[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Rules and Regulations]
[Pages 40747-40750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18864]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0591; FRL-8941-4]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revised Motor Vehicle Emission Budgets for the York-Adams
Counties 8-Hour Ozone Maintenance Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision amends the 8-hour ozone maintenance plan for
the York-Adams Counties 8-Hour Ozone Maintenance Area (the Area). This
revision amends the maintenance plan's 2009 and 2018 motor vehicle
emissions budgets (MVEBs) by unequally dividing the existing approved
MVEBs which covers the entire maintenance area into two sub-regional
MVEBs, one set of MVEBs for each county comprising the area. The
revised plan continues to demonstrate maintenance of the 8-hour
national ambient air quality standard (NAAQS) for ozone. EPA is
approving this SIP revision to the Pennsylvania maintenance plan for
York-Adams in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on October 13, 2009 without further
notice, unless EPA receives adverse written comment by September 14,
2009. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0591 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2008-0591, Carol Febbo, Chief, Energy,
Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0591. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an anonymous access system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment.
[[Page 40748]]
If you send an e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania.
FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'',
``us'', or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Summary of Pennsylvania's SIP Revision and EPA's Review
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On January 14, 2008 (73 FR 2163) EPA redesignated the York-Adams
Counties area of Pennsylvania to attainment for the 8-hour ozone NAAQS.
For the York-Adams Counties area, the redesignation included approval
of an 8-hour ozone maintenance plan, which identifies on-road MVEBs for
Volatile Organic Compounds (VOCs) and Nitrous Oxides (NOX),
which are ozone precursors, which are then used for transportation
planning and conformity purposes. There are two separate metropolitan
planning organizations (MPOs), in this maintenance area, one in each
county, with individual responsibility for doing transportation
conformity for their respective county. Pennsylvania has unequally
divided the existing MVEBs and created sub-regional MVEBs for each
county to better accommodate the transportation planning and conformity
processes within the Area.
II. Summary of Pennsylvania's SIP Revision and EPA's Review 2009 and
2018 Motor Vehicle Emission Budgets
On May 23, 2008, the State of Pennsylvania submitted to EPA a
formal revision to its State Implementation Plan (SIP). The SIP
revision proposes MVEBs that reflect the unequal division of the
existing MVEBs for the maintenance area. The divided MVEBs continue to
ensure maintenance of the NAAQS for ozone for the York-Adams area. The
following table lists the previously approved MVEBs and the proposed
reallocation of the MVEBs into sub-regional budgets for the York-Adams
Counties area.
York-Adams Area Reallocation of the MVEBs Into Sub-regional Budgets
Current MVEBs in the Approved Maintenance Plan--Both Counties
[Tons/day]
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2009 2018
2004 Base year Projection Projection
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VOC............................................................. 16.1 15.9 9.0
NOX............................................................. 26.4 22.8 10.0
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Proposed MVEBs in the Revised Maintenance Plan for Both Counties
[Tons/day] \1\
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2009 Budget 2018 Budget
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Adams County
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VOC..................................... 3.84 2.34
NOX..................................... 4.87 2.54
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York County
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VOC..................................... 12.09 6.72
NOX..................................... 17.96 7.50
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\1\ Due to rounding, the new reallocated budgets, if combined, are
insignificantly higher then the previously approved mobile budgets for
the entire area. This slight difference will still ensure maintenance
of the 8-hour ozone attainment as the combined MVEBs are still lower
then the attainment year budgets.
EPA is proposing to approve the 2009 and 2018 MVEBs for VOCs and
NOX emissions listed above in Table 1 as the new MVEBs for
transportation conformity planning.
III. Final Action
EPA is approving Pennsylvania's May 23, 2008 SIP revision submittal
which amends the 8-hour ozone maintenance
[[Page 40749]]
plans for the York-Adams area. This revision unequally divides the
previously approved 2009 and 2018 MVEBs to create sub-regional MVEBs
for the two counties comprising the area. EPA is approving this SIP
revision to the maintenance plan for the Area because the May 23, 2008
submittal continues to demonstrate maintenance of the 8-hour ozone
NAAQS with the aggregated sub-regional MVEBs. EPA is publishing this
rule without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment, since no
significant adverse comments were received on the SIP revision at the
State level. However, in the Proposed Rules section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on October 13, 2009 without further notice
unless EPA receives adverse comment by September 14, 2009.
If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 13, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking.
This action to approve the York-Adams Counties revised maintenance
plan may not be challenged later in proceedings to enforce its
requirements. (See, section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 28, 2009.
William C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by
revising the entry for the 8-Hour Ozone Maintenance Plan for the York-
Adams, PA Area to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
[[Page 40750]]
EPA-Approved Non-Regulatory or Quasi-Regulatory Material
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Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
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* * * * * * *
8-Hour Ozone Maintenance Plan for York-Adams Counties 6/14/07 1/14/08, 73 FR 2163
the York-Adams, PA Area. Area.
5/23/08 8/13/09 [Insert
page number where
the document
begins].
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[FR Doc. E9-18864 Filed 8-12-09; 8:45 am]
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