Approval and Promulgation of Implementation Plans; Pennsylvania;
Revision to the Rate of Progress Plan for the 1-Hour Ozone Standard for
the Pennsylvania Portion of the Philadelphia Area
[Federal Register: March 16, 2004 (Volume 69, Number 51)]
[Proposed Rules]
[Page 12293-12296]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr04-15]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA213-4026, FRL-7636-5]
Approval and Promulgation of Implementation Plans; Pennsylvania;
Revision to the Rate of Progress Plan for the 1-Hour Ozone Standard for
the Pennsylvania Portion of the Philadelphia Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a revision to the Pennsylvania
State Implementation Plan (SIP). Specifically, EPA is proposing
approval of the revised mobile emission inventories and 2005 motor
vehicle emissions budgets (MVEBs) which have been developed using
MOBILE6, an updated model for calculating mobile emissions of ozone
precursors. These inventories and MVEBs are part of the Rate of
Progress (ROP) plan approved for the Pennsylvania portion of the
Philadelphia-Wilmington-Trenton severe 1-Hour ozone nonattainment area
(the Philadelphia area). The intended effect of this action is to
approve a SIP revision that will better enable the Commonwealth of
Pennsylvania to continue to plan for attainment of the 1-Hour national
ambient air quality standard (NAAQS) for ozone in the Pennsylvania
portion of the Philadelphia area. This action is being taken under the
Clean Air Act.
DATES: Written comments must be received on or before April 15, 2004.
ADDRESSES: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Martin T. Kotsch, Energy,
Radiation and Indoor Environment, Mail Code 3AP23, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Electronic comments should be sent either to
Kotsch.Martin@epa.gov or to http://www.regulations.gov,
which
is an alternative method for submitting electronic comments to EPA. To
submit comments, please follow the detailed instructions described in
part III of the SUPPLEMENTARY INFORMATION section. Copies of the documents
relevant to this action are available for public inspection during
normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania, 19103, and the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Martin T. Kotsch, Energy, Radiation
and Indoor Environment Branch, U.S. Environmental Protection Agency,
1650 Arch Street, Mail Code 3AP23, Philadelphia, Pennsylvania 19103-
20209, (215) 814-3335, or by e-mail at Kotsch.Martin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The MOBILE model is an EPA emissions factor model for estimating
pollution from on-road motor vehicles. The MOBILE model calculates
emissions of volatile organic compounds (VOCs), nitrogen oxides
(NOX) and carbon monoxide (CO) from passenger cars,
motorcycles, buses, and light-duty and heavy-duty trucks. The model
accounts for emission factors such as changes in vehicle emission
standards, changes in vehicle populations and activity, and variation
in local conditions such as temperature, humidity, fuel quality, and
air quality programs. The MOBILE model is used to calculate current and
future inventories of motor vehicle emissions at the national and local
levels. Inventories based on MOBILE are also used to meet the Federal
Clean Air Act's SIP and transportation conformity requirements.
The MOBILE model was first developed in 1978. It has been updated
many times to reflect changes in the vehicle fleet and fuels, to
incorporate EPA's growing understanding of vehicle emissions, and to
cover new emissions regulations and modeling needs. EPA officially
released the MOBILE6 motor vehicle emissions factor model on January
29, 2002 (67 FR 4254). Although some minor updates were made in 1996
with the release of MOBILE5b, the MOBILE6 version of the model is its
first major revision since MOBILE5a was released in 1993.
II. Summary of the SIP Revisions and EPA's Evaluation
A. The Revised Emission Inventories
On January 9, 2004, the Commonwealth of Pennsylvania submitted
proposed SIP revisions, and requested that EPA parallel process its
approval of those SIP revisions concurrent with the state's process for
amending its SIP. These proposed SIP revisions revise the 1990 and 2005
motor vehicle emissions inventories and the 2005 motor vehicle
emissions budgets using the MOBILE6 model. The January 9, 2004,
submittal demonstrates that the new levels of motor vehicle emissions
calculated using MOBILE6 continue to demonstrate ROP for the 1-Hour
ozone NAAQS for the Pennsylvania portion of the Philadelphia area for
the year 2005.
Table 1 summarizes the revised motor vehicle emissions inventories
area in tons per summer day (tpd). These revised inventories were
developed using the latest planning assumptions, including 2002 vehicle
registration data, vehicle miles traveled (VMT), speeds, fleet mix, and
SIP control measures.
Table 1.--Revised Motor Vehicle Emissions Inventories
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1990 2005
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Nonattainment Area VOC NOX VOC NOX
(tpd) (tpd) (tpd) (tpd)
------------------------------------------------------------------------
Pennsylvania Portion of the 239.95 252.93 79.69 144.73
Philadelphia Area..........
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EPA has articulated its policy regarding the use of MOBILE6 in SIP
development in its ``Policy Guidance on the Use of MOBILE6 for SIP
Development and Transportation Conformity.'' \1\ Consistent with this
policy guidance, the Commonwealth of Pennsylvania's January 9, 2004,
submittal includes a relative reduction comparison to show that its 1-
Hour Ozone ROP Plan continues to demonstrate ROP for attainment using
revised MOBILE6 inventories for its portion of the Philadelphia area. The
[[Page 12294]]
Commonwealth's methodology for the relative reduction comparison
consisted of comparing the new MOBILE6 inventories with the previously
approved (66 FR 54143) MOBILE5 inventories for the Pennsylvania portion
of the Philadelphia area. Specifically, the state calculated the
relative reductions (expressed as percent reductions) in ozone
precursors between the MOBILE5-based 1990 base year and attainment year
inventory. These percent reductions were then compared to the percent
reductions between the revised MOBILE6-based 1990 base year and
attainment year inventories. It should again be noted that the latest
planning assumptions were used in modeling for the Commonwealth's
relative reduction comparison.
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\1\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP
Development and Transportation Conformity,'' issued January 18,
2002. A copy of this memorandum can be found on EPA's Web site at
http://www.epa.gov/otaq/transp/traqconf.htm.
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Pennsylvania's relative reduction comparison shows that for the
Pennsylvania portion of the Philadelphia area, the percent reductions
in VOC and NOX emissions achieved in the revised MOBILE6-
based inventories are lower than the percent reductions calculated with
MOBILE5. The analysis determined that the new MOBILE6 analysis resulted
in a 6.65 tons per day NOX shortfall and a 0.82 tons per day
VOC shortfall.
Based upon the emission inventories and using EPA guidance titled
``NOX Substitution'' United States Environmental Protection
Agency, Office of Air Quality Planning and Standards, dated December
1993, Pennsylvania determined that for the Philadelphia area
approximately 1 ton of NOX emissions is equivalent to 1.37
tons of VOC emissions, as emissions of those pollutants relate to their
potential to form ozone. Using this factor, Pennsylvania converted
their NOX shortfall to a VOC equivalent shortfall (6.65 tons
of NOX per day x 1.37 tons VOC/ton of NOX = 9.11
tons of VOC). Combining this with the previously calculated VOC
shortfall of 0.82 tons per day results in a total VOC shortfall of 9.93
tons per day. In order to continue to demonstrate adequate emission
reductions for ROP, credit from recently adopted control programs
pursuant to the Ozone Transport Commission (OTC) Model rules were added
as control measures to the 2005 ROP plan. These new measures include
the following Pennsylvania regulations developed in accordance with the
OTC Model Rules: consumer products, portable fuel containers, AIM
coatings, mobile equipment finishing and solvent cleaning operations.
These control measures have total creditable VOC reduction of 41.89
tons per day, which is more than adequate to offset the increase in
mobile emissions as calculated with MOBILE6.
EPA's policy guidance also required the state to consider whether
growth and control strategy assumptions for non-motor vehicle sources
(i.e., point, area, and non-road mobile sources) were still accurate at
the time the January 9, 2004, submittal was developed. Pennsylvania
reviewed the growth and control strategy assumptions for non-motor
vehicle sources, and concluded that these assumptions continue to be
valid for its 1-Hour Ozone ROP Plan.
Pennsylvania's January 9, 2004, submittal satisfies the conditions
outlined in EPA's MOBILE6 Policy guidance, and demonstrates that the
new levels of motor vehicle emissions calculated using MOBILE6 continue
to demonstrate ROP for the year 2005 in the Pennsylvania portion of the
Philadelphia area.
B. The Revised Motor Vehicle Emissions Budgets (MVEBs)
The MVEBs are the on-road components of VOC and NOX
emissions of the 2005 attainment inventories. Table 2 summarizes
Pennsylvania's revised MVEBs contained in the January 9, 2004,
submittal. These budgets were developed using the latest planning
assumptions, including 2002 vehicle registration data, VMT, speeds,
fleet mix, and SIP control measures. Because Pennsylvania's January 9,
2004, submittal satisfies the conditions outlined in EPA's MOBILE6
Policy guidance, and demonstrates that the new levels of motor vehicle
emissions calculated using MOBILE6 continue to demonstrate ROP for 2005
for the Pennsylvania portion of the Philadelphia area, EPA is proposing
to approve these budgets.
Table 2.--Pennsylvania's Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
2005 Attainment
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Nonattainment Area VOC NOX
(tpd) (tpd)
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Pennsylvania Portion of the Philadelphia Area..... 79.69 144.73
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III. Proposed EPA Action
EPA is proposing to approve the Pennsylvania revisions to the 2005
ROP plan which were submitted on January 9, 2004. These revisions amend
the Pennsylvania's 1990 and 2005 motor vehicle emission inventories and
the 2005 motor MVEBs for the Pennsylvania portion of the Philadelphia
area to reflect the use of MOBILE6. These revisions are being proposed
under a procedure called parallel processing, whereby EPA proposes
rulemaking action concurrent with the state's procedures for amending
its ROP Plans. If the proposed revisions are substantively changed in
areas other than those identified in this action, EPA will evaluate
those changes and may publish another notice of proposed rulemaking. If
no substantive changes are made to the currently proposed SIP revision,
EPA will publish a Final Rulemaking Notice on the revisions. The final
rulemaking action by EPA will occur only after the SIP revisions have
been adopted by Pennsylvania and submitted formally to EPA for
incorporation into the SIP. EPA is soliciting public comments on this
proposed rule. These comments will be considered before taking final
action. Interested parties may participate in the Federal rulemaking
procedure by submitting either electronic or written comments. To
ensure proper receipt by EPA, identify the appropriate rulemaking
identification number PA213-4026 in the subject line on the first page
of your comment. Please ensure that your comments are submitted within
the specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
Kotsch.Martin@EPA.gov, attention PA213-4026. EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
without going through Regulations.gov,
[[Page 12295]]
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov,
then select
``Environmental Protection Agency'' at the top of the page and use the
``go'' button. The list of current EPA actions available for comment
will be listed. Please follow the online instructions for submitting
comments. The system is an ``anonymous access'' system, which means EPA
will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in the ADDRESSES
section of this document. These electronic submissions will be accepted
in WordPerfect, Word or ASCII file format. Avoid the use of special
characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose disclosure is restricted by statute. When EPA
identifies a comment containing copyrighted material, EPA will provide
a reference to that material in the version of the comment that is
placed in the official public rulemaking file. The entire printed
comment, including the copyrighted material, will be available at the
Regional Office for public inspection.
Submittal of CBI Comments
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
Considerations when Preparing Comments to EPA
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Public Law 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal government and Indian tribes, as specified by Executive
Order 13175 (59 FR 22951, November 9, 2000). This action also does not
have federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks''
(62 FR 19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
This rule proposing to approve Pennsylvania's revised 1990 and 2005
motor vehicle emission inventories and 2005 MVEBs of the 2005 ROP plan
using MOBILE6 for the Pennsylvania
[[Page 12296]]
portion of the Philadelphia area and does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 5, 2004.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 04-5872 Filed 3-15-04; 8:45 am]
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