Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Johnstown (Cambria County) Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan and 2002 Base Year Inventory

[Federal Register: August 1, 2007 (Volume 72, Number 147)]
[Rules and Regulations]
[Page 41903-41906]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au07-10]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 81
[EPA-R03-OAR-2007-0324; FRL-8447-7]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Johnstown (Cambria County) Ozone
Nonattainment Area to Attainment and Approval of the Area's Maintenance
Plan and 2002 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. The Pennsylvania
Department of Environmental Protection (PADEP) is requesting that the
Johnstown (Cambria County) ozone nonattainment area (Cambria Area) be
redesignated as attainment for the 8-hour ozone ambient air quality
standard (NAAQS). EPA is approving the ozone redesignation request for
Cambria Area. In conjunction with its redesignation request, PADEP
submitted a SIP revision consisting of a maintenance plan for Cambria
Area that provides for continued attainment of the 8-hour ozone NAAQS
for at least 10 years after redesignation. EPA is approving the 8-hour
maintenance plan. PADEP also submitted a 2002 base year inventory for
the Cambria Area which EPA is approving. In addition, EPA is approving
the adequacy determination for the motor vehicle emission budgets
(MVEBs) that are identified in the Cambria Area maintenance plan for
purposes of transportation conformity, and is approving those MVEBs.
EPA is approving the redesignation request, and the maintenance plan
and the 2002 base year emissions inventory as revisions to the
Pennsylvania SIP in accordance with the requirements of the Clean Air
Act (CAA).

DATES: Effective Date: This final rule is effective on August 1, 2007
pursuant to the authority of 5 U.S.C. 553(d)(1).

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0324. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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

[[Page 41904]]

available only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or in
hard copy 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. Copies of the State
submittal are available at 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: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On June 1, 2007 (72 FR 30509), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval of Pennsylvania's redesignation request, a SIP revision that
establishes a maintenance plan for the Cambria Area that provides for
continued attainment of the 8-hour ozone NAAQS for at least 10 years
after redesignation, and a 2002 base year emissions inventory. The
formal SIP revisions were submitted by PADEP on March 27, 2007. Other
specific requirements of Pennsylvania's redesignation request, SIP
revision for the maintenance plan, and the rationales for EPA's
proposed actions are explained in the NPR and will not be restated
here. No public comments were received on the NPR.
However, on December 22, 2006, the U.S. Court of Appeals for the
District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard. (69 FR 23951, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006). On June 8, 2007, in South Coast Air Quality Management Dist. v.
EPA, Docket No. 04-1201, in response to several petitions for
rehearing, the D.C. Circuit clarified that the Phase 1 Rule was vacated
only with regard to those parts of the rule that had been successfully
challenged. Therefore, the Phase 1 Rule provisions related to
classifications for areas currently classified under subpart 2 of Title
I, part D of the Act as 8-hour nonattainment areas, the 8-hour
attainment dates and the timing for emissions reductions needed for
attainment of the 8-hour ozone NAAQS remain effective. The June 8
decision left intact the Court's rejection of EPA's reasons for
implementing the 8-hour standard in certain nonattainment areas under
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let
stand EPA's revocation of the 1-hour standard and those anti-
backsliding provisions of the Phase 1 Rule that had not been
successfully challenged. The June 8 decision reaffirmed the December
22, 2006 decision that EPA had improperly failed to retain measures
required for 1-hour nonattainment areas under the anti-backsliding
provisions of the regulations: (1) Nonattainment area New Source Review
(NSR) requirements based on an area's 1-hour nonattainment
classification; (2) Section 185 penalty fees for the 1-hour severe or
extreme nonattainment areas; and (3) measures to be implemented
pursuant to section 172(c)(9) or 182(c)(9) of the Act, on the
contingency of an area not making reasonable further progress toward
attainment of the 1-hour NAAQS, or for failure to attain NAAQS. In
addition, the June 8 decision clarified that the Court's reference to
conformity requirements for anti-backsliding purposes was limited to
requiring the continued use of the 1-hour motor vehicle emissions
budgets until 8-hour budgets were available for 8-hour conformity
determinations, which is already required under EPA's conformity
regulations. The Court thus clarified the 1-hour conformity
determinations are not required for anti-backsliding purposes.
For the reasons set forth in the proposal, EPA does not believe
that the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006 and June 8, 2007 decisions impose no
impediment to moving forward with redesignation of this area to
attainment, because even in the light of the Court's decisions,
redesignation is appropriate under the relevant redesignation provisions
of the Act and longstanding policies regarding redesignation requests.
In the June 1, 2007 NPR, EPA proposed to find that the area had
satisfied the requirements under the 1-hour standard whether the 1-hour
standard was deemed to be reinstated or whether the Court's decision on
the petition for rehearing were modified to require something less than
compliance with all applicable 1-hour requirements. Because EPA
proposed to find that the area satisfied the requirements under either
scenario, EPA is proceeding to finalize the redesignation and to
conclude that the area met the requirements under the 1-hour standard
applicable for purposes of redesignation under the 8-hour standard.
These include the provisions of EPA's anti-backsliding rules, as well
as the additional anti-backsliding provisions identified by the Court
in its rulings. In its June 8, 2007 decision, the Court limited its
vacatur so as to uphold those provisions of the anti-backsliding
requirements that were not successfully challenged. Therefore, EPA
finds that the area has met the anti-backsliding requirements, see 40
CFR 51.900 et seq; 70 FR 30592, 30604 (May 26, 2005) which apply by
virtue of the area's classification for the 1-hour ozone NAAQS, as well
as the four additional anti-backsliding provisions identified by the
Court, or that such requirements are not applicable for purposes of
redesignation. In addition, with respect to the requirement for
transportation conformity under the 1-hour standard, the Court in its
June 8 decision clarified that for those with 1-hour motor vehicle
emissions budgets, anti-backsliding requires only that those 1-hour
budgets must be used for 8-hour conformity determinations until
replaced by 8-hour budgets. To meet this requirement, conformity
determinations in such areas must continue to comply with the
applicable requirements of EPA's conformity regulations at 40 CFR part
93. The Court clarified that the 1-hour conformity determinations are
not required for anti-backsliding purposes.

II. Final Action

EPA is approving the Commonwealth of Pennsylvania's redesignation
request, maintenance plan, and the 2002 base year emissions inventory
because the requirements for approval have been satisfied. EPA has
evaluated Pennsylvania's redesignation request that was submitted on
March 27, 2007 and determined that it meets the redesignation criteria
set forth in section 107(d)(3)(E) of the CAA. EPA believes that the
redesignation request and monitoring data demonstrate that the Cambria
Area has attained the 8-hour ozone standard. The final approval of this
redesignation request will change the designation of the Cambria Area
from nonattainment to attainment for the 8-hour ozone standard. EPA is
approving the maintenance plan for the Cambria Area submitted on March
27, 2007 as a revision to the Pennsylvania SIP. EPA is also approving
the MVEBs submitted by PADEP in conjunction with its redesignation
request. In addition, EPA is approving the 2002 base year emissions
inventory as a revision to the Pennsylvania SIP submitted by PADEP on
March 27, 2007. In this final rulemaking, EPA is notifying the public
that we have found

[[Page 41905]]

that the MVEBs for nitrogen oxides (NO_X) and volatile
organic compounds (VOCs) in the Cambria Area for the 8-hour ozone
maintenance plan are adequate and approved for conformity purposes. As
a result of our finding, the Cambria Area must use the MVEBs from the
submitted 8-hour ozone maintenance plan for future conformity
determinations. The adequate and approved MVEBs are provided in the
following table:

Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
(TPD)
------------------------------------------------------------------------
Budget year NOX VOC
------------------------------------------------------------------------
2009.............................................. 3.8 5.6
2018.............................................. 2.3 2.7
------------------------------------------------------------------------

The Cambria Area is subject to the CAA's requirement for the basic
nonattainment areas until and unless it is redesignated to attainment.

III. Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Redesignation of an area to attainment under section 107(d)(3)(e) of
the Clean Air Act does not impose any new requirements on small
entities. Redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on sources. Accordingly, the Administrator certifies that this 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 approves 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 final
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). Because this action affects the status of
a geographical area, does not impose any new requirements on sources,
or allows the state to avoid adopting or implementing other
requirements, 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 approves a state rule implementing
a Federal requirement, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This 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 approves a state rule
implementing a Federal standard.
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. Redesignation is an
action that affects the status of a geographical area and does not
impose any new requirements on sources. 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 does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 rule 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. This rule 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 1, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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. This action, approving the redesignation of the Cambria
Area to attainment for the 8-hour ozone NAAQS, the associated
maintenance plan, the 2002 base year emission inventory, and the MVEBs
identified in the maintenance plan, may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: July 18, 2007.
James W. Newsom,
Acting Regional Administrator, Region III.

• 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

• 1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

• 2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
an entry for the 8-hour Ozone Maintenance Plan and 2002 Base Year
Emissions Inventory for Johnstown (Cambria County), Pennsylvania at the
end of the table to read as follows:

[[Page 41906]]

Sec. 52.2020 Identification of plan.

* * * * *
(e) * * *
(1) * * *

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Name of non-regulatory SIP Applicable State
revision geographic area submittal date EPA approval date Additional explanation
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* * * * * * *
8-Hour Ozone Maintenance Plan Johnstown (Cambria 03/27/07 08/01/07 [Insert
and 2002 Base Year Emissions County). page number where
Inventory. the document
begins].
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PART 81--[AMENDED]

• 1. The authority citation for prt 81 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

• 2. In Sec. 81.339, the table entitled ``Pennsylvania-Ozone (8-Hour
Standard)'' is amended by revising the entry for the Johnstown, PA,
Cambria County to read as follows:

Sec. 81.339 Pennsylvania.

* * * * *

Pennsylvania--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area ---------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Johnstown, PA: Cambria County. 08/01/07 Attainment......

* * * * * * *
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\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. E7-14745 Filed 7-31-07; 8:45 am]
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Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Johnstown (Cambria County) Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan and 2002 Base Year Inventory

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