[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Rules and Regulations]
[Pages 40749-40752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3632]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0323; FRL-8445-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Harrisburg-Lebanon-Carlisle 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.

-----------------------------------------------------------------------

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 
Harrisburg-Lebanon-Carlisle ozone nonattainment area (``Harrisburg 
Area'') be redesignated as attainment for the 8-hour ozone ambient air 
quality standard (NAAQS). EPA is approving the ozone redesignation 
request for the Harrisburg Area. In conjunction with its redesignation 
request, PADEP submitted a SIP revision consisting of a maintenance 
plan for the Harrisburg 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 Harrisburg 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 Harrisburg 
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).

EFFECTIVE DATE: This final rule is effective on July 25, 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-2007-0323. All documents in the docket are listed in 
the 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 available 
only in hard copy form. Publicly available docket materials are 
available either electronically through 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 
Resources Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth (215) 814-2034, or by 
e-mail at wentworth.ellen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 1, 2007 (72 FR 30521), 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 Harrisburg 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 revision was submitted by PADEP on March 27, 2007. Other 
specific requirements of Pennsylvania's redesignation request, the SIP 
revision for the maintenance plan, and the rationale for EPA's proposed 
actions are explained in the NPR and will not be restated here. No 
public comments were received on the NPR.

[[Page 40750]]

    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 four 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 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 that 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 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 that 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 the redesignation of this Area to 
attainment, because even in light of the Court's decisions, 
redesignation is appropriate under the relevant redesignation 
provisions of the Act and longstanding policies regarding redesignation 
requests.
    In its proposal, 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 was 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 has 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 areas 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 comply with the applicable 
requirements of EPA's conformity regulations at 40 CFR part 93. The 
Court clarified that 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 
Harrisburg Area has attained the 8-hour ozone standard. The final 
approval of this redesignation request will change the designation of 
the Harrisburg Area from nonattainment to attainment for the 8-hour 
ozone standard. EPA is approving the maintenance plan for the 
Harrisburg 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 that the 
MVEBs for NOX and VOCs in the Harrisburg Area for the 8-hour 
ozone maintenance plan are adequate and approved for conformity 
purposes. As a result of our finding, the Harrisburg 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:

Table 1.--Motor Vehicle Emissions Budgets in Kilograms per day (Tons per
                              Day--Rounded)
------------------------------------------------------------------------
               Year                        VOC                NOX
------------------------------------------------------------------------
  Harrisburg Area Transportation Study (HATS)--Cumberland, Dauphin, and
                             Perry Counties
------------------------------------------------------------------------
2009..............................      23,014 (25.4)      41,917 (46.2)
2018..............................      16,136 (17.8)      18,409 (20.3)
------------------------------------------------------------------------

[[Page 40751]]

 
                       Lebanon County MPO (LEBCO)
------------------------------------------------------------------------
2009..............................        4,301 (4.7)        8,928 (9.8)
2018..............................        2,512 (2.8)       3,684 (4.1)
------------------------------------------------------------------------
*Note: Tons per day are informational only. Differences occur due to
  rounding.

    The Harrisburg 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 final 
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 (Pub. L. 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 (65 
FR 67249, 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 USC. 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 September 24, 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 Harrisburg Area to 
attainment for the 8-hour ozone NAAQS, the associated maintenance plan, 
the 2002 base-year emissions 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

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 16, 2007.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

[[Page 40752]]

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 NN-Pennsylvania

0
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 the Harrisburg-Lebanon-Carlisle, Pennsylvania 
Area at the end of the table to read as follows:


Sec.  52.2020  Identification of plan.

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

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable            State                               Additional
             revision                 geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone Maintenance Plan and  Harrisburg-Lebanon-         03/27/07  07/25/07 [Insert
 2002 Base Year Emissions           Carlisle, PA:                         page number where
 Inventory.                         Cumberland County,                    the document
                                    Dauphin County,                       begins].
                                    Lebanon County,
                                    Perry County.
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec.  81.339, the table entitled ``Pennsylvania-Ozone (8-Hour 
Standard)'' is amended by revising the entry for the Harrisburg-
Lebanon-Carlisle, Pennsylvania Area 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Harrisburg-Lebanon-Carlisle
 PA:
    Cumberland County,         07/25/07..................................  Attainment.................
     Dauphin County, Lebanon
     County, Perry County.
 
                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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. 07-3632 Filed 7-24-07; 8:45 am]
BILLING CODE 6560-50-P