[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Rules and Regulations]
[Pages 19991-19994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07539]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0954; FRL-9796-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Motor Vehicle Emissions Budgets for the Pennsylvania
Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 Fine Particulate
Matter Nonattainment Area
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 (Pennsylvania). The
revision consists of an update to the SIP-approved Motor Vehicle
Emissions Budgets (MVEBs) for the Pennsylvania counties in the
Philadelphia-Wilmington, PA-NJ-DE 1997 fine particulate matter
(PM2.5) nonattainment area (hereafter referred to as the
Philadelphia Area) to reflect the use of the most recent version of the
Motor Vehicle Emission Simulator model (MOVES). The Pennsylvania
counties impacted by this revision are: Philadelphia, Montgomery,
Delaware, Chester, and Bucks Counties. EPA is approving this revision
to the MVEBs and thereby making them available for transportation
conformity purposes in accordance with the requirements of the Clean
Air Act (CAA).
DATES: This final rule is effective on April 3, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0954. 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
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 15, 2013 (78 FR 11122), EPA published a Notice of
Proposed Rulemaking (NPR) for Pennsylvania. The NPR proposed approval
of the MVEBs for the Philadelphia Area. On November 6, 2012, the
Pennsylvania Department of Environmental Protection (DEP) submitted to
EPA a draft SIP revision which updates the Philadelphia Area's MVEBs to
reflect the use of the MOVES model. On January 29, 2013, Pennsylvania
DEP submitted its formal, final SIP revision to update the
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Philadelphia Area's MVEBs to reflect the use of the MOVES model.
II. Summary of SIP Revision
The MVEBs are for PM2.5 and nitrogen oxides
(NOX). The previously developed MVEBs for PM2.5
and NOX for the Philadelphia Area were approved as part of
EPA's approval of Pennsylvania's 1997 PM2.5 attainment plan
on August 28, 2012 (77 FR 51930). The MVEBs were previously developed
using Highway Mobile Source Emission Factor Model (MOBILE6.2) for the
year 2009. The Philadelphia Area attainment demonstration documented
that NOX is the only significant precursor from on-road
sources to the formation of PM2.5 in the Philadelphia Area.
A summary of the updated MOVES-based MVEBs and previously approved
MOBILE6.2-based MVEBs for 2009 is provided in Table 1: Summary of
MVEBs; the emissions for each pollutant are provided in tons per year
(tpy). Also presented in Table 1 is a comparison between the 2002 base
year inventory, which was produced by MOBILE6.2 and updated with MOVES,
and the 2009 MVEBs. Even though there is an emissions increase in the
MOVES-based MVEBs, the increase is not due to an increase in emissions
from mobile sources. The increase is due to the fact that the MOVES
model provides more accurate emissions estimates than MOBILE6.2 rather
than growth that had not been anticipated in the attainment
demonstration or changes to any control measures. Even though the MVEBs
as calculated using MOVES result in a higher estimate of emissions, the
MVEBs are consistent with requirements for attainment in the
Philadelphia Area. This is because EPA determined on May 16, 2012 (77
FR 28782) that the Philadelphia Area attained the 1997 PM2.5
National Ambient Air Quality Standard (NAAQS) by the applicable
attainment date, and because the area continues to meet the 1997
PM2.5 NAAQS. Therefore, this update to the SIP-approved
MVEBs to reflect the use of the MOVES model does not interfere with the
Philadelphia Area's ability to continue to meet the 1997
PM2.5 NAAQS. Additional rationale for EPA's action is
explained in the NPR and will not be restated here. No public comments
were received on the NPR.
Table 1--Summary of MVEBs
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Model........................................................... MOBILE6.2
MOVES2010a
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Year............................................................ 2002 2009 2002 2009
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PM2.5 (tpy)..................................................... 1032.8 699.1 2,904.60 1,907.5
NOX (tpy)....................................................... 63,475.9 36,317.7 90,879.00 57,218.3
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III. Final Action
EPA is approving Pennsylvania DEP's SIP revision request from
January 29, 2013 to update the SIP-approved MVEBs for the Philadelphia
Area to reflect the use of the MOVES model. EPA is approving this SIP
revision because it will allow the Philadelphia Area to continue to
meet the 1997 PM2.5 NAAQS, and our in depth review of the
SIP revision leads EPA to conclude that the updated MVEBs meet the
adequacy requirements set forth in 40 CFR 93.118(e)(4)(i)-(vi), and the
updated MVEBs have been correctly calculated to reflect the use of the
MOVES model.
IV. Effective Date
EPA finds that there is good cause for this approval to become
effective on the date of publication because this action will expedite
the planning process for transportation conformity determinations. The
updated MVEBs will be utilized for transportation conformity
determinations, therefore making this revision effective on the date of
publication will allow for expedited planning and preparation for
transportation conformity determinations by the Delaware Valley
Regional Planning Commission (DVRPC). This expedited planning will
ensure that transportation conformity determinations will not be
delayed. The expedited effective date for this action is authorized
under section 5 U.S.C. 553(d)(3), which allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' Ensuring that the
updated MVEBs are available as soon as possible for use in making
transportation conformity determinations is sufficient reason to allow
an expedited effective date of this rule under 5 U.S.C. 553(d)(3).
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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
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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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 3, 2013. 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. This action which updates Pennsylvania's SIP-approved MVEBs in
the Philadelphia Area to reflect the use of the MOVES model 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, Nitrogen dioxide, Particulate matter.
Dated: March 25, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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
revising the entry for the ``1997 PM2.5 NAAQS Attainment
Plan Demonstration, 2002 Base Year Emissions Inventory, Contingency
Measures and Motor Vehicle Emission Budgets for 2009''.
The revised text reads as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
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* * * * * * *
1997 PM2.5 NAAQS Attainment Pennsylvania 4/12/10, 8/27/12
Demonstration, 2002 Base Year portion of the 8/3/12 77 FR 51930 ..................
Emissions Inventory, Philadelphia-Wilmi 1/29/13 4/3/13 [Insert page Revised 2009 Motor
Contingency Measures and Motor ngton, PA-NJ-DE number where the Vehicle Emission
Vehicle Emission Budgets for PM2.5 document begins] Budgets. The SIP
2009. Nonattainment Area. effective date is
April 13, 2013.
* * * * * * *
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0
3. Section 52.2053 is added to read as follows:
Sec. 52.2053 The Motor Vehicle Emissions Budgets for the Pennsylvania
Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 Fine Particulate
Matter Nonattainment Area
As of April 3, 2013, EPA approves the following revised 2009 Motor
Vehicle Emissions Budgets (MVEBs) for fine particulate matter
(PM2.5) and nitrogen oxides (NOX) for the
Pennsylvania Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997
PM2.5 Nonattainment Area submitted by the Secretary of the
Pennsylvania Department of Environmental Protection:
------------------------------------------------------------------------
Tons per
Applicable geographic area Year Tons per year
year NOX PM2.5
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Pennsylvania Counties in the Philadelphia- 2009 57,218.3 1,907.5
Wilmington, PA-NJ-DE 1997 Fine
Particulate Matter Nonattainment Area....
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[FR Doc. 2013-07539 Filed 4-2-13; 8:45 am]
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