11122 Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Proposed Rules 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. 

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: February 4, 2013. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2013–03063 Filed 2–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0954; FRL–9781–8] 

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: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania 

(Pennsylvania). This proposed revision 

consists of an update to the SIPapproved Motor Vehicle Emissions 

Budgets (MVEBs) for the Pennsylvania 

counties in the PhiladelphiaWilmington, 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). Those counties are: 

Philadelphia, Montgomery, Delaware, 

Chester, and Bucks Counties. This 

rulemaking proposes to approve the 

MVEBs and thereby make them 

available for transportation conformity 

purposes. EPA determined on May 16, 

2012 that the Philadelphia Area attained 

the 1997 PM2.5 National Ambient Air 

Quality Standard (NAAQS) by the 

applicable attainment date. Approval of 

this SIP revision will not interfere with 

the Philadelphia Area’s ability to 

continue to attain the 1997 PM2.5

NAAQS. This action is being taken 

under section 110 of the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before March 18, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0954 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0954, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted 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–2012– 

0954. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

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 www.regulations.gov 

or email. The 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. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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 

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 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 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

determined on May 16, 2012 (77 FR 

28782) that the Philadelphia Area 

attained the 1997 PM2.5 NAAQS by the 

applicable attainment date, April 5, 

2010. On November 6, 2012, the 

Pennsylvania DEP submitted a draft SIP 

revision to update the SIP-approved 

MVEBs for the Philadelphia Area to 

reflect the use of the most recent version 

of the MOVES model. On January 29, 

2013, Pennsylvania DEP submitted its 

formal, final SIP revision to update the 

SIP-approved MVEBs for the 

Philadelphia Area. 

I. Background 

The currently SIP-approved MVEBs 

for the Philadelphia Area were 

developed using the Highway Mobile 

Source Emission Factor Model 

(MOBILE6.2). On March 2, 2010 (75 FR 

9411), EPA published a notice of 

availability for the MOVES2010 model 

for use in developing MVEBs for SIPs 

and for conducting transportation 

conformity analyses. EPA commenced a 

two year grace period after which time 

the MOVES2010 model would have to 

be used for transportation conformity 

purposes. The two year grace period 

was scheduled to end on March 2, 2012. 

On February 27, 2012 (77 FR 11394), 

EPA published a final rule extending 

the grace period for one more year to 

March 2, 2013 to ensure adequate time 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Proposed Rules 11123 

for affected parties to have the capacity 

to use the MOVES model to develop or 

update the applicable MVEBs in SIPs 

and to conduct conformity analyses. On 

September 8, 2010, EPA released 

MOVES2010a, which is a minor update 

to MOVES2010 (hereafter referred to as 

the MOVES model), and which is used 

by Pennsylvania in this SIP revision. 

By requesting that EPA approve its 

SIP revision to update the SIP-approved 

MVEBs of the Philadelphia Area to 

reflect the use of the MOVES model, 

Pennsylvania DEP is seeking to ensure 

that the applicable SIP-approved 

MVEBs are MOVES-based for use in 

transportation conformity analyses. The 

transportation conformity rules can be 

found in 40 CFR 93, Subpart A. One of 

the requirements for transportation 

conformity is that any transportation 

plan, transportation improvement 

program (TIP) or transportation project 

not already part of a conforming TIP 

must conform to the MVEBs in the 

applicable SIP. In order for the MVEBs 

in a SIP to be used to determine 

conformity of a TIP or a transportation 

project, the MVEBs must be deemed 

adequate and/or approved as a SIP 

revision. The requirements for adequacy 

are set forth in 40 CFR 93.118(e)(4)(i)– 

(vi). EPA is proposing to approve the 

updated MVEBs of the Philadelphia 

Area as a SIP revision because EPA has 

thoroughly reviewed the SIP revision 

and determined that those MVEBs meet 

the adequacy requirements and have 

been correctly re-calculated to reflect 

the use of the MOVES model. Upon 

final SIP approval, the updated MVEBs 

will become the applicable MVEBs for 

use in performing transportation 

conformity analyses. 

II. Summary of the SIP Revision 

On November 6, 2012, Pennsylvania 

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 

Philadelphia Area’s MVEBs to reflect 

the use of the MOVES model. The 

MVEBs are for PM2.5 and nitrogen 

oxides (NOX). The attainment 

demonstration documented that NOX is 

the only significant precursor from onroad sources to the formation of PM2.5

in the Philadelphia Area. The MVEBs 

were previously developed using 

MOBILE6.2 for the year 2009. 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). 

A summary of the updated MOVESbased 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 NAAQS by the 

applicable attainment date and the area 

continues to attain the 1997 PM2.5

NAAQS. The design values for the years 

2007–2009, 2008–2010, and 2009–2011 

respectively are as follows: 13.7 

micrograms per cubic meter (mg/m3), 

13.8 mg/m3, and 13.7 mg/m3. All of the 

design values are below the 1997 PM2.5

NAAQS which is 15 mg/m3. Also, 

preliminary 2012 data show that the 

Philadelphia Area continues to attain 

the standard. 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 be in attainment 

of the 1997 PM2.5 NAAQS. A detailed 

summary of EPA’s review and rationale 

for proposing to approve this SIP 

revision may be found in the Technical 

Support Document (TSD) prepared in 

support of this proposed approval and 

is available on line at http:// 

www.regulations.gov, Docket number 

EPA–R03–OAR–2012–0954. 

TABLE 1—SUMMARY OF MVEBS

Model MOBILE6.2 MOVES2010a 

Year ................................................................................................. 2002 2009 2002 2009 

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 

III. Proposed Action 

EPA is proposing to approve 

Pennsylvania DEP’s SIP revision request 

from January 29, 2013 to update the SIPapproved MVEBs in the Philadelphia 

Area to reflect the use of the MOVES 

model. EPA is proposing approval 

because this SIP revision will allow the 

Philadelphia Area to continue to be in 

attainment of 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. 

Upon final approval, these updated 

MVEBs will be both adequate and SIPapproved for purposes of transportation 

conformity. 

EPA issued conformity regulations to 

implement the 1997 PM2.5 NAAQS in 

July 2004 and May 2005. See 69 FR 

40004 (July 1, 2004) and 70 FR 24280 

(May 6, 2005). Those actions were not 

part of the final rule recently remanded 

to EPA by the Court of Appeals for the 

District of Columbia in NRDC v. EPA, 

No. 08–1250 (January 4, 2013), in which 

the Court remanded to EPA the 

implementation rule for the PM2.5

NAAQS because it concluded that EPA 

must implement that NAAQS pursuant 

to the PM-specific implementation 

provisions of Subpart 4 of Part D of Title 

I of the CAA, rather than solely under 

the general provisions of Subpart 1. 

That decision does not affect EPA’s 

proposed approval of the Philadelphia 

Area MVEBs. First, as noted above, 

EPA’s conformity rule implementing the 

1997 PM2.5 NAAQS was a separate 

action from the overall PM2.5

implementation rule addressed by the 

Court and was not considered or 

disturbed by the decision. Therefore, the 

conformity regulations were not at issue 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
11124 Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Proposed Rules 

1The 2004 rulemaking action addressed most of 

the transportation conformity requirements that 

apply in PM2.5 nonattainment and maintenance 

areas. The 2005 conformity rule included 

provisions addressing treatment of PM2.5 precursors 

in MVEBs. See 40 CFR 93.102(b)(2). While none of 

these provisions were challenged in the NRDC case, 

EPA also notes that the court declined to address 

challenges to EPA’s presumptions regarding PM2.5

precursors in the PM2.5 implementation rule. NRDC 

v. EPA, slip op. at 18 n. 10. 

in NRDC v. EPA.1 In addition, the 

Philadelphia Area is currently attaining 

the 1997 PM2.5 NAAQS and EPA has 

approved Pennsylvania DEP’s 

attainment demonstration for the 

Philadelphia Area, and the revised 

MVEBs simply update the budget 

calculations using MOVES, as explained 

above. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 proposed rule 

concerning Pennsylvania’s January 29, 

2013 request to update the applicable 

MVEBs of the Philadelphia Area 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter. 

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

Dated: February 7, 2013. 

W. C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–03594 Filed 2–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2012–0233; FRL–9781–3] 

EPA Responses to State and Tribal 

2010 Sulfur Dioxide Designation 

Recommendations: Notice of 

Availability and Public Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability and public 

comment period. 

SUMMARY: Notice is hereby given that 

the EPA has posted its responses to 

certain state and tribal designation 

recommendations for the 2010 Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS) on its 

Internet Web site. The EPA invites the 

public to review and provide input on 

its responses during the comment 

period specified in the DATES section. 

The EPA sent its responses directly to 

the states and tribes on or about 

February 7, 2013. These responses focus 

on designating as ‘‘nonattainment’’ 

certain areas of the country where air 

monitoring data from 2009–2011 

indicate violations of the 2010 SO2

NAAQS. The EPA intends to make final 

the designation determinations for the 

areas of the country addressed by these 

responses in June 2013. 

DATES: Comments must be received on 

or before March 18, 2013. Please refer to 

SUPPLEMENTARY INFORMATION for 

additional information on the comment 

period. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–0233, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

Attention Docket ID No. EPA–HQ–OAR– 

2012–0233. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2012– 

0233. 

• Mail: Air Docket, Attention Docket 

ID No. EPA–HQ–OAR–2012–0233, 

Environmental Protection Agency, Mail 

Code: 6102T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

1301 Constitution Avenue NW., Room 

3334, Washington, DC. 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–HQ–OAR–2012– 

0233. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

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 confidential business 

information or otherwise protected 

through www.regulations.gov or email. 

The www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS