71712 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[PA217–4232; FRL–7845–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Revision to the 1-Hour 

Ozone Maintenance Plan for the 

Pittsburgh-Beaver Valley Area To 

Reflect the Use of MOBILE6

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 revision amends 

Pennsylvania’s ten-year plan to 

maintain the 1-hour ozone national 

ambient air quality standard (NAAQS) 

in the Pittsburgh-Beaver Valley ozone 

maintenance area (the Pittsburgh area). 

The maintenance plan is being amended 

to revise the volatile organic compound 

(VOC) and nitrogen oxides (NOX) motor 

vehicle emission budgets (MVEBs) to 

reflect the use of MOBILE6. The 

intended effect of this action is to 

approve a SIP revision that will better 

enable the Commonwealth of 

Pennsylvania to maintain attainment of 

the 1-hour ozone NAAQS in the 

Pittsburgh area. This action is being 

taken in accordance with the 

requirements of the Clean Air Act.

DATES: Effective Date: This final rule is 

effective on January 10, 2005.

ADDRESSES: 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; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue, NW., Room B108, Washington, 

DC 20460; and Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality, P.O. 

Box 8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Larry Budney, (215) 814–2184, or by email at budney.larry@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 19, 2001 (66 FR 53094), 

EPA redesignated the Pittsburgh area to 

attainment for the 1-hour ozone NAAQS 

and approved the maintenance plan 

submitted by the Pennsylvania 

Department of Environmental Protection 

(DEP) as a revision to the Pennsylvania 

SIP. The Pittsburgh area consists of 

Allegheny, Armstrong, Beaver, Butler, 

Fayette, Washington and Westmoreland 

Counties. The approved maintenance 

plan demonstrates that the area will 

maintain the 1-hour ozone NAAQS for 

ten years from the date of its approval 

(i.e., through 2011). The maintenance 

plan includes VOC and NOX emission 

inventories for all (point, area, highway 

and non-road mobile) source sectors for 

the years 1990, 1999, 2007 and 2011. 

The highway, or on-road, portion of the 

mobile inventories also constitute the 

MVEBs for each year. Those MVEBs are 

to be used when performing analyses of 

transportation plans, programs and 

projects to demonstrate conformity. The 

MVEBs in the maintenance plan 

approved on October 19, 2001 are based 

upon the MOBILE5 emissions model.

On April 22, 2004, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted a formal revision to 

its SIP, amending the Pittsburgh area 

maintenance plan. On July 1, 2004 (69 

FR 39854), EPA published a direct final 

rule approving that SIP revision and a 

companion proposed rule providing 

opportunity for public comment (69 FR 

39892). A brief summary of 

Pennsylvania’s April 22, 2004 SIP 

revision submittal is provided in 

Section II. A detailed description of 

Pennsylvania’s submittal and EPA’s 

rationale for its approval were provided 

in the July 1, 2004 direct final rule and 

will not be restated here. During the 

public comment period, EPA received 

adverse comments on its proposed 

approval of the SIP revision. The 

comments necessitated EPA’s 

withdrawal of the direct final rule 

before its effective date. That 

withdrawal was published in the 

Federal Register on August 5, 2004 (69 

FR 47366). A summary of the comments 

and EPA’s response are provided in 

Section III. 

II. Summary of SIP Revision 

The April 22, 2004 SIP revision 

amends the Pittsburgh area’s ten-year 

maintenance plan for the 1-hour ozone 

NAAQS. The maintenance plan is being 

amended to revise the highway mobile 

source emissions inventory and, 

therefore, the MVEBs to reflect the use 

of the MOBILE6 emissions model. The 

following table presents the revised 

MVEBs for the Pittsburgh area based 

upon MOBILE6. Emissions are 

presented in tons per Summer day:

2004 2007 2011 

VOC .................. 74.03 60.42 45.68 

2004 2007 2011 

NOX .................. 140.63 110.37 77.09 

III. Summary of Comments Received 

and EPA Response 

EPA received timely adverse 

comments from one commenter, a 

private citizen from the State of New 

Jersey. 

Comments: The commenter states that 

air pollution transported east from 

power plants and manufacturing 

facilities in Pennsylvania is detrimental 

to the health of citizens in New Jersey, 

New York and other states. The 

commenter further states that due to the 

impact of its transported air pollution 

and, specifically, power plant emissions 

on other states, Pennsylvania must be 

held to the highest standards. The 

commenter also questions whether the 

existing standards are high enough. 

EPA Response: The comments 

regarding transported emissions from 

power plants and manufacturing 

facilities located in Pennsylvania to 

New Jersey, New York and other states, 

are not germane to EPA’s approval of a 

revision to the Pittsburgh area 

maintenance plan to amend the onroad 

mobile emissions inventory and MVEBs 

to reflect the use of the updated 

MOBILE6 emissions model. Nor is the 

question as to whether the emission 

standards for power plants located in 

Pennsylvania are stringent enough 

germane to the approval of this SIP 

revision. This SIP revision only changes 

the mobile source emission inventories 

and budgets to reflect the current 

updated mobile source emissions 

estimation model. It makes no change to 

the emissions estimates or control 

measures applicable to stationary 

sources, including power plants and 

manufacturing facilities. The SIP as a 

whole, taking into account both the 

previously existing stationary source 

emissions and controls and the revised 

mobile source emissions and controls, 

continues to demonstrate maintenance 

for the required ten year period, as 

explained below. Thus, EPA concludes 

that control levels for both stationary 

sources and mobile sources in the 

Pittsburgh area are sufficient to 

demonstrate maintenance of the 1-hour 

standard in the area. In addition, the 

Pittsburgh area is in compliance with all 

applicable SIP-approved requirements 

relating to controls designed to prevent 

adverse impacts of transported pollution 

on downwind areas. In addition to 

reasonably available control technology 

requirements, the Commonwealth has 

adopted and is implementing additional 

‘‘post RACT requirements’’ to reduce 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 71713

seasonal NOX emissions in the form of 

a NOX cap and trade regulation, 25 Pa 

Code Chapters 121 and 123, based upon 

a model rule developed by the States in 

the Ozone Transport Region. That 

regulation was approved as a SIP 

revision on June 6, 2000 (65 FR 35842). 

Pennsylvania has also adopted 25 Pa 

Code Chapter 145 to satisfy Phase I of 

the NOX SIP call. That regulation was 

approved as a SIP revision on August 

21, 2001 (66 FR 43795). 

In evaluating the Commonwealth’s 

SIP revision, EPA has confirmed that 

the use of the MOBILE6 model has been 

properly conducted by the PADEP, that 

the MVEBs have been clearly identified 

in the maintenance plan, and that the 

amended maintenance plan for the 

Pittsburgh area continues to 

demonstrate modeling to demonstrate 

maintenance of the 1-hour NAAQS for 

ozone through 2011. Therefore, EPA has 

determined that the amendments to the 

Pittsburgh area’s maintenance plan for 

the 1-hour ozone NAAQS are 

approvable. 

IV. Final Action 

EPA is approving Pennsylvania’s 

April 22, 2004 SIP revision to amend 

the Pittsburgh area’s maintenance plan 

for the 1-hour ozone NAAQS to reflect 

the use of the updated MOBILE6 

emissions model. The revised 

maintenance plan for the PittsburghBeaver Valley area continues to 

demonstrate maintenance of the 1-hour 

NAAQS for ozone through 2011.

V. 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. 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 

(Pub. L. 104–4). This 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). 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 standard, 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 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 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 February 8, 2005. 

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 to 

approve a revision to the PittsburghBeaver Valley area’s maintenance plan 

for the 1-hour ozone NAAQS 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, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: November 24, 2004. 

Donald S. Welsh, 

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. Section 52.2020 is amended by 

adding paragraph (c)(226) to read as 

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * * 

(226) Revisions to Pennsylvania’s

1-hour ozone maintenance plan for the 

Pittsburgh-Beaver Valley area to revise 

the highway mobile emissions and the 

motor vehicle emission budgets to 

reflect the use of MOBILE6. These 

revisions were submitted by the 

Commonwealth of Pennsylvania’s 

Department of Environmental Protection 

on April 22, 2004. 

(i) Incorporation by reference. 

71714 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 

(A) Letter of April 22, 2004 from the 

Pennsylvania Department of 

Environmental Protection transmitting a 

revision to Pennsylvania’s 1-hour ozone 

maintenance plan for the PittsburghBeaver Valley area. 

(B) Document entitled, ‘‘Revision to 

the State Implementation Plan for the 

Pittsburgh-Beaver Valley Area—Revised 

Highway Vehicle Emissions Budgets’’

dated April, 2004. The document 

revises the Pittsburgh-Beaver Valley

1-hour ozone maintenance plan, 

establishing revised motor vehicle 

emission budgets of 74.03 tons/day of 

volatile organic compounds (VOC) and 

140.63 tons/day of nitrogen oxides 

(NOX) for 2004, 60.42 tons/day of VOC 

and 110.37 tons/day of NOX for 2007, 

and 45.68 tons/day of VOC and 77.09 

tons/day of NOX for 2011. 

(ii) Additional Material. Remainder of 

the Commonwealth’s April 22, 2004 

submittal pertaining to the revision 

listed in paragraph (c)(226)(i) of this 

section.

[FR Doc. 04–27167 Filed 12–9–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180

[OPP–2004–0392; FRL–7688–6] 

Multiple Chemicals; Extension of 

Tolerances for Emergency Exemptions

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation extends timelimited tolerances for the pesticides 

listed in Unit II. of the SUPPLEMENTARY

INFORMATION. These actions are in 

response to EPA’s granting of emergency 

exemptions under section 18 of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of these pesticides. Section 408(l)(6) 

of the Federal Food, Drug, and Cosmetic 

Act (FFDCA) requires EPA to establish 

a time-limited tolerance or exemption 

from the requirement for a tolerance for 

pesticide chemical residues in food that 

will result from the use of a pesticide 

under an emergency exemption granted 

by EPA.

DATES: This regulation is effective 

December 10, 2004. Objections and 

requests for hearings must be received 

on or before February 8, 2005.

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit III. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under Docket ID 

number OPP–2004–0392. All 

documents in the docket are listed in 

the EDOCKET index at http://

www.epa.gov/edocket. 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 EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 South Bell 

St., Arlington, VA. This docket facility 

is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805.

FOR FURTHER INFORMATION CONTACT: See 

the table in this unit for the name of a 

specific contact person. The following 

information applies to all contact 

persons: Emergency Response Team, 

Registration Division (7505C), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001.

Pesticide/CFR cite Contact person 

Azoxystrobin; 40 CFR 

180.507; 

Libby Pemberton 

Sec-18-Mailbox

@epamail.epa.gov

(703) 308–9364

Cypermethrin; 40 

CFR 180.418; 

Desmedipham; 

180.353; 

Diuron; 40 CFR 

180.106; 

Propiconazole; 40 

CFR 180.434;

Sodium chlorate 40 

CFR 180.1020

Myclobutanil; 180.443 Barbara Madden 

Sec-18-Mailbox

@epamail.epa.gov

(703) 305–6463

Sulfentrazone; 

180.498

Andrew Ertman 

Sec-18-Mailbox

@epamail.epa.gov

(703) 308–9367

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to:

∑ Crop production (NAICS 111)

∑ Animal production (NAICS 112)

∑ Food manufacturing (NAICS 311)

∑ Pesticide manufacturing (NAICS 

32532)

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT.

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information?

In addition to using EDOCKET (http:/

/www.epa.gov/edocket/), you may 

access this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available at E-CFR 

Beta Site Two at http://

www.gpoaccess.gov/ecfr/. 

II. Background and Statutory Findings

EPA published final rules in the 

Federal Register for each chemical/

commodity listed. The initial issuance 

of these final rules announced that EPA, 

on its own initiative, under section 408 

of the FFDCA, 21 U.S.C. 346a, as 

amended by the Food Quality Protection 

Act of 1996 (FQPA) (Public Law 104–

170) was establishing time-limited 

tolerances.

EPA established the tolerances 

because section 408(l)(6) of the FFDCA 

requires EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA under FIFRA section 18 . Such 

tolerances can be established without 

providing notice or time for public 

comment.

EPA received requests to extend the 

use of these chemicals for this year’s 

growing season. After having reviewed 

these submissions, EPA concurs that 

emergency conditions exist. EPA 

assessed the potential risks presented by 

residues for each chemical/commodity. 

In doing so, EPA considered the safety 

standard in section 408(b)(2) of the