40746 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Rules and Regulations 

recordations. This document makes 

non–substantial corrections to errors 

contained in the interim regulations. 

List of Subjects in 37 CFR Part 202 

Claims, Copyright, Registration 

requirements. 

■ In consideration of the foregoing, the 

Copyright Office corrects part 202 of 37 

CFR by making the following correcting 

amendments: 

PART 202 –– REGISTRATION OF 

CLAIMS TO COPYRIGHT 

■ 1. The authority citation for part 202 

continues to read as follows: 

Authority: 17 U.S.C. 702. 

■ 2. Amend § 202.3 as follows: 

■ a. By removing ‘‘(b)(3)’’ and adding 

‘‘(b)(4)’’ in paragraph (b)(1)(iv); 

■ b. By removing ‘‘(b)(3) through (b)(8)’’

and adding ‘‘(b)(4) through (b)(10)’’ in 

paragraph (b)(4)(ii); 

■ c. By removing ‘‘(b)(7)’’ and adding 

‘‘(b)(8)’’ in paragraph (b)(8)(ii); 

■ d. By removing ‘‘(b)(7)(i)(E)’’ and 

adding ‘‘(b)(8)(i)(E)’’ in paragraph 

(b)(8)(ii)(C); and 

■ e. By removing ‘‘(b)(9)(iv)’’ and adding 

‘‘(b)(10)(iv)’’ in paragraph (b)(10)(vi); 

and 

■ f. By adding the footnote designation 

‘‘6’’ after ‘‘and § 202.20.’’ in paragraph 

(c)(2); and by adding footnote 6 to read 

as follows: 

§ 202.3 Registration of copyright. 

* * * * * 

6In the case of applications for group 

registration of newspapers, 

contributions to periodicals, and 

newsletters, under paragraphs (b)(7), 

(b)(8), and (b)(9) of this section, the 

deposits shall comply with the deposits 

specified in the respective paragraphs, 

and the fees with those specified in 

§ 201.3. 

§ 202.20 [Amended] 

■ 3. Amend § 202.20 as follows: 

■ a. By removing ‘‘(b)(2)(vi)’’ and adding 

‘‘(b)(2)(vii)’’ in paragraph (b)(2)(i); and 

■ b. By removing ‘‘(b)(2)(iii) through 

(vi)’’ and adding ‘‘(b)(2)(iv) through 

(vii)’’ in paragraph (b)(2)(ii). 

Dated: July 20, 2007 

Maria Pallante, 

Deputy General Counsel 

[FR Doc. E7–14372 Filed 7–24–07; 8:45 am] 

BILLING CODE 1410–33–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2007–0174; FRL–8445–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Attainment 

Determination, Redesignation of the 

Franklin 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. 

SUMMARY: EPA is approving a 

redesignation request and State 

Implementation Plan (SIP) revisions 

submitted by the Commonwealth of 

Pennsylvania. The Pennsylvania 

Department of Environmental Protection 

(PADEP) is requesting that the Franklin 

County nonattainment area (‘‘Franklin 

County Area’’ or ‘‘Area’’) be 

redesignated as attainment for the 8- 

hour ozone national ambient air quality 

standard (NAAQS). In conjunction with 

its redesignation request, the PADEP 

submitted SIP revisions consisting of a 

maintenance plan for the Franklin 

County 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 Franklin County 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 

Franklin County 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 baseyear 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 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–2007–0174. 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 

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: 

Christopher Cripps, (215) 814–2179, or 

by e-mail at cripps.christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 30, 2007 (72 FR 29914), 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 Franklin 

County 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 December 

14, 2006. Other specific requirements of 

Pennsylvania’s redesignation request 

and 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. 

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 

(DC 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 DC 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 


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Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Rules and Regulations 40747 

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 

nonattainment 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 antibacksliding 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 antibacksliding purposes. 

For the reasons set forth in the May 

30, 2007 (72 FR 29914) proposed 

rulemaking, 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 the Franklin County 

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 the May 30, 2007 (72 FR 29914) 

proposed rulemaking, EPA proposed to 

find that the Franklin County 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 

Franklin County Area satisfied the 

requirements under either scenario, EPA 

is proceeding to finalize the 

redesignation and to conclude that the 

Franklin County 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 antibacksliding 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 Franklin County 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 Franklin County Area’s 

classification for the 1-hour ozone 

NAAQS, as well as the four additional 

anti-backsliding provisions identified by 

the Court, or alternatively, 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 

continue to 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 antibacksliding purposes. 

II. Final Actions 

EPA is approving the Commonwealth 

of Pennsylvania’s redesignation request, 

maintenance plan, and the 2002 baseyear emissions inventory because the 

requirements for approval have been 

satisfied. EPA has evaluated 

Pennsylvania’s redesignation request 

that was submitted on December 14, 

2006, 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 

Franklin County Area has attained the 

8-hour ozone standard. The final 

approval of this redesignation request 

will change the designation of the 

Franklin County Area from 

nonattainment to attainment for the 8- 

hour ozone standard. EPA is approving 

the maintenance plan for the Franklin 

County Area submitted on December 14, 

2006 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 

submitted by PADEP on December 14, 

2006 as a revision to the Pennsylvania 

SIP. In this final rulemaking, EPA is 

notifying the public that we have found 

that the MVEBs for nitrogen oxides 

(NOX) and volatile organic compounds 

(VOCs) in the Franklin County Area for 

the 8-hour ozone maintenance plan are 

adequate and approved for conformity 

purposes. As a result of our finding, the 

Franklin County 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)—ROUNDED

UPWARD TO ONE DECIMAL PLACE

Budget year NOX VOC 

2009 .................................. 12.7 7.3 

2018 .................................. 6.7 5.1 

With respect to the 1-hour ozone 

NAAQS, EPA has determined pursuant 

to section 181(b)(2) of the CAA that the 

Franklin County Area has attained the 

1-hour NAAQS for ozone. On the basis 

of this determination, EPA is also 

determining that the following 

nonattainment area requirements of part 

D to Title 1 of the CAA are not 

applicable to the Franklin County Area 

for so long as it continues to attain the 

1-hour NAAQS for ozone: The 

requirements of section 172(c)(1) 

concerning the submission of the ozone 

attainment demonstration and 

reasonably available control measure 

requirements, the requirements of 

section 172(c)(2) concerning reasonable 

further progress (RFP), and the 

requirements of section 172(c)(9) 

concerning contingency measures for 

RFP or attainment. If a violation of the 

1-hour ozone NAAQS is monitored in 

the Franklin County 1-hour ozone 

nonattainment area, these 

determinations shall no longer apply. 

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 


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40748 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Rules and Regulations 

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 

(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). 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 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 Franklin County 

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 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 § 52.2020, the table in paragraph 

(e)(1) is amended by adding an entry for 

the 8-hour Ozone Maintenance Plan and 

the 2002 Base Year Emissions Inventory 

for the Franklin County, Pennsylvania 

Area at the end of the table to read as 

follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP revision Applicable geographic area State submittal 

date EPA approval date Additional explanation 

* * * * * * * 

8-Hour Ozone Maintenance Plan 

and 2002 Base Year Emissions 

Inventory.

Franklin County Area (Franklin 

County).

9/20/06, 

11/08/06 

7/25/07 [Insert page number where 

the document begins].


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Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Rules and Regulations 40749 

■ 3. Section 52.2037 is amended by 

adding paragraph (m) to read: 

§ 52.2037 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(m) Determination—EPA has 

determined that, as of July 25, 2007, the 

Franklin County ozone nonattainment 

area has attained the 1-hour ozone 

standard and that the following 

requirements of section 172(c)(2) of the 

Clean Air Act do not apply to this area 

for so long as the area does not monitor 

any violations of the 1-hour ozone 

standard of 40 CFR 50.9: the attainment 

demonstration and reasonably available 

control measure requirements of section 

172(b)(1), the reasonable further 

progress requirement of section 

172(b)(2), and the related contingency 

requirements of section 172(c)(9). If a 

violation of the 1-hour ozone NAAQS is 

monitored in the Franklin County 1- 

hour ozone nonattainment area, these 

determinations shall no longer apply. 

PART 81—[AMENDED] 

■ 4. The authority citation for part 81 

continues to read as follows: 

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

■ 5. In § 81.339, the table entitled 

‘‘Pennsylvania-Ozone (8-Hour 

Standard)’’ is amended by revising the 

entry for the Franklin County, PA Area 

to read as follows: 

§ 81.339 Pennsylvania 

* * * * * 

PENNSYLVANIA—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Franklin Co., PA: 

Franklin County .............................. July 25, 2007 ................................. Attainment .................

* * * * * * * 

a Includes Indian County located in each county or area, except otherwise noted. 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * 

[FR Doc. 07–3631 Filed 7–24–07; 8:45 am] 

BILLING CODE 6560–50–P 

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. 


jlentini on PROD1PC65 with RULES