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. 


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40750 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Rules and Regulations 

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 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 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, antibacksliding 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 antibacksliding purposes. 

II. Final Action 

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 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) 


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Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Rules and Regulations 40751 

TABLE 1.—MOTOR VEHICLE EMISSIONS BUDGETS IN KILOGRAMS PER DAY (TONS PER DAY—ROUNDED)—Continued 

Year VOC NOX

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 preexisting 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. 

■ 40 CFR part 52 is amended as follows: 


jlentini on PROD1PC65 with RULES
40752 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Rules and Regulations 

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 

2002 Base Year Emissions Inventory for 

the Harrisburg-Lebanon-Carlisle, 

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.

Harrisburg-Lebanon-Carlisle, PA: 

Cumberland County, Dauphin 

County, Lebanon County, Perry 

County.

03/27/07 07/25/07 [Insert page number 

where the document begins].

PART 81—[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.339, the table entitled 

‘‘Pennsylvania-Ozone (8-Hour 

Standard)’’ is amended by revising the 

entry for the Harrisburg-LebanonCarlisle, Pennsylvania 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 

* * * * * * * 

Harrisburg-Lebanon-Carlisle PA: 

Cumberland County, Dauphin 

County, Lebanon County, Perry 

County.

07/25/07 ......................................... 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. 07–3632 Filed 7–24–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2006–0913; FRL–8134–3] 

Bacillus thuringiensis Vip3Aa19 

Protein in Cotton; Exemption from the 

Requirements of a Tolerance; 

Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA issued a direct final rule 

in the Federal Register of April 25, 2007 

(72 FR 20431), concerning plantincorporated protectant tolerance 

exemptions. On May 9, 2007 EPA issued 

a final rule revising the tolerance 

exemption for Bacillus thuringeniensis 

Vip3Aa19 in cotton. This technical 

amendment is being issued to clarify the 

status and the wording of the tolerance 

exemption for Bacillus thuringeniensis 

Vip3Aa19 in cotton. 

DATES: This final rule is effective July 

25, 2007. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2006–0913. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., 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 in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Drive Arlington, VA. The hours 

of operation of this Docket Facility are 

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: 

Alan Reynolds, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington 

DC 20460–0001; telephone number: 

(703) 605–0515, e-mail address: 

reynolds.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 


jlentini on PROD1PC65 with RULES