Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 48323 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0058; FRL–9841–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Update of the Motor 

Vehicle Emissions Budgets for the 

Lancaster 1997 8-Hour Ozone 

Maintenance Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Commonwealth of Pennsylvania’s 

(Pennsylvania) State Implementation 

Plan (SIP). The revisions consist of an 

update to the SIP-approved Motor 

Vehicle Emissions Budgets (MVEBs) for 

nitrogen oxides (NOX) and volatile 

organic compounds (VOCs), and an 

updated point source inventory for NOX

and VOCs for the 1997 8-Hour Ozone 

National Ambient Air Quality Standard 

(NAAQS) SIP for Lancaster County 

(hereafter referred to as the ‘‘Lancaster 

Maintenance Area’’). EPA’s approval of 

the updated MVEBs makes them 

available for transportation conformity 

purposes. EPA is approving these 

revisions to the MVEBs and point 

source inventory in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on October 

7, 2013 without further notice, unless 

EPA receives adverse written comment 

by September 9, 2013. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0058 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–2013–0058, 

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–2013– 

0058. 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: 

I. Background 

On November 19, 2012, Pennsylvania 

submitted formal revisions to its SIP. 

One SIP revision consists of updated 

MVEBs for NOX and VOCs for the 1997 

8-Hour Ozone NAAQS. The other SIP 

revision updates the point source 

inventory for NOX and VOCs. 

On July 18, 1997 (62 FR 38856), EPA 

established the 1997 8-Hour Ozone 

NAAQS. On April 30, 2004 (69 FR 

23857), Lancaster County was 

designated as nonattainment for the 

1997 8-Hour Ozone NAAQS. On 

September 20, 2006, the Pennsylvania 

Department of Environmental Protection 

(DEP) submitted a SIP revision which 

consisted of a maintenance plan, a 2002 

base year inventory and MVEBs for 

transportation conformity purposes. On 

November 8, 2006, Pennsylvania DEP 

supplemented their September 20, 2006 

submittal. On July 6, 2007 (72 FR 

36889), EPA approved the SIP revision 

as well as the redesignation request 

made by Pennsylvania DEP and 

Lancaster County was redesignated as a 

maintenance area. 

The currently SIP-approved MVEBs 

for the Lancaster 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 

Motor Vehicle Emissions Simulator 

(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 

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 and which is used by 

Pennsylvania in this SIP revision. 

II. Summary of SIP Revision 

This MVEBs SIP revision updates the 

MVEBs for NOX and VOCs for the years 

2009 (interim year) and 2018 

(maintenance year) that were produced 

using the MOVES2010a model. The 

point source inventory SIP revision 

updates the point source inventory for 

NOX and VOCs. A comparison between 

the previous point source inventory and 

the updated point source inventory is 

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48324 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 

provided in Table 1. The previously 

approved MVEBs were produced using 

the Mobile Source Emission Factor 

Model (MOBILE6.2). A summary of the 

updated MOVES-based MVEBs and 

previously approved MOBILE6.2-based 

MVEBs for the years 2009 and 2018 is 

provided in Table 2. Even though there 

is an emissions increase in the MOVESbased 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 maintenance 

plan. Also, part of the update of the 

MVEBs is the addition of a two tons per 

day (tpd) safety margin for both NOX

and VOCs. The MVEBs that will be 

utilized for transportation conformity 

purposes and include the safety margins 

are presented in Table 3. These safety 

margins were added because emissions 

in the interim (2009) and maintenance 

(2018) years are significantly less than 

the attainment year emissions, which is 

the year that the Lancaster Maintenance 

Area attained the standard. A detailed 

summary of EPA’s review and rationale 

for proposing to approve this SIP 

revision may be found in the Technical 

Support Documents (TSDs) prepared in 

support of this proposed approval and 

are available on line at http:// 

www.regulations.gov, Docket number 

EPA–R03–OAR–2013–0058. 

TABLE 1—SUMMARY OF POINT SOURCE INVENTORY FOR THE LANCASTER MAINTENANCE AREA

Year 

Current Updated 

2009 2018 2009 2018 

VOCs (tpd) ....................................................................................................... 8.7 11 5.5 7.7

NOX (tpd) ......................................................................................................... 4.1 4.6 3.2 3.6 

TABLE 2—SUMMARY OF MOTOR VEHICLE EMISSIONS FOR THE LANCASTER MAINTENANCE AREA

Model MOBILE6.2 MOVES2010a 

Year 2009 2018 2009 2018 

VOCs (tpd) ....................................................................................................... 14.33 7.77 14.29 8.14 

NOX (tpd) ......................................................................................................... 22.32 8.99 33.18 18.57 

TABLE 3—UPDATED MVEBS FOR THE

LANCASTER MAINTENANCE AREA

Year 2009 2018 

VOCs (tpd) ........................ 35.18 14.29 

NOX (tpd) .......................... 20.57 10.14 

III. Final Action 

EPA is approving Pennsylvania’s SIP 

revision from November 19, 2012 to 

update the SIP-approved MVEBs for the 

Lancaster County Maintenance Area to 

reflect the use of the MOVES model. 

EPA is also approving the update to the 

SIP-approved point source inventory. 

This SIP revision allows the Lancaster 

County Maintenance Area to continue to 

be in attainment of the 1997 8-Hour 

Ozone NAAQS. The updated MVEBs 

meet the adequacy requirements set 

forth in 40 CFR 93.118(e)(4)(i)-(vi), and 

have been correctly calculated to reflect 

the use of the MOVES model. Upon 

final approval, these updated MVEBs 

will be both adequate and SIP-approved 

for purposes of transportation 

conformity. EPA is publishing this rule 

without prior proposal because EPA 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on October 7, 2013 without 

further notice unless EPA receives 

adverse comment by September 9, 2013. 

If EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 48325 

In addition, this rule 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. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 7, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. 

This action pertaining to the update of 

the SIP-approved MVEBs and point 

source inventory for the Lancaster 

Maintenance Area 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, 

Volatile organic compounds. 

Dated: July 18, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 revising the entry 

for the 8-Hour Ozone Maintenance Plan 

and 2002 Base Year Emissions 

Inventory. The revised text reads 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.

Lancaster Area (Lancaster 

County).

9/20/06, 11/8/06 7/6/07, 72 FR 36889 ............

11/29/12 8/8/13 [Insert page number 

where the document begins].

Revised 2009 and 2018 

Motor Vehicle Emission 

Budgets. Revised 2009 

and 2018 point source inventory. See sections 

52.2043 and 52.2052. 

*******

■ 3. Section 52.2043 is added to read as 

follows: 

§ 52.2043 Control strategy for 

maintenance plans: ozone. 

As of August 8, 2013, EPA approves 

the following revised 2009 and 2018 

point source inventory for nitrogen 

oxides (NOX) and volatile organic 

compounds (VOCs) for the Lancaster 

1997 8-Hour Ozone Maintenance Area 

submitted by the Secretary of the 

Pennsylvania Department of 

Environmental Protection: 

Applicable geographic area Year Tons per day 

NOX

Tons per day 

VOCs 

Lancaster 1997 8-Hour Ozone Maintenance Area ..................................................................... 2009 3.2 5.5 

Lancaster 1997 8-Hour Ozone Maintenance Area ..................................................................... 2018 3.6 7.7 

■ 4. Section 52.2052 is added to read as 

follows: 

§ 52.2052 Motor vehicle emissions 

budgets for Pennsylvania ozone areas. 

As of August 8, 2013, EPA approves 

the following revised 2009 and 2018 

Motor Vehicle Emissions Budgets 

(MVEBs) for nitrogen oxides (NOX) and 

volatile organic compounds (VOCs) for 

the Lancaster 1997 8-Hour Ozone 

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48326 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 

1 78 FR 8083. 

2As explained in our proposal, this disapproval 

is ‘‘partial’’ rather than ‘‘full’’ because EPA 

previously approved certain burning and smoke 

management rules that were part of the 2008 SIP 

submittal. 

3Letter from Stephen A. Owens, ADEQ, to Wayne 

Nastri, EPA, December 24, 2008 (‘‘re-submittal 

letter’’). 

4 Id. at 1. 

Maintenance Area submitted by the 

Secretary of the Pennsylvania 

Department of Environmental 

Protection: 

Applicable geographic area Year Tons per day 

NOX

Tons per day 

VOCs 

Lancaster 1997 8-Hour Ozone Maintenance Area ..................................................................... 2009 20.57 35.18 

Lancaster 1997 8-Hour Ozone Maintenance Area ..................................................................... 2018 10.14 14.29 

[FR Doc. 2013–18878 Filed 8–7–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0913; FRL–9843–7] 

Partial Disapproval of State 

Implementation Plan; Arizona; 

Regional Haze Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a partial 

disapproval of the Arizona State 

Implementation Plan (SIP) to implement 

the regional haze program for the first 

planning period through 2018. Regional 

haze is caused by emissions of air 

pollutants from numerous sources 

located over a broad geographic area. 

The Clean Air Act (‘‘CAA’’ or the ‘‘Act’’) 

and EPA’s regulations require states to 

adopt and submit to EPA SIPs that 

assure reasonable progress toward the 

national goal of achieving natural 

visibility conditions in 156 national 

parks and wilderness areas designated 

as Class I areas. 

DATES: Effective Date: This rule is 

effective on September 9, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0913 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., confidential business information). 

To inspect the hard copy materials, 

please schedule an appointment during 

normal business hours with the contact 

listed directly below. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Webb, U.S. EPA, Region 9, 

Planning Office, Air Division, Air–2, 75 

Hawthorne Street, San Francisco, CA 

94105. Thomas Webb can be reached at 

telephone number (415) 947–4139 and 

via electronic mail at 

webb.thomas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Overview of Proposed Action 

II. Public Comments and EPA Responses 

III. Summary of Final Action 

IV. Statutory and Executive Order Reviews 

I. Overview of Proposed Action 

We proposed on February 5, 2013, to 

disapprove Arizona’s SIP to implement 

the regional haze program under 40 CFR 

51.309.1 Specifically, we proposed to 

disapprove in part a December 24, 2008, 

submittal by the Arizona Department of 

Environmental Quality (ADEQ) in 

which the State resubmitted materials 

previously submitted on December 23, 

2003, and December 30, 2004 

(collectively ‘‘Arizona’s 309 Regional 

Haze SIP’’).2 These SIP submittals were 

intended to address the regional haze 

requirements of the CAA and EPA’s 

implementing regulations at 40 CFR 

51.309 for four of Arizona’s mandatory 

Class I areas. Our proposed rule 

includes additional information about 

these requirements and Arizona’s SIP 

submittals. 

II. Public Comments and EPA 

Responses 

During the 30-day comment period on 

our proposal, we received comments 

from: 

• Eric Massey, Director Air Quality, 

ADEQ; and 

• David Nimkin, Gloria Smith, 

Barbara Warren, Donna House and Dan 

Randolph, on behalf of National Parks 

Conservation Association, Sierra Club, 

Physicians for Social Responsibility 

(Arizona Chapter), Dine’ Citizens 

Against Ruining Our Environment, and 

San Juan Citizens Alliance (collectively, 

the ‘‘Conservation Organizations’’). 

We carefully considered these 

comments, which are located in the 

docket for this action. In the following 

sections, we provide summaries of and 

our responses to these comments. 

Comment 1: ADEQ commented that 

its December 24, 2008, ‘‘re-submittal’’ 

letter was not a revision to Arizona’s 

309 Regional Haze SIP because it did 

not include new information and was 

not subject to a formal public comment 

period. ADEQ further asserted that its 

2003 and 2004 SIP submittals were 

deemed complete by operation of law 

six months after submission, pursuant 

to CAA section 110(k)(1)(B), and that 

EPA should have acted on these 

submittals within 18 months pursuant 

to CAA section 110(k)(2). 

Response 1: As an initial matter, 

ADEQ’s comment appears to have no 

relevance to the substance of EPA’s 

proposed action. Regardless of whether 

ADEQ’s December 24, 2008, resubmittal letter was a SIP revision or 

merely a request that EPA act upon 

ADEQ’s 2003 and 2004 SIP submittals, 

the fact remains that Arizona’s 309 

Regional Haze SIP does not satisfy the 

requirements of 40 CFR 51.309(d)(4) and 

is therefore not approvable. We also 

note that ADEQ’s comment appears to 

contradict the statements made in the 

December 24, 2008, re-submittal letter 

itself.3 The re-submittal letter states 

that: 

Plan submittal is consistent with the 

provisions of Arizona Revised Statutes (ARS) 

Title 49, §§ 49– 104, 49– 06, 49–404,49–406, 

49–414, and 49–414.0 1 and the Code of 

Federal Regulations (CFR) Title 40, 

§§ 51.102–51.104. The plan also complies 

with the public process requirements in 

Section 110(a)(l) and (a)(2) of the Clean Air 

Act; 40 CFR 51.102 regarding preparation, 

notice, and submission of state 

implementation plans; and Arizona Revised 

Statutes 49–425 regarding notice and [public] 

review of rules.4

Consistent with these statements 

regarding public process, EPA viewed 

the re-submittal letter as a SIP revision. 

However, if Arizona did not intend for 

the letter to be a SIP revision, then we 

construe it as a withdrawal of those 

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