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[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Rules and Regulations]
[Pages 6559-6561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2604]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0552; FRL-9262-7 ]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; 2002 Base Year Emissions Inventory, Reasonable Further 
Progress Plan, Contingency Measures, Reasonably Available Control 
Measures, and Transportation Conformity Budgets for the Pennsylvania 
Portion of the Philadelphia-Wilmington-Atlantic City 1997 8-Hour 
Moderate Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. The revision being 
approved contains a 2002 base year emissions inventory, a reasonable 
further progress (RFP) plan, RFP contingency measures demonstration, 
and reasonably available control measure (RACM) demonstration for the 
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City 
moderate 1997 8-hour ozone nonattainment area. This rulemaking applies 
only to the Pennsylvania portion of this multi-state nonattainment 
area--an area that also lies in part in New Jersey, Maryland, and 
Delaware. EPA is simultaneously approving transportation conformity 
motor vehicle emissions budgets (MVEBs) associated with this same SIP 
revision. EPA is approving this SIP revision because it satisfies Clean 
Air Act (CAA) requirements for the 2002 emissions inventory, RFP, RACM, 
RFP contingency measures, and transportation conformity requirements--
as defined by the CAA for areas classified as moderate nonattainment 
for the 1997 8-hour ozone national ambient air quality standard 
(NAAQS). EPA is approving the SIP revision in accordance with the 
requirements of the CAA and EPA regulations.

DATES: This final rule is effective on March 9, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2010-0552. 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: Brian Rehn, (215) 814-2176, or by e-
mail at rehn.brian@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On November 5, 2010 (75 FR 68251), EPA published a 
notice of proposed rulemaking (or proposed rulemaking) for the 
Commonwealth of Pennsylvania. The notice of proposed rulemaking 
proposed EPA's approval of Pennsylvania's 2002 base year emissions 
inventory, RFP plan, RFP contingency measures, RACM, and MVEBs for the 
Commonwealth's portion of the Philadelphia-Wilmington-Atlantic City 
moderate 1997 8-hour ozone nonattainment area. EPA is approving the SIP 
revision because it satisfies the emissions inventory, RFP, RACM, RFP 
contingency measures, and transportation conformity requirements

[[Page 6560]]

of section 110 and part D of the CAA and associated EPA regulations. 
This SIP revision was formally submitted by the Pennsylvania Department 
of Environmental Protection (PA DEP) on August 29, 2007, and was 
formally amended by PA DEP on December 10, 2009 and again on April 12, 
2010.

II. Summary of SIP Revision

    The SIP revision (and subsequent SIP amendments) address the 
emissions inventory, RFP, RACM, and RFP contingency measures 
requirements for the 1997 8-hour ozone NAAQS for the Pennsylvania 
portion of the Philadelphia-Wilmington-Atlantic City 8-hour ozone 
moderate nonattainment area. The SIP revision also establishes MVEBs 
for 2008. Other specific requirements of Pennsylvania's August 29, 2007 
SIP revision (as amended in December 2009 and April 2010) for the 
Philadelphia-Wilmington-Atlantic City 8-hour ozone nonattainment area 
and EPA's rationale for our proposed action are explained in the 
November 5, 2010 proposed rulemaking and will not be restated here. A 
more detailed description of the August 2007 SIP revision, as well as 
the substance of each of the subsequent SIP amendments is discussed in 
detail in EPA's November 5, 2010 proposed rulemaking. No public 
comments were received on EPA's November 2010 proposed rulemaking.

III. Final Action

    EPA is approving the 2002 base year emissions inventory; the 2008 
ozone projected emission inventory; the 2008 RFP plan; RFP contingency 
measures; RACM analysis; and 2008 transportation conformity budgets for 
the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City 
8-hour ozone nonattainment area, contained in Pennsylvania's August 29, 
2007 SIP revision (as formally amended by Pennsylvania in December 2009 
and April 2010) for the Philadelphia-Wilmington-Atlantic City 8-hour 
ozone nonattainment area. The SIP revision satisfies the requirements 
for 1997 8-hour ozone NAAQS nonattainment areas classified as moderate 
and demonstrates reasonable further progress in reducing ozone 
precursors.

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).
    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 April 8, 2011. 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.
    This action to approve the emission inventory, RFP demonstration, 
RACM determination, RFP contingency measures, and MVEBs 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: January 24, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by 
adding, at the end of the table, entries for ``Reasonable Further 
Progress Plan (RFP), Reasonably Available Control Measures, and RFP 
Contingency Measures''; 2002 Base Year Emissions Inventory for Volatile 
Organic Compounds (VOC), Nitrogen Oxides (NOX), and Carbon 
Monoxide (CO)''; and ``2008 RFP Transportation Conformity Motor Vehicle 
Emission Budgets'' to read as follows:

[[Page 6561]]

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable      State submittal                            Additional
            revision              geographic area          date        EPA approval date        explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reasonable Further Progress      Pennsylvania       8/29/07, 12/10/    2/7/11 [Insert
 Plan (RFP), Reasonably           portion of the     09, 4/12/10).      page number
 Available Control Measures,      Philadelphia-                         where the
 and RFP Contingency Measures.    Wilmington-                           document begins].
                                  Atlantic City,
                                  PA-DE-MD-NJ 1997
                                  8-hour ozone
                                  moderate
                                  nonattainment
                                  area.
2002 Base Year Emissions         Pennsylvania       8/29/07, 12/10/    2/7/11 [Insert
 Inventory for Volatile Organic   portion of the     09, 4/12/10.       page number
 Compounds (VOC), Nitrogen        Philadelphia-                         where the
 Oxides (NOX), and Carbon         Wilmington-                           document begins].
 Monoxide (CO).                   Atlantic City,
                                  PA-DE-MD-NJ 1997
                                  8-hour ozone
                                  moderate
                                  nonattainment
                                  area.
2008 RFP Transportation          Pennsylvania       8/29/07, 12/10/    2/7/11 [Insert
 Conformity Motor Vehicle         portion of the     09, 4/12/10.       page number
 Emission Budgets.                Philadelphia-                         where the
                                  Wilmington-                           document begins].
                                  Atlantic City,
                                  PA-DE-MD-NJ 1997
                                  8-hour ozone
                                  moderate
                                  nonattainment
                                  area.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2036 is amended by revising the section heading and by 
adding paragraph (o) to read as follows:

Sec.  52.2036  Base Year Emissions Inventory.

* * * * *
    (o) EPA approves as a revision to the Pennsylvania State 
Implementation Plan the 2002 base year emissions inventories for the 
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA-
DE-MD-NJ 1997 8-hour ozone moderate nonattainment area submitted by the 
Secretary of the Pennsylvania Department of Environmental Protection on 
August 29, 2007 (as formally amended by Pennsylvania on December 10, 
2009 and on April 12, 2010). This submittal consists of the 2002 base 
year point, area, non-road mobile, and on-road mobile source emission 
inventories for this area, for the following pollutants: Volatile 
organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides 
(NOX).

0
4. Section 52.2037 is amended by adding paragraphs (o) and (p) to read 
as follows:

Sec.  52.2037  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (o) EPA approves revisions to the Pennsylvania State Implementation 
Plan consisting of the 2008 reasonable further progress (RFP) plan, 
reasonably available control measure demonstration, and contingency 
measures for the Pennsylvania portion of the Philadelphia-Wilmington-
Atlantic City, PA-DE-MD-NJ 1997 8-hour ozone moderate nonattainment 
area submitted by the Secretary of the Pennsylvania Department of 
Environmental Protection on August 29, 2007 (as formally amended by 
Pennsylvania on December 10, 2009 and April 12, 2010).
    (p) EPA approves the following 2008 RFP motor vehicle emissions 
budgets (MVEBs) for the Pennsylvania portion of the Philadelphia-
Wilmington-Atlantic City, PA-DE-MD-NJ 1997 8-hour ozone moderate 
nonattainment area submitted by the Secretary of the Pennsylvania 
Department of Environmental Protection on August 29, 2007 (as formally 
amended by Pennsylvania on December 10, 2009):

Transportation Conformity Emissions Budgets for the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic
                                             City, PA-DE-MD-NJ Area
----------------------------------------------------------------------------------------------------------------
                                                                                           Effective date of
   Type of control strategy SIP           Year          VOC (TPD)        NOX (TPD)     adequacy determination or
                                                                                              SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan.............            2008            61.09           108.78   January 5, 2009 (73 FR
                                                                                        77682), published
                                                                                        December 19, 2008.
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[FR Doc. 2011-2604 Filed 2-4-11; 8:45 am]
BILLING CODE 6560-50-P
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