Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 17875 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0589; FRL–9908–50– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Update of the Motor 

Vehicle Emissions Budgets for the 

Reading 1997 Eight-Hour Ozone 

National Ambient Air Quality Standard 

Maintenance Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (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) for the 1997 

Eight-Hour Ozone National Ambient Air 

Quality Standard (NAAQS) SIP for 

Berks County (Reading Maintenance 

Area). The SIP revision also includes 

updated point and area source 

inventories for NOX. This rulemaking 

action proposes to approve the updated 

MVEBs and thereby make them 

available for transportation conformity 

purposes. EPA is approving these 

revisions to the MVEBs and point and 

area source inventories in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This rule is effective on May 30, 

2014 without further notice, unless EPA 

receives adverse written comment by 

April 30, 2014. 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–2013–0589 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–2013–0589, 

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– 

0589. 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 July 22, 2013, Pennsylvania 

submitted a formal revision to its SIP. 

The SIP revision consists of updated 

MVEBs for NOX for the 1997 Eight-Hour 

Ozone NAAQS. The SIP revision also 

includes updated point and area source 

inventories for NOX. 

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

established the 1997 Eight-Hour Ozone 

NAAQS. On April 30, 2004 (69 FR 

23858), Berks County was designated as 

nonattainment for the 1997 Eight-Hour 

Ozone NAAQS. On January 25, 2007, 

the Pennsylvania Department of 

Environmental Protection (PADEP) 

submitted a SIP revision which 

consisted of a maintenance plan, a 2002 

base year inventory and MVEBs for 

transportation conformity purposes. On 

August 24, 2007 (72 FR 48559), EPA 

approved the SIP revision as well as the 

redesignation request made by PADEP. 

Berks County was redesignated as a 

maintenance area. 

The currently SIP-approved MVEBs 

for the Reading Maintenance 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 SIP revision includes an update 

to the MVEBs for NOX for the years 2009 

(interim year) and 2018 (maintenance 

year) that were produced using the 

MOVES2010a model. This SIP revision 

also includes an update to the point and 

area source inventories for NOX. The 

MVEBs, as well as the point and area 

source inventories, were not updated for 


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17876 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 

volatile organic compounds (VOCs), 

therefore providing information about 

VOCs in the tables below is not 

applicable (N/A). A comparison 

between the previous point source 

inventory and the updated point source 

inventory is provided in Table 1. 

(Summary of Point Source Inventory). A 

comparison between the previous area 

source inventory and the updated area 

source inventory is provided in Table 2. 

(Summary of Area Source Inventory). 

The previously approved MVEBs were 

produced using the Mobile Source 

Emission Factor Model (MOBILE6.2). A 

summary of the updated MOVES-based 

emissions and previously approved 

MOBILE6.2-based emissions for the 

years 2004, 2009, and 2018 is provided 

in Table 3. (Summary of Motor Vehicle 

Emissions). Even though there is an 

emissions increase in the MOVES-based 

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 2 ton per day 

(tpd) safety margin for NOX. The MVEBs 

that will be utilized for transportation 

conformity purposes and include the 

safety margins are presented in Table 4. 

(Updated MVEBs). 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 Reading 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 rulemaking 

action and are available on line at 

http://www.regulations.gov, Docket 

number EPA–R03–OAR–2013–0589. 

TABLE 1—SUMMARY OF POINT

SOURCE INVENTORY IN TPD 

Year 

Current Updated 

2009 2018 2009 2018 

NOX .......... 16.8 19.2 11.5 12.6 

TABLE 2—SUMMARY OF AREA SOURCE

INVENTORY IN TPD 

Year 

Current Updated 

2009 2018 2009 2018 

NOX .......... 2.2 2.3 2.3 2.1 

TABLE 3—SUMMARY OF MOTOR VEHICLE EMISSIONS IN TPD 

Model MOBILE6.2 MOVES2010a 

Year 2004 2009 2018 2004 2009 2018 

VOCs ........................................................................................................ 17.0 12.1 6.5 N/A N/A N/A 

NOX .......................................................................................................... 29.8 20.7 8.4 34.4 27.0 12.9 

TABLE 4—UPDATED MVEBS IN TPD 

Year 2009 2018 

VOCs ........................ N/A N/A 

NOX .......................... 29.0 14.9 

III. Final Action 

EPA is approving Pennsylvania’s SIP 

revision request from July 22, 2013 to 

update the SIP-approved MVEBs for the 

Reading Maintenance Area to reflect the 

use of the MOVES model. EPA is also 

proposing to approve the update to the 

SIP-approved point and area source 

inventories. EPA is approving this SIP 

revision because it will allow the 

Reading Maintenance Area to continue 

to be in attainment of the 1997 EightHour Ozone NAAQS, and our in depth 

review of the SIP revision leads EPA to 

conclude that the updated MVEBs meet 

the adequacy requirements set forth in 

40 CFR 93.118(e)(4)(i)–(vi), and the 

updated MVEBs have been correctly 

calculated to reflect the use of the 

MOVES model. As a result of EPA’s 

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 May 

30, 2014 without further notice unless 

EPA receives adverse comment by April 

30, 2014. 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. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

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); 


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Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 17877 

• 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 May 30, 2014. 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 

rulemaking action pertaining to the 

update of the SIP-approved MVEBs and 

point and area source inventories for the 

Reading 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: March 7, 2014. 

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 

for Reading Area (Berks County). 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.

Reading Area (Berks County) ....... 1/25/07 8/24/07 .............

72 FR 41906 

Correction Notice published 1/14/

08, 73 FR 2162. 

7/22/13 3/31/14 [Insert 

page number 

where the 

document begins].

Revised 2009 and 2018 Motor Vehicle Emission Budgets. Revised 2009 and 2018 point and 

area source inventories. See 

sections 52.2043 and 52.2052. 

*******

* * * * * 

■ 3. Section 52.2043 is amended by 

designating the existing paragraph as (a) 

and adding paragraph (b) to read as 

follows: 

§ 52.2043 Control strategy for 

maintenance plans: ozone. 

* * * * * 

(b)(1) As of March 31, 2014, EPA 

approves the following revised 2009 and 

2018 point source inventory for nitrogen 

oxides (NOX) for the Reading 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

Reading 1997 8-Hour 

Ozone Maintenance 

Area ........................... 2009 11.5 

Reading 1997 8-Hour 

Ozone Maintenance 

Area ........................... 2018 12.6 

(2) As of March 31, 2014, EPA 

approves the following revised 2009 and 

2018 area source inventory for nitrogen 

oxides (NOX) for the Reading 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

Reading 1997 8-Hour 

Ozone Maintenance 

Area ........................... 2009 2.3 

Reading 1997 8-Hour 

Ozone Maintenance 

Area ........................... 2018 2.1 


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17878 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 

■ 4. Section 52.2052 is amended by 

designating the existing paragraph as (a) 

and adding paragraph (b) to read as 

follows: 

§ 52.2052 Motor vehicle emissions 

budgets for Pennsylvania ozone areas. 

* * * * * 

As of March 31, 2014, EPA approves 

the following revised 2009 and 2018 

Motor Vehicle Emissions Budgets 

(MVEBs) for nitrogen oxides (NOX) for 

the Reading 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

Reading 1997 8-Hour 

Ozone Maintenance 

Area ........................... 2009 29.0 

Reading 1997 8-Hour 

Ozone Maintenance 

Area ........................... 2018 14.9 

[FR Doc. 2014–06671 Filed 3–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0576; FRL–9904–75– 

Region 9] 

Revisions to the Arizona State 

Implementation Plan, Maricopa County 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

revisions to the Maricopa County Area 

portion of the Arizona State 

Implementation Plan (SIP). This action 

was proposed in the Federal Register on 

August 23, 2013 and concerns 

particulate matter (PM) emissions from 

fugitive dust sources. We are approving 

local statutes that regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). 

DATES: This rule is effective on April 30, 

2014. 

ADDRESSES: EPA has established docket 

number EPA–OAR–2013–0576 for this 

action. Generally, documents in the 

docket for this action are available 

electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 23, 2013 (78 FR 52485), 

EPA proposed to approve the following 

statutes into the Arizona SIP. 

TABLE 1—SUBMITTED STATUTES

Arizona statute Statute title Signed Submitted Revised 

submittal 

9–500.27 .......... Off-road vehicle ordinance; applicability; violation; classification (A, 

B, and C only).

July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

11–871 ............. Emissions control; no burn; exemptions; penalty (A and B only) ....... July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

28–1098 ........... Vehicle loads; restrictions; civil penalties (A.1–3) ............................... July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

49–457.03 ........ Off-road vehicles; pollution advisory days; applicability; penalties (A 

and B only).

July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

49–457.04 ........ Off-highway vehicle and all-terrain vehicle dealers; informational material; outreach; applicability.July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

49–501 ............. Unlawful open burning; exceptions; fine; definition (A.2, B.1, C, and 

F only).

July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

We proposed to approve these statutes 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the 

statutes and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, EPA is fully 

approving these statutes into the 

Arizona SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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.); 


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