Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68251 

annual or progressive inspections 

performed under part 43. There is no 

practical test required for an IA. 

Note: The ASI should see paragraph 

5–1285 for instructions on determining an 

applicant’s eligibility. 

2. Amend Section 8, Paragraph 

5–1309 by adding a Note after 

subparagraph (A)(1) to read: 5–1309 

RENEWAL OF INSPECTION 

AUTHORIZATION. 

A. Application Requirements. 

Application for renewal may be 

required to comply with the following: 

(1) Show evidence the applicant still 

meets the requirements of § 65.91(c)(1) 

through (4). 

Note: Refer to Paragraph 5–1279(A)–(C) of 

this document for information on meeting 

§ 65.91(c)(1) through (4) requirements. 

Because volume 1, chapter 3, section 2 of this 

Order limits the type of maintenance that 

ASIs can perform, an ASI may renew an IA 

regardless of volume of maintenance work 

performed. 

(2) Complete Federal Aviation 

Administration (FAA) Form 8610–1, 

Mechanic’s Application for Inspection 

Authorization, in duplicate. 

(3) Show evidence the applicant 

meets the requirements of § 65.93(a) for 

both the first and second year in the 

form of an activity sheet or log, training 

certificates, and/or oral test results, as 

applicable. 

Issued in Washington, DC, on October 29, 

2010. 

John McGraw, 

Deputy Director, Flight Standards Service. 

[FR Doc. 2010–27834 Filed 11–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0552; FRL–9221–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; 2002 Base Year 

Emission 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: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Pennsylvania State 

Implementation Plan (SIP) to meet the 

2002 base year emissions inventory, the 

reasonable further progress (RFP) plan, 

RFP contingency measure, and 

reasonably available control measure 

(RACM) requirements of the Clean Air 

Act (CAA) for the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE moderate 1997 8-hour ozone 

nonattainment area. EPA is also 

proposing to approve the 2008 

transportation conformity motor vehicle 

emissions budgets (MVEBs) associated 

with the reasonable further progress 

portion of these revisions. EPA is 

proposing to approve the SIP revisions 

because they satisfy the emission 

inventory, RFP, RACM, RFP 

contingency measures, and 

transportation conformity requirements 

for areas classified as moderate 

nonattainment for the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS) and demonstrates 

further progress in reducing ozone 

precursors. EPA is proposing to approve 

the SIP revision, pursuant to section 110 

and part D of the CAA and EPA’s 

regulations. 

DATES: Written comments must be 

received on or before December 6, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0552 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: pino.maria@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0552, 

Maria Pino, Acting 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–2010– 

0552. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 

http://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 http:// 

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: 

Brian K. Rehn, (215) 814–2176, or by 

e-mail at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

The following is provided to aid in 

locating information in this document. 

I. What action is EPA taking? 

II. What is the background of this action? 

III. What is EPA’s evaluation of the revision? 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is proposing to approve a 

revision, and two subsequent 

clarification SIP revisions, to the 

Pennsylvania SIP. This SIP revision was 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

68252 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 

originally submitted by the 

Pennsylvania Department of 

Environmental Protection (PA DEP) on 

August 29, 2007, and was formally 

amended by Pennsylvania on December 

10, 2009 and again on April 12, 2010. 

The August 2007 SIP contains an ozone 

attainment demonstration for the 

Pennsylvania portion of the 

Philadelphia-Wilmington-Atlantic City 

nonattainment area (NAA); the related 

2009 projected emissions inventory for 

the attainment demonstration; a base 

year emissions inventory for the year 

2002; and a 15 percent reasonable 

further progress plan and associated 

2008 projected emission inventory; 

contingency measures, which serve to 

achieve additional reductions in the 

event reasonable further progress is not 

achieved by 2008; an analysis of RACM; 

and 2008 MVEB associated with 

reasonable further progress. EPA 

proposed separate rulemaking action on 

the ozone demonstration portion of the 

August 2007 SIP revision in a notice 

published in the May 8, 2009 Federal 

Register (88 FR 21604). 

EPA is proposing to approve portions 

of that August 2007 SIP revision (as 

amended in December 2009 and April 

2010). The SIP elements upon which 

EPA is herein proposing to approve 

include: The 2002 base year emissions 

inventory, the 15 percent RFP plan and 

associated projected 2008 emission 

inventories, the contingency measures 

for failure to meet 2008 RFP, the RACM 

analysis, and the RFP 2008 MVEBs. The 

RFP plan demonstrates that emissions 

will be reduced 15 percent for the 

period of 2002 through 2008. The 2008 

MVEB for volatile organic compound 

(VOC) is 61.09 tons per day (tpd) and 

the 2008 MVEB for nitrogen oxides 

(NOX) is 108.78 tpd. EPA is proposing 

to approve the SIP revision because it 

satisfies RFP, contingency measure, 

RACM, RFP transportation conformity, 

and emissions inventory requirements 

for areas classified as moderate 

nonattainment for the 1997 8-hour 

ozone NAAQS and demonstrates further 

progress in reducing ozone precursors. 

EPA is proposing to approve the SIP 

revision pursuant to section 110 and 

part D of the CAA and EPA’s 

regulations. 

II. What is the background for this 

action? 

In 1997, EPA revised the health-based 

NAAQS for ozone, setting it at 0.08 

parts per million (ppm) averaged over 

an 8-hour time frame. EPA set the 

8-hour ozone standard based on 

scientific evidence demonstrating that 

ozone causes adverse health effects at 

lower ozone concentrations and over 

longer periods of time, than was 

understood when the pre-existing 1- 

hour ozone standard was set. EPA 

determined that the 8-hour standard 

would be more protective of human 

health, especially children and adults 

who are active outdoors, and 

individuals with a pre-existing 

respiratory disease, such as asthma. 

On April 30, 2004 (69 FR 23951), EPA 

finalized its attainment/nonattainment 

designations for areas across the country 

with respect to the 8-hour ozone 

standard. These actions became 

effective on June 15, 2004. Among those 

nonattainment areas is the PhiladelphiaWilmington-Atlantic City, PA-DE-NJMD moderate NAA. This nonattainment 

area includes Bucks, Chester, Delaware, 

Montgomery, and Philadelphia Counties 

in Pennsylvania, as well as counties in 

New Jersey and Delaware. EPA has 

taken separate action on separate plans 

submitted by neighboring states on 

portions of this nonattainment area that 

lie in those neighboring states. 

These designations triggered the 

CAA’s section 110(a)(1) requirement 

that states must submit attainment 

demonstrations for their nonattainment 

areas to EPA by no later than three years 

after the promulgation of a NAAQS. 

Accordingly, EPA’s Phase 1 8-hour 

ozone implementation rule (Phase 1 

rule), published on April 30, 2004 (69 

FR 23951), specifies that states must 

submit attainment demonstrations for 

their nonattainment areas to the EPA by 

no later than three years from the 

effective date of designation, that is, by 

June 15, 2007. 

Pursuant to the Phase 1 rule, an area 

was classified under subpart 2 of the 

CAA based on its 8-hour design value if 

that area had a 1-hour design value at 

or above 0.121 ppm (the lowest 1-hour 

design value in Table 1 of subpart 2). 

Based on this criterion, the 

Philadelphia-Wilmington-Atlantic City 

ozone NAA was classified under 

subpart 2 as a moderate nonattainment 

area. 

On November 29, 2005 (70 FR 71612), 

as revised on June 8, 2007 (72 FR 

31727), EPA published the final Phase 

2 Rule for implementation of the 8-hour 

standard (Phase 2 rule). The Phase 2 

rule addressed the RFP control and 

planning obligations as they apply to 

areas designated nonattainment for the 

1997 8-hour ozone NAAQS. 

Among other things, the Phase 1 and 

2 rules outline the SIP requirements and 

deadlines for various requirements in 

areas designated as moderate 

nonattainment. The rules further require 

that modeling and attainment 

demonstrations, RFP plans, RACM, 

projection year emission inventories, 

motor vehicle emissions budgets, and 

contingency measures were all due by 

June 15, 2007 (40 CFR 51.908(a), (c)). 

Section 182(b)(1) of the CAA and 

EPA’s 1997 8-hour ozone 

implementation rule (40 CFR 51.910) 

require each 8-hour ozone 

nonattainment area designated moderate 

and above to submit an emissions 

inventory and RFP plan, for review and 

approval into its SIP, that describes how 

the area will achieve actual emissions 

reductions of VOC and NOX from a 

baseline emissions inventory. 

III. What is EPA’s evaluation of the 

revision? 

EPA’s analysis and findings are 

discussed in this proposed rulemaking 

and a more detailed discussion is 

contained in the Technical Support 

Document (TSD) for this Proposal, 

which is available on line at http:// 

www.regulations.gov, Docket number 

EPA–R03–OAR–2010–0552. 

On August 29, 2007, Pennsylvania 

submitted a comprehensive plan for the 

Pennsylvania portion of the 

Philadelphia-Wilmington-Atlantic City 

nonattainment area to address the 

CAA’s 8-hour ozone attainment 

requirements. This SIP submittal 

included an attainment demonstration 

plan, a plan demonstrating 15 percent 

RFP for the period from 2002–2008, a 

RACM analysis, contingency measures 

for RFP and attainment, on-road VOC 

and NOX MVEBs, and the 2002 base 

year emissions inventory. On December 

10, 2009, Pennsylvania submitted a 

revision to amend the August 2007 SIP 

to make minor corrections to the 2002 

stationary point source and area source 

emissions inventories, and to reflect 

those changes in its 2002–2008 RFP 

demonstration. On April 12, 2010, 

Pennsylvania submitted another SIP 

revision to amend the August 2007 SIP 

revision to revise its point source 

emissions inventory to substitute a 

revised appendix entitled, ‘‘Appendix 

B–2: Stationary Point Source Emissions 

Annual Emissions.’’ 

These SIP revisions were subject to 

notice and comment by the public, and 

the Commonwealth of Pennsylvania 

addressed the comments received on the 

proposed SIP revisions. All sections of 

these SIP submittals are discussed in 

this rulemaking. However, EPA earlier 

proposed separate rulemaking upon the 

attainment demonstration plan portion 

of the August 29, 2007 SIP revision 

plan, in a May 8, 2009 Federal Register 

notice, and the attainment 

demonstration portion of the August 

2007 SIP revision is therefore not part 

of this action. The attainment 

demonstration plan and related 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68253 

attainment contingency measures, 2009 

or later projected emission inventory, 

and 2009 MVEB sections of 

Pennsylvania’s August 2007 SIP 

submittal will be discussed in a separate 

rulemaking. 

A. Base Year Emissions Inventory 

An emissions inventory is a 

comprehensive, accurate, current 

inventory of actual emissions from all 

sources and is required by section 

172(c)(3) of the CAA. For ozone 

nonattainment areas, the emissions 

inventory needs to contain VOC and 

NOX emissions because these pollutants 

are precursors to ozone formation. EPA 

recommended 2002 as the base year 

emissions inventory, and is therefore 

the starting point for calculating RFP. 

Pennsylvania submitted its 2002 base 

year emissions inventory on August 29, 

2007, and later submitted formal SIP 

revisions to amend its stationary point 

source and area source emissions 

inventories on December 10, 2009 and 

April 12, 2010. A summary of the 2002 

base year VOC and NOX emissions 

inventories is for the Pennsylvania 

portion of the Philadelphia-WilmingtonAtlantic City nonattainment area is 

included in Table 1, below. 

TABLE 1—PENNSYLVANIA PORTION OF THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY NONATTAINMENT AREA 2002 BASE

YEAR VOC & NOX EMISSIONS IN TONS PER DAY

[tpd] 

Emission source category VOC NOX

Point ......................................................................................................................................................... 22.21 59.63 

Stationary Area ........................................................................................................................................ 149.84 14.64 

Non-Road Mobile ..................................................................................................................................... 79.06 70.95 

Highway Mobile ....................................................................................................................................... 98.76 184.66 

Total .................................................................................................................................................. 349.87 329.88 

B. Adjusted Base Year Inventory and 

2008 RFP Target Levels 

The process for determining the 

emissions baseline from which the RFP 

reductions are calculated is described in 

section 182(b)(1) of the CAA and 40 CFR 

51.910. This baseline value is the 2002 

adjusted base year inventory. Sections 

182(b)(1)(B) and (D) require the 

exclusion from the base year inventory 

of emissions benefits resulting from the 

Federal Motor Vehicle Control Program 

(FMVCP) regulations promulgated by 

January 1, 1990, and the Reid Vapor 

Pressure (RVP) regulations promulgated 

June 11, 1990 (55 FR 23666). The 

FMVCP and RVP emissions reductions 

are determined by the State using EPA’s 

highway mobile source emissions 

modeling software, MOBILE6. The 

FMVCP and RVP emission reductions 

are then removed from the base year 

inventory by the State, resulting in an 

adjusted base year inventory. The 

emission reductions needed to satisfy 

the RFP requirement are then calculated 

from the adjusted base year inventory. 

These reductions are then subtracted 

from the adjusted base year inventory to 

establish the emissions target for the 

RFP milestone year (2008). 

For moderate areas like the 

Philadelphia nonattainment area, the 

CAA specifies a 15 percent reduction in 

ozone precursor emissions over an 

initial six-year period. In the Phase 2 

Rule, EPA interpreted this requirement 

for areas that were also designated 

nonattainment and classified as 

moderate or higher for the 1-hour ozone 

standard. In the Phase 2 Rule, EPA 

provided that an area classified as 

moderate or higher that has the same 

boundaries as an area, or is entirely 

composed of several areas or portions of 

areas, for which EPA fully approved a 

15 percent plan for the 1-hour NAAQS, 

is considered to have met the 

requirements of section 182(b)(1) of the 

CAA for the 8-hour NAAQS. In this 

situation, a moderate nonattainment 

area is subject to RFP under section 

172(c)(2) of the CAA and shall submit, 

no later than 3 years after designation 

for the 8-hour NAAQS, a SIP revision 

that meets the requirements of 40 CFR 

51.910(b)(2). The RFP SIP revision must 

provide for a 15 percent emission 

reduction (either NOX and/or VOC) 

accounting for any growth that occurs 

during the six-year period following the 

baseline emissions inventory year, that 

is, 2002–2008. 

Pennsylvania’s portion of the 

Philadelphia ozone nonattainment area 

under the 1-hour ozone standard had 

the same boundary as the 

Commonwealth’s portion of that 

nonattainment area under the 1997 8- 

hour ozone standard. The Philadelphia 

nonattainment area under the 1-hour 

ozone standard was classified as severe. 

EPA approved Pennsylvania’s fifteen 

percent RFP plan for the 

Commonwealth’s portion of the 

Philadelphia-Wilmington-Trenton 

severe ozone nonattainment area on 

August 24, 2001 (66 FR 44547). 

Therefore, according to the Phase 2 

Rule, the RFP plan for the Philadelphia 

nonattainment area may use either NOX

or VOC emissions reductions (or both) 

to achieve the 15 percent emission 

reduction requirement. 

According to section 182(b)(1)(D) of 

the CAA, emission reductions that 

resulted from the FMVCP and RVP rules 

promulgated prior to 1990 are not 

creditable for achieving RFP emission 

reductions. Therefore, the 2002 base 

year inventory is adjusted by subtracting 

the VOC and NOX emission reductions 

that are expected to occur between 2002 

and the future milestone years due to 

the FMVCP and RVP rules. 

Pennsylvania sets out its calculations 

for the adjusted base year inventory and 

2008 RFP target levels in Section IV.D 

of the August 2007 Philadelphia 8-hour 

ozone plan, as amended by 

Pennsylvania on December 10, 2009. 

Step 1. Calculate the 2002 

anthropogenic base year inventory for 

the Pennsylvania portion of the 

Philadelphia-Wilmington-Atlantic City 

nonattainment area. This is found in 

Table 4–3 of Pennsylvania’s 8-hour 

ozone plan for the Philadelphia 

nonattainment area, and shown in Table 

2, below. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

68254 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 

TABLE 2—PENNSYLVANIA PORTION OF THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY NONATTAINMENT AREA 2002 

ANTHROPOGENIC BASE YEAR INVENTORY (OZONE SEASON TPD) 

Source category VOC NOX

Point ................................................................................................................................................................................. 22.21 59.63 

Area ................................................................................................................................................................................. 149.84 14.64 

Non-Road Mobile ............................................................................................................................................................. 79.06 70.95 

Highway Mobile ............................................................................................................................................................... 98.76 184.66 

Total (excluding biogenics) ....................................................................................................................................... 349.87 329.88 

Step 2. Pennsylvania calculated the 

non-creditable emission reductions 

between 2002 and 2008 by modeling its 

2002 and 2008 motor vehicle emissions 

with all post-1990 CAA measures 

switched off, and then calculating the 

difference. See, Tables 4–4 and 4–5 of 

Pennsylvania’s Philadelphia 

nonattainment area RFP plan (as 

amended in December 2009), and Table 

3, below. 

TABLE 3—PENNSYLVANIA PORTION OF THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY NONATTAINMENT AREA NONCREDITABLE EMISSION REDUCTIONS (OZONE SEASON TPD) 

Source category VOC NOX

(i) 2002 On-Road ............................................................................................................................................................. 421.44 370.02 

(ii) 2008 On-Road ............................................................................................................................................................ 408.72 354.44 

Non-creditable Reductions (i)–(ii) .................................................................................................................................... 12.72 15.58 

Step 3. Pennsylvania’s calculations of 

its portion of the Philadelphia 

nonattainment area 2002 VOC and NOX

inventories adjusted relative to 2008 

and VOC and NOX target levels for 2008 

are found in Table 4–6 through 4–8 of 

the Philadelphia nonattainment area 

RFP plan (as amended in December 

2009) and are summarized in Table 4, 

below. 

TABLE 4—PENNSYLVANIA PORTION OF THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY NONATTAINMENT AREA 2008 RFP 

TARGET LEVEL CALCULATIONS (OZONE SEASON TPD) 

Description Formula VOC NOX

A 2002 Rate of Progress Base Year Inventory .................................................................................. 349.87 329 .88 

B FMVCP/RVP Reductions Between 2002 and 2008 ........................................................................ 12 .72 15 .58 

C 2002 Adjusted Base Year Inventory Relative to 2008 .................................................................... A–B 337 .15 314 .30 

D RFP Ratio ........................................................................................................................................ 0 .075 0 .075 

E Emissions Reductions Required Between 2002 and 2008 ............................................................. C * D 25 .29 23 .57 

F Target Level for 2008 ...................................................................................................................... C–E 311 .86 290 .73 

C. Projected Inventories and 

Determination of RFP 

Pennsylvania describes its methods 

used for developing its 2008 projected 

VOC and NOX inventories in it a 

document in its August 29, 2007 SIP 

revision. On December 10, 2009, 

Pennsylvania submitted two SIP 

revisions to amend the August 2007 SIP 

revision. The first made minor 

corrections to the stationary, area, and 

nonroad emissions categories of the 

2002 base year emissions inventory 

originally set forth in the August 2007 

SIP. The second of the two December 

10, 2009 SIP revisions amended the RFP 

demonstration presented in the August 

2007 SIP revision to make use of the 

amended 2002 base year emissions 

inventory. EPA reviewed the procedures 

Pennsylvania used to develop its 

projected inventories and found them to 

be reasonable. 

Projected controlled 2008 emissions 

for Pennsylvania’s portion of the 

Philadelphia nonattainment area are 

summarized in Table 4–7 of 

Pennsylvania’s December 2009 revised 

RFP plan for the Philadelphia 

nonattainment area. The data from 

Table 4–7 is presented below, in Table 

5, below. 

TABLE 5—PENNSYLVANIA PORTION OF THE PHILADELPHIA NONATTAINMENT AREA 2008 PROJECTED CONTROLLED VOC 

AND NOX EMISSIONS (TPD) 

Emission source category 

VOC 

emissions 

(tpd) 

NOX

emissions 

(tpd) 

Point ................................................................................................................................................................................. 21.56 57.13 

Area ................................................................................................................................................................................. 143.23 15.50 

Non-road Mobile .............................................................................................................................................................. 62.84 62.67 

Highway Mobile ............................................................................................................................................................... 61.09 108.78 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68255 

TABLE 5—PENNSYLVANIA PORTION OF THE PHILADELPHIA NONATTAINMENT AREA 2008 PROJECTED CONTROLLED VOC 

AND NOX EMISSIONS (TPD)—Continued 

Emission source category 

VOC 

emissions 

(tpd) 

NOX

emissions 

(tpd) 

Total .......................................................................................................................................................................... 288.72 244.08 

To determine if 2008 RFP is met in 

the Pennsylvania portion of the 

Philadelphia-Wilmington-Atlantic City 

nonattainment area, the total projected 

controlled emissions must be compared 

to the target levels calculated in the 

previous section of this document. As 

shown below in Table 6, the total VOC 

and NOX emission projections meet the 

2008 emission targets. Therefore, the 

2008 RFP in Pennsylvania’s portion of 

the Philadelphia-Wilmington-Atlantic 

City nonattainment area is 

demonstrated. 

TABLE 6—DETERMINATION OF WHETHER RFP IS MET IN 2008 IN THE PENNSYLVANIA PORTION OF THE PHILADELPHIAWILMINGTON-ATLANTIC CITY NONATTAINMENT AREA

Description 

VOC 

emissions 

(tpd) 

NOX

emissions 

(tpd) 

A Target Level for 2008 ........................................................................................................................................ 311.86 290.73 

B 2008 Projected Controlled Emissions (including non-creditable FMVCP) ........................................................ 288.72 244.08 

C 2008 Projected Controlled Emissions (excluding reductions from non-creditable FMVCP) ............................ 301.44 259.66 

Is RFP met? [i.e., 2008 Projected Emissions (C) < 2008 Target Level (A)] .......................................................... Yes Yes 

D. Control Measures and Emission 

Reductions for RFP 

The control measures upon which 

Pennsylvania relies upon for credit to 

demonstrate RFP requirement for the 

Commonwealth’s portion of the 

Philadelphia-Wilmington-Atlantic City 

nonattainment area are described in 

Section V of the Commonwealth’s 

August 2007 8-hour ozone attainment 

plan and emissions inventory SIP for 

the Philadelphia nonattainment area. To 

demonstrate RFP for the Philadelphia 

nonattainment area, Pennsylvania used 

a combination of (1) stationary point, (2) 

stationary area, (3) highway mobile, and 

(4) non-road mobile source control 

measures. 

The stationary point source measures 

Pennsylvania relied upon to 

demonstrate RFP by 2008 include: 

Interstate transport pollution reductions 

from the NOX SIP Call Rule; NOX

emission limits on NOX sources, 

including small sources of NOX, cement 

kilns, and large stationary combustion 

engines; and Federal standards for 

hazardous air pollutants. Pennsylvania 

estimates that these measures provided 

reductions of 0.65 tpd of VOC and 2.50 

tpd of NOX by 2008 for the 

Commonwealth’s portion of the 

nonattainment area. 

The stationary area source measures 

upon which Pennsylvania relied to 

demonstrate 2008 RFP in the 

Commonwealth’s portion of the 

Philadelphia nonattainment area 

include: Portable fuel container 

regulation to address permeation and 

evaporation of VOCs; a consumer 

products formulation rule; and a rule 

governing the formulation of 

architectural and industrial 

maintenance coatings. In total, 

Pennsylvania estimates these measures 

reduced 6.61 tpd of VOCs, but increased 

NOX by 0.86 tpd. 

Highway mobile (or on-road mobile) 

measures upon which Pennsylvania 

relied to demonstrate 2008 RFP in the 

Commonwealth’s portion of the 

Philadelphia nonattainment area 

include: The Federal Motor Vehicle 

Control Program; the Pennsylvania 

Clean Vehicle Program for passenger 

cars and light-duty trucks; the Federal 

Heavy Duty Diesel Control Program; 

Pennsylvania’s adoption of California’s 

Heavy-Duty Emissions Control Program; 

the Vehicle Inspection and Maintenance 

Program; the Federal Low Sulfur 

Gasoline Rule; the Stage II Gasoline 

Vapor Recovery rule; and the Federal 

reformulated gasoline rule. In total, 

Pennsylvania estimates that these 

highway mobile source measures 

reduced VOCs by 37.67 tpd and NOX by 

75.88 tpd. However, 12.72 tpd of VOCs 

and 15.58 tpd of NOX from these 

measures can not be credited towards 

demonstrating RFP, and therefore may 

not be credited against the RFP target. 

This is because the CAA specifies that 

measures that were already required to 

be in place prior to the RFP 

demonstration period under the 

previous pre-1990 CAA (e.g., FMVCP 

and Federal fuel volatility standards) 

can not be used to demonstrate RFP 

goals under the present statute. 

The non-road mobile source measures 

upon which Pennsylvania relied upon 

to demonstrate 2008 RFP in the 

Philadelphia nonattainment area 

include: non-road small gasoline 

engines; non-road diesel engines (Tier I 

and Tier II); marine engine standards for 

spark-ignition engines; emission 

standards for large spark-ignition 

engines; the use of Federal reformulated 

gasoline in non-road motor vehicles and 

equipment; and Tier 2 railroad engine 

standards. Pennsylvania calculated the 

non-road mobile 2008 emission 

reductions to be 16.22 tpd VOC and 8.28 

tpd NOX. 

In the TSD prepared by EPA in 

support of this action, EPA evaluates 

each of these measures and the 

Commonwealth’s estimate of 2008 

emissions for each measure. For details, 

please refer to EPA’s TSD for this action. 

Table 7 summarizes the emission 

reductions that Pennsylvania claimed in 

its RFP Plan for the Philadelphia 

nonattainment area, as amended in 

December 2009. The total 2008 

projected emission reductions are 

sufficient to demonstrate reasonable 

further progress, including the use of 

substituted NOX reductions for VOC 

reductions to meet the 15% target 

reduction. Therefore, the emission 

reductions Pennsylvania claims for its 

portion of the Philadelphia-WilmingtonAtlantic City nonattainment area RFP 

plan are approvable. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

68256 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 

TABLE 7—CONTROL MEASURES AND 2008 EMISSION REDUCTIONS IN THE PENNSYLVANIA PORTION OF THE PHILADELPHIAWILMINGTON-ATLANTIC CITY NONATTAINMENT AREA 8-HOUR RFP PLAN

Control strategies VOC (tpd) NOX (tpd) 

Stationary Point Sources ................................................................................................................................................. 0.65 2.50 

NOX SIP Call.

Smaller Sources of NOX.

Hazardous Air Pollutant Regulations.

Stationary Area Sources .................................................................................................................................................. 6.61 ¥0.86 

Portable Fuel Containers.

Consumer Products.

AIM Coatings.

Highway Sources (includes non creditable reductions from pre-1990 FMVCP between 2002–08) .............................. 1 37.67 2 75.88 

Federal Motor Vehicle Control Programs.

Pennsylvania Clean Vehicles Program.

Heavy duty diesel control Programs.

Inspection/Maintenance Program.

Low Sulfur Gasoline.

Other Motor Vehicle Programs.

Non-road Sources ............................................................................................................................................................ 16.22 8.28 

Federal Nonroad Regulations including Fuel Standards.

Total Expected Emission Reductions (2002–2008) (including non-creditable reductions) .............................. 61.15 85.80 

1 12.72 non-creditable. 

2 15.58 non-creditable. 

E. Contingency Measures 

Section 172(c)(9) of the CAA requires 

a state with a moderate or above ozone 

nonattainment area to include sufficient 

additional contingency measures in its 

RFP plan in case the Philadelphia 

nonattainment area fails to meet RFP 

requirements. The same provision of the 

CAA also requires that the contingency 

measures must be fully adopted control 

measures or rules. Upon failure to meet 

an RFP milestone requirement, the state 

must be able to implement the 

contingency measures without any 

further rulemaking activities. Upon 

implementation of such measures, 

additional emission reductions of at 

least 3 percent of the adjusted 2002 

baseline emissions must be achieved. 

For more information on contingency 

measures, see the April 16, 1992 

General Preamble (57 FR 13512) and the 

November 29, 2005 Phase 2 8-hour 

ozone implementation rule (70 FR 

71612). 

To meet the requirements for 

contingency emission reductions, EPA 

allows for the use of early 

implementation of control measures as 

contingency measures. EPA also allows 

the substitution of NOX emission 

reductions for VOC emission reductions 

in the contingency plans (by any 

combination of NOX and VOC, as long 

as the 3 percent reduction is achieved 

and 0.3 percent of the total is 

attributable to VOCs). 

The RFP contingency requirement 

may be met by including in the RFP 

plan a demonstration of 18 percent VOC 

& NOX RFP. The additional 3 percent 

reduction above the 15 percent 

requirement must be attributed to 

specific measures. Pennsylvania elected 

to use early emission reductions from 

the Federal Tier 2 motor vehicle 

program towards meeting the 

contingency measure requirement. 

Pennsylvania discusses its 

Philadelphia nonattainment area 

contingency measures for failure to meet 

RFP in Section 4 of the December 2009 

Correction to the RFP SIP. The results 

are presented in Table 8, below. 

TABLE 8—PENNSYLVANIA PORTION OF THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY NONATTAINMENT AREA 2008 RFP 

CONTINGENCY MEASURE TARGET LEVEL CALCULATIONS

Description Formula VOC 

(tpd) 

NOX

(tpd) 

A 2002 Rate-Of Progress Base Year Inventory ........................................................... 349 .87 329 .88 

B Non-creditable FMVCP/RVP Reductions Between 2002 And 2008 ......................... 12 .72 15 .58 

C 2002 Adjusted Base Year Inventory Relative To 2008 ............................................ A¥B 337 .15 314 .3 

D RFP Ratio (Target Percent Reduction for RFP) ....................................................... 7 .5 7 .5 

E RFP Emissions Reductions Required Between 2002 & 2008 for RFP .................... C * (1¥(D/100)) 25 .29 23 .57 

F Contingency Percentage ........................................................................................... 3 .00 0 

G Contingency Emission Reduction Requirements ..................................................... C * F 10 .11 0 

H Contingency Measure Target Level for 2008 ........................................................... C¥E¥G 301 .76 314 .30 

I 2008 Projected Emissions (including growth and controls and non-creditable 

FMVCP).

288 .72 244 .08 

J 2008 Project Emissions Excluding Reductions from non-creditable FMVCP ........... 301 .44 259 .66 

To determine if Pennsylvania meets 

the three percent contingency measure 

requirement for the Pennsylvania 

portion of the Philadelphia 

nonattainment area, the total projected 

controlled emissions (including growth, 

but excluding reductions from the noncreditable pre-1990 FMVCP) must be 

compared to the contingency measure 

target levels calculated above. 

Pennsylvania has not indicated whether 

it intends to obtain the necessary early 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68257 

reduction contingency measures 

entirely from VOCs, from NOX, or from 

both. Since the Commonwealth’s 2008 

projected VOC inventory is much closer 

to its contingency measure target level, 

we assumed that the contingency 

measure target is based entirely upon 

contingency percentage reduction of 3 

percent coming from VOCs, with no 

NOX substitution. Table 9 shows that 

Pennsylvania would meet the 

contingency measure target if this 

assumption is made. Assuming the 

maximum amount of NOX substitution 

allowable under EPA relevant guidance 

of 2.7 percent, an entirely NOXsubstituted contingency plan by 

Pennsylvania would also demonstrate 

that the contingency measure 

requirement is met. Therefore, 

Pennsylvania has sufficient early 

contingency measures in place to meet 

the contingency measure requirement 

for the Philadelphia nonattainment area, 

for purposes of demonstrating RFP. 

TABLE 9—EVALUATION OF THE PENNSYLVANIA PORTION OF THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY

NONATTAINMENT AREA 2008 RFP CONTINGENCY MEASURE REQUIREMENT

Description VOC 

(tpd) 

NOX

(tpd) 

A Total 2008 Projected Controlled Emissions .................................................................................................. 301 .44 259 .66 

B Contingency Measure Target Level for 2008 (if assumed to be entirely VOC-based) ................................ 301 .76 314 .30 

Contingency measure requirement met if A < B ................................................................................................. Yes Yes 

F. RACM Analysis 

Pursuant to section 172(c)(1) of the 

CAA, states are required to implement 

all RACM as expeditiously as 

practicable for each nonattainment area. 

Specifically, section 172(c)(1) states the 

following: ‘‘In general—Such plan 

provisions shall provide for the 

implementation of all reasonably 

available control measures as 

expeditiously as practicable (including 

such reductions in emissions from 

existing sources in the area as may be 

obtained through the adoption, at a 

minimum, of reasonably available 

control technology) and shall provide 

for attainment of the national primary 

ambient air quality standards.’’ 

Furthermore, in EPA’s Phase 2 Rule, 

EPA describes how states must include 

a RACM analysis with their attainment 

demonstration (70 FR 71659). The 

purpose of the RACM analysis is to 

determine whether or not control 

measures exist that are technically 

reasonable and that provide emission 

reductions that would advance the 

attainment date for nonattainment areas. 

Control measures that would advance 

the attainment date are considered 

RACM and must be included in the SIP. 

RACM are necessary to ensure that the 

attainment date is achieved ‘‘as 

expeditious as practicable.’’ RACM is 

defined by the EPA as any potential 

control measure for application to point, 

area, on-road and non-road emission 

source categories that meets the 

following criteria: 

• The control measure is 

technologically feasible; 

• The control measure is 

economically feasible; 

• The control measure does not cause 

‘‘substantial widespread and long-term 

adverse impacts;’’ 

• The control measure is not ‘‘absurd, 

unenforceable, or impracticable;’’ and 

• The control measure can advance 

the attainment date by at least one year. 

Pennsylvania addresses the RACM 

requirement is Section V.B of the 

Philadelphia 8-hour ozone attainment 

demonstration SIP submitted to EPA in 

August 2007. In order to meet the CAA 

requirement for RACM, Pennsylvania 

must demonstrate that it has adopted all 

RACM necessary to move the 

Philadelphia nonattainment area toward 

attainment as expeditiously as 

practicable. Since this multi-state 

nonattainment area is classified as 

moderate ozone nonattainment under 

the 1997 8-hour ozone NAAQS, the 

entire area was required to demonstrate 

attainment by the 2009 ozone season. 

Therefore, Pennsylvania considered 

measures that would potentially 

advance the attainment date for its 

portion of this multi-state 

nonattainment area and that would 

provide for attainment by the ozone 

season preceding the attainment 

deadline. 

Pennsylvania worked with the Ozone 

Transport Commission (OTC) member 

states to evaluate potential RACM 

measures for use in Pennsylvania. In 

2006, the OTC staff and member states 

formed several workgroups to identify 

and evaluate candidate control 

measures. Initially, the workgroups 

compiled and reviewed a list of 

approximately 1,000 candidate control 

measures. These control measures were 

identified through published sources 

such as the EPA’s Control Technique 

Guidelines, the State and Territorial Air 

Pollution Program Administrators/ 

Association of Local Air Pollution 

Control (STAPPA/ALAPCO) ‘‘Menu of 

Options’’ documents, the AirControlNET 

database, emission control initiatives in 

member states as well as other states 

including California, state/regional 

consultations, and stakeholder input. 

The OTC’s workgroups then narrowed 

their review to a preliminary list of 

thirty candidate control measures to be 

considered for more detailed analysis. 

These measures were selected to focus 

on the pollutants and source categories 

that are thought to be the most effective 

in reducing ozone air quality levels in 

the Northeastern and Mid-Atlantic 

States. 

Pennsylvania considered these 

measures, in conjunction with regional 

modeling that indicated that 20 to 40 

tons per day of VOC or NOX would be 

necessary to advance the attainment 

date by one year. In evaluating the 

measures potentially available, 

Pennsylvania determined that no 

measure or group of measures would 

individually or collectively achieve the 

necessary level of emission reductions 

to advance the attainment date. Further, 

many of these measures could not be 

adopted and implemented in time to 

serve as RACM measures to meet 

attainment goals. Pennsylvania believes, 

on the basis of their analysis, that there 

are no further RACM measures that are 

appropriate for this SIP. 

Pennsylvania lists its most recently 

adopted measures, in conjunction with 

the most recently adopted federal 

measures in Section V.B of its August 

2007 SIP revision. Pennsylvania’s list of 

recently adopted state measures 

includes: 

• Small Source NOX Provisions 

(Chapter 129, Sections 201–205). 

• Portable Fuel Containers Rule 

(Chapter 130, Sections 101–108). 

• Consumer Products Rule (Chapter 

129, Section 63). 

• Architectural and Industrial 

Maintenance Coatings Rule (Chapter 

130, Sections 601–611). 

• Degreasing Operations Rule 

(Chapter 129, Section 63). 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

68258 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 

• NOX SIP Call (Internal Combustion 

Engines provisions) (Chapter 145, 

Sections 111–113). 

• NOX SIP Call (Portland Cement Kiln 

provisions) (Chapter 145, Sections 141– 

144). 

• RACT for the 8-Hour Ozone 

NAAQS (2006 EPA SIP Revision). 

• Enhanced Vehicle I/M Program (67 

Pa Code Chapter 177). 

• Pennsylvania Clean Vehicle 

Program (Chapter 126, Subchapter D). 

• Pennsylvania Heavy-Duty Diesel 

Emission Control Program (Chapter 126, 

Subchapter E). 

EPA concurs with PA DEP’s 

conclusion that there are no RACM 

measures that would have advanced the 

moderate area attainment date of 2010 

for the Philadelphia nonattainment area. 

Therefore, PA DEP’s RACM analysis in 

its Philadelphia 8-hour ozone plan is 

approvable. 

G. Transportation Conformity Budgets 

Transportation conformity is required 

by CAA section 176(c). EPA’s 

conformity rule requires that 

transportation plans, programs and 

projects conform to state air quality 

implementation plans and establishes 

the criteria and procedure for 

determining whether or not they do. 

Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the national 

ambient air quality standards. States 

must establish VOC and NOX MVEBs for 

each of the milestone years up to the 

attainment year and submit the mobile 

budgets to EPA for approval. Upon 

adequacy determination or approval by 

EPA, states must conduct transportation 

conformity analysis for their 

Transportation Improvement Programs 

and long range transportation plans to 

ensure highway vehicle emissions will 

not exceed relevant MVEBs. 

Pennsylvania discusses transportation 

conformity in Section V.E of the August 

2007 Philadelphia 8-hour ozone plan, 

and the same MVEBs are restated in the 

December 2009 RFP revision SIP. PA 

DEP, in consultation with the Delaware 

Regional Planning Commission 

(DVRPC), the designated metropolitan 

planning organization for the 

Philadelphia nonattainment area, 

established MVEBs for 2008. The 2008 

mobile emissions inventory was 

calculated using EPA’s MOBILE6.2 and 

the Highway Performance Monitoring 

System model. Pennsylvania further 

describes its methodology for 

calculating its mobile emission budgets 

in Appendix E of the August 2007 

Philadelphia 8-hour ozone plan. 

The MVEB for the Pennsylvania 

portion of the Philadelphia-WilmingtonAtlantic City 8-hour ozone 

nonattainment area for the 2008 RFP is 

based on projected 2008 mobile source 

emissions, accounting for all mobile 

control measures, inclusive of growth. 

The MVEBs for the 2008 RFP are shown 

in Table 10, below. 

TABLE 10—PENNSYLVANIA PORTION OF THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY NONATTAINMENT AREA 2008 

RFP MVEB 

VOC NOX

Kilograms/day .............................................................................................................................................................. 55,421 98,686 

Tons/day ...................................................................................................................................................................... 61 .09 108 .78 

For budgets to be approvable, they 

must meet, at a minimum, EPA’s 

adequacy criteria (40 CFR 93.118(e)(4)). 

In a December 19, 2008 Federal Register 

notice, EPA notified the public that EPA 

found that the 2008 RFP MVEBs in the 

plan for the Pennsylvania portion of the 

Philadelphia-Wilmington-Atlantic City 

8-hour ozone plan are adequate for 

transportation conformity purposes. 

(73 FR 77682). 

In addition to the budgets being 

adequate for transportation conformity 

purposes, EPA found the procedures 

Pennsylvania used to develop the 

MVEBs to be reasonable. The budgets 

are identical to the projected 2008 onroad mobile source emission 

inventories. Because the 2008 RFP 

MVEBs are adequate for transportation 

conformity purposes and the methods 

that PA DEP used to develop them are 

correct, the 2008 RFP budgets are 

approvable. 

V. What are EPA’s conclusions? 

EPA’s review of the 2002 base year 

emissions inventory; the 2008 ozone 

projected emission inventory; the 2008 

RFP plan; RFP contingency measures; 

Pennsylvania’s RACM analysis; and 

2008 transportation conformity budgets 

contained in Pennsylvania’s August 29, 

2007 SIP revision (as amended 

December 10, 2009 and on April 12, 

2010) for its portion of the Philadelphia 

nonattainment area fully addressed the 

CAA’s requirements. Therefore, EPA is 

proposing approval of specific elements 

of Pennsylvania’s August 2007 8-hour 

ozone plan and RFP plan for the 

Philadelphia nonattainment area (as 

amended in December 2009 and April 

2010). EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

VI. Statutory and Executive Order 

Reviews 

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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68259 

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 proposed rule 

pertaining to the Pennsylvania portion 

of the Philadelphia-Wilmington-Atlantic 

City nonattainment area 2002 base year 

emissions inventory; 2008 ozone 

projected emission inventory; 2008 RFP 

plan; RFP contingency measures; RACM 

analysis; and 2008 transportation 

conformity budgets 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: October 28, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–28001 Filed 11–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0811–201051; FRL– 

9222–9] 

Approval and Promulgation of 

Implementation Plans; Mississippi: 

Prevention of Significant Deterioration; 

Greenhouse Gas Tailoring Rule 

Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a portion of a draft revision to the 

Mississippi State Implementation Plan 

(SIP), submitted by the State of 

Mississippi, through the Mississippi 

Department of Environmental Quality 

(MDEQ), to EPA on September 14, 2010, 

for parallel processing. The proposed 

SIP revision modifies Mississippi’s New 

Source Review (NSR) Prevention of 

Significant Deterioration (PSD) program. 

Specifically, the proposed SIP revision 

establishes appropriate emission 

thresholds for determining which new 

stationary sources and modification 

projects become subject to Mississippi’s 

PSD permitting requirements for their 

greenhouse gas (GHG) emissions. 

Mississippi’s September 14, 2010, SIP 

revision is necessary because without it, 

on January 2, 2011, PSD requirements 

would apply at the 100 or 250 tons per 

year (tpy) levels provided under the 

Clean Air Act (CAA or Act), which 

would overwhelm Mississippi’s 

permitting resources. EPA is proposing 

approval of Mississippi’s September 14, 

2010, SIP revision relating to PSD 

requirements for GHG-emitting sources 

because the Agency has made the 

preliminary determination that this SIP 

revision is in accordance with the CAA 

and EPA regulations regarding PSD 

permitting for GHGs. 

DATES: Comments must be received on 

or before December 6, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0811 by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2010–0811, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2010– 

0811.’’ EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

http://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 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://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 http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Mississippi 

SIP, contact Ms. Twunjala Bradley, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

mstockstill on DSKH9S0YB1PROD with PROPOSALS