[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Proposed Rules]
[Pages 8254-8273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03169]



[[Page 8254]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0868; FRL-9923-03-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation Request and Associated Maintenance Plan for 
the Pennsylvania Portion of the Philadelphia-Wilmington, PA-NJ-DE 
Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine 
Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the Commonwealth of Pennsylvania's September 5, 2014 request to 
redesignate to attainment the Pennsylvania portion of the Philadelphia-
Wilmington, PA-NJ-DE nonattainment area (hereafter ``the Philadelphia 
Area'' or ``the Area'') for both the 1997 annual and the 2006 24-hour 
fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality 
Standards (NAAQS or standards). EPA is also proposing to approve as a 
revision to the Pennsylvania State Implementation Plan (SIP) the 
associated maintenance plan to show maintenance of the 1997 annual and 
the 2006 24-hour PM<INF>2.5</INF> NAAQS through 2025 for the 
Pennsylvania portion of the Area. EPA is also proposing to approve the 
motor vehicle emissions budgets (MVEBs) included in Pennsylvania's 
maintenance plan for the Pennsylvania portion of the Area for both the 
1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS. EPA is also 
proposing to determine that the Pennsylvania portion of the 
Philadelphia Area continues to attain both the 1997 annual and the 2006 
24-hour PM<INF>2.5</INF> NAAQS. In addition, EPA is proposing to 
approve the 2007 emissions inventory included in the maintenance plan 
for the Pennsylvania portion of the Area for the 2006 24-hour 
PM<INF>2.5</INF> NAAQS. In this rulemaking action, EPA also addresses 
the effects of several decisions of the United States Court of Appeals 
for the District of Columbia (D.C. Circuit Court) and a decision of the 
United States Supreme Court: (1) The D.C. Circuit Court's August 21, 
2012 decision to vacate and remand to EPA the Cross-State Air Pollution 
Control Rule (CSAPR); (2) the Supreme Court's April 29, 2014 reversal 
of the vacature of CSAPR, and remand to the D.C. Circuit Court; (3) the 
D.C. Circuit Court's October 23, 2014 decision to lift the stay of 
CSAPR; and (4) the D.C. Circuit Court's January 4, 2013 decision to 
remand to EPA two final rules implementing the 1997 annual 
PM<INF>2.5</INF> NAAQS. This rulemaking action to propose approval of 
the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS redesignation 
request and associated maintenance plan for the Pennsylvania portion of 
the Philadelphia Area is based on EPA's determination that Pennsylvania 
has met the criteria for redesignation to attainment specified in the 
Clean Air Act (CAA) for both the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS. EPA has taken separate rulemaking actions to 
approve the redesignation of the New Jersey portion and the Delaware 
portion of the Philadelphia Area for the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS. See 78 FR 54396, September 4, 2013 (for the New 
Jersey portion of the Area), and 79 FR 45350, August 5, 2014 (for the 
Delaware portion of the Area).

DATES: Written comments must be received on or before March 19, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0868 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: <a href="/cdn-cgi/l/email-protection#d4a4bba3b1a6a7fab9b5a6bdb8adba94b1a4b5fab3bba2"><span class="__cf_email__" data-cfemail="fd8d928a988f8ed3909c8f94918493bd988d9cd39a928b">[email protected]</span></a>.
    C. Mail: EPA-R03-OAR-2014-0868, Marilyn Powers, Acting Associate 
Director, Office of Air Quality Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed 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-
2014-0868. 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. 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: Marilyn Powers, (215) 814-2308 or by 
email at <a href="/cdn-cgi/l/email-protection#02726d756770712c6f63706b6e7b6c426772632c656d74"><span class="__cf_email__" data-cfemail="b0c0dfc7d5c2c39eddd1c2d9dcc9def0d5c0d19ed7dfc6">[email protected]</span></a> and Rose Quinto, (215) 814-2182 or 
email at <a href="/cdn-cgi/l/email-protection#6415110d0a100b4a160b1701240114054a030b12"><span class="__cf_email__" data-cfemail="1465617d7a607b3a667b6771547164753a737b62">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. EPA's Requirements
    A. Criteria for Redesignation to Attainment
    B. Requirements of a Maintenance Plan
III. Summary of Proposed Actions
IV. Effects of Recent Court Decisions on Proposed Actions
    A. Effect of Court Decisions Regarding EPA's CSAPR
    B. Effect of the D.C. Circuit Court Decision Regarding 
PM<INF>2.5</INF> Implementation under Subpart 4 of Part D of Title I 
of the CAA
V. EPA's Analysis of Pennsylvania's Submittal
    A. Redesignation Request
    B. Maintenance Plan
    C. Motor Vehicle Emissions Budgets

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VI. Proposed Actions
VII. Statutory and Executive Order Reviews

I. Background

    The first air quality standards for PM<INF>2.5</INF> were 
established on July 16, 1997 (62 FR 38652, July 18, 1997). EPA 
promulgated an annual standard at a level of 15 micrograms per cubic 
meter ([mu]g/m\3\), based on a three-year average of annual mean 
PM<INF>2.5</INF> concentrations (the 1997 annual PM<INF>2.5</INF> 
NAAQS). In the same rulemaking action, EPA promulgated a 24-hour 
standard of 65 [mu]g/m\3\, based on a three-year average of the 98th 
percentile of 24-hour concentrations.
    On January 5, 2005 (70 FR 944, 1014), EPA published air quality 
area designations for the 1997 PM<INF>2.5</INF> NAAQS. In that 
rulemaking action, EPA designated the Philadelphia Area as 
nonattainment for the 1997 annual PM<INF>2.5</INF> NAAQS. The 
Philadelphia Area is comprised of New Castle County in Delaware (the 
Delaware portion of the Area); Burlington, Camden, and Gloucester 
Counties in New Jersey (the New Jersey portion of the Area); and Bucks, 
Chester, Delaware, Montgomery, and Philadelphia Counties in 
Pennsylvania (the Pennsylvania portion of the Area). See 40 CFR 81.308 
(Delaware), 40 CFR 81.331 (New Jersey), and 40 CFR 81.339 
(Pennsylvania).
    On October 17, 2006 (71 FR 61144), EPA retained the annual average 
standard at 15 [mu]g/m\3\, but revised the 24-hour standard to 35 
[mu]g/m\3\, based again on the three-year average of the 98th 
percentile of 24-hour concentrations (the 2006 24-hour PM<INF>2.5</INF> 
NAAQS). On November 13, 2009 (74 FR 58688), EPA published designations 
for the 2006 24-hour PM<INF>2.5</INF> NAAQS, which became effective on 
December 14, 2009. In that rulemaking action, EPA designated the 
Philadelphia Area as nonattainment for the 2006 24-hour 
PM<INF>2.5</INF> NAAQS. See 77 FR 58775 and also see 40 CFR 81.308 
(Delaware), 40 CFR 81.331 (New Jersey), and 40 CFR 81.339 
(Pennsylvania). Today's proposed rulemaking actions address the 
redesignations to attainment for the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS for the Pennsylvania portion of the Philadelphia 
Area.
    On May 16, 2012 (77 FR 28782) and January 7, 2013 (78 FR 882), EPA 
made determinations that the entire Philadelphia Area had attained the 
1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS, respectively. 
Pursuant to 40 CFR 51.1004(c) and based on these determinations, the 
requirements for the Philadelphia Area to submit an attainment 
demonstration and associated reasonably available control measures 
(RACM), a reasonable further progress (RFP) plan, contingency measures, 
and other planning SIPs related to the attainment of either the 1997 
annual or 2006 24-hour PM<INF>2.5</INF> NAAQS were, and continue to be, 
suspended until such time as: The Area is redesignated to attainment 
for each standard, at which time the requirements no longer apply; or 
EPA determines that the Area has again violated any of the standards, 
at which time such plans are required to be submitted. In the May 16, 
2012 action, EPA also determined, in accordance with CAA section 
179(c), that the Philadelphia Area attained the 1997 annual 
PM<INF>2.5</INF> NAAQS by its attainment date of April 5, 2010.
    On September 5, 2014, the Commonwealth of Pennsylvania, through the 
Pennsylvania Department of Environmental Protection (PADEP), formally 
submitted a request to redesignate the Pennsylvania portion of the Area 
from nonattainment to attainment for the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS. Concurrently, PADEP submitted a combined 
maintenance plan for the Area as a SIP revision to ensure continued 
attainment throughout the Area over the next 10 years. The maintenance 
plan includes the 2017 and 2025 PM<INF>2.5</INF> and NO<INF>X</INF> 
MVEBs for the Area for the 1997 annual and the 2006 24-hour 
PM<INF>2.5</INF> NAAQS which EPA is proposing to approve for 
transportation conformity purposes. On September 5, 2014, PADEP also 
submitted a 2007 comprehensive emissions inventory for the 2006 24-hour 
PM<INF>2.5</INF> NAAQS for PM<INF>2.5</INF>, nitrogen oxides 
(NO<INF>X</INF>), sulfur dioxide (SO<INF>2</INF>), volatile organic 
compounds (VOCs), and ammonia (NH<INF>3</INF>). EPA is proposing to 
approve as a SIP revision the maintenance plan for the 1997 annual and 
the 2006 24-hour PM<INF>2.5</INF> NAAQS. EPA is also proposing to 
approve as a SIP revision the 2007 emissions inventory for the 2006 24-
hour PM<INF>2.5</INF> NAAQS to meet the emissions inventory requirement 
of section 172(c)(3) of the CAA.

II. EPA's Requirements

A. Criteria for Redesignation to Attainment

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation providing that: (1) EPA determines that the 
area has attained the applicable NAAQS; (2) EPA has fully approved the 
applicable implementation plan for the area under section 110(k); (3) 
EPA determines that the improvement in air quality is due to permanent 
and enforceable reductions in emissions resulting from implementation 
of the applicable SIP and applicable Federal air pollutant control 
regulations and other permanent and enforceable reductions; (4) EPA has 
fully approved a maintenance plan for the area as meeting the 
requirements of section 175A of the CAA; and (5) the state containing 
such area has met all requirements applicable to the area under section 
110 and part D.
    EPA has provided guidance on redesignation in the ``State 
Implementation Plans; General Preamble for the Implementation of Title 
I of the Clear Air Act Amendments of 1990,'' (57 FR 13498, April 16, 
1992) (the General Preamble) and has provided further guidance on 
processing redesignation requests in the following documents: (1) 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereafter the 1992 Calcagni 
Memorandum); (2) ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 1992; 
and (3) ``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994.

B. Requirements of a Maintenance Plan

    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after approval of a 
redesignation of an area to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures, with a schedule for implementation, as EPA deems 
necessary to assure prompt correction of any future PM<INF>2.5</INF> 
violations.
    The 1992 Calcagni Memorandum provides additional guidance on the 
content of a maintenance plan. The Memorandum states that a maintenance 
plan should address the following provisions: (1) An attainment 
emissions inventory; (2) a maintenance demonstration showing 
maintenance for

[[Page 8256]]

10 years; (3) a commitment to maintain the existing monitoring network; 
(4) verification of continued attainment; and (5) a contingency plan to 
prevent or correct future violations of the NAAQS.

III. Summary of Proposed Actions

    EPA is proposing to take several rulemaking actions related to the 
redesignation of the Pennsylvania portion of the Philadelphia Area to 
attainment for the 1997 annual and the 2006 24-hour PM<INF>2.5</INF> 
NAAQS. EPA is proposing to find that the Pennsylvania portion of the 
Area meets the requirements for redesignation of the 1997 annual and 
the 2006 24-hour PM<INF>2.5</INF> NAAQS under section 107(d)(3)(E) of 
the CAA. EPA is thus proposing to approve Pennsylvania's request to 
change the legal designation of the Pennsylvania portion of the Area 
from nonattainment to attainment for both the 1997 annual and 2006 24-
hour PM<INF>2.5</INF> NAAQS. This rulemaking action does not impact the 
legal designation of the New Jersey and Delaware portions of the 
Philadelphia Area. On September 4, 2013 (78 FR 54396) and August 5, 
2014 (79 FR 45350), EPA took separate rulemaking actions to redesignate 
to attainment the New Jersey portion of the Area and the Delaware 
portion of the Area, respectively, for both the 1997 annual and 2006 
24-hour PM<INF>2.5</INF> NAAQS.
    EPA is also proposing to approve the associated maintenance plan 
for the Pennsylvania portion of the Area as a revision to the 
Pennsylvania SIP for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> 
NAAQS, including the MVEBs for the Pennsylvania portion of the Area for 
both the 1997 annual and the 2006 24-hour PM<INF>2.5</INF> NAAQS. The 
approval of the maintenance plan is one of the CAA criteria for 
redesignation of the Pennsylvania portion of the Area to attainment for 
both NAAQS. Pennsylvania's combined maintenance plan is designed to 
ensure continued attainment of the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS, respectively, in the Pennsylvania portion of 
the Area for 10 years after redesignation.
    EPA previously determined that the Philadelphia Area attained both 
the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS (see 77 FR 
28782 and 78 FR 882), and EPA is proposing to find that the Area 
continues to attain both NAAQS. Furthermore, under section 172(c)(3) of 
the CAA, EPA is proposing to approve the 2007 comprehensive emissions 
inventory submitted by PADEP for the Pennsylvania portion of the Area 
as a revision to the Pennsylvania's SIP for the 2006 24-hour 
PM<INF>2.5</INF> NAAQS. EPA's analysis of the proposed actions is 
provided in Section V. of today's proposed rulemaking action.

IV. Effects of Recent Court Decisions on Proposed Actions

A. Effect of Court Decisions Regarding EPA's CSAPR

1. Background
    The D.C. Circuit Court and the Supreme Court have issued a number 
of decisions and orders regarding the status of EPA's regional trading 
programs for transported air pollution, the Clean Air Interstate Rule 
(CAIR) and CSAPR, that impact this proposed redesignation action. In 
2008, the D.C. Circuit Court initially vacated CAIR, North Carolina v. 
EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule to 
EPA without vacatur to preserve the environmental benefits provided by 
CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On 
August 8, 2011 (76 FR 48208), acting on the D.C. Circuit Court's 
remand, EPA promulgated CSAPR, to address interstate transport of 
emissions and resulting secondary air pollutants and to replace 
CAIR.\1\ CSAPR requires substantial reductions of SO<INF>2</INF> and 
NO<INF>X</INF> emissions from electric generating units (EGUs) in 28 
states in the Eastern United States. Implementation of CSAPR was 
scheduled to begin on January 1, 2012, when CSAPR's cap-and-trade 
programs would have superseded the CAIR cap-and-trade programs. 
Numerous parties filed petitions for review of CSAPR, and on December 
30, 2011, the D.C. Circuit Court issued an order staying CSAPR pending 
resolution of the petitions and directing EPA to continue to administer 
CAIR. EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. 
Dec. 30, 2011), Order at 2. On August 21, 2012, the D.C. Circuit Court 
issued its ruling, vacating and remanding CSAPR to EPA and once again 
ordering continued implementation of CAIR. EME Homer City Generation, 
L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit Court 
subsequently denied EPA's petition for rehearing en banc. EME Homer 
City Generation, L.P. v. EPA, No. 11-1302, 2013 WL 656247 (D.C. Cir. 
Jan. 24, 2013), at *1. EPA and other parties then petitioned the 
Supreme Court for a writ of certiorari, and the Supreme Court granted 
the petitions on June 24, 2013. EPA v. EME Homer City Generation, L.P., 
133 S. Ct. 2857 (2013).
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    \1\ CAIR addressed the 1997 annual PM<INF>2.5</INF> NAAQS and 
the 1997 8-hour ozone NAAQS. CSAPR addresses contributions from 
upwind states to downwind nonattainment and maintenance of the 2006 
24-hour PM<INF>2.5</INF> NAAQS as well as the ozone and 
PM<INF>2.5</INF> NAAQS addressed by CAIR.
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    On April 29, 2014, the Supreme Court vacated and reversed the D.C. 
Circuit Court's decision regarding CSAPR, and remanded that decision to 
the D.C. Circuit Court to resolve remaining issues in accordance with 
its ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 
(2014). EPA moved to have the stay of CSAPR lifted by the D.C. Circuit 
Court in light of the Supreme Court decision. EME Homer City 
Generation, L.P. v. EPA, Case No. 11-1302, Document No. 1499505 (D.C. 
Cir. filed June 26, 2014). In its motion, EPA asked the D.C. Circuit 
Court to toll CSAPR's compliance deadlines by three years, so that the 
Phase 1 emissions budgets apply in 2015 and 2016 (instead of 2012 and 
2013), and the Phase 2 emissions budgets apply in 2017 and beyond 
(instead of 2014 and beyond). On October 23, 2014, the D.C. Circuit 
Court granted EPA's motion and lifted the stay of CSAPR which was 
imposed on December 30, 2011. EME Homer City Generation, L.P. v. EPA, 
No. 11-1302 (D.C. Cir. Oct. 23, 2014), Order at 3. On December 3, 2014, 
EPA issued an interim final rule to clarify how EPA will implement 
CSAPR consistent with the D.C. Circuit Court's order granting EPA's 
motion requesting lifting the stay and tolling the rule's deadlines. 
See 79 FR 71663 (December 3, 2014) (interim final rulemaking). 
Consistent with that rule, EPA began implementing CSAPR on January 1, 
2015.
2. Proposal on This Issue
    Because CAIR was promulgated in 2005 and incentivized sources and 
states to begin achieving early emission reductions, the air quality 
data examined by EPA in issuing a final determination of attainment for 
the Pennsylvania portion of the Area in 2012 (May 16, 2012, 77 FR 
28782) and the air quality data from the Area since 2005 necessarily 
reflect reductions in emissions from upwind sources as a result of 
CAIR, and Pennsylvania included CAIR as one of the measures that helped 
to bring the Area into attainment. However, modeling conducted by EPA 
during the CSAPR rulemaking process, which used a baseline emissions 
scenario that ``backed out'' the effects of CAIR, see 76 FR 48223, 
projected that the counties in the Philadelphia Area would have design 
values below the 1997 annual and the 2006 24-hour PM<INF>2.5</INF> 
NAAQS for 2012 and 2014 without taking into account emission reductions 
from CAIR or CSAPR. See Appendix B of EPA's ``Air Quality Modeling 
Final Rule Technical Support Document,'' (Pages

[[Page 8257]]

B-37, B-51, B-57, B-58, B-66, B-80, B-86), which is available in the 
docket for this proposed rulemaking action. In addition, the 2010-2012 
quality-assured, quality-controlled, and certified monitoring data for 
the Philadelphia Area confirms that the PM<INF>2.5</INF> annual design 
value for the Area remained well below the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS in 2012.
    The status of CSAPR is not relevant to this redesignation. CSAPR 
was promulgated in June 2011, and the rule was stayed by the D.C. 
Circuit Court just six months later, before the trading programs it 
created were scheduled to go into effect. As stated previously, EPA 
began implementing CSAPR on January 1, 2015, subsequent to the emission 
reductions documented in the Commonwealth's September 2014 request for 
redesignation. Therefore, the Philadelphia Area's attainment of the 
1997 annual PM<INF>2.5</INF> NAAQS or the 2006 24-hour PM<INF>2.5</INF> 
NAAQS cannot have been a result of any emission reductions associated 
with CSAPR. In summary, neither the status of CAIR nor the current 
status of CSAPR affects any of the criteria for proposed approval of 
this redesignation request for the Pennsylvania portion of the Area.

B. Effect of the D.C. Circuit Court Decision Regarding PM<INF>2.5</INF> 
Implementation Under Subpart 4 of Part D of Title I of the CAA

1. Background
    On January 4, 2013, in NRDC v. EPA, the D.C. Circuit Court remanded 
to EPA the ``Final Clean Air Fine Particle Implementation Rule'' (72 FR 
20586, April 25, 2007) and the ``Implementation of the New Source 
Review (NSR) Program for PM<INF>2.5</INF>'' final rule (73 FR 28321, 
May 16, 2008) (collectively, 1997 PM<INF>2.5</INF> Implementation 
Rule). 706 F.3d 428 (D.C. Cir. 2013). The D.C. Circuit Court found that 
EPA erred in implementing the 1997 annual PM<INF>2.5</INF> NAAQS 
pursuant to the general implementation provisions of subpart 1 of part 
D of Title I of the CAA (subpart 1), rather than the particulate-
matter-specific provisions of subpart 4 of part D of Title I (subpart 
4). Prior to the January 4, 2013 decision, the states had worked 
towards meeting the air quality goals of the 1997 and 2006 
PM<INF>2.5</INF> NAAQS in accordance with EPA regulations and guidance 
derived from subpart 1 of part D of Title I of the CAA. In response to 
the D.C. Circuit Court's remand, EPA took this history into account by 
setting a new deadline for any remaining submissions that may be 
required for moderate nonattainment areas as a result of the D.C. 
Circuit Court's decision regarding the applicability of subpart 4 of 
part D of Title I of the CAA.
    On June 2, 2014 (79 FR 31566), EPA issued a final rule, 
``Identification of Nonattainment Classification and Deadlines for 
Submission of SIP Provisions for the 1997 and 2006 PM<INF>2.5</INF> 
NAAQS'' (the PM<INF>2.5</INF> Subpart 4 Classification and Deadline 
Rule), which identifies the classification under subpart 4 for areas 
currently designated nonattainment for the 1997 annual and/or 2006 24-
hour PM<INF>2.5</INF> NAAQS. The rule set a deadline for states to 
submit attainment plans and meet other subpart 4 requirements. The rule 
specified December 31, 2014 as the deadline for states to submit any 
additional attainment-related SIP elements that may be needed to meet 
the applicable requirements of subpart 4 for areas currently designated 
nonattainment for the 1997 PM<INF>2.5</INF> and/or 2006 
PM<INF>2.5</INF> NAAQS and to submit SIPs addressing the nonattainment 
new source review (NSR) requirements in subpart 4.
    As explained in detail in the following section, since Pennsylvania 
submitted its request to redesignate the Pennsylvania portion of the 
Philadelphia Area on September 5, 2014, any additional attainment-
related SIP elements that may be needed for the Pennsylvania portion of 
the Area to meet the applicable requirements of subpart 4 were not due 
at the time Pennsylvania submitted its request to redesignate the 
Pennsylvania portion of the Area for the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS.
2. Proposal on This Issue
    In this proposed rulemaking action, EPA addresses the effect of the 
D.C. Circuit Court's January 4, 2013 ruling and the June 2, 2014 
PM<INF>2.5</INF> Subpart 4 Classification and Deadline Rule on the 
redesignation requests for the Area. EPA is proposing to determine that 
the D.C. Circuit Court's January 4, 2013 decision does not prevent EPA 
from redesignating the Area to attainment for the 1997 annual and the 
2006 24-hour PM<INF>2.5</INF> NAAQS. Even in light of the D.C. Circuit 
Court's decision, redesignation for this Area is appropriate under the 
CAA and EPA's longstanding interpretations of the CAA's provisions 
regarding redesignation. EPA first explains its longstanding 
interpretation that requirements that are imposed, or that become due, 
after a complete redesignation request is submitted for an area that is 
attaining the standard, are not applicable for purposes of evaluating a 
redesignation request. Second, EPA then shows that, even if EPA applies 
the subpart 4 requirements to the redesignation requests of the Area 
and disregards the provisions of its 1997 PM<INF>2.5</INF> 
Implementation Rule recently remanded by the D.C. Circuit Court, 
Pennsylvania's request for redesignation of the Area still qualifies 
for approval. EPA's discussion takes into account the effect of the 
D.C. Circuit Court's ruling and the June 2, 2014 PM<INF>2.5</INF> 
Subpart 4 Classification and Deadline Rule on the maintenance plans of 
the Area, which EPA views as approvable when subpart 4 requirements are 
considered.
a. Applicable Requirements Under Subpart 4 for Purposes of Evaluating 
the Redesignation Request of the Area
    With respect to the 1997 PM<INF>2.5</INF> Implementation Rule, the 
D.C. Circuit Court's January 4, 2013 ruling rejected EPA's reasons for 
implementing the PM<INF>2.5</INF> NAAQS solely in accordance with the 
provisions of subpart 1, and remanded that matter to EPA, so that it 
could address implementation of the PM<INF>2.5</INF> NAAQS under 
subpart 4 of Part D of the CAA, in addition to subpart 1. For the 
purposes of evaluating Pennsylvania's September 2014 redesignation 
request for the Area, to the extent that implementation under subpart 4 
would impose additional requirements for areas designated 
nonattainment, EPA believes that those requirements are not 
``applicable'' for the purposes of section 107(d)(3)(E) of the CAA, and 
thus EPA is not required to consider subpart 4 requirements with 
respect to the redesignation of the areas. Under its longstanding 
interpretation of the CAA, EPA has interpreted section 107(d)(3)(E) to 
mean, as a threshold matter, that the part D provisions which are 
``applicable'' and which must be approved in order for EPA to 
redesignate an area include only those which came due prior to a 
state's submittal of a complete redesignation request. See 1992 
Calcagni Memorandum. See also ``SIP Requirements for Areas Submitting 
Requests for Redesignation to Attainment of the Ozone and Carbon 
Monoxide (CO) NAAQS on or after November 15, 1992,'' Memorandum from 
Michael Shapiro, Acting Assistant Administrator, Air and Radiation, 
September 17, 1993 (Shapiro memorandum); Final Redesignation of 
Detroit-Ann Arbor, (60 FR 12459, 12465-66, March 7, 1995); Final 
Redesignation of St. Louis, Missouri, (68 FR 25418, 25424-27, May 12, 
2003); Sierra Club v. EPA, 375 F.3d 537, 541 (7th Cir. 2004) (upholding 
EPA's redesignation rulemaking applying this interpretation and 
expressly rejecting Sierra Club's view that the meaning of

[[Page 8258]]

``applicable'' under the statute is ``whatever should have been in the 
plan at the time of attainment rather than whatever actually was in the 
plan and already implemented or due at the time of attainment'').\2\ In 
this case, at the time that Pennsylvania submitted its redesignation 
request for the 1997 annual and the 2006 24-hour PM<INF>2.5</INF> 
NAAQS, the requirements under subpart 4 were not due.
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    \2\ Applicable requirements of the CAA that come due subsequent 
to the area's submittal of a complete redesignation request remain 
applicable until a redesignation is approved, but are not required 
as a prerequisite to redesignation. See section 175A(c) of the CAA.
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    EPA's view that, for purposes of evaluating the redesignation of 
the Pennsylvania portion of the Area, the subpart 4 requirements were 
not due at the time Pennsylvania submitted the redesignation request is 
in keeping with the EPA's interpretation of subpart 2 requirements for 
subpart 1 ozone areas redesignated subsequent to the D.C. Circuit 
Court's decision in South Coast Air Quality Mgmt. Dist. v. EPA, 472 
F.3d 882 (D.C. Cir. 2006). In South Coast, the D.C. Circuit Court found 
that EPA was not permitted to implement the 1997 8-hour ozone standard 
solely under subpart 1, and held that EPA was required under the 
statute to implement the standard under the ozone-specific requirements 
of subpart 2 as well. Subsequent to the South Coast decision, in 
evaluating and acting upon redesignation requests for the 1997 8-hour 
ozone standard that were submitted to EPA for areas under subpart 1, 
EPA applied its longstanding interpretation of the CAA that 
``applicable requirements,'' for purposes of evaluating a 
redesignation, are those that had been due at the time the 
redesignation request was submitted. See, e.g., Proposed Redesignation 
of Manitowoc County and Door County Nonattainment Areas (75 FR 22047, 
22050, April 27, 2010). In those rulemaking actions, EPA, therefore did 
not consider subpart 2 requirements to be ``applicable'' for the 
purposes of evaluating whether the area should be redesignated under 
section 107(d)(3)(E) of the CAA.
    EPA's interpretation derives from the provisions of section 
107(d)(3) of the CAA. Section 107(d)(3)(E)(v) states that, for an area 
to be redesignated, a state must meet ``all requirements `applicable' 
to the area under section 110 and part D.'' Section 107(d)(3)(E)(ii) 
provides that EPA must have fully approved the ``applicable'' SIP for 
the area seeking redesignation. These two sections read together 
support EPA's interpretation of ``applicable'' as only those 
requirements that came due prior to submission of a complete 
redesignation request.
    First, holding states to an ongoing obligation to adopt new CAA 
requirements that arose after the state submitted its redesignation 
request, in order to be redesignated, would make it problematic or 
impossible for EPA to act on redesignation requests in accordance with 
the 18-month deadline Congress set for EPA action in section 
107(d)(3)(D). If ``applicable requirements'' were interpreted to be a 
continuing flow of requirements with no reasonable limitation, states, 
after submitting a redesignation request, would be forced continuously 
to make additional SIP submissions that in turn would require EPA to 
undertake further notice-and-comment rulemaking actions to act on those 
submissions. This would create a regime of unceasing rulemaking that 
would delay action on the redesignation request beyond the 18-month 
timeframe provided by the CAA for this purpose.
    Second, a fundamental premise for redesignating a nonattainment 
area to attainment is that the area has attained the relevant NAAQS due 
to emission reductions from existing controls. Thus, an area for which 
a redesignation request has been submitted would have already attained 
the NAAQS as a result of satisfying statutory requirements that came 
due prior to the submission of the request. Absent a showing that 
unadopted and unimplemented requirements are necessary for future 
maintenance, it is reasonable to view the requirements applicable for 
purposes of evaluating the redesignation request as including only 
those SIP requirements that have already come due. These are the 
requirements that led to attainment of the NAAQS. To require, for 
redesignation approval, that a state also satisfy additional SIP 
requirements coming due after the state submits its complete 
redesignation request, and while EPA is reviewing it, would compel the 
state to do more than is necessary to attain the NAAQS, without a 
showing that the additional requirements are necessary for maintenance.
    In the context of this redesignation, the timing and nature of the 
D.C. Circuit Court's January 4, 2013 decision in NRDC v. EPA, and EPA's 
June 2, 2014 PM<INF>2.5</INF> Subpart 4 Classification and Deadline 
Rule compound the consequences of imposing requirements that come due 
after the redesignation request is submitted. Pennsylvania submitted 
its redesignation request for the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS on September 5, 2014 for the Pennsylvania 
portion of the Area, which is prior to the deadline by which the Area 
is required to meet the attainment plan and other requirements pursuant 
to subpart 4.
    To require Pennsylvania's fully-completed and pending redesignation 
request for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS to 
comply now with requirements of subpart 4 that the D.C. Circuit Court 
announced only in January 2013 and for which the December 31, 2014 
deadline to comply occurred subsequent to EPA's receipt of 
Pennsylvania's September 5, 2014 redesignation request, would be to 
give retroactive effect to such requirements and provide Pennsylvania a 
unique and earlier deadline for compliance solely on the basis of 
submitting its redesignation requests for the Area. The D.C. Circuit 
Court recognized the inequity of this type of retroactive impact in 
Sierra Club v. Whitman, 285 F.3d 63 (D.C. Cir. 2002),\3\ where it 
upheld the D.C. Circuit Court's ruling refusing to make retroactive 
EPA's determination that the areas did not meet their attainment 
deadlines. In that case, petitioners urged the D.C. Circuit Court to 
make EPA's nonattainment determination effective as of the date that 
the statute required, rather than the later date on which EPA actually 
made the determination. The D.C. Circuit Court rejected this view, 
stating that applying it ``would likely impose large costs on States, 
which would face fines and suits for not implementing air pollution 
prevention plans . . . even though they were not on notice at the 
time.'' Id. at 68. Similarly, it would be unreasonable to penalize 
Pennsylvania by rejecting its September 2014 redesignation request for 
an area that EPA previously determined was attaining the 1997 annual 
and 2006 24-hour PM<INF>2.5</INF> NAAQS and that met all applicable 
requirements known to be in effect at the time of the request. For EPA 
now to reject the redesignation request solely because Pennsylvania did 
not expressly address subpart 4 requirements which came due after 
receipt of such request and for which it had little to no notice, would 
inflict the same unfairness condemned by the D.C. Circuit Court in 
Sierra Club v. Whitman.
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    \3\ Sierra Club v. Whitman was discussed and distinguished in a 
recent D.C. Circuit Court decision that addressed retroactivity in a 
quite different context, where, unlike the situation here, EPA 
sought to give its regulations retroactive effect. National 
Petrochemical and Refiners Ass'n v. EPA, 630 F.3d 145, 163 (D.C. 
Cir. 2010), rehearing denied 643 F.3d 958 (D.C. Cir. 2011), cert 
denied 132 S. Ct. 571 (2011).

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[[Page 8259]]

b. Subpart 4 Requirements and Pennsylvania's Redesignation Request
    Even if EPA were to take the view that the D.C. Circuit Court's 
January 4, 2013 decision, or the June 2, 2014 PM<INF>2.5</INF> Subpart 
4 Classification and Deadline Rule, requires that, in the context of 
pending redesignation request for the 1997 annual and the 2006 24-hour 
PM<INF>2.5</INF> NAAQS, which were submitted prior to December 31, 
2014, subpart 4 requirements must be considered as being due and in 
effect, EPA proposes to determine that the Area still qualifies for 
redesignation to attainment for the 1997 annual and the 2006 24-hour 
PM<INF>2.5</INF> NAAQS. As explained subsequently, EPA believes that 
the redesignation request for the Area, though not expressed in terms 
of subpart 4 requirements, substantively meets the requirements of that 
subpart for purposes of redesignating the Area to attainment for the 
1997 annual and the 2006 24-hour PM<INF>2.5</INF> NAAQS.
    With respect to evaluating the relevant substantive requirements of 
subpart 4 for purposes of redesignating the Area, EPA notes that 
subpart 4 incorporates components of subpart 1 of part D, which 
contains general air quality planning requirements for areas designated 
as nonattainment. See section 172(c). Subpart 4 itself contains 
specific planning and scheduling requirements for coarse particulate 
matter (PM<INF>10</INF>) \4\ nonattainment areas, and under the D.C. 
Circuit Court's January 4, 2013 decision in NRDC v. EPA, these same 
statutory requirements also apply for PM<INF>2.5</INF> nonattainment 
areas. EPA has longstanding general guidance that interprets the 1990 
amendments to the CAA, making recommendations to states for meeting the 
statutory requirements for SIPs for nonattainment areas. See the 
General Preamble. In the General Preamble, EPA discussed the 
relationship of subpart 1 and subpart 4 SIP requirements, and pointed 
out that subpart 1 requirements were to an extent ``subsumed by, or 
integrally related to, the more specific PM<INF>10</INF> requirements'' 
(57 FR 13538, April 16, 1992). The subpart 1 requirements include, 
among other things, provisions for attainment demonstrations, RACM, 
RFP, emissions inventories, and contingency measures.
---------------------------------------------------------------------------

    \4\ PM<INF>10</INF> refers to particulates nominally 10 
micrometers in diameter or smaller.
---------------------------------------------------------------------------

    For the purposes of this redesignation request, in order to 
identify any additional requirements which would apply under subpart 4, 
consistent with EPA's June 2, 2014 PM<INF>2.5</INF> Subpart 4 
Classification and Deadline Rule, EPA is considering the areas to be 
``moderate'' PM<INF>2.5</INF> nonattainment areas. As EPA explained in 
its June 2, 2014 rule, section 188 of the CAA provides that all areas 
designated nonattainment areas under subpart 4 are initially classified 
by operation of law as ``moderate'' nonattainment areas, and remain 
moderate nonattainment areas unless and until EPA reclassifies the area 
as a ``serious'' nonattainment area. Accordingly, EPA believes that it 
is appropriate to limit the evaluation of the potential impact of 
subpart 4 requirements to those that would be applicable to moderate 
nonattainment areas. Sections 189(a) and (c) of subpart 4 apply to 
moderate nonattainment areas and include the following: (1) An approved 
permit program for construction of new and modified major stationary 
sources (section 189(a)(1)(A)); (2) an attainment demonstration 
(section 189(a)(1)(B)); (3) provisions for RACM (section 189(a)(1)(C)); 
and (4) quantitative milestones demonstrating RFP toward attainment by 
the applicable attainment date (section 189(c)).
    The permit requirements of subpart 4, as contained in section 
189(a)(1)(A), refer to and apply the subpart 1 permit provisions 
requirements of sections 172 and 173 to PM<INF>10</INF>, without adding 
to them. Consequently, EPA believes that section 189(a)(1)(A) does not 
itself impose for redesignation purposes any additional requirements 
for moderate areas beyond those contained in subpart 1.\5\ In any 
event, in the context of redesignation, EPA has long relied on the 
interpretation that a fully approved nonattainment NSR program is not 
considered an applicable requirement for redesignation, provided the 
area can maintain the standard with a prevention of significant 
deterioration (PSD) program after redesignation. A detailed rationale 
for this view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled, 
``Part D NSR Requirements for Areas Requesting Redesignation to 
Attainment.'' See also rulemakings for Detroit, Michigan (60 FR 12467-
12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 
20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, October 
23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June 21, 
1996). With respect to the specific attainment planning requirements 
under subpart 4,\6\ when EPA evaluates a redesignation request under 
either subpart 1 or 4, any area that is attaining the PM<INF>2.5</INF> 
NAAQS is viewed as having satisfied the attainment planning 
requirements for these subparts. For redesignations, EPA has for many 
years interpreted attainment-linked requirements as not applicable for 
areas attaining the standard. In the General Preamble, EPA stated that: 
``The requirements for RFP will not apply in evaluating a request for 
redesignation to attainment since, at a minimum, the air quality data 
for the area must show that the area has already attained. Showing that 
the State will make RFP towards attainment will, therefore, have no 
meaning at that point.''
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    \5\ The potential effect of section 189(e) on section 
189(a)(1)(A) for purposes of evaluating this redesignation is 
discussed in this rulemaking action.
    \6\ EPA refers to attainment demonstration, RFP, RACM, milestone 
requirements, and contingency measures.
---------------------------------------------------------------------------

    The General Preamble also explained that: ``[t]he section 172(c)(9) 
requirements are directed at ensuring RFP and attainment by the 
applicable date. These requirements no longer apply when an area has 
attained the standard and is eligible for redesignation. Furthermore, 
section 175A for maintenance plans . . . provides specific requirements 
for contingency measures that effectively supersede the requirements of 
section 172(c)(9) for these areas.'' Id. EPA similarly stated in its 
1992 Calcagni Memorandum that, ``The requirements for reasonable 
further progress and other measures needed for attainment will not 
apply for redesignations because they only have meaning for areas not 
attaining the standard.''
    It is evident that even if we were to consider the D.C. Circuit 
Court's January 4, 2013 decision in NRDC v. EPA, or the June 2, 2014 
PM<INF>2.5</INF> Subpart 4 Classification and Deadline Rule, to mean 
that attainment-related requirements specific to subpart 4 were either 
due prior to Pennsylvania's September 2014 redesignation request or 
became due subsequent to the September 2014 redesignation request and 
must now be imposed retroactively \7\, those requirements do not apply 
to areas that are attaining the 1997 annual and the 2006 24-hour 
PM<INF>2.5</INF> NAAQS, for the purpose of evaluating a pending request 
to redesignate the areas to attainment. EPA has consistently enunciated 
this interpretation of applicable requirements under section 
107(d)(3)(E) since the General Preamble was published more than twenty 
years

[[Page 8260]]

ago. Courts have recognized the scope of EPA's authority to interpret 
``applicable requirements'' in the redesignation context. See Sierra 
Club v. EPA, 375 F.3d 537 (7th Cir. 2004).
---------------------------------------------------------------------------

    \7\ As EPA has explained above, we do not believe that the D.C. 
Circuit Court's January 4, 2013 decision should be interpreted so as 
to impose these requirements on the states retroactively. Sierra 
Club v. Whitman, supra.
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    Moreover, even outside the context of redesignations, EPA has 
viewed the obligations to submit attainment-related SIP planning 
requirements of subpart 4 as inapplicable for areas that EPA determines 
are attaining the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS. 
EPA's prior ``Clean Data Policy'' rulemakings for the PM<INF>10</INF> 
NAAQS, also governed by the requirements of subpart 4, explain EPA's 
reasoning. They describe the effects of a determination of attainment 
on the attainment-related SIP planning requirements of subpart 4. See 
``Determination of Attainment for Coso Junction Nonattainment Area,'' 
(75 FR 27944, May 19, 2010). See also Coso Junction Proposed 
PM<INF>10</INF> Redesignation, (75 FR 36023, 36027, June 24, 2010); 
Proposed and Final Determinations of Attainment for San Joaquin 
Nonattainment Area (71 FR 40952, 40954-55, July 19, 2006; and 71 FR 
63641, 63643-47, October 30, 2006). In short, EPA in this context has 
also long concluded that to require states to meet superfluous SIP 
planning requirements is not necessary and not required by the CAA, so 
long as those areas continue to attain the relevant NAAQS.
    As stated previously in this proposed rulemaking, on May 16, 2012 
(77 FR 28782) and January 7, 2013 (78 FR 882), EPA made determinations 
that the entire Philadelphia Area had attained the 1997 annual and 2006 
24-hour PM<INF>2.5</INF> NAAQS, respectively. Pursuant to 40 CFR 
51.1004(c) and based on these determinations, the requirements for the 
Philadelphia Area to submit an attainment demonstration and associated 
RACM, a RFP plan, contingency measures, and other planning SIPs related 
to the attainment of either the 1997 annual or 2006 24-hour 
PM<INF>2.5</INF> NAAQS were, and continue to be, suspended until such 
time as: The Area is redesignated to attainment for each standard, at 
which time the requirements no longer apply; or EPA determines that the 
Area has again violated any of the standards, at which time such plans 
are required to be submitted. Under its longstanding interpretation, 
EPA is proposing to determine here that the Area meets the attainment-
related plan requirements of subparts 1 and 4 for the 1997 annual and 
the 2006 24-hour PM<INF>2.5</INF> NAAQS. Thus, EPA is proposing to 
conclude that the requirements to submit an attainment demonstration 
under 189(a)(1)(B), a RACM determination under section 172(c)(1) and 
section 189(a)(1)(c), a RFP demonstration under 189(c)(1), and 
contingency measure requirements under section 172(c)(9) are satisfied 
for purposes of evaluating this redesignation request.
c. Subpart 4 and Control of PM<INF>2.5</INF> Precursors
    The D.C. Circuit Court in NRDC v. EPA remanded to EPA the two rules 
at issue in the case with instructions to EPA to re-promulgate them 
consistent with the requirements of subpart 4. EPA in this section 
addresses the D.C. Circuit Court's opinion with respect to 
PM<INF>2.5</INF> precursors. While past implementation of subpart 4 for 
PM<INF>10</INF> has allowed for control of PM<INF>10</INF> precursors, 
such as NO<INF>X</INF> from major stationary, mobile, and area sources 
in order to attain the standard as expeditiously as practicable, 
section 189(e) of the CAA specifically provides that control 
requirements for major stationary sources of direct PM<INF>10</INF> 
shall also apply to PM<INF>10</INF> precursors from those sources, 
except where EPA determines that major stationary sources of such 
precursors ``do not contribute significantly to PM<INF>10</INF> levels 
which exceed the standard in the area.''
    EPA's 1997 PM<INF>2.5</INF> Implementation Rule, remanded by the 
D.C. Circuit Court, contained rebuttable presumptions concerning 
certain PM<INF>2.5</INF> precursors applicable to attainment plans and 
control measures related to those plans. Specifically, in 40 CFR 
51.1002, EPA provided, among other things, that a state was ``not 
required to address VOC [and NH<INF>3</INF>] as . . . PM<INF>2.5</INF> 
attainment plan precursor[s] and to evaluate sources of VOC [and 
NH<INF>3</INF>] emissions in the State for control measures.'' EPA 
intended these to be rebuttable presumptions. EPA established these 
presumptions at the time because of uncertainties regarding the 
emission inventories for these pollutants and the effectiveness of 
specific control measures in various regions of the country in reducing 
PM<INF>2.5</INF> concentrations. EPA also left open the possibility for 
such regulation of VOC and NH<INF>3</INF> in specific areas where that 
was necessary.
    The D.C. Circuit Court in its January 4, 2013 decision made 
reference to both section 189(e) and 40 CFR 51.1002, and stated that, 
``In light of our disposition, we need not address the petitioners' 
challenge to the presumptions in [40 CFR 51.1002] that VOCs and 
NH<INF>3</INF> are not PM<INF>2.5</INF> precursors, as subpart 4 
expressly governs precursor presumptions.'' NRDC v. EPA, at 27, n.10.
    Elsewhere in the D.C. Circuit Court's opinion, however, the D.C. 
Circuit Court observed: ``NH<INF>3</INF> is a precursor to fine 
particulate matter, making it a precursor to both PM<INF>2.5</INF> and 
PM<INF>10</INF>. For a PM<INF>10</INF> nonattainment area governed by 
subpart 4, a precursor is presumptively regulated. See 42 U.S.C. 
7513a(e) [section 189(e)].'' Id. at 21, n.7.
    For a number of reasons, the redesignation of the Pennsylvania 
portion of the Area for the 1997 annual and the 2006 24-hour 
PM<INF>2.5</INF> NAAQS is consistent with the D.C. Circuit Court's 
decision on this aspect of subpart 4. While the D.C. Circuit Court, 
citing section 189(e), stated that ``for a PM<INF>10</INF> area 
governed by subpart 4, a precursor is `presumptively' regulated,'' the 
D.C. Circuit Court expressly declined to decide the specific challenge 
to EPA's 1997 PM<INF>2.5</INF> Implementation Rule provisions regarding 
NH<INF>3</INF> and VOC as precursors. The D.C. Circuit Court had no 
occasion to reach whether and how it was substantively necessary to 
regulate any specific precursor in a particular PM<INF>2.5</INF> 
nonattainment area, and did not address what might be necessary for 
purposes of acting upon a redesignation request.
    However, even if EPA takes the view that the requirements of 
subpart 4 were deemed applicable at the time the state submitted the 
redesignation request, and disregards the 1997 PM<INF>2.5</INF> 
Implementation Rule's rebuttable presumptions regarding NH<INF>3</INF> 
and VOC as PM<INF>2.5</INF> precursors, the regulatory consequence 
would be to consider the need for regulation of all precursors from any 
sources in the Area to demonstrate attainment and to apply the section 
189(e) provisions to major stationary sources of precursors. In the 
case of the Pennsylvania portion of the Area, EPA believes that doing 
so is consistent with proposing redesignation of the Pennsylvania 
portion of the Area for the 1997 annual and the 2006 24-hour 
PM<INF>2.5</INF> NAAQS. The Pennsylvania portion of the Area has 
attained the 1997 annual and the 2006 24-hour PM<INF>2.5</INF> NAAQS 
without any specific additional controls of NH<INF>3</INF> and VOC 
emissions from any sources in the Pennsylvania portion of the Area.
    Precursors in subpart 4 are specifically regulated under the 
provisions of section 189(e), which requires, with important 
exceptions, control requirements for major stationary sources of 
PM<INF>10</INF> precursors.\8\ Under subpart 1 and EPA's prior 
implementation rule, all major

[[Page 8261]]

stationary sources of PM<INF>2.5</INF> precursors were subject to 
regulation, with the exception of NH<INF>3</INF> and VOC. Thus, EPA 
must address here whether additional controls of NH<INF>3</INF> and VOC 
from major stationary sources are required under section 189(e) of 
subpart 4 in order to redesignate the Pennsylvania portion of the Area 
for the 1997 annual and the 2006 24-hour PM<INF>2.5</INF> NAAQS. As 
explained subsequently, EPA does not believe that any additional 
controls of NH<INF>3</INF> and VOC are required in the context of this 
redesignation.
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    \8\ Under either subpart 1 or subpart 4, for purposes of 
demonstrating attainment as expeditiously as practicable, a state is 
required to evaluate all economically and technologically feasible 
control measures for direct PM emissions and precursor emissions, 
and adopt those measures that are deemed reasonably available.
---------------------------------------------------------------------------

    In the General Preamble, EPA discusses its approach to implementing 
section 189(e). See 57 FR 13538-13542. With regard to precursor 
regulation under section 189(e), the General Preamble explicitly stated 
that control of VOC under other CAA requirements may suffice to relieve 
a state from the need to adopt precursor controls under section 189(e). 
See 57 FR 13542. EPA in this rulemaking action, proposes to determine 
that the Pennsylvania SIP revision has met the provisions of section 
189(e) with respect to NH<INF>3</INF> and VOC as precursors. These 
proposed determinations are based on EPA's findings that: (1) The 
Pennsylvania portion of the Area contains no major stationary sources 
of NH<INF>3</INF>; and (2) existing major stationary sources of VOC are 
adequately controlled under other provisions of the CAA regulating the 
ozone NAAQS.\9\ In the alternative, EPA proposes to determine that, 
under the express exception provisions of section 189(e), and in the 
context of the redesignation of the Area, which is attaining the 1997 
annual and the 2006 24-hour PM<INF>2.5</INF> NAAQS, at present 
NH<INF>3</INF> and VOC precursors from major stationary sources do not 
contribute significantly to levels exceeding the 1997 annual and the 
2006 24-hour PM<INF>2.5</INF> NAAQS in the Area. See 57 FR 13539-42.
---------------------------------------------------------------------------

    \9\ The Areas have reduced VOC emissions through the 
implementation of various control programs including VOC Reasonably 
Available Control Technology (RACT) regulations and various on-road 
and non-road motor vehicle control programs.
---------------------------------------------------------------------------

    EPA notes that its 1997 PM<INF>2.5</INF> Implementation Rule 
provisions in 40 CFR 51.1002 were not directed at evaluation of 
PM<INF>2.5</INF> precursors in the context of redesignation, but at SIP 
plans and control measures required to bring a nonattainment area into 
attainment of the 1997 annual PM<INF>2.5</INF> NAAQS. By contrast, 
redesignation to attainment primarily requires the nonattainment area 
to have already attained due to permanent and enforceable emission 
reductions, and to demonstrate that controls in place can continue to 
maintain the standard. Thus, even if we regard the D.C. Circuit Court's 
January 4, 2013 decision as calling for ``presumptive regulation'' of 
NH<INF>3</INF> and VOC for PM<INF>2.5</INF> under the attainment 
planning provisions of subpart 4, those provisions in and of themselves 
do not require additional controls of these precursors for an area that 
already qualifies for redesignation. Nor does EPA believe that 
requiring Pennsylvania to address precursors differently than it has 
already would result in a substantively different outcome.
    Although, as EPA has emphasized, its consideration here of 
precursor requirements under subpart 4 is in the context of a 
redesignation to attainment, EPA's existing interpretation of subpart 4 
requirements with respect to precursors in attainment plans for 
PM<INF>10</INF> contemplates that states may develop attainment plans 
that regulate only those precursors that are necessary for purposes of 
attainment in the area in question, i.e., states may determine that 
only certain precursors need be regulated for attainment and control 
purposes.\10\ Courts have upheld this approach to the requirements of 
subpart 4 for PM<INF>10</INF>.\11\ EPA believes that application of 
this approach to PM<INF>2.5</INF> precursors under subpart 4 is 
reasonable. Because the Area has already attained the 1997 annual and 
the 2006 24-hour PM<INF>2.5</INF> NAAQS with its current approach to 
regulation of PM<INF>2.5</INF> precursors, EPA believes that it is 
reasonable to conclude in the context of these redesignations that 
there is no need to revisit the attainment control strategy with 
respect to the treatment of precursors. Even if the D.C. Circuit 
Court's decision is construed to impose an obligation, in evaluating 
this redesignation request, to consider additional precursors under 
subpart 4, it would not affect EPA's approval here of Pennsylvania's 
request for redesignation of the Pennsylvania portion of the Area for 
the 1997 annual and the 2006 24-hour PM<INF>2.5</INF> NAAQS. In the 
context of a redesignation, Pennsylvania has shown that the Area has 
attained the standards. Moreover, Pennsylvania has shown and EPA has 
proposed to determine that attainment of the 1997 annual and the 2006 
24-hour PM<INF>2.5</INF> NAAQS in this Area is due to permanent and 
enforceable emission reductions on all precursors necessary to provide 
for continued attainment of the standards. See Section V.A.3 of this 
rulemaking. It follows logically that no further control of additional 
precursors is necessary. Accordingly, EPA does not view the January 4, 
2013 decision of the D.C. Circuit Court as precluding redesignation of 
the Area to attainment for the 1997 annual and the 2006 24-hour 
PM<INF>2.5</INF> NAAQS at this time.
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    \10\ See, e.g., ``Approval and Promulgation of Implementation 
Plans for California--San Joaquin Valley PM<INF>10</INF> 
Nonattainment Area; Serious Area Plan for Nonattainment of the 24-
Hour and Annual PM<INF>10</INF> Standards,'' (69 FR 30006, May 26, 
2004) (approving a PM<INF>10</INF> attainment plan that impose 
controls on direct PM<INF>10</INF> and NO<INF>X</INF> emissions and 
did not impose controls on SO<INF>2</INF>, VOC, or NH<INF>3</INF> 
emissions).
    \11\ See, e.g., Assoc. of Irritated Residents v. EPA et al., 423 
F.3d 989 (9th Cir. 2005).
---------------------------------------------------------------------------

    In summary, even if, prior to submitting its September 2014 
redesignation request submittal or subsequent to such submission and 
prior to December 31, 2014, Pennsylvania was required to address 
precursors for the Pennsylvania portion of the Area under subpart 4 
rather than under subpart 1, as interpreted in EPA's remanded 1997 
PM<INF>2.5</INF> Implementation Rule, EPA would still conclude that the 
Pennsylvania portion of the Area had met all applicable requirements 
for purposes of redesignation in accordance with section 
107(d)(3(E)(ii) and (v) of the CAA.

V. EPA's Analysis of Pennsylvania's Submittal

    EPA is proposing several rulemaking actions for the Pennsylvania 
portion of the Area: (1) To redesignate the Pennsylvania portion of the 
Area to attainment for both the 1997 annual and the 2006 24-hour 
PM<INF>2.5</INF> NAAQS; and (2) to approve into the Pennsylvania SIP 
the associated maintenance plan for both the 1997 annual and the 2006 
24-hour PM<INF>2.5</INF> NAAQS. EPA is also proposing in this 
rulemaking action to approve the 2007 comprehensive emissions inventory 
to satisfy section 172(c)(3) requirement for the 2006 24-hour 
PM<INF>2.5</INF> NAAQS, which is one of the criteria for redesignation. 
EPA's proposed approval of the redesignation request and maintenance 
plan for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS are 
based upon EPA's determination that the Area continues to attain both 
standards, which EPA is proposing in this rulemaking action, and that 
all other redesignation criteria have been met for the Pennsylvania 
portion of the Area. The following is a description of how 
Pennsylvania's September 5, 2014 submittal satisfies the requirements 
of the CAA including specifically section 107(d)(3)(E) for the 1997 
annual and 2006 24-hour PM<INF>2.5</INF> NAAQS.

A. Redesignation Request

1. Attainment
    As discussed previously in this proposed rulemaking action, in a 
final

[[Page 8262]]

rulemaking action dated May 16, 2012 (77 FR 28782), EPA determined that 
the entire Philadelphia Area attained the 1997 annual PM<INF>2.5</INF> 
NAAQS by its applicable attainment date, based upon quality-assured and 
certified ambient air quality monitoring data for the period of 2007-
2009, and continued to attain that standard based upon quality-assured 
and certified ambient air quality monitoring data for the period of 
2008-2010. In a separate rulemaking action dated January 7, 2013 (78 FR 
882), EPA determined that the Philadelphia Area attained the 2006 24-
hour PM<INF>2.5</INF> NAAQS, based on quality-assured and certified 
ambient air quality monitoring data for 2008-2010 and 2009-2011. The 
basis and effect of these determinations of attainment for both the 
1997 and 2006 PM<INF>2.5</INF> NAAQS were discussed in the notices of 
the proposed (77 FR 3147 and 77 FR 60089, respectively) and final (77 
FR 28782 and 78 FR 882, respectively) rulemakings.
    EPA has reviewed the ambient air quality PM<INF>2.5</INF> 
monitoring data in the Philadelphia Area, consistent with the 
requirements contained in 40 CFR part 50, and recorded in EPA's Air 
Quality System (AQS), including quality-assured, quality-controlled, 
and state-certified data for the monitoring periods 2009-2011, 2010-
2012, 2011-2013, and preliminary data for 2012-2014. The air quality 
data, included in the docket for this proposed rulemaking action, show 
that the Philadelphia Area continues to attain both the 1997 annual and 
2006 24-hour PM<INF>2.5</INF> NAAQS. The Area's annual and 24-hour 
PM<INF>2.5</INF> design values \12\ are provided in Tables 1 and 2, 
respectively.
---------------------------------------------------------------------------

    \12\ As defined in 40 CFR part 50, Appendix N, section (1)(c).

     Table 1--Philadelphia Area's Annual Design Values for the 1997 Annual PM2.5 Standard for the 2009-2013
                                       Monitoring Periods, in [mu]g/m \3\
----------------------------------------------------------------------------------------------------------------
                                                                       Annual design values
                                                 ---------------------------------------------------------------
             State                   County                                                         Preliminary
                                                     2009-2011       2010-2012       2011-2013       2012-2014
----------------------------------------------------------------------------------------------------------------
Delaware......................  New Castle......            10.7            10.4            10.0             9.9
New Jersey....................  Camden..........             9.7             9.7            10.1            10.5
                                                 ---------------------------------------------------------------
                                Burlington......                            No monitor
                                                 ---------------------------------------------------------------
                                Gloucester......             9.3             9.3             9.3             9.4
Pennsylvania..................  Bucks...........            10.9            10.9            10.8            10.6
                                Chester.........            13.7            12.3            11.1             9.9
                                Delaware........            12.9            13.1            12.4            12.3
                                Montgomery......            10.1             9.8             9.8             9.3
                                Philadelphia....            11.4            11.0            11.1            12.4
----------------------------------------------------------------------------------------------------------------
           Area's Annual Design Value                       13.7            13.1            12.4            12.4
----------------------------------------------------------------------------------------------------------------
Source: AQS Design Value Report dated December 12, 2014.


    Table 2-- Philadelphia Area's 24-Hour Design Values for the 2006 24-Hour PM2.5 Standard for the 2009-2013
                                       Monitoring Periods, in [mu]g/m \3\
----------------------------------------------------------------------------------------------------------------
                                                                       24-Hour design values
                                                 ---------------------------------------------------------------
             State                   County                                                         Preliminary
                                                     2009-2011       2010-2012       2011-2013       2012-2014
----------------------------------------------------------------------------------------------------------------
Delaware......................  New Castle......              27              26              25              25
New Jersey....................  Camden..........              24              23              25              26
                                                 ---------------------------------------------------------------
                                Burlington......                            No monitor
                                                 ---------------------------------------------------------------
                                Gloucester......              22              22              23              24
Pennsylvania..................  Bucks...........              28              29              30              30
                                Chester.........              33              31              28              26
                                Delaware........              30              31              29              30
                                Montgomery......              27              25              26              25
                                Philadelphia....              34              29              28              30
----------------------------------------------------------------------------------------------------------------
           Area's Annual Design Value                         34              31              30              30
----------------------------------------------------------------------------------------------------------------
Source: AQS Design Value Report dated December 12, 2014.

    EPA's review of the monitoring data from 2009 through 2013 supports 
EPA's previous determinations that the Area has attained the 1997 
annual and 2006 24-hour PM<INF>2.5</INF> NAAQS, and that the Area 
continues to attain both standards. Preliminary 2014 data, currently 
uncertified, is consistent with a finding that the Area is expected to 
continue to attain both standards. States are required to certify 2014 
data by May 1, 2015. In addition, as discussed subsequently, with 
respect to the maintenance plan, Pennsylvania has committed to continue 
monitoring ambient PM<INF>2.5</INF> concentrations in accordance with 
40 CFR part 58. Thus, based upon an analysis of currently

[[Page 8263]]

available data, EPA is proposing to determine that the Philadelphia 
Area continues to attain the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS.
2. The Area Has Met All Applicable Requirements Under Section 110 and 
Subpart 1 of the CAA and Has a Fully Approved SIP Under Section 110(k)
    In accordance with section 107(d)(3)(E)(v), the SIP revision for 
the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS for the 
Pennsylvania portion of the Philadelphia Area must be fully approved 
under section 110(k) and all the requirements applicable to the 
Pennsylvania portion of the Area under section 110 of the CAA (general 
SIP requirements) and part D of Title I of the CAA (SIP requirements 
for nonattainment areas) must be met.
a. Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general 
requirements for a SIP, which include enforceable emissions limitations 
and other control measures, means, or techniques, provisions for the 
establishment and operation of appropriate devices necessary to collect 
data on ambient air quality, and programs to enforce the limitations. 
The general SIP elements and requirements set forth in section 
110(a)(2) include, but are not limited to the following:
    <bullet> Submittal of a SIP that has been adopted by the state 
after reasonable public notice and hearing;
    <bullet> Provisions for establishment and operation of appropriate 
procedures needed to monitor ambient air quality;
    <bullet> Implementation of a minor source permit program; 
provisions for the implementation of Part C requirements (PSD);
    <bullet> Provisions for the implementation of Part D requirements 
for NSR permit programs;
    <bullet> Provisions for air pollution modeling; and
    <bullet> Provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain certain 
measures to prevent sources in a state from significantly contributing 
to air quality problems in another state. To implement this provision 
for various NAAQS, EPA has required certain states to establish 
programs to address transport of air pollutants in accordance with 
EPA's Finding of Significant Contribution and Rulemaking for Certain 
States in the Ozone Transport Assessment Group Region for Purposes of 
Reducing Regional Transport of Ozone (63 FR 57356, October 27, 1998), 
also known as the NO<INF>X</INF> (oxides of nitrogen) SIP Call; 
amendments to the NO<INF>X</INF> SIP Call (64 FR 26298, May 14, 1999 
and 65 FR 11222, March 2, 2000), and CAIR (70 FR 25162, May 12, 2005), 
and CSAPR. However, section 110(a)(2)(D) requirements for a state are 
not linked with a particular nonattainment area's designation and 
classification in that state. EPA believes that the requirements linked 
with a particular nonattainment area's designation and classifications 
are the relevant measures to evaluate in reviewing a redesignation 
request. The transport SIP submittal requirements, where applicable, 
continue to apply to a state regardless of the designation of any one 
particular area in the state. Thus, EPA does not believe that these 
requirements are applicable requirements for purposes of redesignation.
    In addition, EPA believes that the other section 110(a)(2) elements 
not connected with nonattainment plan submissions and not linked with 
an area's attainment status are not applicable requirements for 
purposes of redesignation. The Pennsylvania portion of the Philadelphia 
Area will still be subject to these requirements after it is 
redesignated. EPA concludes that the section 110(a)(2) and part D 
requirements which are linked with a particular area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request, and that section 110(a)(2) elements not linked 
to the area's nonattainment status are not applicable for purposes of 
redesignation. This approach is consistent with EPA's existing policy 
on applicability of conformity (i.e., for redesignations) and 
oxygenated fuels requirement. See Reading, Pennsylvania, proposed and 
final rulemakings (61 FR 53174, October 10, 1996), (62 FR 24826, May 7, 
1997); Cleveland-Akron-Lorain, Ohio final rulemaking (61 FR 20458, May 
7, 1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 
7, 1995). See also, the discussion on this issue in the Cincinnati, 
Ohio redesignation (65 FR at 37890, June 19, 2000), and in the 
Pittsburgh-Beaver Valley, Pennsylvania redesignation (66 FR at 53099, 
October 19, 2001).
    EPA has reviewed the Pennsylvania SIP and has concluded that it 
meets the general SIP requirements under section 110(a)(2) of the CAA 
to the extent they are applicable for purposes of redesignation. EPA 
has previously approved provisions of Pennsylvania's SIP addressing 
section 110(a)(2) requirements, including provisions addressing 
PM<INF>2.5</INF>. See 77 FR 58955 (September 25, 2012). These 
requirements are, however, statewide requirements that are not linked 
to the PM<INF>2.5</INF> nonattainment status of the Philadelphia Area. 
Therefore, EPA believes that these SIP elements are not applicable 
requirements for purposes of review of the Commonwealth's 
PM<INF>2.5</INF> redesignation request.
b. Subpart 1 Requirements
    Subpart 1 sets forth the basic nonattainment plan requirements 
applicable to PM<INF>2.5</INF> nonattainment areas. Under section 172, 
states with nonattainment areas must submit plans providing for timely 
attainment and must meet a variety of other requirements.
    The General Preamble for Implementation of Title I discusses the 
evaluation of these requirements in the context of EPA's consideration 
of a redesignation request. The General Preamble sets forth EPA's view 
of applicable requirements for purposes of evaluating redesignation 
requests when an area is attaining the standard. See 57 FR 13498, April 
16, 1992.
    As mentioned previously, on May 16, 2012 (77 FR 28782), EPA made a 
determination that the Philadelphia Area had attained the 1997 annual 
PM<INF>2.5</INF> NAAQS. This determination of attainment was based upon 
quality-assured and certified ambient air quality monitoring data for 
the period of 2007-2009 showing that the entire Area had attained the 
standard by its applicable attainment date, and 2008-2010 data showing 
that the Area continued to attain the standard. In a separate 
rulemaking action, dated January 7, 2013 (78 FR 882), EPA made a 
determination of attainment for the Philadelphia Area for the 2006 24-
hour PM<INF>2.5</INF> NAAQS, based on quality-assured and certified 
ambient air quality monitoring data for the 2008-2010 and 2009-2011 
monitoring periods.
    Pursuant to 40 CFR 51.2004(c), upon these determinations by EPA 
that the Area has attained the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS, the requirement for Pennsylvania to submit for 
the Pennsylvania portion of the Area an attainment demonstration and 
associated RACM, a RFP plan, contingency measures, and other planning 
SIPs related to the attainment of the 1997 annual and the 2006 24-hour 
PM<INF>2.5</INF> NAAQS were suspended until the Pennsylvania portion of 
the Area is redesignated to attainment for each standard or EPA 
determines that the Area has again violated either of the standards, at 
which time such plans are required to be submitted. Thus, because

[[Page 8264]]

attainment has been reached for the Area for the 1997 annual and 2006 
24-hour PM<INF>2.5</INF> NAAQS and the Area continues to attain both 
standards, no additional measures are needed to provide for attainment. 
Therefore, the requirements of sections 172(c)(1), 172(c)(2), 
172(c)(6), and 172(c)(9) are no longer considered to be applicable for 
purposes of redesignation of the Area for both standards.
    However, determinations of attainment do not preclude states from 
submitting and EPA from approving planning SIP revisions for the 1997 
or 2006 PM<INF>2.5</INF> NAAQS. On April 12, 2010, as amended on August 
2, 2012, PADEP submitted an attainment plan for the Pennsylvania 
portion of the Philadelphia Area for the 1997 annual PM<INF>2.5</INF> 
NAAQS, which included a 2002 comprehensive emissions inventory. On 
August 28, 2012 (77 FR 51930), EPA approved Pennsylvania's attainment 
plan for the 1997 PM<INF>2.5</INF> NAAQS for the Pennsylvania portion 
of the Philadelphia Area, which included the 2002 emissions inventory, 
MVEBs for transportation conformity purposes for the five counties in 
the Pennsylvania portion of the Philadelphia Area, and contingency 
measures.
    Section 172(c)(4) of the CAA requires the identification and 
quantification of allowable emissions for major new and modified 
stationary sources in an area, and section 172(c)(5) requires source 
permits for the construction and operation of new and modified major 
stationary sources anywhere in the nonattainment area. EPA has 
determined that, since PSD requirements will apply after redesignation, 
areas being redesignated need not comply with the requirement that a 
nonattainment NSR program be approved prior to redesignation, provided 
that the area demonstrates maintenance of the NAAQS without part D NSR. 
A more detailed rationale for this view is described in a memorandum 
from Mary Nichols, Assistant Administrator for Air and Radiation, dated 
October 14, 1994, entitled, ``Part D New Source Review Requirements for 
Areas Requesting Redesignation to Attainment.'' Nevertheless, 
Pennsylvania currently has an approved NSR program codified in 
Pennsylvania's regulation at 25 Pa. Code 127.201 et seq. See 77 FR 
41276 (July 13, 2012) (approving NSR program into the SIP). See also 49 
FR 33127 (August 21, 1984) (approving Pennsylvania's PSD program). 
However, Pennsylvania's PSD program for PM<INF>2.5</INF> will become 
effective in the Philadelphia Area upon redesignation to attainment.
    Section 172(c)(7) of the CAA requires the SIP to meet the 
applicable provisions of section 110(a)(2). As noted previously, EPA 
believes the Pennsylvania SIP meets the requirements of section 
110(a)(2) that are applicable for purposes of redesignation.
    As a result of EPA's determinations of attainment of the Area for 
the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS, respectively, 
the only remaining requirement under section 172 to be considered for 
the 2006 24-hour PM<INF>2.5</INF> standard is the comprehensive 
emissions inventory required under section 172(c)(3). Section 172(c)(3) 
of the CAA requires submission of a comprehensive, accurate, and 
current inventory of actual emissions. For purposes of the 
PM<INF>2.5</INF> NAAQS, this emissions inventory should address not 
only direct emissions of PM<INF>2.5</INF>, but also emissions of all 
precursors with the potential to participate in PM<INF>2.5</INF> 
formation, i.e., SO<INF>2</INF>, NO<INF>X</INF>, VOC and 
NH<INF>3</INF>.
    PADEP's April 12, 2010 attainment plan submittal, as amended on 
August 2, 2012, for the 1997 annual PM<INF>2.5</INF> NAAQS is relevant 
to this proposed rulemaking action to redesignate the Pennsylvania 
portion of the Area only with respect to the comprehensive emissions 
inventory requirement of section 172(c)(3) for the 1997 annual 
PM<INF>2.5</INF> NAAQS. On August 28, 2012 (77 FR 51930), EPA approved 
the 2002 comprehensive emissions inventory included in the attainment 
plan for the 1997 annual PM<INF>2.5</INF> NAAQS, to meet the 
requirement of section 172(c)(3) for this standard. The 2002 
comprehensive emissions inventory for the 1997 annual PM<INF>2.5</INF> 
NAAQS includes emissions estimates that cover the general source 
categories of point sources, area sources, on-road mobile sources, and 
non-road mobile sources. The pollutants that comprise the 2002 
emissions inventory are PM<INF>2.5</INF>, NO<INF>X</INF>, 
SO<INF>2</INF>, VOC, and NH<INF>3</INF>. An evaluation of 
Pennsylvania's 2002 comprehensive emissions inventory for the 
Philadelphia portion of the Area is provided in the Technical Support 
Document (TSD) prepared by EPA for the August 28, 2012 rulemaking 
action. See Docket ID No. EPA-R03-OAR-2010-0391.
    To satisfy the 172(c)(3) requirement for the 2006 24-hour 
PM<INF>2.5</INF> NAAQS, Pennsylvania's September 5, 2014 redesignation 
request and maintenance plan for the 2006 24-hour PM<INF>2.5</INF> 
NAAQS contains a 2007 comprehensive emissions inventory. PADEP has 
submitted the 2007 emissions inventory to fulfill its obligation to 
submit a comprehensive inventory under CAA section 172(c)(3), because 
that inventory has gone through extensive quality assurance. The 2007 
emissions inventory was the most current, accurate and comprehensive 
emissions inventory of direct PM<INF>2.5</INF>, NO<INF>X</INF>, 
SO<INF>2</INF>, VOC, and NH<INF>3</INF> for the Area. Thus, as part of 
this rulemaking action, EPA is proposing to approve Pennsylvania's 2007 
comprehensive emissions inventory for the 2006 24-hour PM<INF>2.5</INF> 
NAAQS as satisfying the requirement of section 172(c)(3) of the CAA for 
this standard. Final approval of the 2007 base year emissions inventory 
will satisfy the emissions inventory requirement under section 
172(c)(3) of the CAA for the 2006 24-hour PM<INF>2.5</INF> NAAQS. The 
2007 comprehensive emissions inventory addresses the general source 
categories of point sources, area sources, on-road mobile sources, and 
non-road mobile sources. A summary of the 2007 comprehensive emissions 
inventory is shown in Table 3. For more information on EPA's analysis 
of the 2007 emissions inventory, see the TSD prepared by the EPA Region 
III Office of Air Monitoring and Analysis dated December 23, 2014, 
``Technical Support Document (TSD) for the Redesignation Request and 
Maintenance Plan for the Pennsylvania Portion of the Philadelphia-
Wilmington, PA-NJ-DE 1997 PM<INF>2.5</INF> Nonattainment Area'' and 
``Technical Support Document (TSD) for the Redesignation Request and 
Maintenance Plan for the Pennsylvania Portion of the Philadelphia-
Wilmington, PA-NJ-DE 2006 PM<INF>2.5</INF> Nonattainment Area'' 
(``Inventory TSDs''), available in the docket for this rulemaking 
action at www.regulations.gov. See Docket ID No. EPA-R03-OAR-2014-0868.

         Table 3--2007 Emissions for the Pennsylvania Portion of the Philadelphia Area, in Tons per Year
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
             Sector                    PM2.5            NOX             SO2             VOC             NH3
----------------------------------------------------------------------------------------------------------------
Point...........................           2,444          20,744          19,633           6,281             743
Area............................           7,722          12,925          15,005          47,568           3,293

[[Page 8265]]

 
Onroad..........................           2,386          69,327             508          29,293           1,270
Nonroad.........................           1,562          20,393           3,375          18,751              23
                                 -------------------------------------------------------------------------------
    Total.......................          14,114         123,390          38,520         101,894           5,329
----------------------------------------------------------------------------------------------------------------

    Section 175A requires a state seeking redesignation to attainment 
to submit a SIP revision to provide for the maintenance of the NAAQS in 
the area ``for at least 10 years after the redesignation.'' In 
conjunction with its request to redesignate the Pennsylvania portion of 
the Area to attainment status, Pennsylvania submitted a SIP revision on 
September 5, 2014 to provide for maintenance of the 1997 annual and 
2006 24-hour PM<INF>2.5</INF> NAAQS in the Pennsylvania portion of the 
Area for at least 10 years after redesignation, throughout 2025. 
Pennsylvania is requesting that EPA approve this SIP revision as 
meeting the requirement of CAA section 175A for both NAAQS. Once 
approved, the maintenance plan for the Pennsylvania portion of the Area 
will ensure that the SIP for Pennsylvania meets the requirements of the 
CAA regarding maintenance of the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS for the Pennsylvania portion of the Area. EPA's 
analysis of the maintenance plan is provided in Section V.B. of this 
proposed rulemaking action.
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that Federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects that are developed, funded or approved under 
Title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other Federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement and enforceability 
which EPA promulgated pursuant to its authority under the CAA. EPA 
interprets the conformity SIP requirements as not applying for purposes 
of evaluating a redesignation request under CAA section 107(d) because 
state conformity rules are still required after redesignation, and 
Federal conformity rules apply where state rules have not been 
approved. See Wall v. EPA, 265 F. 3d 426 (6th Cir. 2001) (upholding 
this interpretation) and (60 FR 62748, December 7, 1995) (discussing 
Tampa, Florida).
    Thus, for purposes of redesignating to attainment the Pennsylvania 
portion of the Area for the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS, EPA determines that Pennsylvania has met all 
the applicable SIP requirements under part D of Title I of the CAA. EPA 
also determines that upon final approval of the 2007 comprehensive 
emissions inventory as proposed in this rulemaking action, Pennsylvania 
will also meet all the applicable SIP requirements under part D of 
Title I of the CAA for purposes of redesignating the Area to attainment 
for the 2006 24-hour PM<INF>2.5</INF> NAAQS.
c. The Pennsylvania Portion of the Area Has a Fully Approved Applicable 
SIP Under Section 110(k) of the CAA
    For purposes of redesignation to attainment for the 1997 annual 
PM<INF>2.5</INF> NAAQS, EPA has fully approved all applicable 
requirements of Pennsylvania's SIP for the Pennsylvania portion for the 
Area in accordance with section 110(k) of the CAA. Upon final approval 
of the 2007 comprehensive emissions inventory as proposed in this 
rulemaking action, EPA will have fully approved all applicable 
requirements of Pennsylvania's SIP for the Pennsylvania portion of the 
Area for purposes of redesignation to attainment for the 2006 24-hour 
PM<INF>2.5</INF> NAAQS in accordance with section 110(k) of the CAA.
3. Permanent and Enforceable Reductions in Emissions
    For redesignating a nonattainment area to attainment, section 
107(d)(3)(E)(iii) requires EPA to determine that the air quality 
improvement in the area is due to permanent and enforceable reductions 
in emissions resulting from implementation of the SIP and applicable 
Federal air pollution control regulations and other permanent and 
enforceable reductions. Pennsylvania has calculated the change in 
emissions between 2002, a year showing nonattainment for the 1997 
annual PM<INF>2.5</INF> NAAQS in the Pennsylvania portion of the 
Philadelphia Area, and 2007, one of the years for which the 
Philadelphia Area monitored attainment for the 1997 annual 
PM<INF>2.5</INF> NAAQS. For the 2006 24-hour daily standard, 2008 was a 
year in which the Area attained the standard. Appendix F-1 of 
Pennsylvania's September 5, 2014 submittal provides a comparison 
between the 2007 and the 2008 inventories, and the projected reductions 
between 2025 and 2007 and between 2025 and 2008. The analysis shows 
that the 2007 emission inventory is comparable to the 2008 emission 
inventory for the Philadelphia portion of the Area. Pennsylvania has 
shown that the 2007 emission inventory is an appropriate and 
representative emission inventory to use as a surrogate for the 2008 
inventory.
    A summary of the emissions reductions of PM<INF>2.5</INF>, 
NO<INF>X</INF>, SO<INF>2</INF>, VOC, and NH<INF>3</INF> from 2002 to 
2007 in the Pennsylvania portion of the Philadelphia Area, submitted by 
PADEP, is provided in Table 4. For more information on EPA's analysis 
of the 2007 emissions inventories, see EPA's Inventory TSDs, dated 
December 23, 2014, available in the docket for this rulemaking action 
at www.regulations.gov.

[[Page 8266]]



       Table 4--Emission Reductions From 2002 to 2007 in the Pennsylvania Portion of the Philadelphia Area
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Percent
                                     Sector            2002            2007        Net reduction  reduction 2002-
                                                                                     2002-2007         2007
----------------------------------------------------------------------------------------------------------------
PM2.5.........................  Point...........           2,139           2,444            -305           -14.3
                                Area............          10,020           7,722           2,298            22.7
                                On-road.........           2,905           2,386             518            17.8
                                Non-road........           1,535           1,562             -27            -1.8
                                                 ---------------------------------------------------------------
                                   Total........          16,598          14,114           2,484            15.0
                               ---------------------------------------------------------------------------------
NOX...........................  Point...........          22,124          20,744           1,380             6.2
                                Area............          13,029          12,925             105             0.8
                                On-road.........          90,879          69,327          21,552            23.7
                                Non-road........          21,619          20,393           1,226             5.7
                                                 ---------------------------------------------------------------
                                   Total........         147,651         123,390          24,262            16.3
                               ---------------------------------------------------------------------------------
SO2...........................  Point...........          23,745          19,633           4,112            17.3
                                Area............          13,153          15,005          -1,852           -14.1
                                On-road.........           1,848             508           1,340            72.6
                                Non-road........           1,640           3,375          -1,735            -1.1
                                                 ---------------------------------------------------------------
                                   Total........          40,387          38,520           1,866             4.6
                               ---------------------------------------------------------------------------------
VOC...........................  Point...........           8,183           6,281           1,903            23.3
                                Area............          59,227          47,568          11,659            19.7
                                On-road.........          32,150          29,293           2,856             8.9
                                Non-road........          21,589          18,751           2,838            13.1
                                                 ---------------------------------------------------------------
                                   Total........         121,149         101,894          19,256            15.9
                               ---------------------------------------------------------------------------------
NH3...........................  Point...........             256             743            -487            -190
                                Area............           4,821           3,293           1,529            31.7
                                On-road.........           1,451           1,270             181            12.5
                                Non-road........              14              23              -9           -64.3
                                                 ---------------------------------------------------------------
                                   Total........           6,542           5,329           1,213            18.5
----------------------------------------------------------------------------------------------------------------

    The reduction in emissions and the corresponding improvement in air 
quality from 2002 to 2007 for the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS, respectively, in the Pennsylvania portion of 
the Philadelphia Area can be attributed to a number of regulatory 
control measures that have been implemented in the Area and 
contributing areas in recent years.
a. Federal Measures Implemented
    Reductions in PM<INF>2.5</INF> precursor emissions have occurred 
statewide and in upwind states as a result of Federal emission control 
measures, with additional emission reductions expected to occur in the 
future.
Control of NO<INF>X</INF> and SO<INF>2</INF>
    PM<INF>2.5</INF> concentrations in the Philadelphia Area are 
impacted by the transport of sulfates and nitrates, and the Area's air 
quality is strongly affected by regulation of SO<INF>2</INF> and 
NO<INF>X</INF> emissions from power plants.
    NOX SIP Call--On October 27, 1998 (63 FR 57356), EPA issued the 
NO<INF>X</INF> SIP Call requiring the District of Columbia and 22 
states to reduce emissions of NO<INF>X</INF>, a precursor to ozone 
pollution.\13\ Affected states were required to comply with Phase I of 
the SIP Call beginning in 2004 and Phase II beginning in 2007. Emission 
reductions resulting from regulations developed in response to the 
NO<INF>X</INF> SIP Call are permanent and enforceable. By imposing an 
emissions cap regionally, the NO<INF>X</INF> SIP Call reduced 
NO<INF>X</INF> emissions from large EGUs and large non-EGUs such as 
industrial boilers, internal combustion engines, and cement kilns. In 
response to the NO<INF>X</INF> SIP Call, Pennsylvania adopted its 
NO<INF>X</INF> Budget Trading Program regulations for EGUs and large 
industrial boilers, with emission reductions starting in May 2003. 
Pennsylvania's NO<INF>X</INF> Budget Trading Program regulation was 
approved into the Pennsylvania SIP on August 21, 2001 (66 FR 43795). To 
meet other requirements of the NO<INF>X</INF> SIP Call, Pennsylvania 
adopted NO<INF>X</INF> control regulations for cement plants and 
internal combustion engines, with emission reductions starting in May 
2005. These regulations were approved into the Pennsylvania SIP on 
September 29, 2006 (71 FR 57428).
---------------------------------------------------------------------------

    \13\ Although the NO<INF>X</INF> SIP Call was issued in order to 
address ozone pollution, reductions of NO<INF>X</INF> as a result of 
that program have also impacted PM<INF>2.5</INF> pollution, for 
which NO<INF>X</INF> is also a precursor emission.
---------------------------------------------------------------------------

    CAIR--As previously noted, CAIR (70 FR 25162, May 12, 2005) created 
regional cap-and-trade programs to reduce SO<INF>2</INF> and 
NO<INF>X</INF> emissions in 27 eastern states, including Pennsylvania. 
EPA approved the Commonwealth's CAIR regulation, codified in 25 Pa. 
Code Chapter 145, Subchapter D, into the Pennsylvania SIP on December 
10, 2009 (74 FR 65446). In 2009, the CAIR ozone season NO<INF>X</INF> 
trading program superseded the NO<INF>X</INF> Budget Trading Program, 
although the emission reduction obligations of the NO<INF>X</INF> SIP 
Call were not rescinded. See 40 CFR 51.121(r) and 51.123(aa). EPA 
promulgated CSAPR to replace CAIR as an emission trading program for 
EGUs. As discussed previously, pursuant to the D.C. Circuit Court's 
October 23, 2014 Order, the stay of CSAPR has been lifted and 
implementation of CSAPR commenced

[[Page 8267]]

in January 2015. EPA expects that the implementation of CSAPR will 
preserve the reductions achieved by CAIR and result in additional 
SO<INF>2</INF> and NO<INF>X</INF> emission reductions throughout the 
maintenance period.
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur Standards
    These emission control requirements result in lower NO<INF>X</INF> 
emissions from new cars and light duty trucks, including sport utility 
vehicles. The Federal rules were phased in between 2004 and 2009. EPA 
estimated that, after phasing in the new requirements, the following 
vehicle NO<INF>X</INF> emission reductions will have occurred 
nationwide: Passenger cars (light duty vehicles) (77 percent); light 
duty trucks, minivans, and sports utility vehicles (86 percent); and 
larger sports utility vehicles, vans, and heavier trucks (69 to 95 
percent). Some of the emissions reductions resulting from new vehicle 
standards occurred during the 2008-2010 attainment period; however, 
additional reductions will continue to occur throughout the maintenance 
period as new vehicles replace older vehicles. EPA expects fleet wide 
average emissions to decline by similar percentages as new vehicles 
replace older vehicles.
Heavy-Duty Diesel Engine Rule
    EPA issued the Heavy-Duty Diesel Engine Rule in July 2000. This 
rule included standards limiting the sulfur content of diesel fuel, 
which went into effect in 2004. A second phase took effect in 2007 
which reduced PM<INF>2.5</INF> emissions from heavy-duty highway 
engines and further reduced the highway diesel fuel sulfur content to 
15 parts per million (ppm). Standards for gasoline engines were phased 
in starting in 2008. The total program is estimated to achieve a 90 
percent reduction in direct PM<INF>2.5</INF> emissions and a 95 percent 
reduction in NO<INF>X</INF> emissions for new engines using low sulfur 
diesel fuel.
Nonroad Diesel Rule
    On June 29, 2004 (69 FR 38958), EPA promulgated the Nonroad Diesel 
Rule for large nonroad diesel engines, such as those used in 
construction, agriculture, and mining, to be phased in between 2008 and 
2014. The rule phased in requirements for reducing the sulfur content 
of diesel used in nonroad diesel engines. The reduction in sulfur 
content prevents damage to the more advanced emission control systems 
needed to meet the engine standards. It will also reduce fine 
particulate emissions from diesel engines. The combined engine 
standards and the sulfur in fuel reductions will reduce NO<INF>X</INF> 
and PM emissions from large nonroad engines by over 90 percent, 
compared to current nonroad engines using higher sulfur content diesel.
Nonroad Large Spark-Ignition Engine and Recreational Engine Standards
    In November 2002, EPA promulgated emission standards for groups of 
previously unregulated nonroad engines. These engines include large 
spark-ignition engines such as those used in forklifts and airport 
ground-service equipment; recreational vehicles using spark-ignition 
engines such as off-highway motorcycles, all-terrain vehicles, and 
snowmobiles; and recreational marine diesel engines. Emission standards 
from large spark-ignition engines were implemented in two tiers, with 
Tier 1 starting in 2004 and Tier 2 in 2007. Recreational vehicle 
emission standards are being phased in from 2006 through 2012. Marine 
Diesel engine standards were phased in from 2006 through 2009. With 
full implementation of all of the nonroad spark-ignition engine and 
recreational engine standards, an overall 80 percent reduction in 
NO<INF>X</INF> are expected by 2020. Some of these emission reductions 
occurred by the 2002-2007 attainment period and additional emission 
reductions will occur during the maintenance period as the fleet turns 
over.
Federal Standards for Hazardous Air Pollutants
    As required by the CAA, EPA developed Maximum Available Control 
Technology (MACT) Standards to regulate emissions of hazardous air 
pollutants from a published list of industrial sources referred to as 
``source categories.'' The MACT standards have been adopted and 
incorporated by reference in Section 6.6 of Pennsylvania's Air 
Pollution Control Act and implementing regulations in 25 Pa. Code Sec.  
127.35 and are also included in Federally enforceable permits issued by 
PADEP for affected sources. The Industrial/Commercial/Institutional 
(ICI) Boiler MACT standards (69 FR 55217, September 13, 2004, and 76 FR 
15554, February 21, 2011) are estimated to reduce emissions of PM, 
SO<INF>2</INF>, and VOCs from major source boilers and process heaters 
nationwide. Also, the Reciprocating Internal Combustion Engines (RICE) 
MACT will reduce NO<INF>X</INF> and PM emissions from engines located 
at facilities such as pipeline compressor stations, chemical and 
manufacturing plants, and power plants.
b. State Measures
Heavy-Duty Diesel Emissions Control Program
    In 2002, Pennsylvania adopted the Heavy-Duty Diesel Emissions 
Control Program for model years starting in May 2004. The program 
incorporates California standards by reference and required model year 
2005 and beyond heavy-duty diesel highway engines to be certified to 
the California standards, which were more stringent than the Federal 
standards for model years 2005 and 2006. After model year 2006, 
Pennsylvania required implementation of the Federal standards that 
applied to model years 2007 and beyond, discussed in the Federal 
measures section of this proposed rulemaking action. This program 
reduced emissions of NO<INF>X</INF> statewide.
Vehicle Emission Inspection/Maintenance (I/M) Program
    The Pennsylvania portion of the Area has had a vehicle emissions 
inspection program since 1984, and in 2004, Pennsylvania revised the 
implementation of its Vehicle Emission I/M program in the five-counties 
that comprise the Pennsylvania portion of the Area, and applies to 
model year 1975 and newer gasoline-powered vehicles that are 9,000 
pounds and under. The program, approved into the Pennsylvania SIP on 
October 6, 2005 (70 FR 58313), consists of annual on-board diagnostics 
and gas cap test for model year 1996 vehicles and newer, and an annual 
visual inspection of pollution control devices and gas cap test for 
model year 1995 vehicles and older. This program reduces emissions of 
NO<INF>X</INF> from affected vehicles.
Consumer Products Regulation
    Pennsylvania regulation ``Chapter 130, Subchapter B. Consumer 
Products'' established, effective January 1, 2005, VOC emission limits 
for numerous categories of consumer product, and applies statewide to 
any person who sells, supplies, offers for sale, or manufactures such 
consumer products on or after January 1, 2005 for use in Pennsylvania. 
It was approved into the Pennsylvania SIP on December 8, 2004 (69 FR 
70895).
    Based on the information summarized above, Pennsylvania has 
adequately demonstrated that the improvement in air quality in the 
Pennsylvania portion of the Philadelphia Area are due to permanent and 
enforceable emissions reductions. The reductions result from Federal 
and State requirements and regulation of precursors within Pennsylvania 
that affect the

[[Page 8268]]

Pennsylvania portion of the Philadelphia Area.

B. Maintenance Plan

    On September 5, 2014, PADEP submitted a combined maintenance plan 
for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS, as 
required by section 175A of the CAA. EPA's analysis for proposing 
approval of the maintenance plan is provided in this section.
1. Attainment Emissions Inventories
    An attainment inventory is comprised of the emissions during the 
time period associated with the monitoring data showing attainment. 
PADEP determined that the appropriate attainment inventory year for the 
maintenance plan for the 1997 annual PM<INF>2.5</INF> NAAQS is 2007, 
one of the years in the periods during which the Philadelphia Area 
monitored attainment of the 1997 annual PM<INF>2.5</INF> NAAQS. As 
discussed previously in this proposed rulemaking, for the 2006 24-hour 
PM<INF>2.5</INF> NAAQS, 2008 was a year in which the Area attained the 
standard. Appendix F-1 of Pennsylvania's September 5, 2014 submittal 
provides a comparison between the 2007 and the 2008 inventories, and 
the projected reductions between 2025 and 2007 and between 2025 and 
2008. The analysis shows that the 2007 emission inventory is comparable 
to the 2008 emission inventory for the Philadelphia portion of the 
Area. Pennsylvania has shown that the 2007 emission inventory is an 
appropriate and representative emission inventory to use as a surrogate 
for the 2008 inventory.
    In its redesignation request and maintenance plan for the 1997 
annual and 2006 24-hour PM<INF>2.5</INF> NAAQS, PADEP described the 
methods used for developing its 2007 inventory. The 2007 inventory 
included the primary PM<INF>2.5</INF> emissions (including 
condensables), SO<INF>2</INF>, NO<INF>X</INF>, VOC, and NH<INF>3</INF>. 
EPA reviewed the procedures used to develop the projected inventory and 
found them to be reasonable. EPA has reviewed the documentation 
provided by PADEP and found the 2007 emissions inventory to be 
approvable. For more information on EPA's analysis of the 2007 
emissions inventory, see EPA's Inventory TSDs, dated December 23, 2014, 
available in the docket for this rulemaking action at 
www.regulations.gov.
2. Maintenance Demonstration
    Section 175A requires a state seeking redesignation to attainment 
to submit a SIP revision to provide for the maintenance of the NAAQS in 
the area ``for at least 10 years after the redesignation.'' EPA has 
interpreted this as a showing of maintenance ``for a period of ten 
years following redesignation.'' The Federal and State measures 
described in Section V.A.3 of this proposed rulemaking action 
demonstrate that the reductions in emissions from point, area, and 
mobile sources in the Area has occurred and will continue to occur 
through 2025. In addition, the following State and Federal regulations 
and programs ensure the continuing decline of SO<INF>2</INF>, 
NO<INF>X</INF>, PM<INF>2.5</INF>, and VOC emissions in the Area during 
the maintenance period and beyond:
Non-EGUs Previously Covered Under the NO<INF>X</INF> SIP Call
    Pennsylvania established NO<INF>X</INF> emission limits for the 
large industrial boilers that were previously subject to the 
NO<INF>X</INF> SIP Call, but were not subject to CAIR. For these units, 
Pennsylvania established an allowable ozone season NO<INF>X</INF> limit 
based on the unit's previous ozone season's heat input. A combined 
NO<INF>X</INF> ozone season emissions cap of 3,418 tons applies for all 
of these units.
CSAPR (August 8, 2011, 76 FR 48208)
    EPA promulgated CSAPR to replace CAIR as an emission trading 
program for EGUs. As discussed previously implementation of CSAPR 
commenced in January 2015. EPA expects that the implementation of CSAPR 
will preserve the reductions achieved by CAIR and result in additional 
SO<INF>2</INF> and NO<INF>X</INF> emission reductions throughout the 
maintenance period.
Regulation of Cement Kilns
    On July 19, 2011 (76 FR 52558), EPA approved amendments to 25 Pa. 
Code Chapter 145 Subchapter C to further reduce NO<INF>X</INF> 
emissions from cement kilns. The amendments established NO<INF>X</INF> 
emission rate limits for long wet kilns, long dry kilns, and preheater 
and precalciner kilns that are lower by 35 percent to 63 percent from 
the previous limit of 6 pounds of NO<INF>X</INF> per ton of clinker 
that applied to all kilns. The amendments were effective on April 15, 
2011.
Stationary Source Regulations
    Pennsylvania regulation 25 Pa. Code Chapter 130, Subchapter D for 
Adhesives, Sealers, Primers, and Solvents was approved into the 
Pennsylvania SIP on September 26, 2012 (77 FR 59090). The regulation 
established VOC content limits for various categories of adhesives, 
sealants, primers, and solvent, and became applicable on January 1, 
2012.
    Amendments to Pennsylvania regulation 25 Pa. Code Chapter 130, 
Subchapter B for Consumer Products, established, effective January 1, 
2009, new or more stringent VOC standards for consumer products. The 
amendments were approved into the Pennsylvania SIP on October 18, 2010 
(75 FR 63717).
Pennsylvania's Clean Vehicle Program
    The Pennsylvania Clean Vehicles Program (formerly, New Motor 
Vehicle Control Program) incorporates by reference the California Low 
Emission Vehicle program (CA LEVII), although it allowed automakers to 
comply with the NLEV program as an alternative to this program until 
Model Year (MY) 2006. The Clean Vehicles Program, codified in 25 Pa. 
Code Chapter 126, Subchapter D, was modified to require CA LEVII to 
apply to MY 2008 and beyond, and was approved into the Pennsylvania SIP 
on January 24, 2012 (77 FR 3386). The Clean Vehicles Program 
incorporates by reference the emission control standards of CA LEVII, 
which, among other requirements, reduces emissions of NO<INF>X</INF> by 
requiring that passenger car emission standards and fleet average 
emission standards also apply to light duty vehicles. Model year 2008 
and newer passenger cars and light duty trucks are required to be 
certified for emissions by the California Air Resource Board (CARB), in 
order to be sold, leased, offered for sale or lease, imported, 
delivered, purchased, rented, acquired, received, titled or registered 
in Pennsylvania. In addition, manufacturers are required to demonstrate 
that the California fleet average standard is met based on the number 
of new light-duty vehicles delivered for sale in the Commonwealth. The 
Commonwealth's submittal for the January 24, 2012 rulemaking projected 
that, by 2025, the program will achieve approximately 334 tons more 
NO<INF>X</INF> reductions than Tier II for the counties in the 
Pennsylvania portion of the Philadelphia Area.
    Two Pennsylvania regulations--the Diesel-Powered Motor Vehicle 
Idling Act (August 1, 2011, 76 FR 45705) and the Outdoor Wood-Fired 
Boiler regulation (September 20, 2011, 76 FR 58114)--were not included 
in the projection inventories, but may also assist in maintaining the 
standard. Also, the Tier 3 Motor Vehicle Emission and Fuel Standards 
(79 FR 23414, April 29, 2014) establishes more stringent vehicle 
emissions standards and will reduce the sulfur content of gasoline 
beginning in 2017. The fuel standard will achieve NO<INF>X</INF> 
reductions by further increasing the effectiveness of vehicle emission

[[Page 8269]]

controls for both existing and new vehicles.
    The State and Federal regulations and programs described above 
ensure the continuing decline of SO<INF>2</INF>, NO<INF>X</INF>, 
PM<INF>2.5</INF>, and VOC emissions in the Area during the maintenance 
period and beyond. A summary of the projected reductions from these 
measures from 2007 to 2025 is shown in Table 5. Table 5 incorporates 
the expected emissions from future construction at the Philadelphia 
International Airport (PHL-CEP), as well as potential emissions 
increases from Emission Reduction Credits (ERCs), which are also 
included in Tables 6a--6e.

                     Table 5--Emission Reductions From 2007 to 2025 Due to Control Measures
----------------------------------------------------------------------------------------------------------------
                                        NOX            PM2.5            SO2             VOC             NH3
----------------------------------------------------------------------------------------------------------------
Point...........................           2,279             -90           3,936            -690             -46
Area............................             250             674           5,818           3,039            -143
On-Road.........................          43,966           1,070             249          18,071             363
Non-Road........................           8,493             624           2,817           6,666              -6
                                 -------------------------------------------------------------------------------
    Totals......................          54,988           2,278          12,820          27,085             167
----------------------------------------------------------------------------------------------------------------

    Where the emissions inventory method of showing maintenance is 
used, its purpose is to show that emissions during the maintenance 
period will not increase over the attainment year inventory. See 1992 
Calcagni Memorandum, pages 9-10. For a demonstration of maintenance, 
emissions inventories are required to be projected to future dates to 
assess the influence of future growth and controls; however, the 
demonstration need not be based on modeling. See Wall v. EPA, supra; 
Sierra Club v. EPA, supra. See also 66 FR 53099-53100 and 68 FR 25430-
32. PADEP uses projection inventories to show that the Pennsylvania 
portion of the Area will remain in attainment and developed projection 
inventories for an interim year of 2017 and a maintenance plan end year 
of 2025 to show that future emissions of NO<INF>X</INF>, 
SO<INF>2,</INF> PM<INF>2.5</INF>, VOC, and NH<INF>3</INF> will remain 
at or below the attainment year 2007 and 2008 attainment-level 
emissions levels, for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> 
NAAQS, respectively, throughout the Pennsylvania portion of the Area 
through the year 2025.
    EPA has reviewed the documentation provided by PADEP for developing 
annual 2017 and 2025 emissions inventories for the Pennsylvania portion 
of the Area. EPA has determined that the 2017 and 2025 projected 
emissions inventories provided by PADEP are approvable. For more 
information on EPA's analysis of the emissions inventories, see EPA's 
Inventory TSDs, dated December 23, 2014, available in the docket for 
this rulemaking action at www.regulations.gov.
    Tables 6a through 6e provide a summary of the PM<INF>2.5</INF>, 
NO<INF>X</INF>, SO<INF>2</INF>, VOC, and NH<INF>3</INF> emissions 
inventories for the Pennsylvania portion of the Philadelphia Area for 
the 2007 attainment year, the 2017 interim year, and the 2025 
maintenance plan end year for the 1997 annual PM<INF>2.5</INF> NAAQS. 
The future year inventories include expected emissions from future 
construction at the PHL-CEP, as well as potential emissions increases 
from ERCs.

                  Table 6a--Comparison of 2007, 2017, and 2025 Emissions of PM2.5 for the Pennsylvania Portion of the Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          PM2.5
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              2007-2017                 2007-2025
                                                                                                     ---------------------------------------------------
                            Sector                                 2007         2017         2025                    Percent                   Percent
                                                                                                       Reduction    reduction    Reduction    reduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................................        2,444        1,788        1,808          656         26.8          636         26.0
Area.........................................................        7,722        7,383        7,047          339          4.4          675          8.7
On-Road......................................................        2,386        1,679        1,316          707         29.6        1,070         44.8
Non-Road.....................................................        1,562        1,019          837          543         34.8          725         46.4
PHL-CEP......................................................  ...........           83          102          -83  ...........         -102  ...........
ERC..........................................................  ...........          726          726         -726  ...........         -726  ...........
                                                              ------------------------------------------------------------------------------------------
    Total....................................................       14,114       12,678       11,837        1,436         10.2        2,277         16.1
--------------------------------------------------------------------------------------------------------------------------------------------------------


                   Table 6b--Comparison of 2007, 2017, and 2025 Emissions of NOX for the Pennsylvania Portion of the Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           NOX
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              2007-2017                 2007-2025
                                                                                                     ---------------------------------------------------
                            Sector                                 2007         2017         2025                    Percent                   Percent
                                                                                                       Reduction    reduction    Reduction    reduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................................       20,744       11,366       11,316        9,378         45.2        9,428         45.4
Area.........................................................       12,925       12,461       12,675          464          3.4          250          1.9

[[Page 8270]]

 
On-Road......................................................       68,327       37,922       25,361       31,405         45.3       43,966         63.4
Non-Road.....................................................       20,393       10,332        7,990       10,061         49.3       12,403         60.2
PHL-CEP......................................................  ...........        3,337        3,910       -3,337  ...........       -3,910  ...........
ERC..........................................................  ...........        7,150        7,150       -7,150  ...........       -7,150  ...........
                                                              ------------------------------------------------------------------------------------------
    Total....................................................      123,390       82,567       68,402       40,823         33.1       54,988         44.6
--------------------------------------------------------------------------------------------------------------------------------------------------------


                   Table 6c--Comparison of 2007, 2017, and 2025 Emissions of SO2 for the Pennsylvania Portion of the Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           SO2
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              2007-2017                 2007-2025
                                                                                                     ---------------------------------------------------
                            Sector                                 2007         2017         2025                    Percent                   Percent
                                                                                                       Reduction    reduction    Reduction    reduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................................       19,633        5,870        5,858       13,763         70.1       13,775         70.2
Area.........................................................       15,005       12,844        9,186        2,161         14.4        5,819         38.8
On-Road......................................................          508          248          259          260         51.2          249         49.0
Non-Road.....................................................        3,375          305          123        3,070         91.0        3,252         96.4
PHL-CEP......................................................  ...........          355          435         -355  ...........         -435  ...........
ERC..........................................................  ...........        9,839        9,839       -9,839  ...........       -9,839  ...........
                                                              ------------------------------------------------------------------------------------------
    Total....................................................       38,520       29,460       25,701        9,060         23.5       12,819         33.3
--------------------------------------------------------------------------------------------------------------------------------------------------------


                   Table 6d--Comparison of 2007, 2017, and 2025 Emissions of VOC for the Pennsylvania Portion of the Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         VOC/E>
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              2007-2017                 2007-2025
                                                                                                     ---------------------------------------------------
                            Sector                                 2007         2017         2025                    Percent                   Percent
                                                                                                       Reduction    reduction    Reduction    reduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................................        6,281        6,438        6,508         -157         -2.5         -227         -3.6
Area.........................................................       47,568       45,239       44,530        2,329          4.9        3,038          6.4
On-Road......................................................       29,293       16,349       11,222      12, 944         44.2       18,041          6.2
Non-Road.....................................................       18,751       11,224       11,058        7,527         40.1        7,693         41.0
PHL-CEP......................................................  ...........          828        1,027         -828  ...........       -1,027  ...........
ERC..........................................................  ...........          463          463         -463  ...........         -463  ...........
                                                              ------------------------------------------------------------------------------------------
    Total....................................................      101,894       80,540       74,808       21,354         20.9       27,086         26.6
--------------------------------------------------------------------------------------------------------------------------------------------------------


                   Table 6e--Comparison of 2007, 2017, and 2025 Emissions of NH3 for the Pennsylvania Portion of the Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           NH3
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              2007-2017                 2007-2025
                                                                                                     ---------------------------------------------------
                            Sector                                 2007         2017         2025                    Percent                   Percent
                                                                                                       Reduction    reduction    Reduction    reduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................................          743          814          789          -71         -9.5          -46         -6.2
Area.........................................................        3,293        3,375        3,436          -82         -2.5         -143         -4.3
On-Road......................................................        1,270          903          908          387         30.5          362         28.5
Non-Road.....................................................           23           26           29           -3        -13.0           -6        -26.1

[[Page 8271]]

 
PHL-CEP......................................................  ...........            0            0            0  ...........            0  ...........
ERC..........................................................  ...........            0            0            0  ...........            0  ...........
                                                              ------------------------------------------------------------------------------------------
    Total....................................................        5,329        5,117        5,162          212          4.0          167          3.1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 7a provides a summary of PM<INF>2.5</INF>, NO<INF>X</INF>, 
and SO<INF>2</INF> emissions for the entire Philadelphia Area for the 
2007 attainment year, the 2017 interim year, and the 2025 maintenance 
plan end year for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> 
NAAQS. The inventories show that, between 2007 and 2025, the Area is 
projected to reduce PM<INF>2.5</INF> emissions by 16.2 percent, 
NO<INF>X</INF> emissions by 41.2 percent, and SO<INF>2</INF> emissions 
by 46.8 percent.

                       Table 7a--Comparison of 2007, 2017, and 2025 PM2.5, NOX, and SO2 Emissions for the Entire Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    PM2.5                             NOX                              SO2
                                                      --------------------------------------------------------------------------------------------------
                                                          2007       2017       2025       2007       2017       2025       2007       2017       2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pennsylvania portion.................................     14,114     12,678     11,837     38,520     29,460     25,701    123,390     82,567     68,402
Delaware portion.....................................      3,193      2,844      2,893     15,228      6,995      6,958     23,084     14,475     13,797
New Jersey portion...................................      5,159      4,549      4,102      4,965      1,579      1,880     41,718     26,057     17,780
                                                      --------------------------------------------------------------------------------------------------
    Total............................................     22,466     20,071     18,832     58,713     38,034     34,539    188,192    123,099    100,069
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The redesignation requests for Delaware and New Jersey did not 
include VOC and NH<INF>3</INF> emission inventories. Therefore, in 
order to take VOC and NH<INF>3</INF> emissions for the Delaware and New 
Jersey portions of the Area into consideration, Pennsylvania used 
information from EPA's Regulatory Impact Analysis (RIA) for the 2012 
PM<INF>2.5</INF> NAAQS. Table 7b provides a comparison of the 2007 and 
2020 VOC and NH<INF>3</INF> emissions for the entire Philadelphia Area. 
The RIA only projected to 2020; however, Pennsylvania believes, and EPA 
agrees, that the downward trend for these precursors and attainment 
would continue into 2025, given that the area is attaining both the 
1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS with the current 
level of emissions in the Area, and that additional reductions will be 
achieved from the Federal and State measures that will be implemented 
during the maintenance period. The projected emissions inventories show 
that the Philadelphia Area will continue to maintain the 1997 annual 
PM<INF>2.5</INF> standards during the maintenance period.

          Table 7b--Comparison of 2007 and 2020 VOC and NH3 Emissions for the Entire Philadelphia Area
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                VOC                             NH3
                                                 ---------------------------------------------------------------
                                                       2007            2020            2007            2020
----------------------------------------------------------------------------------------------------------------
Pennsylvania portion............................          95,255          75,861           5,229           4,903
Delaware portion................................          14,326           9,242             984             850
New Jersey portion..............................          36,108          27,510           1,677           1,526
                                                 ---------------------------------------------------------------
    Total.......................................         145,689         112,613           7,890           7,279
----------------------------------------------------------------------------------------------------------------

3. Monitoring Network
    Pennsylvania currently operates PM<INF>2.5</INF> monitors in each 
of the five counties that comprise the Pennsylvania portion of the 
Philadelphia Area. Pennsylvania's maintenance plan includes a 
commitment by PADEP and the Philadelphia County Health Department to 
continue to operate its EPA-approved monitoring network, as necessary 
to demonstrate ongoing compliance with the NAAQS. In its September 5, 
2014 submittal, Pennsylvania stated that it will consult with EPA prior 
to making any necessary changes to the network and will continue to 
operate the monitoring network in accordance with the requirements of 
40 CFR part 58.
4. Verification of Continued Attainment
    To provide for tracking of the emission levels in the Area, PADEP 
will: (a) Evaluate annually the vehicle miles travelled (VMT) data and 
the annual emissions reported from

[[Page 8272]]

stationary sources to compare them with the assumptions used in the 
maintenance plan; and (b) evaluate the periodic emissions inventory for 
all PM<INF>2.5</INF> precursors prepared every three years in 
accordance with EPA's Air Emissions Reporting Requirements (AERR) to 
determine whether there is an exceedance of more than ten percent over 
the 2007 inventories. Also, as noted in the previous subsection, PADEP 
has stated that it will continue to operate its monitoring system in 
accordance with 40 CFR 58 and remains obligated to quality-assure 
monitoring data and enter all data into the AQS in accordance with 
federal requirements. PADEP has stated that it will use this data in 
considering whether additional control measures are needed to assure 
continuing attainment in the Area.
5. Contingency Measures
    The contingency plan provisions are designed to promptly correct a 
violation of the 1997 annual and/or the 2006 24-hour PM<INF>2.5</INF> 
NAAQS that occurs in the Pennsylvania portion of the Area after 
redesignation. Section 175A of the CAA requires that a maintenance plan 
include such contingency measures as EPA deems necessary to ensure that 
a state will promptly correct a violation of the NAAQS that occurs 
after redesignation. The maintenance plan should identify the events 
that would ``trigger'' the adoption and implementation of a contingency 
measure(s), the contingency measure(s) that would be adopted and 
implemented, and the schedule indicating the time frame by which the 
state would adopt and implement the measure(s).
    Pennsylvania's maintenance plan describes the procedures for the 
adoption and implementation of contingency measures to reduce emissions 
should a violation occur. Pennsylvania's contingency measures include a 
first level response and a second level response. A first level 
response is triggered if the annual mean PM<INF>2.5</INF> concentration 
exceeds 15.5 [mu]g/m\3\ in a single calendar year within the Area, if 
the 98th percentile 24-hour PM<INF>2.5</INF> concentration exceeds 35.0 
[mu]g/m\3\ in a single calendar year within the Area, or if the 
periodic emissions inventory for the Area exceed the attainment year 
inventory (2007) by more than ten percent. The first level response 
will consist of a study to determine if the emissions trends show 
increasing concentrations of PM<INF>2.5</INF>, and whether this trend 
is likely to continue. If it is determined through the study that 
action is necessary to reverse a trend of emissions increases, 
Pennsylvania will, as expeditiously as possible, implement necessary 
and appropriate control measures to reverse the trend.
    A second level response will be prompted if the two-year average of 
the annual mean concentration exceeds 15.0 [mu]g/m\3\ or if the two-
year average of 98th percentile 24-hour PM<INF>2.5</INF> concentration 
exceeds 35.0 [mu]g/m\3\ within the Area. This would trigger an 
evaluation of the conditions causing the exceedance, whether additional 
emission control measures should be implemented to prevent a violation 
of the standard, and analysis of potential measures that could be 
implemented to prevent a violation. Pennsylvania would then begin its 
adoption process to implement the measures as expeditiously as 
practicable. If a violation of the PM<INF>2.5</INF> NAAQS occurs, PADEP 
will propose and adopt necessary additional control measures in 
accordance with the implementation schedule in the maintenance plan.
    Pennsylvania's candidate contingency measures include the 
following: (1) A regulation based on the Ozone Transport Commission 
(OTC) Model Rule to update requirements for consumer products; (2) a 
regulation based on the Control Techniques Guidelines (CTG) for 
industrial cleaning solvents; (3) voluntary diesel projects such as 
diesel retrofit for public or private local onroad or offroad fleets, 
idling reduction technology for Class 2 yard locomotives, and idling 
reduction technologies or strategies for truck stops, warehouses, and 
other freight-handling facilities; (4) promotion of accelerated 
turnover of lawn and garden equipment, focusing on commercial 
equipment; and (5) promotion of alternative fuels for fleets, home 
heating and agricultural use. Pennsylvania's rulemaking process and 
schedule for adoption and implementation of any necessary contingency 
measure is shown in the SIP submittals as being 18 months from PADEP's 
approval to initiate rulemaking. For all of the reasons discussed in 
this section, EPA is proposing to approve Pennsylvania's 1997 annual 
and 2006 24-hour PM<INF>2.5</INF> maintenance plan for the Pennsylvania 
portion of the Philadelphia Area as meeting the requirements of section 
175A of the CAA.

C. Motor Vehicle Emissions Budgets

    Section 176(c) of the CAA requires Federal actions in nonattainment 
and maintenance areas to ``conform to'' the goals of SIPs. This means 
that such actions will not cause or contribute to violations of a 
NAAQS, worsen the severity of an existing violation, or delay timely 
attainment of any NAAQS or any interim milestone. Actions involving 
Federal Highway Administration (FHWA) or Federal Transit Administration 
(FTA) funding or approval are subject to the transportation conformity 
rule (40 CFR part 93, subpart A). Under this rule, metropolitan 
planning organizations (MPOs) in nonattainment and maintenance areas 
coordinate with state air quality and transportation agencies, EPA, and 
the FHWA and FTA to demonstrate that their long range transportation 
plans and transportation improvement programs (TIP) conform to 
applicable SIPs. This is typically determined by showing that estimated 
emissions from existing and planned highway and transit systems are 
less than or equal to the MVEBs contained in the SIP. On September 5, 
2014, Pennsylvania submitted SIP revisions that contain the 2017 and 
2025 PM<INF>2.5</INF> and NO<INF>X</INF> onroad mobile source budgets 
for Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties. 
Pennsylvania did not provide emission budgets for SO<INF>2</INF>, VOC, 
and NH<INF>3</INF> because it concluded, consistent with the 
presumptions regarding these precursors in the Transportation 
Conformity Rule at 40 CFR 93.102(b)(2)(v), which predated and were not 
disturbed by the litigation on the 1997 PM<INF>2.5</INF> Implementation 
Rule, that emissions of these precursors from motor vehicles are not 
significant contributors to the Area's PM<INF>2.5</INF> air quality 
problem. EPA issued conformity regulations to implement the 1997 annual 
PM<INF>2.5</INF> NAAQS in July 2004 and May 2005 (69 FR 40004, July 1, 
2004 and 70 FR 24280, May 6, 2005). That decision does not affect EPA's 
proposed approval of the MVEBs for the Area. The MVEBs are presented in 
Table 8.

Table 8--MVEBs for the Pennsylvania Portion of the Philadelphia Area for
              the 1997 PM2.5 and 2006 24-Hour NAAQS, in tpy
------------------------------------------------------------------------
                       Year                           PM2.5       NOX
------------------------------------------------------------------------
2017..............................................      1,679     37,922
2025..............................................      1,316     25,361
------------------------------------------------------------------------

    EPA's substantive criteria for determining adequacy of MVEBs are 
set out in 40 CFR 93.118(e)(4). Additionally, to approve the MVEBs, EPA 
must complete a thorough review of the SIP, in this case the 
PM<INF>2.5</INF> maintenance plan, and conclude that with the projected 
level of motor vehicle and all other emissions, the SIPs will achieve 
its overall purpose, in this case providing for maintenance of the 1997

[[Page 8273]]

annual and the 2006 24-hour PM<INF>2.5</INF> NAAQS. EPA's process for 
determining adequacy of a MVEB consists of three basic steps: (1) 
Providing public notification of a SIP submission; (2) providing the 
public the opportunity to comment on the MVEB during a public comment 
period; and (3) EPA taking action on the MVEB.
    In this proposed rulemaking action, EPA is initiating the process 
for determining whether or not the MVEBs are adequate for 
transportation conformity purposes. The publication of this rulemaking 
starts a 30-day public comment period on the adequacy of the submitted 
MVEBs. This comment period is concurrent with the comment period on 
this proposed action and comments should be submitted to the docket for 
this rulemaking. EPA may choose to make its determination on the 
adequacy of the budgets either in the final rulemaking on this 
maintenance plan and redesignation request or by informing Pennsylvania 
of the determination in writing, publishing a notice in the Federal 
Register and posting a notice on EPA's adequacy Web page (http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm).\14\
---------------------------------------------------------------------------

    \14\ For additional information on the adequacy process, please 
refer to 40 CFR 93.118(f) and the discussion of the adequacy process 
in the preamble to the 2004 final transportation conformity rule. 
See 69 FR 40039-40043.
---------------------------------------------------------------------------

    EPA has reviewed the MVEBs and found that the submitted MVEBs are 
consistent with the maintenance plan and meet the criteria for adequacy 
and approval. Therefore, EPA is proposing to approve the 2017 and 2025 
PM<INF>2.5</INF> and NO<INF>X</INF> MVEBs for Bucks, Chester, Delaware, 
Montgomery, and Philadelphia Counties for transportation conformity 
purposes. Additional information pertaining to the review of the MVEBs 
can be found in the TSD dated December 17, 2014, available on line at 
www.regulations.gov, Docket ID No. EPA-R03-OAR-2014-0868.

VI. Proposed Actions

    EPA is proposing to approve Pennsylvania's request to redesignate 
the Pennsylvania portion of the Philadelphia Area from nonattainment to 
attainment for the 1997 annual and the 2006 24-hour PM<INF>2.5</INF> 
NAAQS. EPA has evaluated Pennsylvania's redesignation request and 
determined that upon approval of the 2007 comprehensive emissions 
inventory for the 2006 24-hour PM<INF>2.5</INF> NAAQS proposed as part 
of this rulemaking action, it would meet the redesignation criteria set 
forth in section 107(d)(3)(E) of the CAA for both standards. EPA 
believes that the monitoring data demonstrate that the Philadelphia 
Area is attaining and will continue to attain the 1997 annual and 2006 
24-hour PM<INF>2.5</INF> NAAQS. EPA is also proposing to approve the 
associated maintenance plan for the Pennsylvania portion of the Area as 
a revision to the Pennsylvania SIP for the 1997 annual and 2006 24-hour 
PM<INF>2.5</INF> NAAQS because it meets the requirements of CAA section 
175A for both standards. For transportation conformity purposes, EPA is 
also proposing to approve MVEBs for both the 1997 annual and 2006 24-
hour PM<INF>2.5</INF> NAAQS. Final approval of the redesignation 
requests would change the official designations of the Pennsylvania 
portion of the Philadelphia Area for the 1997 annual and the 2006 24-
hour PM<INF>2.5</INF> NAAQS, respectively, found at 40 CFR part 81, 
from nonattainment to attainment, and would incorporate into the 
Pennsylvania SIP the associated maintenance plan ensuring continued 
attainment of the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS 
in the Pennsylvania portion of the Area for the next 10 years, until 
2025. EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

VII. 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 proposing to approve Pennsylvania's 
redesignation request, maintenance plan, 2007 comprehensive emissions 
inventory for the 2006 24-hour PM<INF>2.5</INF> NAAQS, and MVEBs for 
transportation conformity purposes for the Pennsylvania portion of the 
Philadelphia Area for the 1997 annual and the 2006 24-hour 
PM<INF>2.5</INF> NAAQS, 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

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

    Dated: February 2, 2015.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2015-03169 Filed 2-13-15; 8:45 am]
BILLING CODE 6560-50-P


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