Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations 11671 

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued 

State citation Title/subject State effective date EPA approval date Additional 

explanation 

Section 755 ........................ Federal Transient Emissions 

Test: Equipment.

7/22/94 ...................... 6/11/99, 64 FR 31498.

Section 756 ........................ Federal Transient Emissions 

Test: Quality Assurance Procedures.

7/22/94 ...................... 6/11/99, 64 FR 31498.

Chapter 11 Motor Vehicle Offenses and Penalties 

Section 1101 ...................... Offenses Related to Title, Registration, and Identification 

Tags.

6/30/72; Recodified 4/ 

1/81.

6/11/99, 64 FR 31498.

Section 1103 ...................... Offenses Related to Inspection 

Stickers.

6/30/72; Recodified 4/ 

1/81.

6/11/99, 64 FR 31498.

Section 1104 ...................... False Statements, Alterations, 

Forgery, and Dishonored 

Checks.

11/29/91 .................... 6/11/99, 64 FR 31498.

Section 1110 ...................... Penalties for Violations ............ 11/29/91 .................... 6/11/99, 64 FR 31498.

Chapter 26 Civil Fines for Moving and Non-Moving Violations 

Section 2600.1 ................... Infraction: Inspection, Registration Certificate, Tags.8/31/90 ...................... 6/11/99, 64 FR 31498.

Chapter 99 Definitions 

Section 9901 ...................... Definitions ................................. 10/17/97 .................... 6/11/99, 64 FR 31498 Definition of ‘‘Emission Recall 

Notice’’. 

* * * * * 

[FR Doc. E9–5866 Filed 3–18–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 and 81 

[EPA–R03–OAR–2007–0176; FRL–8777–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Redesignation of the 

Greene County 8-Hour Ozone 

Nonattainment Area to Attainment and 

Approval of the Maintenance Plan and 

2002 Base-Year Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The Pennsylvania 

Department of Environmental Protection 

(PADEP) is requesting that the Greene 

County ozone nonattainment area 

(Greene County Area) be redesignated as 

attainment for the 1997 8-hour ozone 

national ambient air quality standard 

(NAAQS). EPA is approving the ozone 

redesignation request for the Greene 

County Area. In conjunction with its 

redesignation request, PADEP submitted 

a SIP revision consisting of a 

maintenance plan for the Greene County 

Area that provides for continued 

attainment of the 1997 8-hour ozone 

NAAQS for at least 10 years after 

redesignation. EPA is approving the 8- 

hour maintenance plan. PADEP also 

submitted a 2002 base year inventory for 

the Greene County Area, which EPA is 

approving. In addition, EPA is 

approving the adequacy determination 

for the motor vehicle emission budgets 

(MVEBs) that are identified in the 

Greene County Area maintenance plan 

for purposes of transportation 

conformity, and is approving those 

MVEBs. EPA is approving the 

redesignation request, the maintenance 

plan, and the 2002 base year emissions 

inventory as revisions to the 

Pennsylvania SIP in accordance with 

the requirements of the Clean Air Act 

(CAA or the Act). 

DATES: Effective Date: This final rule is 

effective on April 20, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2007–0176. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environment Protection, 

Bureau of Air Quality Control, P.O. Box 

8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Linden, (215) 814–2096, or by email at linden.melissa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 16, 2008 (73 FR 40813), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval of 

Pennsylvania’s redesignation request 

and maintenance plan SIP revisions for 

the Greene County Area that provide for 

continued attainment of the 1997 8-hour 

ozone NAAQS for at least 10 years after 

redesignation. The NPR also proposed 

approval of a 2002 base year emissions 

inventory for the Greene County Area. 

The formal SIP revisions were 

submitted by PADEP on January 25, 

2007, with one significant change 

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11672 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations 

submitted on May 23, 2008 explaining 

a new methodology used to project 

future emissions of nitrogen oxides 

(NOX) from electric generating units 

(EGUs). Other specific requirements of 

Pennsylvania’s redesignation request 

and maintenance plan SIP revisions, 

and the rationale for EPA’s proposed 

actions, are explained in the NPR and 

will not be restated here. No public 

comments were received on the NPR. 

The holdings in two lawsuits 

potentially impact this redesignation 

action. As we explain below, we believe 

neither lawsuit precludes the 

redesignation of the Greene County 

Area. 

On December 22, 2006, the U.S. Court 

of Appeals for the District of Columbia 

Circuit (D.C. Circuit) vacated EPA’s 

Phase 1 Implementation Rule for the 

1997 8-Hour Ozone Standard. (69 FR 

23591, April 30, 2004). South Coast Air 

Quality Management Dist. v. EPA, 472 

F.3d 882 (D.C. Cir. 2006). On June 8, 

2007, in South Coast Air Quality 

Management Dist. v. EPA, Docket No. 

04–1201, in response to several 

petitions for rehearing, the D.C. Circuit 

clarified that the Phase 1 Rule was 

vacated only with regard to those parts 

of the rule that had been successfully 

challenged. Therefore, the Phase 1 Rule 

provisions related to classifications for 

areas currently classified under subpart 

2 of Title I, part D of the Act as 8-hour 

nonattainment areas, the 8-hour 

attainment dates, and the timing for 

emissions reductions needed for 

attainment of the 8-hour ozone NAAQS 

remain effective. The June 8, 2007 

decision left intact the Court’s rejection 

of EPA’s reasons for implementing the 

8-hour standard in certain 

nonattainment areas under subpart 1 in 

lieu of subpart 2. By limiting the 

vacatur, the Court let stand EPA’s 

revocation of the 1-hour standard and 

those anti-backsliding provisions of the 

Phase 1 Rule that had not been 

successfully challenged. The June 8, 

2007 decision reaffirmed the December 

22, 2006 decision that EPA had 

improperly failed to retain measures 

required for 1-hour nonattainment areas 

under the anti-backsliding provisions of 

the regulations: (1) Nonattainment area 

New Source Review (NSR) requirements 

based on an area’s 1-hour nonattainment 

classification; (2) Section 185 penalty 

fees for the 1-hour severe or extreme 

nonattainment areas; and (3) measures 

to be implemented pursuant to section 

172(c)(9) or 182(c)(9) of the CAA, on the 

contingency of an area not making 

reasonable further progress toward 

attainment of the 1-hour NAAQS, or for 

failure to attain NAAQS. In addition, 

the June 8, 2007 decision clarified that 

the Court’s reference to conformity 

requirements for anti-backsliding 

purposes was limited to requiring the 

continued use of the 1-hour motor 

vehicle emissions budgets until 8-hour 

budgets were available for 8-hour 

conformity determinations, which is 

already required under EPA’s 

conformity regulations. The Court thus 

clarified the 1-hour conformity 

determinations are not required for antibacksliding purposes. 

For the reasons set forth in the 

proposal, EPA does not believe that the 

Court’s rulings alter any requirements 

relevant to this redesignation action so 

as to preclude redesignation, and do not 

prevent EPA from finalizing this 

redesignation. EPA believes that the 

Court’s December 22, 2006 and June 8, 

2007 decisions impose no impediment 

to moving forward with redesignation of 

this area to attainment, because even in 

the light of the Court’s decisions, 

redesignation is appropriate under the 

relevant redesignation provisions of the 

CAA and longstanding policies 

regarding redesignation requests. 

The second lawsuit relates to EPA’s 

Clean Air Interstate Rule (CAIR). On 

July 11, 2008, the D.C. Circuit ruled on 

various challenges to EPA’s CAIR, and 

issued an order vacating CAIR in its 

entirety. 531 F.3d 896 (D.C. Cir. 2008). 

This order did not become final before 

December 23, 2008, when the Court 

granted partial rehearing as to the 

remedy set forth in its July 11 decision 

and issued an opinion remanding CAIR 

to EPA without vacating. During the 

pendency of the remand, CAIR will 

remain in place. North Carolina v. EPA, 

550 F.3d 1176 (D.C. Cir. 2008). The 

Court stated, however, in its December 

23, 2008 opinion that EPA was still 

under an obligation to remedy what the 

Court characterized as ‘‘flaws’’ with 

CAIR, though the Court declined to 

impose a deadline for EPA to finalize 

that remedy. 

EPA believes that the maintenance 

plan for Greene County demonstrates 

that the NAAQS will be maintained for 

at least 120 months (ten years), and 

through 10 ozone seasons, as required 

by section 175A(a) of the Act, 42 U.S.C. 

7505a(a), whether or not CAIR and its 

specific, associated emissions 

reductions from a subset of point 

sources (electric generating units), 

continue in effect. Ten years of 

maintenance of the NAAQS is 

demonstrated in Table 5 (and its 

associated explanatory material) of the 

NPR, (73 FR at 40821). As the NPR 

indicates, emissions from area and nonroad sources in Greene County are 

projected to have an overall decline 

from 2004 through the end of the 2018 

ozone season. Thus, even if point source 

projected emissions were to remain 

steady or even minimally increase 

during this same time frame, the 1997 

ozone NAAQS will be maintained in 

Greene County. However, point source 

measures currently in place, such as the 

NOX SIP call, allow EPA to conclude 

that NOX emissions from point source in 

Greene County are more likely to 

decline than increase or hold steady 

through the end of the 2018 ozone 

season. Thus, even if EPA could comply 

with the D.C. Circuit’s CAIR opinions 

through a new or revised program that 

did not achieve the same (or any) level 

of the NOX reductions of the current 

CAIR program in Greene County, the 

projected emissions in the maintenance 

plan indicate that Greene County will 

continue to maintain the 1997 8-hour 

ozone NAAQS throughout the duration 

of the 120 month (from the effective 

date of this redesignation) and ten ozone 

season (beginning of ozone season 2009 

through end of ozone season 2018) 

maintenance period. EPA may therefore 

approve the redesignation request. 

II. Final Action 

EPA is approving the Commonwealth 

of Pennsylvania’s redesignation request, 

maintenance plan, 2002 base-year 

inventory, and MVEBs SIP revisions 

submitted on January 25, 2007, because 

they satisfy the requirements of the 

CAA. EPA is also approving the 

significant change of a new 

methodology that projects future 

emissions of NOX from EGUs, submitted 

on May 23, 2008 as a revision to the 

Pennsylvania SIP. The final approval of 

this redesignation request will change 

the designation of the Greene County 

Area from nonattainment to attainment 

for the 1997 8-hour ozone standard. 

In this final rulemaking, EPA is 

notifying the public that we have found 

that the MVEBs for NOX and volatile 

organic compounds (VOC) in the Greene 

County Area for the 1997 8-hour ozone 

maintenance plan are adequate and 

approved for conformity purposes. As a 

result of our finding, the Greene County 

Area must use the MVEBs from the 

submitted 8-hour ozone maintenance 

plan for future conformity 

determinations. The adequate and 

approved MVEBs for the Greene County 

Area are provided in the following table: 

TABLE 1—GREENE COUNTY MOTOR

VEHICLE EMISSIONS BUDGETS IN

TONS PER SUMMER DAY (TPSD) 

Year VOC NOX

2009 ..... 1.6 2.6 

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Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations 11673 

TABLE 1—GREENE COUNTY MOTOR

VEHICLE EMISSIONS BUDGETS IN

TONS PER SUMMER DAY (TPSD)— 

Continued 

Year VOC NOX

2018 ..... 1.0 1.3 

The Greene County Area is subject to 

the CAA’s requirement for the basic 

nonattainment areas until and unless it 

is redesignated to attainment. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Redesignation is an action 

that affects the status of a geographical 

area and does not impose any new 

regulatory requirements on sources. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it 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). 

This final rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

Because this action affects the status of 

a geographical area, does not impose 

any new requirements on sources, or 

allows the state to avoid adopting or 

implementing other requirements, this 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the CAA. This rule also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the CAA. Redesignation is an action that 

affects the status of a geographical area 

and does not impose any new 

requirements on sources. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

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

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 18, 2009. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

This action, approving the 

redesignation of the Greene County Area 

to attainment for the 8-hour ozone 

NAAQS, the associated maintenance 

plan, the 2002 base year emission 

inventory, and the MVEBs identified in 

the maintenance plan, may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

Dated: February 11, 2009. 

James W. Newsom, 

Acting Regional Administrator, Region III. 

■ 40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding an entry at 

the end of the table to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

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11674 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations 

Name of nonregulatory SIP 

revision 

Applicable geographic 

area State submittal date EPA approval date Additional explanation 

* * * * * * * 

8-Hour Ozone Maintenance 

Plan and 2002 Base 

Year Emissions Inventory.

Greene County ................. 01/25/07, 05/23/08 ............ March 19, 2009 [Insert 

page number where the 

document begins].

* * * * * 

PART 81—[AMENDED] 

■ 3. The authority citation for Part 81 

continues to read as follows: 

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

■ 4. In § 81.339, the table entitled 

‘‘Pennsylvania-Ozone (8-Hour 

Standard)’’ is amended by revising the 

entry for the Greene County, PA: Greene 

County, to read as follows: 

§ 81.339 Pennsylvania 

* * * * * 

PENNSYLVANIA—OZONE

[8-Hour Standard] 

Designated area 

Designationa Category/classification 

Date1 Type Date1 Type 

* * * * * * * 

Greene County, PA: 

Greene County.

April 20, 2009 ................... Attainment.

* * * * * * * 

a Includes Indian County located in each county or area, except otherwise noted. 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * 

[FR Doc. E9–5851 Filed 3–18–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 and 81 

[EPA–R03–OAR–2007–0624; FRL–8777–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Redesignation of the 

Clearfield/Indiana 8-Hour Ozone 

Nonattainment Area to Attainment and 

Approval of the Maintenance Plan and 

2002 Base-Year Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The Pennsylvania 

Department of Environmental Protection 

(PADEP) is requesting that the Clearfield 

and Indiana Counties ozone 

nonattainment area (Clearfield/Indiana 

Area) be redesignated as attainment for 

the 1997 8-hour ozone national ambient 

air quality standard (NAAQS). EPA is 

approving the ozone redesignation 

request for the Clearfield/Indiana Area. 

In conjunction with its redesignation 

request, PADEP submitted a SIP 

revision consisting of a maintenance 

plan for the Clearfield/Indiana Area that 

provides for continued attainment of the 

1997 8-hour ozone NAAQS for at least 

10 years after redesignation. EPA is 

approving the 8-hour maintenance plan. 

PADEP also submitted a 2002 base year 

inventory for the Clearfield/Indiana 

Area, which EPA is approving. In 

addition, EPA is approving the 

adequacy determination for the motor 

vehicle emission budgets (MVEBs) that 

are identified in the Clearfield/Indiana 

Area maintenance plan for purposes of 

transportation conformity, and is 

approving those MVEBs. EPA is 

approving the redesignation request, the 

maintenance plan, and the 2002 base 

year emissions inventory as revisions to 

the Pennsylvania SIP in accordance 

with the requirements of the Clean Air 

Act (CAA or the Act). 

EFFECTIVE DATE: This final rule is 

effective on April 20, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2007–0624. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environment Protection, 

Bureau of Air Quality Control, P.O. Box 

8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 23, 2008 (73 FR 43731), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval of 

Pennsylvania’s redesignation request 

and maintenance plan SIP revisions for 

the Clearfield/Indiana Area that provide 

for continued attainment of the 1997 8- 

hour ozone NAAQS for at least 10 years 

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