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 

mstockstill on PROD1PC66 with RULES

Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations 11675 

after redesignation. The NPR also 

proposed approval of a 2002 base year 

emissions inventory for the Clearfield/ 

Indiana Area. The formal SIP revisions 

were submitted by PADEP on June 14, 

2007, with two significant changes 

submitted on May 23, 2008 that 

separated the MVEBs for the Clearfield/ 

Indiana Area into separate MVEBs for 

Clearfield County and Indiana County 

and used a new methodology that 

projects 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 Clearfield/Indiana 

Area. 

However, 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 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, 2008 

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 Clearfield and Indiana Counties 

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 42739, July 23, 2008). As 

the NPR indicates, emissions from area 

and non-road sources in the Clearfield/ 

Indiana Area 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 the Clearfield/Indiana 

Area. However, point source measures 

currently in place, such as the NOX SIP 

call, allow EPA to conclude that NOX

emissions from point source in the 

Clearfield/Indiana Area 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 the Clearfield/Indiana 

Area, the projected emissions in the 

maintenance plan indicate that the 

Clearfield/Indiana Area 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 June 14, 2007, because 

they satisfy the requirements of the 

CAA. EPA is also approving the two 

significant changes that separated the 

MVEBs for the Clearfield/Indiana Area 

into separate MVEBs for Clearfield 

County and Indiana County and used 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 Clearfield/Indiana 

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 

Clearfield/Indiana Area for the 1997 8- 

hour ozone maintenance plan are 

adequate and approved for conformity 

mstockstill on PROD1PC66 with RULES

11676 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations 

purposes. As a result of our finding, the 

Clearfield/Indiana Area must use the 

MVEBs from the submitted 8-hour 

ozone maintenance plan for future 

conformity determinations. The 

Clearfield/Indiana Area contains one 

Metropolitan Planning Organizations 

(MPO) and one Rural Planning 

Organizations (RPO) responsible for 

transportation planning within the 

Clearfield/Indiana Area. The MPO is the 

Southwestern Pennsylvania 

Commission for Indiana County, and the 

RPO is the North Central PA Regional 

Planning and Development Commission 

for Clearfield County. The adequate and 

approved MVEBs for the MPO and the 

RPO within the Clearfield/Indiana Area 

are provided in the following tables: 

TABLE 1A—CLEARFIELD/INDIANA

MOTOR VEHICLE EMISSIONS BUDGETS, NORTH CENTRAL PENNSYLVANIA REGIONAL PLANNING AND DEVELOPMENT COMMISSION RPO 

(CLEARFIELD COUNTY PORTION OF

THE AREA), IN TONS PER SUMMER

DAY (TPD) 

Year VOC NOX

2009 .................................. 4.11 11.44 

2018 .................................. 2.71 5.14 

TABLE 1B—CLEARFIELD/INDIANA

MOTOR VEHICLE EMISSIONS BUDGETS SOUTHWESTERN PENNSYLVANIA

COMMISSION MPO (INDIANA COUNTY PORTION OF THE AREA), IN TONS

PER SUMMER DAY (TPD) 

Year VOC NOX

2009 .................................. 3.06 4.85 

2018 .................................. 1.92 2.40 

The Clearfield/Indiana 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 (Public Law 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 Clearfield/Indiana 

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. 

mstockstill on PROD1PC66 with RULES

Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations 11677 

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) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

* * * * * * * 

8-Hour Ozone Maintenance 

Plan and 2002 Base Year 

Emissions Inventory.

Clearfield/Indiana Area: 

Clearfield and Indiana 

Counties.

06/14/07, 05/23/08 ............. 3/19/09 [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 Clearfield and Indiana, PA, 

Clearfield County, Indiana County, to 

read as follows: 

§ 81.339 Pennsylvania 

* * * * * 

PENNSYLVANIA—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date1 Type Date 1 Type 

* * * * * * * 

Clearfield and Indiana, PA: Clearfield County, Indiana County, Northampton 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. E9–5885 Filed 3–18–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 258 

[EPA–R09–RCRA–2008–0354; FRL–8777–9] 

Final Determination to Approve 

Research, Development, and 

Demonstration Request for the Salt 

River Landfill 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final Rule. 

SUMMARY: The Environmental Protection 

Agency Region IX is making a final 

determination to approve a research, 

development, and demonstration 

(RD&D) project at the Salt River 

Landfill, a commercial municipal solid 

waste landfill (MSWLF) owned and 

operated by the Salt River PimaMaricopa County Indian Community 

(SRPMIC) on the SRPMIC reservation in 

Arizona. EPA is promulgating a sitespecific rule proposed on August 4, 

2008, that approves the RD&D project at 

the Salt River Landfill. 

DATES: This final rule is effective on 

March 19, 2009. The incorporation by 

reference of certain publications listed 

in this rule have been approved by the 

Director of the Federal Register on 

March 19, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–RCRA–2008–0354. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 at the Docket Facility located at 

the Environmental Protection Agency 

Region IX, 75 Hawthorne Street, San 

Francisco, California. The Docket 

Facility is open from 9 a.m. to 4 p.m., 

Monday through Thursday, excluding 

legal holidays, and is located in a 

secured building. To review docket 

materials at the Docket facility, it is 

recommended that the public make an 

appointment by calling the Docket 

Facility at (415) 947–4406 during 

normal business hours. 

FOR FURTHER INFORMATION CONTACT: 

Karen Ueno, Waste Management 

Division, WST–7, Environmental 

Protection Agency, 75 Hawthorne 

Street, San Francisco, CA 94105–3901; 

telephone number: (415) 972–3317; fax 

number: (415) 947–3530; e-mail 

address: ueno.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

mstockstill on PROD1PC66 with RULES