Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Motor Vehicle Emissions Budgets for the Pennsylvania Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 Fine Particulate Matter Nonattainment Area |
|---|
|
W.C. Early
Environmental Protection Agency
February 15, 2013
[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Proposed Rules]
[Pages 11122-11124]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03594]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0954; FRL-9781-8]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Motor Vehicle Emissions Budgets for the Pennsylvania
Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 Fine Particulate
Matter Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania (Pennsylvania).
This proposed revision consists of an update to the SIP-approved Motor
Vehicle Emissions Budgets (MVEBs) for the Pennsylvania counties in the
Philadelphia-Wilmington, PA-NJ-DE 1997 fine particulate matter
(PM2.5) Nonattainment Area (hereafter referred to as the
Philadelphia Area) to reflect the use of the most recent version of the
Motor Vehicle Emission Simulator model (MOVES). Those counties are:
Philadelphia, Montgomery, Delaware, Chester, and Bucks Counties. This
rulemaking proposes to approve the MVEBs and thereby make them
available for transportation conformity purposes. EPA determined on May
16, 2012 that the Philadelphia Area attained the 1997 PM2.5
National Ambient Air Quality Standard (NAAQS) by the applicable
attainment date. Approval of this SIP revision will not interfere with
the Philadelphia Area's ability to continue to attain the 1997
PM2.5 NAAQS. This action is being taken under section 110 of
the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 18, 2013.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0954 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2012-0954, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the 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-
2012-0954. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION: EPA determined on May 16, 2012 (77 FR 28782)
that the Philadelphia Area attained the 1997 PM2.5 NAAQS by
the applicable attainment date, April 5, 2010. On November 6, 2012, the
Pennsylvania DEP submitted a draft SIP revision to update the SIP-
approved MVEBs for the Philadelphia Area to reflect the use of the most
recent version of the MOVES model. On January 29, 2013, Pennsylvania
DEP submitted its formal, final SIP revision to update the SIP-approved
MVEBs for the Philadelphia Area.
I. Background
The currently SIP-approved MVEBs for the Philadelphia Area were
developed using the Highway Mobile Source Emission Factor Model
(MOBILE6.2). On March 2, 2010 (75 FR 9411), EPA published a notice of
availability for the MOVES2010 model for use in developing MVEBs for
SIPs and for conducting transportation conformity analyses. EPA
commenced a two year grace period after which time the MOVES2010 model
would have to be used for transportation conformity purposes. The two
year grace period was scheduled to end on March 2, 2012. On February
27, 2012 (77 FR 11394), EPA published a final rule extending the grace
period for one more year to March 2, 2013 to ensure adequate time
[[Page 11123]]
for affected parties to have the capacity to use the MOVES model to
develop or update the applicable MVEBs in SIPs and to conduct
conformity analyses. On September 8, 2010, EPA released MOVES2010a,
which is a minor update to MOVES2010 (hereafter referred to as the
MOVES model), and which is used by Pennsylvania in this SIP revision.
By requesting that EPA approve its SIP revision to update the SIP-
approved MVEBs of the Philadelphia Area to reflect the use of the MOVES
model, Pennsylvania DEP is seeking to ensure that the applicable SIP-
approved MVEBs are MOVES-based for use in transportation conformity
analyses. The transportation conformity rules can be found in 40 CFR
93, Subpart A. One of the requirements for transportation conformity is
that any transportation plan, transportation improvement program (TIP)
or transportation project not already part of a conforming TIP must
conform to the MVEBs in the applicable SIP. In order for the MVEBs in a
SIP to be used to determine conformity of a TIP or a transportation
project, the MVEBs must be deemed adequate and/or approved as a SIP
revision. The requirements for adequacy are set forth in 40 CFR
93.118(e)(4)(i)-(vi). EPA is proposing to approve the updated MVEBs of
the Philadelphia Area as a SIP revision because EPA has thoroughly
reviewed the SIP revision and determined that those MVEBs meet the
adequacy requirements and have been correctly re-calculated to reflect
the use of the MOVES model. Upon final SIP approval, the updated MVEBs
will become the applicable MVEBs for use in performing transportation
conformity analyses.
II. Summary of the SIP Revision
On November 6, 2012, Pennsylvania DEP submitted to EPA a draft SIP
revision which updates the Philadelphia Area's MVEBs to reflect the use
of the MOVES model. On January 29, 2013, Pennsylvania DEP submitted its
formal, final SIP revision to update the Philadelphia Area's MVEBs to
reflect the use of the MOVES model. The MVEBs are for PM2.5
and nitrogen oxides (NOX). The attainment demonstration
documented that NOX is the only significant precursor from
on-road sources to the formation of PM2.5 in the
Philadelphia Area. The MVEBs were previously developed using MOBILE6.2
for the year 2009. The previously developed MVEBs for PM2.5
and NOX for the Philadelphia Area were approved as part of
EPA's approval of Pennsylvania's 1997 PM2.5 attainment plan
on August 28, 2012 (77 FR 51930). A summary of the updated MOVES-based
MVEBs and previously approved MOBILE6.2-based MVEBs for 2009 is
provided in Table 1: Summary of MVEBs; the emissions for each pollutant
are provided in tons per year (tpy). Also presented in Table 1 is a
comparison between the 2002 base year inventory, which was produced by
MOBILE6.2 and updated with MOVES, and the 2009 MVEBs. Even though there
is an emissions increase in the MOVES-based MVEBs, the increase is not
due to an increase in emissions from mobile sources. The increase is
due to the fact that the MOVES model provides more accurate emissions
estimates than MOBILE6.2 rather than growth that had not been
anticipated in the attainment demonstration or changes to any control
measures. Even though the MVEBs as calculated using MOVES result in a
higher estimate of emissions, the MVEBs are consistent with
requirements for attainment in the Philadelphia Area. This is because
EPA determined on May 16, 2012 (77 FR 28782) that the Philadelphia Area
attained the 1997 PM2.5 NAAQS by the applicable attainment
date and the area continues to attain the 1997 PM2.5 NAAQS.
The design values for the years 2007-2009, 2008-2010, and 2009-2011
respectively are as follows: 13.7 micrograms per cubic meter ([micro]g/
m\3\), 13.8 [micro]g/m\3\, and 13.7 [micro]g/m\3\. All of the design
values are below the 1997 PM2.5 NAAQS which is 15 [micro]g/
m\3\. Also, preliminary 2012 data show that the Philadelphia Area
continues to attain the standard. Therefore, this update to the SIP-
approved MVEBs to reflect the use of the MOVES model does not interfere
with the Philadelphia Area's ability to continue to be in attainment of
the 1997 PM2.5 NAAQS. A detailed summary of EPA's review and
rationale for proposing to approve this SIP revision may be found in
the Technical Support Document (TSD) prepared in support of this
proposed approval and is available on line at http://www.regulations.gov, Docket number EPA-R03-OAR-2012-0954.
Table 1--Summary of MVEBs
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Model MOBILE6.2
MOVES2010a
----------------------------------------------------------------------------------------------------------------
Year.................................... 2002 2009 2002 2009
----------------------------------------------------------------------------------------------------------------
PM2.5 (tpy)............................. 1032.8 699.1 2,904.60 1,907.5
----------------------------------------------------------------------------------------------------------------
NOX (tpy)............................... 63,475.9 36,317.7 90,879.00 57,218.3
----------------------------------------------------------------------------------------------------------------
III. Proposed Action
EPA is proposing to approve Pennsylvania DEP's SIP revision request
from January 29, 2013 to update the SIP-approved MVEBs in the
Philadelphia Area to reflect the use of the MOVES model. EPA is
proposing approval because this SIP revision will allow the
Philadelphia Area to continue to be in attainment of the 1997
PM2.5 NAAQS, and our in depth review of the SIP revision
leads EPA to conclude that the updated MVEBs meet the adequacy
requirements set forth in 40 CFR 93.118(e)(4)(i)-(vi), and the updated
MVEBs have been correctly calculated to reflect the use of the MOVES
model. Upon final approval, these updated MVEBs will be both adequate
and SIP-approved for purposes of transportation conformity.
EPA issued conformity regulations to implement the 1997
PM2.5 NAAQS in July 2004 and May 2005. See 69 FR 40004 (July
1, 2004) and 70 FR 24280 (May 6, 2005). Those actions were not part of
the final rule recently remanded to EPA by the Court of Appeals for the
District of Columbia in NRDC v. EPA, No. 08-1250 (January 4, 2013), in
which the Court remanded to EPA the implementation rule for the
PM2.5 NAAQS because it concluded that EPA must implement
that NAAQS pursuant to the PM-specific implementation provisions of
Subpart 4 of Part D of Title I of the CAA, rather than solely under the
general provisions of Subpart 1. That decision does not affect EPA's
proposed approval of the Philadelphia Area MVEBs. First, as noted
above, EPA's conformity rule implementing the 1997 PM2.5
NAAQS was a separate action from the overall PM2.5
implementation rule addressed by the Court and was not considered or
disturbed by the decision. Therefore, the conformity regulations were
not at issue
[[Page 11124]]
in NRDC v. EPA.\1\ In addition, the Philadelphia Area is currently
attaining the 1997 PM2.5 NAAQS and EPA has approved
Pennsylvania DEP's attainment demonstration for the Philadelphia Area,
and the revised MVEBs simply update the budget calculations using
MOVES, as explained above. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
---------------------------------------------------------------------------
\1\ The 2004 rulemaking action addressed most of the
transportation conformity requirements that apply in
PM2.5 nonattainment and maintenance areas. The 2005
conformity rule included provisions addressing treatment of
PM2.5 precursors in MVEBs. See 40 CFR 93.102(b)(2). While
none of these provisions were challenged in the NRDC case, EPA also
notes that the court declined to address challenges to EPA's
presumptions regarding PM2.5 precursors in the
PM2.5 implementation rule. NRDC v. EPA, slip op. at 18 n.
10.
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule concerning Pennsylvania's January
29, 2013 request to update the applicable MVEBs of the Philadelphia
Area does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), because the SIP is not approved
to apply in Indian country located in the state, and EPA notes that it
will not impose substantial direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 7, 2013.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-03594 Filed 2-14-13; 8:45 am]
BILLING CODE 6560-50-P