Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the Lancaster 1997 8-Hour Ozone Maintenance Area |
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W.C. Early
Environmental Protection Agency
August 8, 2013
[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48323-48326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18878]
[[Page 48323]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0058; FRL-9841-8]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the
Lancaster 1997 8-Hour Ozone Maintenance Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Commonwealth of Pennsylvania's (Pennsylvania) State Implementation Plan
(SIP). The revisions consist of an update to the SIP-approved Motor
Vehicle Emissions Budgets (MVEBs) for nitrogen oxides (NOX)
and volatile organic compounds (VOCs), and an updated point source
inventory for NOX and VOCs for the 1997 8-Hour Ozone
National Ambient Air Quality Standard (NAAQS) SIP for Lancaster County
(hereafter referred to as the ``Lancaster Maintenance Area''). EPA's
approval of the updated MVEBs makes them available for transportation
conformity purposes. EPA is approving these revisions to the MVEBs and
point source inventory in accordance with the requirements of the Clean
Air Act (CAA).
DATES: This rule is effective on October 7, 2013 without further
notice, unless EPA receives adverse written comment by September 9,
2013. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0058 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-2013-0058, 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-
2013-0058. 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:
I. Background
On November 19, 2012, Pennsylvania submitted formal revisions to
its SIP. One SIP revision consists of updated MVEBs for NOX
and VOCs for the 1997 8-Hour Ozone NAAQS. The other SIP revision
updates the point source inventory for NOX and VOCs.
On July 18, 1997 (62 FR 38856), EPA established the 1997 8-Hour
Ozone NAAQS. On April 30, 2004 (69 FR 23857), Lancaster County was
designated as nonattainment for the 1997 8-Hour Ozone NAAQS. On
September 20, 2006, the Pennsylvania Department of Environmental
Protection (DEP) submitted a SIP revision which consisted of a
maintenance plan, a 2002 base year inventory and MVEBs for
transportation conformity purposes. On November 8, 2006, Pennsylvania
DEP supplemented their September 20, 2006 submittal. On July 6, 2007
(72 FR 36889), EPA approved the SIP revision as well as the
redesignation request made by Pennsylvania DEP and Lancaster County was
redesignated as a maintenance area.
The currently SIP-approved MVEBs for the Lancaster 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 Motor Vehicle Emissions Simulator (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 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 and which
is used by Pennsylvania in this SIP revision.
II. Summary of SIP Revision
This MVEBs SIP revision updates the MVEBs for NOX and
VOCs for the years 2009 (interim year) and 2018 (maintenance year) that
were produced using the MOVES2010a model. The point source inventory
SIP revision updates the point source inventory for NOX and
VOCs. A comparison between the previous point source inventory and the
updated point source inventory is
[[Page 48324]]
provided in Table 1. The previously approved MVEBs were produced using
the Mobile Source Emission Factor Model (MOBILE6.2). A summary of the
updated MOVES-based MVEBs and previously approved MOBILE6.2-based MVEBs
for the years 2009 and 2018 is provided in Table 2. 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 maintenance plan. Also, part of the update of the
MVEBs is the addition of a two tons per day (tpd) safety margin for
both NOX and VOCs. The MVEBs that will be utilized for
transportation conformity purposes and include the safety margins are
presented in Table 3. These safety margins were added because emissions
in the interim (2009) and maintenance (2018) years are significantly
less than the attainment year emissions, which is the year that the
Lancaster Maintenance Area attained the standard. A detailed summary of
EPA's review and rationale for proposing to approve this SIP revision
may be found in the Technical Support Documents (TSDs) prepared in
support of this proposed approval and are available on line at http://www.regulations.gov, Docket number EPA-R03-OAR-2013-0058.
Table 1--Summary of Point Source Inventory for the Lancaster Maintenance Area
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Current Updated
Year ---------------------------------------------------------------
2009 2018 2009 2018
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VOCs (tpd)...................................... 8.7 11 5.5 7.7
NOX (tpd)....................................... 4.1 4.6 3.2 3.6
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Table 2--Summary of Motor Vehicle Emissions for the Lancaster Maintenance Area
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Model MOBILE6.2 MOVES2010a
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Year 2009 2018 2009 2018
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VOCs (tpd)...................................... 14.33 7.77 14.29 8.14
NOX (tpd)....................................... 22.32 8.99 33.18 18.57
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Table 3--Updated MVEBs for the Lancaster Maintenance Area
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Year 2009 2018
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VOCs (tpd)............................................ 35.18 14.29
NOX (tpd)............................................. 20.57 10.14
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III. Final Action
EPA is approving Pennsylvania's SIP revision from November 19, 2012
to update the SIP-approved MVEBs for the Lancaster County Maintenance
Area to reflect the use of the MOVES model. EPA is also approving the
update to the SIP-approved point source inventory. This SIP revision
allows the Lancaster County Maintenance Area to continue to be in
attainment of the 1997 8-Hour Ozone NAAQS. The updated MVEBs meet the
adequacy requirements set forth in 40 CFR 93.118(e)(4)(i)-(vi), and
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 is publishing
this rule without prior proposal because EPA views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the ``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on October 7, 2013 without further notice unless EPA
receives adverse comment by September 9, 2013. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
IV. Statutory and Executive Order Reviews
A. General Requirements
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 approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this 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 CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
[[Page 48325]]
In addition, this rule 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.
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 action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action 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 October 7, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action.
This action pertaining to the update of the SIP-approved MVEBs and
point source inventory for the Lancaster Maintenance Area may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: July 18, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
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2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by
revising the entry for the 8-Hour Ozone Maintenance Plan and 2002 Base
Year Emissions Inventory. The revised text reads as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
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* * * * * * *
8-Hour Ozone Maintenance Plan Lancaster Area 9/20/06, 11/8/06 7/6/07, 72 FR ..................
and 2002 Base Year Emissions (Lancaster 36889.
Inventory. County).
11/29/12 8/8/13 [Insert Revised 2009 and
page number where 2018 Motor
the document Vehicle Emission
begins]. Budgets. Revised
2009 and 2018
point source
inventory. See
sections 52.2043
and 52.2052.
* * * * * * *
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3. Section 52.2043 is added to read as follows:
Sec. 52.2043 Control strategy for maintenance plans: ozone.
As of August 8, 2013, EPA approves the following revised 2009 and
2018 point source inventory for nitrogen oxides (NOX) and
volatile organic compounds (VOCs) for the Lancaster 1997 8-Hour Ozone
Maintenance Area submitted by the Secretary of the Pennsylvania
Department of Environmental Protection:
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Tons per day Tons per day
Applicable geographic area Year NOX VOCs
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Lancaster 1997 8-Hour Ozone Maintenance Area.................... 2009 3.2 5.5
Lancaster 1997 8-Hour Ozone Maintenance Area.................... 2018 3.6 7.7
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4. Section 52.2052 is added to read as follows:
Sec. 52.2052 Motor vehicle emissions budgets for Pennsylvania ozone
areas.
As of August 8, 2013, EPA approves the following revised 2009 and
2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds (VOCs) for the
Lancaster 1997 8-Hour Ozone
[[Page 48326]]
Maintenance Area submitted by the Secretary of the Pennsylvania
Department of Environmental Protection:
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Tons per day Tons per day
Applicable geographic area Year NOX VOCs
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Lancaster 1997 8-Hour Ozone Maintenance Area.................... 2009 20.57 35.18
Lancaster 1997 8-Hour Ozone Maintenance Area.................... 2018 10.14 14.29
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[FR Doc. 2013-18878 Filed 8-7-13; 8:45 am]
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