Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the Reading 1997 Eight-Hour Ozone National Ambient Air Quality Standard Maintenance Area |
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W.C. Early
Environmental Protection Agency
March 31, 2014
[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17875-17878]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06671]
[[Page 17875]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0589; FRL-9908-50-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the
Reading 1997 Eight-Hour Ozone National Ambient Air Quality Standard
Maintenance Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (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) for the 1997 Eight-Hour
Ozone National Ambient Air Quality Standard (NAAQS) SIP for Berks
County (Reading Maintenance Area). The SIP revision also includes
updated point and area source inventories for NOX. This
rulemaking action proposes to approve the updated MVEBs and thereby
make them available for transportation conformity purposes. EPA is
approving these revisions to the MVEBs and point and area source
inventories in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on May 30, 2014 without further notice,
unless EPA receives adverse written comment by April 30, 2014. 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-2013-0589 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-2013-0589, 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-
2013-0589. 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 July 22, 2013, Pennsylvania submitted a formal revision to its
SIP. The SIP revision consists of updated MVEBs for NOX for
the 1997 Eight-Hour Ozone NAAQS. The SIP revision also includes updated
point and area source inventories for NOX.
On July 18, 1997 (62 FR 38856), EPA established the 1997 Eight-Hour
Ozone NAAQS. On April 30, 2004 (69 FR 23858), Berks County was
designated as nonattainment for the 1997 Eight-Hour Ozone NAAQS. On
January 25, 2007, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a SIP revision which consisted of a
maintenance plan, a 2002 base year inventory and MVEBs for
transportation conformity purposes. On August 24, 2007 (72 FR 48559),
EPA approved the SIP revision as well as the redesignation request made
by PADEP. Berks County was redesignated as a maintenance area.
The currently SIP-approved MVEBs for the Reading Maintenance 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 SIP revision includes an update to the MVEBs for
NOX for the years 2009 (interim year) and 2018 (maintenance
year) that were produced using the MOVES2010a model. This SIP revision
also includes an update to the point and area source inventories for
NOX. The MVEBs, as well as the point and area source
inventories, were not updated for
[[Page 17876]]
volatile organic compounds (VOCs), therefore providing information
about VOCs in the tables below is not applicable (N/A). A comparison
between the previous point source inventory and the updated point
source inventory is provided in Table 1. (Summary of Point Source
Inventory). A comparison between the previous area source inventory and
the updated area source inventory is provided in Table 2. (Summary of
Area Source Inventory). The previously approved MVEBs were produced
using the Mobile Source Emission Factor Model (MOBILE6.2). A summary of
the updated MOVES-based emissions and previously approved MOBILE6.2-
based emissions for the years 2004, 2009, and 2018 is provided in Table
3. (Summary of Motor Vehicle Emissions). 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 2 ton per day (tpd) safety margin for
NOX. The MVEBs that will be utilized for transportation
conformity purposes and include the safety margins are presented in
Table 4. (Updated MVEBs). 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 Reading 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 rulemaking action and are
available on line at http://www.regulations.gov, Docket number EPA-R03-
OAR-2013-0589.
Table 1--Summary of Point Source Inventory in TPD
------------------------------------------------------------------------
Current Updated
Year -----------------------------------
2009 2018 2009 2018
------------------------------------------------------------------------
NOX................................. 16.8 19.2 11.5 12.6
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Table 2--Summary of Area Source Inventory in TPD
------------------------------------------------------------------------
Current Updated
Year -----------------------------------
2009 2018 2009 2018
------------------------------------------------------------------------
NOX................................. 2.2 2.3 2.3 2.1
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Table 3--Summary of Motor Vehicle Emissions in TPD
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Model MOBILE6.2 MOVES2010a
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Year 2004 2009 2018 2004 2009 2018
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VOCs.......................................... 17.0 12.1 6.5 N/A N/A N/A
NOX........................................... 29.8 20.7 8.4 34.4 27.0 12.9
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Table 4--Updated MVEBs in TPD
------------------------------------------------------------------------
Year 2009 2018
------------------------------------------------------------------------
VOCs.............................................. N/A N/A
NOX............................................... 29.0 14.9
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III. Final Action
EPA is approving Pennsylvania's SIP revision request from July 22,
2013 to update the SIP-approved MVEBs for the Reading Maintenance Area
to reflect the use of the MOVES model. EPA is also proposing to approve
the update to the SIP-approved point and area source inventories. EPA
is approving this SIP revision because it will allow the Reading
Maintenance Area to continue to be in attainment of the 1997 Eight-Hour
Ozone 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. As a result
of EPA's 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 May 30, 2014 without further notice unless EPA receives
adverse comment by April 30, 2014. 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. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
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);
[[Page 17877]]
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).
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 May 30, 2014. 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 rulemaking action pertaining to the update of
the SIP-approved MVEBs and point and area source inventories for the
Reading 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: March 7, 2014.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
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 for Reading Area (Berks County). 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 Additional
revision geographic area submittal date EPA approval date explanation
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* * * * * * *
8-Hour Ozone Maintenance Plan Reading Area 1/25/07 8/24/07................ Correction Notice
and 2002 Base Year Emissions (Berks County). 72 FR 41906............ published 1/14/
Inventory. 08, 73 FR 2162.
7/22/13 3/31/14 [Insert page Revised 2009 and
number where the 2018 Motor
document begins]. Vehicle Emission
Budgets. Revised
2009 and 2018
point and area
source
inventories. See
sections 52.2043
and 52.2052.
* * * * * * *
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* * * * *
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3. Section 52.2043 is amended by designating the existing paragraph as
(a) and adding paragraph (b) to read as follows:
Sec. 52.2043 Control strategy for maintenance plans: ozone.
* * * * *
(b)(1) As of March 31, 2014, EPA approves the following revised
2009 and 2018 point source inventory for nitrogen oxides
(NOX) for the Reading 1997 8-Hour Ozone Maintenance Area
submitted by the Secretary of the Pennsylvania Department of
Environmental Protection:
------------------------------------------------------------------------
Tons per
Applicable geographic area Year day NOX
------------------------------------------------------------------------
Reading 1997 8-Hour Ozone Maintenance Area.......... 2009 11.5
Reading 1997 8-Hour Ozone Maintenance Area.......... 2018 12.6
------------------------------------------------------------------------
(2) As of March 31, 2014, EPA approves the following revised 2009
and 2018 area source inventory for nitrogen oxides (NOX) for
the Reading 1997 8-Hour Ozone Maintenance Area submitted by the
Secretary of the Pennsylvania Department of Environmental Protection:
------------------------------------------------------------------------
Tons per
Applicable geographic area Year day NOX
------------------------------------------------------------------------
Reading 1997 8-Hour Ozone Maintenance Area.......... 2009 2.3
Reading 1997 8-Hour Ozone Maintenance Area.......... 2018 2.1
------------------------------------------------------------------------
[[Page 17878]]
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4. Section 52.2052 is amended by designating the existing paragraph as
(a) and adding paragraph (b) to read as follows:
Sec. 52.2052 Motor vehicle emissions budgets for Pennsylvania ozone
areas.
* * * * *
As of March 31, 2014, EPA approves the following revised 2009 and
2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides
(NOX) for the Reading 1997 8-Hour Ozone Maintenance Area
submitted by the Secretary of the Pennsylvania Department of
Environmental Protection:
------------------------------------------------------------------------
Tons per
Applicable geographic area Year day NOX
------------------------------------------------------------------------
Reading 1997 8-Hour Ozone Maintenance Area.......... 2009 29.0
Reading 1997 8-Hour Ozone Maintenance Area.......... 2018 14.9
------------------------------------------------------------------------
[FR Doc. 2014-06671 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P