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Federal Register / Vol. 72, No.

105 / Friday, June 1, 2007 / Proposed Rules 30521

the redesignation of the Cambria Area to provides for continued attainment of the protected through http://
attainment for the 8-hour ozone 8-hour ozone NAAQS for at least 10 www.regulations.gov or e-mail. The
NAAQS, the associated maintenance years after redesignation. EPA is http://www.regulations.gov Web site is
plan, the 2002 base-year inventory, and proposing to make a determination that an ‘‘anonymous access’’ system, which
the MVEBs identified in the the Harrisburg Area has attained the 8- means EPA will not know your identity
maintenance plan, does not impose an hour ozone NAAQS, based upon three or contact information unless you
information collection burden under the years of complete, quality-assured provide it in the body of your comment.
provisions of the Paperwork Reduction ambient air quality monitoring data for If you send an e-mail comment directly
Act of 1995 (44 U.S.C. 3501 et seq.). 2003–2005. EPA’s proposed approval of to EPA without going through http://
the 8-hour ozone redesignation request www.regulations.gov, your e-mail
List of Subjects
is based on its determination that the address will be automatically captured
40 CFR Part 52 Harrisburg Area has met the criteria for and included as part of the comment
Environmental protection, Air redesignation to attainment specified in that is placed in the public docket and
pollution control, Nitrogen oxides, the Clean Air Act (CAA). In addition, made available on the Internet. If you
Ozone, Reporting and recordkeeping the Commonwealth of Pennsylvania has submit an electronic comment, EPA
requirements, Volatile organic also submitted a 2002 base-year recommends that you include your
compounds. inventory for the Harrisburg Area, and name and other contact information in
EPA is proposing to approve that the body of your comment and with any
40 CFR Part 81 inventory for the Harrisburg Area as a disk or CD–ROM you submit. If EPA
Air pollution control, National parks, SIP revision. EPA is also providing cannot read your comment due to
Wilderness Areas. information on the status of its technical difficulties and cannot contact
Authority: 42 U.S.C. 7401 et seq.
adequacy determination for the motor you for clarification, EPA may not be
vehicle emission budgets (MVEBs) that able to consider your comment.
Dated: May 25, 2007. are identified in the maintenance plan Electronic files should avoid the use of
Donald S. Welsh, for the Harrisburg Area for purposes of special characters, any form of
Regional Administrator, Region III. transportation conformity, and is also encryption, and be free of any defects or
[FR Doc. E7–10584 Filed 5–31–07; 8:45 am] proposing to approve those MVEBs. viruses.
BILLING CODE 6560–50–P EPA is proposing approval of the Docket: All documents in the
redesignation request and of the electronic docket are listed in the
maintenance plan and 2002 base-year http://www.regulations.gov index.
ENVIRONMENTAL PROTECTION inventory SIP revisions in accordance Although listed in the index, some
AGENCY with the requirements of the CAA. information is not publicly available,
DATES: Written comments must be i.e., CBI or other information whose
40 CFR Parts 52 and 81 disclosure is restricted by statute.
received on or before July 2, 2007.
[EPA–R03–OAR–2007–0323; FRL–8321–2] ADDRESSES: Submit your comments, Certain other material, such as
identified by Docket ID Number EPA– copyrighted material, is not placed on
Approval and Promulgation of Air R03–OAR–2007–0323 by one of the the Internet and will be publicly
Quality Implementation Plans; following methods: available only in hard copy form.
Pennsylvania; Redesignation of the A. http://www.regulations.gov. Follow Publicly available docket materials are
Harrisburg-Lebanon-Carlisle Ozone the on-line instructions for submitting available either electronically in http://
Nonattainment Area to Attainment and comments. www.regulations.gov or in hard copy
Approval of the Area’s Maintenance B. E-mail: miller.linda@epa.gov. during normal business hours at the Air
Plan and 2002 Base Year Inventory C. Mail: EPA–R03–OAR–2007–0323, Protection Division, U.S. Environmental
AGENCY: Environmental Protection Linda Miller, Acting Chief, Air Quality Protection Agency, Region III, 1650
Agency (EPA). Planning Branch, Mailcode 3AP21, U.S. Arch Street, Philadelphia, Pennsylvania
Environmental Protection Agency, 19103. Copies of the State submittal are
ACTION: Proposed rule.
Region III, 1650 Arch Street, available at the Pennsylvania
SUMMARY: EPA is proposing to approve Philadelphia, Pennsylvania 19103. Department of Environmental
a redesignation request and State D. Hand Delivery: At the previously- Protection, Bureau of Air Quality
Implementation Plan (SIP) revisions listed EPA Region III address. Such Control, P.O. Box 8468, 400 Market
submitted by the Commonwealth of deliveries are only accepted during the Street, Harrisburg, Pennsylvania 17105.
Pennsylvania. The Pennsylvania Docket’s normal hours of operation, and FOR FURTHER INFORMATION CONTACT:
Department of Environmental Protection special arrangements should be made Ellen Wentworth, (215) 814–2034, or by
(PADEP) is requesting that the for deliveries of boxed information. e-mail at wentworth.ellen@epa.gov.
Harrisburg-Lebanon-Carlisle ozone Instructions: Direct your comments to SUPPLEMENTARY INFORMATION:
nonattainment area (‘‘Harrisburg Area’’ Docket ID No. EPA–R03–OAR–2007– Throughout this document whenever
or ‘‘Area’’) be redesignated as 0323. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
attainment for the 8-hour ozone national received will be included in the public EPA.
ambient air quality standard (NAAQS). docket without change, and may be
The Area is comprised of the counties made available online at http:// Table of Contents
of Cumberland, Dauphin, Lebanon, and www.regulations.gov, including any I. What Are the Actions EPA Is Proposing to
Perry. EPA is proposing to approve the personal information provided, unless Take?
II. What Is the Background for These
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ozone redesignation request for the the comment includes information


Proposed Actions?
Harrisburg Area. In conjunction with its claimed to be Confidential Business III. What Are the Criteria for Redesignation
redesignation request, the Information (CBI) or other information to Attainment?
Commonwealth submitted a SIP whose disclosure is restricted by statute. IV. Why Is EPA Taking These Actions?
revision consisting of a maintenance Do not submit information that you V. What Would Be the Effect of These
plan for the Harrisburg Area that consider to be CBI or otherwise Actions?

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30522 Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Proposed Rules

VI. What Is EPA’s Analysis of the parts per million (ppm). This new in South Coast is not an impediment to
Commonwealth’s Request? standard is more stringent than the redesignating the Harrisburg Area to
VII. Are the Motor Vehicle Emissions previous 1-hour standard. EPA attainment of the 8-hour ozone NAAQS.
Budgets Established and Identified in the The CAA, title I, part D, contains two
designated, as nonattainment, any area
Maintenance Plan for the Harrisburg
Area Adequate and Approvable? violating the 8-hour ozone NAAQS sets of provisions—subpart 1 and
VIII. Proposed Actions based on the air quality data for the subpart 2—that address planning and
IX. Statutory and Executive Order Reviews three years of 2001–2003. These were control requirements for nonattainment
the most recent three years of data at the areas. Subpart 1 (which EPA refers to as
I. What Are the Actions EPA Is time EPA designated 8-hour areas. The ‘‘basic’’ nonattainment) contains
Proposing to Take? Harrisburg Area was designated a basic general, less prescriptive requirements
On March 27, 2007, the PADEP 8-hour ozone nonattainment area, in a for nonattainment areas for any
formally submitted a request to Federal Register notice signed on April pollutant—including ozone—governed
redesignate the Harrisburg Area from 15, 2004 and published on April 30, by a NAAQS. Subpart 2 (which EPA
nonattainment to attainment of the 8- 2004 (69 FR 23857), based on its refers to as ‘‘classified’’ nonattainment)
hour NAAQS for ozone. Concurrently, exceedance of the 8-hour health-based provides more specific requirements for
Pennsylvania submitted a maintenance standard for ozone during the years ozone nonattainment areas.
plan for the Harrisburg Area as a SIP 2001–2003. In 2004, the Harrisburg Area was
revision to ensure continued attainment On April 30, 2004, EPA issued a final classified a basic 8-hour ozone
in the Area over the next 11 years. rule (69 FR 23951, 23996) to revoke the nonattainment area based upon air
PADEP also submitted a 2002 base-year 1-hour ozone NAAQS in the Harrisburg quality monitoring data from 2001–
inventory for the Harrisburg Area as a Area (as well as in most other areas of 2003. Therefore, the Harrisburg Area is
SIP revision. The Harrisburg Area is the country) effective June 15, 2005. subject to the requirements of subpart 1
comprised of the counties of See, 40 CFR 50.9(b); 69 FR at 23996 of part D.
Cumberland, Dauphin, Lebanon, and (April 30, 2004); 70 FR 44470 (August Under 40 CFR part 50, the 8-hour
Perry, and is currently designated a 3, 2005). ozone standard is attained when the 3-
basic 8-hour ozone nonattainment area. However, on December 22, 2006, the year average of the annual fourth-
EPA is proposing to determine that the U.S. Court of Appeals for the District of highest daily maximum 8-hour average
Harrisburg Area has attained the 8-hour Columbia Circuit vacated EPA’s Phase 1 ambient air quality ozone
ozone NAAQS and that it has met the Implementation Rule for the 8-hour concentrations is less than or equal to
requirements for redesignation pursuant Ozone Standard. (69 FR 23951, April 30, 0.08 ppm (i.e., 0.084 ppm when
to section 107(d)(3)(E) of the CAA. EPA 2004). See, South Coast Air Quality rounding is considered). See 69 FR
is, therefore, proposing to approve the Management Dist.v.EPA, 472 F. 3d 882 23857 (April 30, 2004) for further
redesignation request to change the (D.C. Cir. 2006) (hereafter ‘‘South information. Ambient air quality
designation of the Harrisburg Area from Coast.’’). The Court held that certain monitoring data for the 3-year period
nonattainment to attainment for the 8- provisions of EPA’s Phase 1 Rule were must meet data completeness
hour ozone NAAQS. EPA is also inconsistent with the requirements of requirements. The data completeness
proposing to approve the Harrisburg the CAA. The Court rejected EPA’s requirements are met when the average
Area maintenance plan as a SIP revision reasons for implementing the 8-hour percent of days with valid ambient
for the Area (such approval being one of standard in nonattainment areas under monitoring data is greater than 90
the CAA criteria for redesignation to subpart 1 in lieu of subpart 2 of Title I, percent, and no single year has less than
attainment status). The maintenance part D of the Act. The Court also held 75 percent data completeness as
plan is designed to ensure continued that EPA improperly failed to retain four determined in Appendix I of 40 CFR
attainment in the Harrisburg Area for measures required for 1-hour part 50. The ozone monitoring data
the next 11 years. EPA is also proposing nonattainment areas under the anti- indicates that the Harrisburg Area has a
to approve the 2002 base-year inventory backsliding provisions of the design value of 0.078 ppm for the 3-year
for the Harrisburg Area as a SIP regulations: (1) Nonattainment area New period of 2003–2005, using complete,
revision. Additionally, EPA is Source Review (NSR) (requirements quality-assured data. Additionally,
announcing its action on the adequacy based on an area’s 1-hour nonattainment certified 2006 ozone monitoring data
process for the MVEBs identified in the classification); (2) Section 185 penalty indicates that the Harrisburg Area
Harrisburg Area maintenance plan, and fees for 1-hour severe or extreme continues to attain the ozone NAAQS.
proposing to approve the MVEBs nonattainment areas; (3) measures to be Therefore the ambient ozone data for the
identified for volatile organic implemented pursuant to section Harrisburg Area indicates no violations
compounds (VOCs) and nitrogen oxides 172(c)(9) or 182(c)(9) of the Act, on the of the 8-hour ozone standard.
(NOX) for the Harrisburg Area for contingency of an area not making
reasonable further progress toward The Harrisburg Area
transportation conformity purposes.
attainment of the 1-hour NAAQS, or for The Harrisburg Area consists of the
II. What Is the Background for These failure to attain that NAAQS; and (4) the counties of Cumberland, Dauphin,
Proposed Actions? certain conformity requirements for Lebanon, and Perry, Pennsylvania. Prior
Ground-level ozone is not emitted certain types of federal actions. The to its designation as an 8-hour basic
directly by sources. Rather, emissions of Court upheld EPA’s authority to revoke ozone nonattainment area (69 FR 23857,
NOX and VOC react in the presence of the 1-hour standard provided there were April 30, 2004), the Harrisburg Area was
sunlight to form ground-level ozone. adequate anti-backsliding provisions. a marginal 1-hour ozone nonattainment
The air pollutants NOX and VOC are Elsewhere in this document, mainly in Area, and therefore, was subject to
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referred to as precursors of ozone. The section VI.B, ‘‘The Harrisburg Area Has requirements for marginal
CAA establishes a process for air quality Met All Applicable Requirements Under nonattainment areas pursuant to section
management through the attainment and Section 110 and Part D of the CAA and 182(a) of the CAA. See 56 FR 56694
maintenance of the NAAQS. Has a Fully Approved SIP Under (November 6, 1991). EPA determined
On July 18, 1997, EPA promulgated a Section 110(k) of the CAA,’’ EPA that the Harrisburg Area has attained the
revised 8-hour ozone standard of 0.08 discusses its rationale why the decision 1-hour ozone NAAQS by the November

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Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Proposed Rules 30523

15, 1993 attainment date (60 FR 3349, Memorandum from Bill Laxton, June 18, IV. Why Is EPA Taking These Actions?
January 17, 1995). 1990;
On March 27, 2007, the PADEP • ‘‘Maintenance Plans for On March 27, 2007, the PADEP
requested that the Harrisburg Area be Redesignation of Ozone and Carbon requested redesignation of the
redesignated to attainment for the 8- Monoxide Nonattainment Areas,’’ Harrisburg Area to attainment for the 8-
hour ozone standard. The redesignation Memorandum from G.T. Helms, Chief, hour ozone standard. On March 27,
requested included three years of Ozone/Carbon Monoxide Programs 2007, PADEP submitted a maintenance
complete, quality-assured data for the Branch, April 30, 1992; plan for the Harrisburg Area as a SIP
period of 2003–2005, indicating that the • ‘‘Contingency Measures for Ozone revision, to ensure continued attainment
8-hour NAAQS for ozone had been and Carbon Monoxide (CO) of the 8-hour ozone NAAQS over the
achieved in the Harrisburg Area. The Redesignations,’’ Memorandum from next 11 years until 2018. PADEP also
data satisfies the CAA requirements that G.T. Helms, Chief, Ozone/Carbon submitted a 2002 base-year inventory
the 3-year average of the annual fourth- Monoxide Programs Branch, June 1, concurrently with its maintenance plan
highest daily maximum 8-hour average 1992; as a SIP revision. EPA has determined
ozone concentration (commonly • ‘‘Procedures for Processing that the Harrisburg Area has attained the
referred to as the area’s design value), Requests to Redesignate Areas to 8-hour ozone standard and has met the
must be less than or equal to 0.08 ppm Attainment,’’ Memorandum from John requirements for redesignation set forth
(i.e., 0.084 ppm when rounding is Calcagni, Director, Air Quality in section 107(d)(3)(E).
considered). Under the CAA, a Management Division, September 4, V. What Would Be the Effect of These
nonattainment area may be redesignated 1992; Actions?
if sufficient complete, quality-assured • ‘‘State Implementation Plan (SIP)
data is available to determine that the Actions Submitted in Response to Clean Approval of the redesignation request
area has attained the standard and the Air Act (Act) Deadlines,’’ Memorandum would change the official designation of
area meets the other CAA redesignation from John Calcagni, Director, Air the Harrisburg Area from nonattainment
requirements set forth in section Quality Management Division, October to attainment for the 8-hour ozone
107(d)(e)(E). 28, 1992; NAAQS found at 40 CFR part 81. It
• ‘‘Technical Support Documents would also incorporate into the
III. What Are the Criteria for (TSDs) for Redesignation Ozone and Pennsylvania SIP, a 2002 base-year
Redesignation to Attainment? Carbon Monoxide (CO) Nonattainment inventory and a maintenance plan
The CAA provides the requirements Areas,’’ Memorandum from G.T. Helms, ensuring continued attainment of the 8-
for redesignating a nonattainment area Chief, Ozone/Carbon Monoxide hour ozone NAAQS in the Harrisburg
to attainment. Specifically, section Programs Branch, August 17, 1993; Area for the next 11 years, until 2018.
107(d)(3)(E) of the CAA, allows for • ‘‘State Implementation Plan (SIP) The maintenance plan includes
redesignation, providing that: Requirements for Areas Submitting contingency measures to remedy any
(1) EPA determines that the area has Requests for Redesignation to future violations of the 8-hour NAAQS
attained the applicable NAAQS; Attainment of the Ozone and Carbon (should they occur), and identifies the
(2) EPA has fully approved the Monoxide (CO) National Ambient Air NOX and VOC MVEBs for transportation
applicable implementation plan for the Quality Standards (NAAQS) on or after conformity purposes for the years 2009
area under section 110(k); November 15, 1992,’’ Memorandum and 2018. These MVEBs (including
(3) EPA determines that the from Michael H. Shapiro, Acting safety margins) are displayed in Table 1
improvement in air quality is due to Assistant Administrator for Air and below. Note that separate conformity
permanent and enforceable reductions Radiation, September 17, 1993; budgets are being established for each
in emissions resulting from • Memorandum from D. Kent Berry, Metropolitan Planning Organization
implementation of the applicable SIP Acting Director, Air Quality (MPO). The transportation conformity
and applicable Federal air pollutant Management Division, to Air Division regulations (40 CFR 93.124(d)) allow a
control regulations and other permanent Directors, Regions 1–10, ‘‘Use of Actual SIP to establish MVEBs for each MPO if
and enforceable reductions; Emissions in Maintenance a nonattainment area includes more
(4) EPA has fully approved a Demonstrations for Ozone and CO than one MPO, which is the case in the
maintenance plan for the area as Nonattainment Areas,’’ dated November Harrisburg Area. The responsible agency
meeting the requirements of section 30, 1993; for the counties of Cumberland,
175A; and • ‘‘Part D New Source Review (part D Dauphin, and Perry is the Harrisburg
(5) The State containing such area has NSR) Requirements for Areas Area Transportation Study (HATS), and
met all requirements applicable to the Requesting Redesignation to the responsible agency for the county of
area under section 110 and part D. Attainment,’’ Memorandum from Mary Lebanon is LEBCO (Lebanon County
EPA provided guidance on D. Nichols, Assistant Administrator for MPO), both designated Metropolitan
redesignations in the General Preamble Air and Radiation, October 14, 1994; Planning Organizations (MPOs) under
for the Implementation of Title I of the and Federal transportation planning
CAA Amendments of 1990, on April 16, • ‘‘Reasonable Further Progress, requirements. The Pennsylvania
1992 (57 FR 13498), and supplemented Attainment Demonstration, and Related Department of Transportation
this guidance on April 28, 1992 (57 FR Requirements for Ozone Nonattainment (PENNDOT) has requested separate
18070). EPA has provided further Areas Meeting the Ozone National budgets to allow the planning
guidance on processing redesignation Ambient Air Quality Standard,’’ organizations to move their
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requests in the following documents: Memorandum from John S. Seitz, transportation conformity
• ‘‘Ozone and Carbon Monoxide Director, Office of Air Quality Planning determinations through the approval
Design Value Calculations,’’ and Standards, May 10, 1995. process separately.

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30524 Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Proposed Rules

TABLE 1.—MOTOR VEHICLE EMISSIONS BUDGETS IN KILOGRAMS PER DAY (TONS PER DAY—ROUNDED)
Year VOC NOX

Harrisburg Area Transportation Study (HATS)—Cumberland, Dauphin, and Perry Counties

2009 ..................................................................................................................................................................... 23,014 (25.4) 41,917 (46.2)


2018 ..................................................................................................................................................................... 16,136 (17.8) 18,409 (20.3)

Lebanon County MPO (LEBCO)

2009 ..................................................................................................................................................................... 4,301 (4.7) 8,928 (9.8)


2018 ..................................................................................................................................................................... 2,512 (2.8) 3,684 (4.1)
* Note: Tons per day are informational only. Differences occur due to rounding.

VI. What Is EPA’s Analysis of the assured air quality monitoring data. To respect to ozone. There are two
Commonwealth’s Request? attain this standard, the design value, monitors in Dauphin County, (the
EPA is proposing to determine that which is the 3-year average of the Harrisburg monitor, and the Hershey
the Harrisburg Area has attained the 8- fourth-highest daily maximum 8-hour monitor), and one monitor in Perry
hour ozone standard and that all other average ozone concentrations measured County, (the Little Buffalo State Park
redesignation criteria have been met. at each monitor, within the area, over monitor). As part of its redesignation
The following is a description of how each year must not exceed the ozone request, Pennsylvania referenced ozone
the PADEP’s March 27, 2007 submittal standard of 0.08 ppm. Based on the monitoring data for the years 2003–2005
satisfies the requirements of section rounding convention described in 40 (the most recent three years of data
107(d)(3)(E) of the CAA. CFR part 50, Appendix I, the standard available as of the time of the
is attained if the design value at every redesignation request) for the Harrisburg
A. The Harrisburg Area Has Attained monitor is 0.084 ppm or below. The
the 8-Hour NAAQS Area. This data has been quality assured
data must be collected and quality-
and is recorded in the AQS. PADEP uses
EPA is proposing to determine that assured in accordance with 40 CFR part
the AQS as the permanent database to
the Harrisburg Area has attained the 8- 58, and recorded in the Air Quality
System (AQS). The monitors generally maintain its data and quality assures the
hour ozone NAAQS. For ozone, an area
may be considered to be attaining the 8- should have remained at the same data transfers and content for accuracy.
hour ozone NAAQS if there are no location for the duration of the The fourth-high 8-hour daily maximum
violations, as determined in accordance monitoring period required for concentrations for the three monitors in
with 40 CFR 50.10 and Appendix I of demonstrating attainment. the Harrisburg Area, along with the
part 50, based on three complete, In the Harrisburg Area, there are three three-year average are summarized in
consecutive calendar years of quality- monitors that measure air quality with Table 2 below.

TABLE 2.—HARRISBURG NONATTAINMENT AREA FOURTH HIGHEST 8-HOUR OZONE VALUES


Annual 4th high-
Year est reading
(ppm)

Harrisburg Monitor, Dauphin County, AQS ID 42–043–0401

2003 ................................................................................................................................................................................................. 0.074


2004 ................................................................................................................................................................................................. 0.076
2005 ................................................................................................................................................................................................. 0.084
2006 ................................................................................................................................................................................................. 0.077

The average for the 3-year period 2003–2005 is 0.078


The average for the 3-year period 2004–2006 is 0.079

Hershey Monitor, Dauphin County, AQS ID 42–043–1100

2003 ................................................................................................................................................................................................. 0.079


2004 ................................................................................................................................................................................................. 0.072
2005 ................................................................................................................................................................................................. 0.085
2006 ................................................................................................................................................................................................. 0.081

The average for the 3-year period 2003–2005 is 0.078


The average for the 3-year period 2004–2006 is 0.079

Little Buffalo State Park Monitor, Perry County, AQS ID 42–099–0301


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2003 ................................................................................................................................................................................................. 0.084


2004 ................................................................................................................................................................................................. 0.069
2005 ................................................................................................................................................................................................. 0.082
2006 ................................................................................................................................................................................................. 0.077

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Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Proposed Rules 30525

TABLE 2.—HARRISBURG NONATTAINMENT AREA FOURTH HIGHEST 8-HOUR OZONE VALUES—Continued


Annual 4th high-
Year est reading
(ppm)

The average for the 3-year period 2003–2005 is 0.078


The average for the 3-year period 2004–2006 is 0.076

The air quality data show that the Areas to Attainment,’’ Memorandum necessary to collect data on ambient air
Harrisburg Area has attained the from John Calcagni, Director, Air quality, and programs to enforce the
standard with a design value of 0.078 Quality Management Division, limitations. The general SIP elements
ppm. The data collected at the Area September 4, 1992) describes EPA’s and requirements set forth in section
monitors satisfies the CAA requirement interpretation of section 107(d)(3)(E) 110(a)(2) include, but are not limited to
that the 3-year average of the annual with respect to the timing of applicable the following:
fourth-highest daily maximum 8-hour requirements. Under this interpretation, • Submittal of a SIP that has been
average ozone concentration is less than to qualify for redesignation, States adopted by the State after reasonable
or equal to 0.08 ppm. EPA believes this requesting redesignation to attainment
public notice and hearing;
conclusion remains valid after a review must meet only the relevant CAA
of the quality assured 2006 data because requirements that came due prior to the • Provisions for establishment and
the Area is still attaining the standard submittal of a complete redesignation operation of appropriate procedures
with a design value at each monitor of request. See also, Michael Shapiro needed to monitor ambient air quality;
0.084 ppm or less for 2004 through memorandum, September 17, 1993, and • Implementation of a source permit
2006. The PADEP’s request for 60 FR 12459, 12465–12466 (March 7, program; provisions for the
redesignation for the Harrisburg Area 1995) (redesignation of Detroit-Ann implementation of part C requirements
indicates that the data is complete and Arbor). Applicable requirements of the (Prevention of Significant Deterioration
was quality assured in accordance with CAA that come due subsequent to the (PSD));
part 58. In addition, as discussed below area’s submittal of a complete
• Provisions for the implementation
with respect to the maintenance plan, redesignation request remain applicable
of part D requirements for New Source
PADEP has committed to continue until a redesignation is approved, but
Review (NSR) permit programs;
monitoring in accordance with 40 CFR are not required as a prerequisite to
part 58. In summary, EPA has redesignation. Section 175A( c) of the • Provisions for air pollution
determined that the data submitted by CAA. Sierra Club v. EPA, 375 F.3d 537 modeling; and
Pennsylvania and data taken from AQS (7th Cir. 2004). See also, 68 FR at 25424, • Provisions for public and local
indicate that the Harrisburg Area has 25427 (May 12, 2003) (redesignation of agency participation in planning and
attained the 8-hour ozone NAAQS. St. Louis). emission control rule development.
This section also sets forth EPA’s
B. The Harrisburg Area Has Met All views on the potential effect of the Section 110(a)(2)(D) requires that SIPs
Applicable Requirements Under Section Court’s ruling in South Coast on this contain certain measures to prevent
110 and Part D of the CAA and Has a redesignation action. For the reasons set sources in a state from significantly
Fully Approved SIP Under Section forth below, EPA does not believe that contributing to air quality problems in
110(k) of the CAA the Court’s ruling alters any another state. To implement this
EPA has determined that the requirements relevant to this provision, EPA has required certain
Harrisburg Area has met all SIP redesignation action so as to preclude states to establish programs to address
requirements applicable for purposes of redesignation, and does not prevent transport of air pollutants in accordance
this redesignation under section 110 of EPA from finalizing this redesignation. with the NOX SIP Call, October 27, 1998
the CAA (General SIP Requirements) EPA believes that the Court’s decision, (63 FR 57356), amendments to the NOX
and that it meets all applicable SIP as it currently stands or as it may be SIP Call, May 14, 1999 (64 FR 26298)
requirements under part D of Title I of modified based upon any petition for and March 2, 2000 (65 FR 11222), and
the CAA, in accordance with section rehearing that has been filed, imposes the Clean Air Interstate Rule (CAIR),
107(d)(3)(E)(v). In addition, EPA has no impediment to moving forward with May 12, 2005 (70 FR 25162). However,
determined that the SIP is fully the redesignation of this Area to the section 110(a)(2)(D) requirements for
approved with respect to all attainment, because in either a State are not linked with a particular
requirements applicable for purposes of circumstance, redesignation is nonattainment area’s designation and
redesignation in accordance with appropriate under the relevant classification in that State. EPA believes
section 107(d)(3)(E)(ii). In making these redesignation provisions of the Act and that the requirements linked with a
proposed determinations, EPA longstanding policies regarding particular nonattainment area’s
ascertained which requirements are redesignation requests. designation and classifications are the
applicable to the Harrisburg Area and relevant measures to evaluate in
determined that the applicable portions 1. Section 110 General SIP reviewing a redesignation request. The
of the SIP meeting these requirements Requirements transport SIP submittal requirements,
are fully approved under section 110(k) Section 110(a)(2) of Title 1 of the CAA where applicable, continue to apply to
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of the CAA. We note that SIPs must be delineates the general requirements for a state regardless of the designation of
fully approved only with respect to a SIP, which includes enforceable any one particular area in the State.
applicable requirements. emissions limitations and other control Thus, we do not believe that these
The September 4, 1992 Calcagni measures, means, or techniques, requirements are applicable
memorandum (‘‘Procedures for provisions for the establishment and requirements for purposes of
Processing Requests to Redesignate operation of appropriate devices redesignation.

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In addition, EPA believes that the establishes additional specific proposed solution only makes the
other section 110 elements not requirements depending on the area’s situation worse. Retroactive relief would
connected with nonattainment plan nonattainment classification. likely impose large costs on the States,
submissions and not linked with an With respect to the 8-hour standard, which would face fines and suits for not
area’s attainment status are not the court’s ruling rejected EPA’s reasons implementing air pollution prevention
applicable requirements for purposes of for classifying areas under subpart 1 for plans in 1997, even though they were
redesignation. The Harrisburg Area will the 8-hour standard, and remanded that not on notice at the time.’’ Id. at 68.
still be subject to these requirements matter to the Agency. Consequently, it Similarly here it would be unfair to
after it is redesignated. The section 110 is possible that this Area could, during penalize the Area by applying to it for
and part D requirements, which are a remand to EPA, be reclassified under purposes of redesignation, additional
linked with a particular area’s subpart 2. Although any future decision SIP requirements under subpart 2 that
designation and classification, are the by EPA to classify this Area under were not in effect at the time it
relevant measures to evaluate in subpart 2 might trigger additional future submitted its redesignation request.
reviewing a redesignation request. This requirements for the Area, EPA believes With respect to 8-hour subpart 2
policy is consistent with EPA’s existing that this does not mean that requirements, if the Harrisburg Area
policy on applicability of conformity redesignation of the Area cannot now go initially had been classified under
(i.e., for redesignations) and oxygenated forward. This belief is based upon (1) subpart 2, the first two part D subpart
fuels requirement. See Reading, EPA’s longstanding policy of evaluating 2 requirements applicable to the
Pennsylvania, proposed and final redesignation requests in accordance Harrisburg Area under section 182(a) of
rulemakings (61 FR 53174, October 10, with the requirements due at the time the CAA would be a base-year inventory
1996), (62 FR 24826, May 7, 1997); the request is submitted; and (2) requirement pursuant to section
Cleveland-Akron-Lorain, Ohio final consideration of the inequity of 182(a)(1) of the CAA, and, the emissions
rulemaking (61 FR 20458, May 7, 1996); applying retroactively any requirements statement requirement pursuant to
and Tampa, Florida, final rulemaking that might in the future be applied. section 182(a)(3)(B).
(60 FR 62748, December 7, 1995). See First, at the time the redesignation As stated previously, these
also, the discussion on this issue in the request was submitted, the Harrisburg requirements are not yet due for
Cincinnati redesignation (65 FR at Area was classified under subpart 1 and purposes of redesignation of the
37890, June 19, 2000), and in the was obligated to meet subpart 1 Harrisburg Area, but nevertheless,
Pittsburgh redesignation (66 FR at requirements. Under EPA’s Pennsylvania already has in its
53099, October 19, 2001). Similarly, longstanding interpretation of section approved SIP, an emissions statement
with respect to the NOX SIP Call rules, 107(d)(3)(E) of the CAA, to qualify for rule for the 1-hour standard that covers
EPA noted in its Phase 1 Final Rule to redesignation, states requesting all portions of the designated 8-hour
Implement the 8-hour Ozone NAAQS, redesignation to attainment must meet nonattainment area and, that satisfies
that the NOX SIP Call rules are not ‘‘an’’ only the relevant SIP requirements that the emissions statement requirement for
‘applicable requirement’ for purposes of came due prior to the submittal of a the 8-hour standard. See, 25 Pa. Code
section 110(1) because the NOX rules complete redesignation request. See 135.21(a)(1), codified at 40 CFR 52.2020;
apply regardless of an area’s attainment September 4, 1992 Calcagni 60 FR 2881, January 12, 1995. With
or nonattainment status for the 8-hour memorandum (‘‘Procedures for respect to the base year inventory
(or the 1-hour) NAAQS.’’ 69 FR 23951, Processing Requests to Redesignate requirement, in this notice of proposed
23983 (April 30, 2004). EPA believes Areas to Attainment,’’ Memorandum rulemaking, EPA is proposing to
that section 110 elements not linked to from John Calcagni, Director, Air approve the 2002 base-year inventory
the area’s nonattainment status are not Quality Management Division). See also, for the Harrisburg Area, which was
applicable for purposes of Michael Shapiro Memorandum, submitted on March 27, 2007,
redesignation. As we explain later in September 17, 1993, and 60 FR 12459, concurrently with its maintenance plan,
this notice, no part D requirements 12465–66 (March 7, 1995) into the Pennsylvania SIP. EPA is
applicable for purposes of redesignation (redesignation of Detroit-Ann Arbor); proposing to approve the 2002 base-year
under the 8-hour standard became due Sierra Club v. EPA, 375 F. 3d 537 (7th inventory as fulfilling the requirements,
for the Harrisburg Area prior to Cir. 2004), which upheld this if necessary, of both section 182(a)(1)
submission of the redesignation request. interpretation. See 68 FR 25418, 25424, and section 172(c)(3) of the CAA. A
Because the Pennsylvania SIP satisfies 25427 (May 12, 2003) (redesignation of detailed evaluation of Pennsylvania’s
all of the applicable general SIP St. Louis). 2002 base-year inventory for the
elements and requirements set forth in Moreover, it would be inequitable to Harrisburg Area can be found in a
section 110(a)(2), EPA concludes that retroactively apply any new SIP Technical Support Document (TSD)
Pennsylvania has satisfied the criterion requirements that were not applicable at prepared by EPA for this rulemaking.
of section 107(d)(3)(E) regarding section the time the request was submitted. The EPA has determined that the emission
110 of the Act. D.C. Circuit has recognized the inequity inventory and emissions statement
in such retroactive rulemaking. See requirements for the Harrisburg Area
2. Part D Nonattainment Requirements Sierra Club v. Whitman, 285 F. 3d 63 have been satisfied.
Under the 8-Hour Standard (D.C. Cir. 2002), in which the D.C. In addition to the fact that part D
Pursuant to an April 30, 2004 final Circuit upheld a District Court’s ruling requirements applicable for purposes of
rule (69 FR 23951), the Harrisburg Area refusing to make retroactive an EPA redesignation did not become due prior
was designated a basic nonattainment determination of nonattainment that to submission of the redesignation
area under subpart 1 for the 8-hour was past the statutory due date. Such a request, EPA believes that the general
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ozone standard. Sections 172–176 of the determination would have resulted in conformity and NSR requirements do
CAA, found in subpart 1 of part D, set the imposition of additional not require approval prior to
forth the basic nonattainment requirements on the area. The Court redesignation.
requirements applicable to all stated: ‘‘Although EPA failed to make With respect to section 176,
nonattainment areas. Section 182 of the the nonattainment determination within Conformity Requirements, section
CAA, found in subpart 2 of part D, the statutory time frame, Sierra Club’s 176(c) of the CAA requires states to

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establish criteria and procedures to stringent than that required for a noted, under longstanding EPA policy,
ensure that Federally-supported or marginal or basic ozone nonattainment EPA believes it is reasonable to interpret
funded projects conform to the air area. On October 19, 2001 (66 FR the conformity SIP requirements as not
quality planning goals in the applicable 53094), EPA fully approved applying for purposes of evaluating a
SIP. The requirement to determine Pennsylvania’s NSR SIP revision redesignation request under section
conformity applies to transportation consisting of Pennsylvania’s Chapter 107(d) because state conformity rules
plans, programs, and projects 127 part D NSR regulations that cover are still required after redesignation and
developed, funded or approved under the Harrisburg Area. Federal conformity rules apply where
Title 23 U.S.C. and the Federal Transit EPA has also interpreted the section state rules have not been approved. 40
Act (‘‘transportation conformity’’) as 184 OTR requirements, including the CFR 51.390. See, Wall v. EPA, 265 F. 3d
well as to all other Federally supported NSR program, as not being applicable 426 (6th Cir. 2001), upholding this
or funded projects (‘‘general for purposes of redesignation. The interpretation. See also, 60 FR 62748
conformity’’). State conformity revisions rationale for this is based on two (December 7, 1995) (Tampa, FL
must be consistent with Federal considerations. First, the requirement to redesignation).
conformity regulations relating to submit SIP revisions for the section 184 With respect to the requirement for
consultation, enforcement and requirements continues to apply to areas submission of contingency measures for
enforceability that the CAA required the in the OTR after redesignation to the 1-hour standard, section 182(a) does
EPA to promulgate. EPA believes it is attainment. Therefore, the State remains not require contingency measures for
reasonable to interpret the conformity obligated to have NSR, as well as RACT, marginal areas, and, therefore, that
SIP requirements as not applying for and Vehicle Inspection and portion of the Court’s ruling does not
purposes of evaluating the redesignation Maintenance programs even after impact the redesignation request for the
request under section 107(d) since State redesignation. Second, the section 184 Harrisburg Area.
conformity rules are still required after control measures are region-wide Prior to its designation as an 8-hour
redesignation and Federal conformity requirements and do not apply to the ozone nonattainment area, the
rules apply where State rules have not Harrisburg Area by virtue of the Area’s Harrisburg Area was designated a
been approved. See, Wall v. EPA, 265 F. designation and classification. See 61 marginal nonattainment area for the 1-
3d 426, 438–440 (6th Cir. 2001), FR 53174, 53175–53176 (October 10, hour standard. With respect to the 1-
upholding this interpretation. See also, 1996) and 62 FR 24826, 24830–24832 hour standard, the applicable
60 FR 62748 (December 7, 1995). (May 7, 1997). requirements of subpart 1 and of subpart
2 of part D (section 182) for the
In the case of the Harrisburg Area, 3. Part D Nonattainment Area Harrisburg Area are discussed in the
EPA has also determined that before Requirements Under the 1-Hour following paragraphs: Section
being redesignated, the Harrisburg Area Standard 182(a)(2)(A) required SIP revisions to
need not comply with the requirement correct or amend RACT for sources in
that a NSR program be approved prior In its December 22, 2006 decision in
South Coast, the Court also addressed marginal areas, such as the Harrisburg
to redesignation. EPA has determined Area, that were subject to control
that areas being redesignated need not EPA’s revocation of the 1-hour ozone
standard. The current status of the technique guidelines (CTGs) issued
comply with the requirement that a NSR before November 15, 1990 pursuant to
program be approved prior to revocation and associated anti-
backsliding rules is dependent on CAA section 108. On December 22,
redesignation, provided that the area 1994, EPA fully approved into the
demonstrates maintenance of the whether the Court’s decision stands as
originally issued or is modified in Pennsylvania SIP all corrections
standard without part D NSR in effect. required under section 182(a)(2)(A) of
The rationale for this position is response to any petition for rehearing or
request for clarification that has been the CAA (59 FR 65971, December 22,
described in a memorandum from Mary 1994). EPA believes that this
Nichols, Assistant Administrator for Air filed. As described more fully below,
EPA determined that the Harrisburg requirement applies only to marginal
and Radiation, dated October 14, 1994, and higher classified areas under the 1-
entitled, ‘‘Part D NSR Requirements or Area attained the 1-hour standard by its
attainment date (60 FR 3349, January 17, hour NAAQS pursuant to the 1990
Areas Requesting Redesignation to amendments to the CAA; therefore, this
Attainment.’’ Normally, State’s 1995), continues to attain that standard,
and has fulfilled any requirements of is a one-time requirement. After an area
Prevention of Significant Deterioration has fulfilled the section 182(a)(2)(A)
(PSD) program will become effective in the 1-hour standard that would apply
even if the 1-hour standard is reinstated requirement for the 1-hour NAAQS,
the area immediately upon there is no requirement under the 8-
redesignation to attainment. See the and those requirements are viewed as
applying under the statute itself. Thus, hour NAAQS.
more detailed explanations in the Section 182(a)(2)(B) relates to the
following redesignation rulemakings: the Court’s decision, as it currently
savings clause for vehicle inspection
Detroit, MI (60 FR 12467–12468), stands, imposes no impediment to
and maintenance (I/M). It requires
(March 7, 1995); Cleveland-Akron- moving forward with redesignation of
marginal areas to adopt vehicle I/M
Lorrain, OH (61 FR 20458, 20469– the Area to attainment.
programs. This provision was not
The conformity portion of the Court’s
20470, May 7, 1996); Louisville, KY (66 applicable to the Harrisburg Area
ruling does not impact the redesignation
FR 53665, 53669, October 23, 2001); because this Area did not have and was
request for the Harrisburg Area because
Grand Rapids, MI (61 FR 31831, 31836– not required to have an I/M program
there are no conformity requirements
31837, June 21, 1996). In the case of the before November 15, 1990.
that are relevant to a redesignation Section 182(a)(3)(A) requires a
Harrisburg Area, the Chapter 127 part D
request for any standard, including the
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NSR regulations in the Pennsylvania SIP triennial Periodic Emissions Inventory


requirement to submit a transportation
(codified at 40 CFR 52.2020(c)(1))
conformity SIP.1 As we have previously determining transportation conformity.
explicitly apply the requirements for
Transportation conformity SIPs are different from
NSR in section 184 of the CAA to ozone 1 Clean Air Act section 176(c)(4)(E) currently the motor vehicle emissions budgets that are
attainment areas within the OTR. The requires States to submit revisions to their SIPs to established in control strategy SIPs and
OTR NSR requirements are more reflect certain federal criteria and procedures for maintenance plans.

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for the nonattainment area. The most Section 182(a)(1) provides for the substitute for the base-year inventory for
recent inventory for the Harrisburg Area submission of a comprehensive, the 1-hour standard.
was compiled for 2002 and submitted to accurate, current inventory of actual EPA has previously determined that
EPA as a SIP revision with the emissions from all sources, as described the Harrisburg Area attained the 1-hour
maintenance plan for the Harrisburg in section 172(c)(3), in accordance with ozone NAAQS by the November 15,
Area. guidance provided by the
With respect to NSR, EPA has 1993 attainment date (60 FR 3349,
Administrator. In this proposed rule, January 17, 1995), and we believe that
determined that areas being EPA is proposing to approve a 2002
redesignated need not have an approved the Harrisburg Area is still in attainment
base-year emissions inventory for the for the 1-hour ozone NAAQS based
New Source Review program for the
Harrisburg Area as meeting the upon the ozone monitoring data for the
same reasons discussed previously with
requirement of section 182(a)(1). While years 2003–2005. To demonstrate
respect to the applicable part D
EPA generally required that the base- attainment, i.e., compliance with this
requirements for the 8-hour standard.
Section 182(a)(3)(B) requires sources year inventory for the 1-hour standard standard, the annual average of the
of VOCs and NOX in the nonattainment be for calendar year 1990, EPA believes number of expected exceedances of the
area to submit annual Emissions that Pennsylvania’s 2002 inventory 1-hour standard over a 3-year period
Statements regarding the quantity of fulfills this requirement because it must be less than or equal to 1. Table
emissions from the previous year. As meets EPA’s guidance and because it is 3 provides a summary of the number of
discussed previously, Pennsylvania more current than 1990. EPA also expected exceedances for each of the
already has in its approved SIP, a proposes to determine that, if the 1-hour years 2003 through 2005 and 3-year
previously approved emissions standard is deemed to be reinstated, the annual average at each of the Harrisburg
statement rule for the 1-hour standard 2002 base-year inventory for the 8-hour Area monitors.
which applies to the Harrisburg Area. standard will provide an acceptable

TABLE 3.—HARRISBURG AREA NUMBER OF EXPECTED EXCEEDANCES OF THE 1-HOUR OZONE STANDARD
Number of ex-
Year pected
exceedances

Harrisburg Monitor/AIRS ID 41–043–0401

2003 ................................................................................................................................................................................................. 0.0


2004 ................................................................................................................................................................................................. 0.0
2005 ................................................................................................................................................................................................. 0.0
2006 ................................................................................................................................................................................................. 0.0

The average number of expected exceedances for the 3-year period 2003 through 2005 is 0.0
The average number of expected exceedances for the 3-year period 2004 through 2006 is 0.0

Hershey Monitor/AIRS ID 42–043–1100

2003 ................................................................................................................................................................................................. 0.0


2004 ................................................................................................................................................................................................. 0.0
2005 ................................................................................................................................................................................................. 0.0
2006 ................................................................................................................................................................................................. 0.0

The average number of expected exceedances for the 3-year period 2003 through 2005 is 0.0
The average number of expected exceedances for the 3-year period 2004 through 2006 is 0.0

Perry County Monitor/AIRS ID 42–099–0301

2003 ................................................................................................................................................................................................. 0.0


2004 ................................................................................................................................................................................................. 0.0
2005 ................................................................................................................................................................................................. 0.0
2006 ................................................................................................................................................................................................. 0.0

The average number of expected exceedances for the 3-year period 2003 through 2005 is 0.0
The average number of expected exceedances for the 3-year period 2004 through 2006 is 0.0

In summary, EPA has determined that 4. Transport Region Requirements maintenance, and Stage II vapor
the data submitted by Pennsylvania and recovery or a comparable measure.
All areas in the Ozone Transport
taken from AQS indicate that the Region (OTR), both attainment and In the case of the Harrisburg Area,
Harrisburg Area is maintaining air nonattainment, are subject to additional which is located in the OTR,
quality that conforms to the 1-hour control requirements under section 184 nonattainment NSR will be applicable
jlentini on PROD1PC65 with PROPOSALS

ozone NAAQS. EPA believes this for the purpose of reducing interstate after redesignation. As discussed
conclusion remains valid after review of transport of emissions that may previously, EPA has fully approved
the quality assured 2006 data because contribute to downwind ozone Pennsylvania’s NSR SIP revision which
no exceedances were recorded in the nonattainment. The section 184 applies the requirements for NSR of
Harrisburg Area in 2006. requirements include RACT, NSR, section 184 of the CAA to attainment
enhanced vehicle inspection and areas within the OTR.

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As discussed previously in this Alliance v. Browner, 144 F. 3d 984, 989– quality improvement in the Harrisburg
notice, EPA has also interpreted the 990 (6th Cir. 1998), Wall v. EPA, 265 F. Area is due to permanent and
section 184 OTR requirements, 3d 426 (6th Cir. 2001), plus any enforceable reductions in emissions
including NSR, as not being applicable additional measures it may approve in resulting from implementation of the
for purposes of redesignation. See 61 FR conjunction with a redesignation action. SIP, Federal measures, and other State-
53174, October 10, 1996, and 62 FR See 68 FR at 25425 (May 12, 2003) and adopted measures. Emission reductions
24826, May 7, 1997 (Reading, citations therein. attributable to these rules are shown in
Pennsylvania Redesignation). Table 4.
C. The Air Quality Improvement in the
5. Harrisburg Has a Fully Approved SIP Harrisburg Area Is Due to Permanent
for Purposes of Redesignation and Enforceable Reductions in
EPA has fully approved the Emissions From Implementation of the
Pennsylvania SIP for the purposes of SIP and Applicable Federal Air
this redesignation. EPA may rely on Pollution Control Regulations and Other
prior SIP approvals in approving a Permanent and Enforceable Reductions
redesignation request. Calgagni Memo, EPA believes that the Commonwealth
p. 3; Southwestern Pennsylvania Growth has demonstrated that the observed air

TABLE 4.—TOTAL VOC AND NOX EMISSIONS FOR 2002 AND 2004 IN TONS PER DAY (TPD)
Year Point Area Mobile Nonroad Total

Volatile Organic Compounds (VOC)

2002 ......................................................................................................... 3.0 29.5 43.4 19.6 95.4


2004 ......................................................................................................... 2.4 28.9 36.9 19.0 87.2
Diff (02–04) .............................................................................................. 0.6 0.6 6.5 0.6 8.2

Nitrogen Oxides (NOX)

2002 ......................................................................................................... 16.7 3.0 86.8 21.4 127.9


2004 ......................................................................................................... 12.9 3.1 76.2 20.2 112.5
Diff (02–04) .............................................................................................. 3.8 ¥0.1 10.6 1.2 15.4

Between 2002 and 2004, VOC National Low Emission Vehicle maintenance of the applicable 8-hour
emissions decreased by 8.6 percent from (NLEV) Program (PA) (64 FR 72564, ozone standard.
95.4 tpd to 87.2 tpd; NOX emissions December 28, 1999).
What Is Required in a Maintenance
decreased by 12.1 percent from 127.9 Vehicle Emission Inspection/ Plan?
tpd to 112.5 tpd. A comparison of the Maintenance Program (70 FR 58313,
2002 and 2004 emissions by county and October 6, 2005). Section 175A of the CAA sets forth
source type can be found in the the elements of a maintenance plan for
Technical Support Document prepared 4. Non-Road Sources areas seeking redesignation from
for this rulemaking. The reductions nonattainment to attainment. Under
Non-road Diesel (69 FR 38958, June
between 2002 and 2004, and anticipated section 175A, the plan must
29, 2004).
future reductions, are due to the demonstrate continued attainment of
following permanent and enforceable EPA believes that permanent and the applicable NAAQS for at least 10
measures. enforceable emissions reductions are the years after approval of a redesignation of
cause of the long-term improvement in an area to attainment. Eight years after
1. Stationary Point Sources ozone levels and are the cause of the the redesignation, the Commonwealth
Federal NOX SIP Call (66 FR 43795, Area achieving attainment of the 8-hour must submit a revised maintenance plan
August 21, 2001). ozone standard. demonstrating that attainment will
D. The Harrisburg Area Has a Fully continue to be maintained for the 10
2. Stationary Area Sources years following the initial 10-year
Approvable Maintenance Plan Pursuant
Solvent Cleaning (68 FR 2206, January to Section 175A of the CAA period. To address the possibility of
16, 2003). future NAAQS violations, the
Portable Fuel Containers (69 FR In conjunction with its request to maintenance plan must contain such
70893, December 8, 2004). redesignate the Harrisburg Area to contingency measures, with a schedule
attainment status, Pennsylvania for implementation, as EPA deems
3. Highway Vehicle Sources submitted a SIP revision to provide for necessary to assure prompt correction of
Federal Motor Vehicle Control maintenance of the 8-hour ozone any future 8-hour ozone violations.
Programs (FMVCP). NAAQS in the Area for at least 11 years Section 175A of the CAA sets forth the
—Tier 1 (56 FR 25724, June 5, 1991). after redesignation. The Commonwealth elements of a maintenance plan for
is requesting that EPA approve this SIP areas seeking redesignation from
—Tier 2 (65 FR 6698, February 10,
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revision as meeting the requirement of nonattainment to attainment. The


2000).
section 175A of the CAA. Once Calcagni memorandum dated September
Heavy-duty Engine and Vehicle approved, the maintenance plan for the 4, 1992, provides additional guidance
Standards (62 FR 54694, October 21, 8-hour ozone NAAQS will ensure that on the content of a maintenance plan.
1997, and 65 FR 59896, October 6, the SIP for the Harrisburg Area meets An ozone maintenance plan should
2000). the requirements of the CAA regarding address the following provisions:

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(a) an attainment emissions inventory; was projected from the 2002 inventory all commercial operations in the area.
(b) a maintenance demonstration; using temporal allocations provided by Small aircraft emissions were calculated
(c) a monitoring network; the Mid-Atlantic Regional Air by using small airport operation
(d) verification of continued Management Association (MARAMA). statistics, which can be found at
attainment; and The on-road mobile source http://www.airnav.com and the Federal
(e) a contingency plan. inventories for 2002 and 2004 were Aviation Administration’s (FAA) Area
compiled using MOBILE6.2 and Forecast Detailed Report.
Analysis of the Harrisburg Area
Pennsylvania Department of More detailed information on the
Maintenance Plan
Transportation (PENNDOT) estimates compilation of the 2002, 2004, 2009,
(a) Attainment inventory—An for VMT. The PADEP has provided and 2018 inventories can be found in
attainment inventory includes the detailed data summaries to document the Technical Appendices which are
emissions during the time period the calculations of mobile on-road VOC part of this submittal.
associated with the monitoring data and NOX emissions for 2002, as well as
showing attainment. PADEP determined for the projection years of 2004, 2009, (b) Maintenance Demonstration—On
that the appropriate attainment and 2018 (shown in Tables 5 and 6 March 27, 2007, the PADEP submitted
inventory year is 2004. That year below). a maintenance plan as required by
establishes a reasonable year within the The 2002 and 2004 emissions for the section 175A of the CAA. The
3-year block of 2003–2005 as a baseline majority of non-road emission source Harrisburg maintenance plan shows
and accounts for reductions attributable categories were estimated using the EPA maintenance of the 8-hour ozone
to implementation of the CAA NONROAD 2005 model. The NAAQS by demonstrating that current
requirements to date. The 2004 NONROAD model calculates emissions and future emissions of VOC and NOX
inventory is consistent with EPA for diesel, gasoline, liquefied petroleum remain at or below the attainment year
guidance and is based on actual ‘‘typical gasoline, and compressed natural gas- 2004 emissions levels throughout the
summer day’’ emissions of VOC and fueled non-road equipment types and Harrisburg Area through the year 2018.
NOX during 2004 and consists of a list includes growth factors. The NONROAD A maintenance demonstration need not
of sources and their associated model does not estimate emissions from be based on modeling. See, Wall v. EPA,
emissions. locomotives or aircraft. For 2002 and supra; Sierra Club v. EPA, supra. See
The 2002 and 2004 point source data 2004 locomotive emissions, the PADEP also, 66 FR at 53099–53100; 68 FR at
was compiled from actual sources. projected emissions from a 1999 survey 25430–25432.
Pennsylvania requires owners and using national fuel consumption Tables 5 and 6 specify the VOC and
operators of larger facilities to submit information and EPA emission and NOX emissions for the Harrisburg Area
annual production figures and emission conversion factors. Emissions from for 2004, 2009, and 2018. The PADEP
calculations each year. Throughput data commercial aircraft for 2002 are chose 2009 as an interim year in the ten-
are multiplied by emission factors from estimated using the EPA-approved year maintenance demonstration period
Factor Information Retrieval (FIRE) Data Emissions & Dispersion Modeling to demonstrate that the VOC and NOX
Systems and EPA’s publication series System (EDMS) 4.20, the latest version emissions are not projected to increase
AP–42, and are based on Source available at the time the inventory was above the 2004 attainment level during
Classification Codes (SCC). developed. Commercial aircraft the time of the maintenance period. A
The 2002 area source data was operations were significant in the breakdown of the 2004, 2009, and 2018
compiled using county-level activity Harrisburg Area and were modeled by VOC and NOX emissions by County and
data, from census numbers, from county the EDMS model directly. Harrisburg Source Type can be found in the TSD
numbers, etc. The 2004 area source data International Airport (HIA) accounts for prepared for this rulemaking.

TABLE 5.—TOTAL VOC EMISSIONS FOR 2004–2018 (TPD)


2004 VOC 2009 VOC 2018 VOC
Source category emissions emissions emissions

Point ......................................................................................................................................................... 2.4 3.0 3.8


Area ......................................................................................................................................................... 28.9 27.4 29.4
Mobile* ..................................................................................................................................................... 36.9 30.1 20.6
Nonroad ................................................................................................................................................... 19.0 16.0 13.4

Total .................................................................................................................................................. 87.2 76.5 67.2


* Includes safety margin identified in the motor vehicle emission budgets for transportation conformity. Totals may vary due to rounding.

TABLE 6.—TOTAL NOX EMISSIONS FOR 2004–2018 (TPD)


2004 NOX 2009 NOX 2018 NOX
Source category emissions emissions emissions

Point ......................................................................................................................................................... 12.9 19.8 23.8


Area ......................................................................................................................................................... 3.1 3.2 3.4
Mobile* ..................................................................................................................................................... 76.2 56.0 24.4
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Nonroad ................................................................................................................................................... 20.2 17.1 12.3

Total .................................................................................................................................................. 112.5 96.2 63.9


* Includes safety margin identified in the motor vehicle emission budgets for transportation conformity. Totals may vary due to rounding.

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Additionally, the following programs maintenance period. The monitors) are above 84 ppb. If this
are either effective or due to become Commonwealth will perform an annual trigger point occurs, the Commonwealth
effective and will further contribute to evaluation of Vehicle Miles Traveled will evaluate whether additional local
the maintenance demonstration of the 8- (VMT) data and emissions reported from emission control measures should be
hour ozone NAAQS: stationary sources and compare them to implemented in order to prevent a
• The Clean Air Interstate Rule (71 FR the assumptions about these factors violation of the air quality standard.
25328, April 28, 2006) used in the maintenance plan. The PADEP will also analyze the conditions
• The Federal NOX SIP Call (66 FR Commonwealth will also evaluate the leading to the excessive ozone levels
43795, August 21, 2001) periodic (every three years) emission and evaluate which measures might be
• Area VOC regulations concerning inventories prepared under EPA’s most effective in correcting the
portable fuel containers (69 FR 70893, Consolidated Emission Reporting excessive ozone levels. PADEP will also
December 8, 2004) Regulation (40 CFR 51, subpart A) to see analyze the potential emissions effect of
• Pennsylvania’s Consumer Products if they exceed the attainment year Federal, state, and local measures that
(December 8, 2004, 69 FR 70895) inventory (2004) by more than 10 have been adopted but not yet
• Pennsylvania’s Architectural and percent. The PADEP will also continue implemented at the time the excessive
Industrial Maintenance (AIM) Coatings to operate the existing ozone monitoring ozone levels occurred. PADEP will then
(November 23, 2004, 69 FR 68080). stations in the Area pursuant to 40 CFR begin the process of implementing any
Additionally, the following mobile part 58 throughout the maintenance selected measures.
programs are either effective or due to period and submit quality-assured Contingency measures will also be
become effective and will further ozone data to EPA through the AQS considered in the event that a violation
contribute to the maintenance system. Section 175A(b) of the CAA of the 8-hour ozone standard occurs at
demonstration of the 8-hour ozone states that eight years following any one of the three monitors in the
NAAQS: redesignation of the Harrisburg Area, Harrisburg Area. In the event of a
• FMVCP for passenger vehicles and PADEP will be required to submit a violation of the 8-hour ozone standard,
light-duty trucks and cleaner gasoline second maintenance plan that will PADEP will adopt additional emissions
(2009 and 2018 fleet)—Tier 1 (56 FR ensure attainment through 2028. PADEP reduction measures as expeditiously as
25724, June 5, 1991) and Tier 2 (65 FR has made that commitment to meet the practicable in accordance with the
6698, February 10, 2000). requirement of section 175A(b). implementation schedule listed later in
• Federal NLEV (64 FR 72564, (e) The Maintenance Plan’s this notice and in the Pennsylvania Air
December 28, 1999). Contingency Measures—The Pollution Control Act in order to return
• PA Clean Vehicle Program contingency plan provisions are the Area to attainment with the
(December 9, 2006)—Pennsylvania will designed to promptly correct a violation standard. Contingency measures to be
implement this program in car model of the NAAQS that occurs after considered for Harrisburg will include,
year 2008. redesignation. Section 175A of the CAA but not be limited to the following:
• Heavy-duty diesel on road (2004/ requires that a maintenance plan
2007) and low-sulfur on-road (2006) (66 Regulatory measures:
include such contingency measures as
FR 5002, January 18, 2001). EPA deems necessary to ensure that the —Additional controls on consumer
• Non-road emissions standards Commonwealth will promptly correct a products.
(2008) and off-road diesel fuel (2007/ violation of the NAAQS that occurs after —Additional controls on portable fuel
2010) (69 FR 38958, June 29, 2004). redesignation. The maintenance plan containers.
• Vehicle emission/inspection/ should identify the events that would Non-regulatory measures:
maintenance program (70 FR 58313, ‘‘trigger’’ the adoption and —Voluntary diesel engine ‘‘chip
October 6, 2005). implementation of a contingency reflash’’—installation software to
• Pennsylvania Heavy-Duty Diesel measure(s), the contingency measure(s) correct the defeat device option on
Emissions Control Program (May 11, that would be adopted and certain heavy-duty diesel engines.
2002) implemented, and the schedule —Diesel retrofit, including replacement,
• Truck Stop Electrification indicating the time frame by which the
Based on the comparison of the repowering or alternative fuel use, for
state would adopt and implement the public or private local on-road or off-
projected emissions and the attainment measure(s).
year emissions along with the additional road fleets.
The ability of the Harrisburg Area to
measures, EPA concludes that PADEP —Idling reduction technology for Class
stay in compliance with the 8-hour
has successfully demonstrated that the 2 yard locomotives.
ozone standard after redesignation
8-hour ozone standard should be depends upon VOC and NOX emissions —Idling reduction technologies or
maintained in the Harrisburg Area. in the Area remaining at or below 2004 strategies for truck stops, warehouses
(c) Monitoring Network—There are levels. The Commonwealth’s and other freight-handling facilities.
currently three monitors in the maintenance plan projects VOC and —Accelerated turnover of lawn and
Harrisburg Area measuring ozone in the NOX emissions to decrease and stay garden equipment, especially
Harrisburg Area. The PADEP will below 2004 levels through the year commercial equipment, including
continue to operate its current air 2018. The Commonwealth’s promotion of electric equipment.
quality monitors (located in Dauphin maintenance plan outlines the —Additional promotion of alternative
and Perry Counties), in accordance with procedures for the adoption and fuel (e.g., biodiesel) for home heating
40 CFR part 58. implementation of contingency and agricultural use.
(d) Verification of Continued measures to further reduce emissions The plan lays out a process to have
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Attainment—In addition to maintaining should a violation occur. any regulatory contingency measures in
the key elements of its regulatory Contingency measures will be effect within 19 months of the trigger.
program, the Commonwealth will track considered if for two consecutive years The plan also lays out a process to
the attainment status of the ozone the fourth highest 8-hour ozone implement the non-regulatory
NAAQS in the Area by reviewing air concentrations at the design value contingency measures within 12–24
quality and emissions data during the monitor (the highest of the three area months of the trigger.

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VII. Are the Motor Vehicle Emissions Regulations at 40 CFR part 93 set forth sources plus any portion of the safety
Budgets Established and Identified in EPA policy, criteria, and procedures for margin allocated to the MVEBs (safety
the Harrisburg Maintenance Plan demonstrating and ensuring conformity margin allocation for 2009 and 2018
Adequate and Approvable? of such transportation activities to a SIP. only). These emission budgets, when
When reviewing submitted ‘‘control approved by EPA, must be used for
A. What Are the Motor Vehicle strategy’’ SIPs or maintenance plans
Emissions Budgets? transportation conformity
containing MVEBs, EPA must determinations.
Under the CAA, States are required to affirmatively find the MVEB contained
submit, at various times, control strategy therein ‘‘adequate’’ for use in B. What Is a Safety Margin?
SIPs and maintenance plans in ozone determining transportation conformity.
areas. These control strategy SIPs (i.e., A ‘‘safety margin’’ is the difference
After EPA affirmatively finds the
RFP, SIPs and attainment demonstration between the attainment level of
submitted MVEB is adequate for
SIPs) and maintenance plans identify transportation conformity purposes, that emissions (from all sources) and the
and establish MVEBs for certain criteria MVEB can be used by state and federal projected level of emissions (from all
pollutants and/or their precursors to agencies in determining whether sources) in the maintenance plan. The
address pollution from on-road mobile proposed transportation projects attainment level of emissions is the
sources. In the maintenance plan, the ‘‘conform’’ to the SIP as required by level of emissions during one of the
MVEBs are termed ‘‘on road-mobile section 176(c) of the CAA. EPA’s years in which the area met the NAAQS.
source emission budgets.’’ Pursuant to substantive criteria for determining The following example is for the 2018
40 CFR part 93 and 51.112, MVEBs must ‘‘adequacy’’ of a MVEB are set out in 40 safety margin. The Harrisburg Area first
be established in an ozone maintenance CFR 93.118(e)(4). attained the 8-hour ozone NAAQS
plan. An MVEB is the portion of the EPA’s process for determining during the 2002 to 2004 time period.
total allowable emissions that is ‘‘adequacy’’ consists of three basic steps: The Commonwealth used 2004 as the
allocated to highway and transit vehicle public notification of a SIP submission, year to determine attainment levels of
use and emissions. An MVEB serves as a public comment period, and EPA’s emissions for the Harrisburg Area. The
a ceiling on emissions from an area’s adequacy finding. This process for total emissions from point, area, mobile
planned transportation system. The determining the adequacy of submitted on-road, and mobile non-road sources in
MVEB concept is further explained in SIP MVEBs was initially outlined in 2004 equaled 87.2 tpd of VOC and 112.5
the preamble to the November 24, 1993 EPA’s May 14, 1999 guidance, tpd of NOX. PADEP projected emissions
transportation conformity rule (58 FR ‘‘Conformity Guidance on out to the year 2018 and projected a
62188). The preamble also describes Implementation of March 2, 1999, total of 67.2 tpd of VOC and 63.9 tpd of
how to establish and revise the MVEBs Conformity Court Decision.’’ This NOX from all sources in the Harrisburg
in control strategy SIPs and guidance was finalized in the Area. The safety margin for the
maintenance plans. Transportation Conformity Rule Harrisburg Area for 2018 would be the
Under section 176(c) of the CAA, new Amendments for the ‘‘New 8-Hour difference between these amounts. This
transportation projects, such as the Ozone and PM2.5 National Ambient Air difference is 20 tpd of VOC and 48.6 tpd
construction of new highways, must Quality Standards and Miscellaneous of NOX. The emissions up to the level
‘‘conform’’ to (i.e., be consistent with) Revisions for Existing Areas; of the attainment year including the
the part of the State’s air quality plan Transportation Conformity Rule safety margins are projected to maintain
that addresses pollution from cars and Amendments—Response to Court the Area’s air quality consistent with the
trucks. ‘‘Conformity’’ to the SIP means Decision and Additional Rule Change’’ 8-hour ozone NAAQS. The safety
that transportation activities will not on July 1, 2004 (69 FR 40004). EPA margin is the extra emissions reduction
cause new air quality violations, worsen consults this guidance and follows this below the attainment levels that can be
existing violations, or delay timely rulemaking in making its adequacy allocated for emissions by various
attainment of or reasonable progress determinations. sources as long as the total emission
towards the NAAQS. If a transportation MVEBs for the Harrisburg Area are levels are maintained at or below the
plan does not ‘‘conform,’’ most new listed in Table 1 of this document for attainment levels. Table 7 shows the
projects that would expand the capacity 2009 and 2018, and are the projected safety margins for the 2009 and 2018
of roadways cannot go forward. emissions for the on-road mobile years for the Harrisburg Area.

TABLE 7.—2009 AND 2018 SAFETY MARGIN FOR THE HARRISBURG AREA
VOC emis- NOX emis-
Inventory year sions (tpd) sions (tpd)

2004 Attainment ....................................................................................................................................................... 87.2 112.5


2009 Interim ............................................................................................................................................................. 76.5 96.2
2009 Safety Margin ................................................................................................................................................. 10.7 16.3
2004 Attainment ....................................................................................................................................................... 87.2 112.5
2018 Final ................................................................................................................................................................ 67.2 63.9
2018 Safety Margin ................................................................................................................................................. 20.0 48.6

PADEP allocated 1,803 kilograms per mobile source emissions projection to tpd) VOC and 2,035 kilograms (2.2 tpd)
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day (2.0 tpd) VOC and 1,988 kilograms arrive at the 2009 MVEBs for the portion of NOX from the 2018 safety margins to
per day (2.2 tpd) NOX to the 2009 of the planning area covered by the arrive at the 2018 MVEBs. The PADEP
interim VOC projected on-road mobile HATS. Likewise for the HATS portion, allocated 505 kilograms per day (0.6
source emissions projection and the for the 2018 MVEBs, the PADEP tpd) VOC and 489 kilograms per day
2009 interim NOX projected on-road allocated 2,497 kilograms per day (2.8 (0.5 tpd) NOX to the 2009 interim VOC

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Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Proposed Rules 30533

projected on-road mobile source portion, for the 2018 MVEBs, the no longer available, and may no longer
emissions projections and the 2009 PADEP allocated 565 kilograms per day be allocated to any other source
interim NOX projected on-road mobile (0.6 tpd) VOC and 475 kilograms (0.5 category. Table 8 shows the final 2009
source emissions projections to arrive at tpd) NOX from the 2018 safety margins and 2018 MVEBS for Cumberland,
the 2009 MVEBs for the portion of the to arrive at the 2018 MVEBs. Once Dauphin, and Perry Counties, and table
planning area covered by the LEBCO allocated to the mobile source budgets, 9 shows the final 2009 and 2018 MVEBS
MPO. Likewise for the LEBCO MPO these portions of the safety margins are for Lebanon County.

TABLE 8.—2009 AND 2018 FINAL MVEBS FOR CUMBERLAND, DAUPHIN AND PERRY COUNTIES (HATS)
Inventory year VOC emissions NOX emissions

2009 projected on-road mobile source projected emissions .......................................................................... 21,212 (23.4) 39,929 (44.0)
2009 Safety Margin Allocated to MVEBs ........................................................................................................ 1,803 (2.0) 1,988 (2.2)
2009 MVEBs .................................................................................................................................................... 23,014 (25.4) 41,917 (46.2)
2018 projected on-road mobile source projected emissions .......................................................................... 13,639 (15.0) 16,374 (18.0)
2018 Safety Margin Allocated to MVEBs ........................................................................................................ 2,497 (2.8) 2,035 (2.2)
2018 MVEBs .................................................................................................................................................... 16,136 (17.8) 18,409 (20.3)

TABLE 9.—2009 AND 2018 FINAL MVEBS FOR LEBANON COUNTY (LEBCO)
Inventory year VOC emissions NOX emissions

2009 projected on-road mobile source projected emissions .......................................................................... 3,796 (4.2) 8,439 (9.3)
2009 Safety Margin Allocated to MVEBs ........................................................................................................ 505 (0.6) 489 (0.5)
2009 MVEBs .................................................................................................................................................... 4,301 (4.7) 8,928 (9.8)
2018 projected on-road mobile source projected emissions .......................................................................... 1,947 (2.1) 3,209 (3.5)
2018 Safety Margin Allocated to MVEBs ........................................................................................................ 565 (0.6) 475 (0.5)
2018 MVEBs .................................................................................................................................................... 2,512 (2.8) 3,684 (4.1)

C. Why Are the MVEBs Approvable? plan, we will respond to the comments in this notice. EPA is also proposing to
The 2009 and 2018 MVEBs for the on the MVEBs in our final action or approve the 2002 base-year inventory
Harrisburg Area are approvable because proceed with the adequacy process as a for the Harrisburg Area, and the MVEBs
the MVEBs for NOX and VOC continue separate action. Our action on the submitted by Pennsylvania for the
to maintain the total emissions at or Harrisburg Area MVEBs will also be Harrisburg Area in conjunction with its
below the attainment year inventory announced on EPA’s conformity Web redesignation request. EPA is soliciting
levels as required by the transportation site: http://www.epa.gov/oms/traq, public comments on the issues
conformity regulations. (once there, click on ‘‘Adequacy Review discussed in this document. These
of SIP Submissions for Conformity’’). comments will be considered before
D. What Is the Adequacy and Approval taking final action.
Process for the MVEBs in the Harrisburg VIII. Proposed Actions
Area Maintenance Plan? IX. Statutory and Executive Order
EPA is proposing to determine that Reviews
The MVEBs for the Harrisburg Area the Harrisburg Area has attained the 8-
maintenance plan are being posted to hour ozone NAAQS. EPA is also Under Executive Order 12866 (58 FR
EPA’s conformity Website concurrently proposing to approve the redesignation 51735, October 4, 1993), this proposed
with this proposal. The public comment of the Harrisburg Area from action is not a ‘‘significant regulatory
period will end at the same time as the nonattainment to attainment for the 8- action’’ and therefore is not subject to
public comment period for this hour ozone NAAQS. EPA has evaluated review by the Office of Management and
proposed rule. In this case, EPA is Pennsylvania’s redesignation request Budget. For this reason, this action is
concurrently processing the action on and determined that it meets the also not subject to Executive Order
the maintenance plan and the adequacy redesignation criteria set forth in section 13211, ‘‘Actions Concerning Regulations
process for the MVEBs contained 107(d)(3)(E) of the CAA. EPA believes That Significantly Affect Energy Supply,
therein. In this proposed rule, EPA is that the redesignation request and Distribution, or Use’’ (66 FR 28355 (May
proposing to find the MVEBs adequate monitoring data demonstrate that the 22, 2001)). This action merely proposes
and also proposing to approve the Harrisburg Area has attained the 8-hour to approve state law as meeting Federal
MVEBs as part of the maintenance plan. ozone standard. The final approval of requirements and imposes no additional
The MVEBs cannot be used for this redesignation request would change requirements beyond those imposed by
transportation conformity until the the designation of the Harrisburg Area state law. Accordingly, the
maintenance plan update and associated from nonattainment to attainment for Administrator certifies that this
MVEBs are approved in a final Federal the 8-hour ozone standard. EPA is also proposed rule will not have a significant
Register notice, or EPA otherwise finds proposing to approve the associated economic impact on a substantial
the budgets adequate in a separate maintenance plan for the Harrisburg number of small entities under the
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action following the comment period. Area, submitted on March 27, 2007, as Regulatory Flexibility Act (5 U.S.C. 601
If EPA receives adverse written a revision to the Pennsylvania SIP. EPA et seq.). Because this rule proposes to
comments with respect to the proposed is proposing to approve the approve pre-existing requirements
approval of the Harrisburg Area MVEBs, maintenance plan for the Harrisburg under state law and does not impose
or any other aspect of our proposed Area because it meets the requirements any additional enforceable duty beyond
approval of this updated maintenance of section 175A as described previously that required by state law, it does not

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30534 Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Proposed Rules

contain any unfunded mandate or Takings’’ issued under the executive announcing that hearings will be held at
significantly or uniquely affect small order. two locations in Alaska to provide
governments, as described in the This rule proposing to approve the additional opportunities and formats to
Unfunded Mandates Reform Act of 1995 redesignation of the Harrisburg Area to receive public input.
(Pub. L. 104–4). This proposed rule also attainment for the 8-hour ozone DATES: The deadline for comments on
does not have a substantial direct effect NAAQS, the associated maintenance the April 20, 2007 (72 FR 19854)
on one or more Indian tribes, on the plan, the 2002 base-year inventory, and proposed rule is extended from June 19,
relationship between the Federal the MVEBs identified in the 2007, to August 3, 2007.
Government and Indian tribes, or on the maintenance plan, does not impose an
ADDRESSES: We will hold two public
distribution of power and information collection burden under the
hearings on this issue: one in Homer
responsibilities between the Federal provisions of the Paperwork Reduction
and one in Anchorage. The dates for
Government and Indian tribes, as Act of 1995 (44 U.S.C. 3501 et seq.).
these hearings will be announced in a
specified by Executive Order 13175 (65 List of Subjects forthcoming notice in the Federal
FR 67249, November 9, 2000), nor will Register.
it have substantial direct effects on the 40 CFR Part 52
Send comments to Kaja Brix,
States, on the relationship between the Environmental protection, Air Assistant Regional Administrator,
national government and the States, or pollution control, Nitrogen oxides, Protected Resources Division, Alaska
on the distribution of power and Ozone, Reporting and recordkeeping Region, NMFS, Attn: Ellen Sebastian.
responsibilities among the various requirements, Volatile organic Comments may be submitted by:
levels of government, as specified in compounds. • E-mail: CIB-ESA-
Executive Order 13132 (64 FR 43255, Endangered@noaa.gov. Include in the
40 CFR Part 81
August 10, 1999), because it merely subject line the following document
proposes to approve a state rule Air pollution control, National parks, identifier: Cook Inlet Beluga Whale PR.
implementing a Federal requirement, Wilderness areas. E-mail comments, with or without
and does not alter the relationship or Authority: 42 U.S.C. 7401 et seq. attachments, are limited to 5 megabytes.
the distribution of power and Dated: May 25, 2007. • Webform at the Federal
responsibilities established in the Clean eRulemaking Portal:
Donald S. Welsh,
Air Act. This proposed rule also is not www.regulations.gov. Follow the
Regional Administrator, Region III.
subject to Executive Order 13045 (62 FR instructions at that site for submitting
19885, April 23, 1997), because it [FR Doc. E7–10585 Filed 5–31–07; 8:45 am] comments.
approves a state rule implementing a BILLING CODE 6560–50–P
• Mail: P. O Box 21668, Juneau, AK
Federal standard. In reviewing SIP 99802
submissions, EPA’s role is to approve • Hand delivery to the Federal
state choices, provided that they meet DEPARTMENT OF COMMERCE Building : 709 W. 9th Street, Juneau, AK.
the criteria of the Clean Air Act. In this • Fax: (907) 586–7557.
context, in the absence of a prior National Oceanic and Atmospheric
FOR FURTHER INFORMATION CONTACT: Brad
existing requirement for the State to use Administration
Smith, NMFS, 222 West 7th Avenue,
voluntary consensus standards (VCS), Anchorage, AK 99517, telephone (907)
EPA has no authority to disapprove a 50 CFR Part 224
271–5006; Kaja Brix, NMFS, (907) 586–
SIP submission for failure to use VCS. [I.D. 021607C] 7235; or Marta Nammack, (301) 713–
It would thus be inconsistent with 1401.
applicable law for EPA, when it reviews Endangered and Threatened Species:
Extension of Public Comment Period SUPPLEMENTARY INFORMATION:
a SIP submission, to use VCS in place
of a SIP submission that otherwise and Notice of Public Hearings on Background
satisfies the provisions of the Clean Air Proposed Endangered Species Act
Listing of Cook Inlet Beluga Whales On April 20, 2007, NMFS published
Act. Redesignation is an action that a proposed rule (72 FR 19854) to list the
affects the status of a geographical area AGENCY: National Marine Fisheries Cook Inlet beluga whale as an
and does not impose any new Service (NMFS), National Oceanic and endangered species. This action
requirements on sources. Thus, the Atmospheric Administration (NOAA), followed completion of a status review
requirements of section 12(d) of the Commerce. of the Cook Inlet beluga whale which
National Technology Transfer and found this population to be at risk of
ACTION: Extension of public comment
Advancement Act of 1995 (15 U.S.C. extinction within the next 100 years.
period; notice of public hearings.
272 note) do not apply. As required by The April 20, 2007, proposed rule also
section 3 of Executive Order 12988 (61 SUMMARY: On April 20, 2007, NMFS describes NMFS’ determination that this
FR 4729, February 7, 1996), in issuing proposed the listing of the Cook Inlet population constitutes a ‘‘species’’, or
this proposed rule, EPA has taken the beluga whale as an endangered species distinct population segment, under the
necessary steps to eliminate drafting under the Endangered Species Act of ESA.
errors and ambiguity, minimize 1973 (ESA), as amended. As part of that
potential litigation, and provide a clear proposal, NMFS announced a public Extension of Public Comment Period
legal standard for affected conduct. EPA comment period to end on June 19, Several requests have been received to
has complied with Executive Order 2007. NMFS has received requests for extend the comment period for the
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12630 (53 FR 8859, March 15, 1988) by an extension to the comment period and proposed listing. The comment period
examining the takings implications of for public hearings on this issue. In for the proposed listing was to end on
the rule in accordance with the response to these requests, NMFS is June 19, 2007. NMFS is extending the
‘‘Attorney General’s Supplemental extending the public comment period comment period until August 3, 2007, to
Guidelines for the Evaluation of Risk for the proposed listing action to August allow for adequate opportunity for
and Avoidance of Unanticipated 3, 2007. Additionally, NMFS is public comment and participation in

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