IV. Why Is EPA Taking These Actions?

On December 14, 2006, PADEP requested redesignation of the Franklin County Area to attainment for the 8hour ozone standard. On December 14, PADEP submitted a maintenance plan for the Franklin County Area as a SIP revision to assure continued attainment at least 10 years after redesignation. EPA has determined that the Franklin County Area has attained the standard and has met the requirements for redesignation set forth in section 107(d)(3)(E).

V. What Would Be the Effect of These Actions?

Approval of the redesignation request would change the designation of the Franklin County Area from nonattainment to attainment for the 8 hour ozone NAAQS found at 40 CFR part 81. It would also incorporate into the Pennsylvania SIP a 2002 base year inventory and a maintenance plan ensuring continued attainment of the 8hour ozone NAAQS in the Franklin County Area for the next 10 years. The maintenance plan includes contingency measures to remedy any future violations of the 8 hour NAAQS (should they occur), and identifies the MVEBs for NOX and VOC for transportation conformity purposes for the years 2004, 2009 and 2018. These motor vehicle emissions (2004) and MVEBs (2009 and 2018) are displayed in the following table: Table 1.Motor Vehicle Emissions Budgets in Tons per DayRounded Upward to One Decimal Place
Year NOX VOC 2009.................................................... 12.7 7.3 2018.................................................... 6.7 5.1 VI. What Is EPA's Analysis of the State's Request?

EPA is proposing to determine that Franklin County Area has attained the 8hour ozone standard and the 1hour standard if that standard is reinstated and that all other redesignation criteria have been met. The following is a description of how PADEP's December 14, 2006, submittal satisfies the requirements of section 107(d)(3)(E) of the CAA.

A. The Franklin County Area Has Attained the Ozone NAAQS

EPA is proposing to determine that the Franklin County Area has attained the 8hour ozone NAAQS. For ozone, an area may be considered to be attaining the 8hour ozone NAAQS if there are no violations, as determined in accordance with 40 CFR 50.10 and Appendix I of part 50, based on three complete and consecutive calendar years of quality assured air quality monitoring data. To attain this standard, the design value, which is the 3year average of the fourthhighest daily maximum 8hour average ozone concentrations, measured at each monitor within the area over each year must not exceed the ozone standard of 0.08 ppm. Based on the rounding convention described in 40 CFR part 50, Appendix I, the standard is attained if the design value is 0.084 ppm or below. The data must be collected and qualityassured in accordance with 40 CFR part 58, and recorded in EPA's Air Quality System (AQS). The monitors generally should have remained at the same location for the duration of the monitoring period required for demonstrating attainment.

In the Franklin County Area, there is one monitor that measures air quality with respect to ozone. As part of its redesignation request, Pennsylvania submitted ozone monitoring data for the years 20032005 (the most recent three years of data available as of the time of the redesignation request) for the Franklin County Area. This data has been quality assured and is recorded in AQS. PADEP uses the AQS as the permanent database to maintain its data and quality assures the data transfers and content for accuracy. The fourthhigh 8hour daily maximum concentrations, along with the threeyear average, are summarized in Table 2A.
Table 2A.Franklin County Nonattainment Area Fourth Highest 8Hour Average Values; Franklin County Monitor, AQS ID 420550001 Annual 4th High Year Reading (ppm) 2003....................................................... 0.080 2004....................................................... 0.071 2005....................................................... 0.074 2006....................................................... 0.066

The average for the 3year period 2003 through 2005 is 0.075 ppm.

The average for the 3year period 2004 through 2006 is 0.070 ppm.

The air quality data for 20032005 show that the Franklin County Area has attained the standard with a design value of 0.075 ppm. The data collected at the Franklin County Area monitor satisfies the CAA requirement that the 3year average of the annual fourthhighest daily maximum 8hour average ozone concentration is less than or equal to 0.08 ppm. EPA believes this conclusion remains valid that after review of the available 2006 data because the fourthhighest daily maximum 8 hour average ozone concentration was 0.066 ppm which equates to a design value 0.070 ppm for the period 20042006. PADEP's request for redesignation for the Franklin County Area indicates that the data was quality assured in accordance with 40 CFR part 58. In addition, as discussed below with respect to the maintenance plan, PADEP has committed to continue monitoring in accordance with 40 CFR part 58. In summary, EPA has determined that the data submitted by Pennsylvania and taken from AQS indicates that Franklin County Area has attained the 8 hour ozone NAAQS.

Based upon the ozone monitoring data for the years 19961998, EPA believes that the Franklin County Area attained the 1hour ozone NAAQS and continued to attain the 1hour NAAQS to present. For the 1hour ozone standard, an area may be considered to
[[Page 29918]]
be attaining the 1hour ozone NAAQS if there are no violations, as determined in accordance with 40 CFR 50.9 and Appendix H of part 50, based on three complete and consecutive calendar years of quality assured air quality monitoring data. Compliance is determined on a monitorbymonitor basis within the area. To demonstrate attainment, i.e., compliance with this standard, the annual average of the number of expected exceedances of the 1hour standard over a 3year period must be less than or equal to 1. (To account for missing data, adjustment of the actual number of monitored exceedances of the standard yields the annual expected number of exceedances at an air quality monitoring site.) Table 2B provides a summary of the number of expected exceedances for each of the years 1996 through 2006. Table 2B.Franklin County Area Number of Expected Exceedances of the 1

Hour Ozone Standard; Franklin County Monitor, AQS ID 421174000 Number of Year expected exceedances 1996....................................................... 0.0 1997....................................................... 0.0 1998....................................................... 0.0 1999....................................................... 0.0 2000....................................................... 0.0 2001....................................................... 0.0 2002....................................................... 0.0 2003....................................................... 0.0 2004....................................................... 0.0 2005....................................................... 0.0 2006....................................................... 0.0 The average number of expected exceedances for any threeyear period to date is 0.0.

In summary, EPA has determined that the data submitted by Pennsylvania and taken from AQS indicates that Franklin County Area is maintaining air quality that conforms to the 1hour ozone NAAQS.

The EPA is proposing to issue a determination that the Franklin County Area has attained the 1hour NAAQS for ozone. This proposed determination is based upon the 1996 through 2006 air quality data. While section 181(b)(2)(A) specifies that EPA is to make the statutorily required determinations of attainment using the 1hour ozone ``design value,'' EPA ``has interpreted this provision generally to refer to EPA's methodology for determining attainment status.'' See 60 FR 3349 at 3350, January 17, 1995. As noted previously, EPA determines the attainment status under the 1hour ozone standard on the basis of the annual average number of expected exceedances. B. The Franklin County Area Has Met All Applicable Requirements Under Section 110 and Part D of the CAA and Has a Fully Approved SIP Under Section 110(k) of the CAA

EPA has determined that the Franklin County Area has met all SIP requirements applicable for purposes of this redesignation under section 110 of the CAA (General SIP Requirements) and that it meets all applicable SIP requirements under Part D of Title I of the CAA, in accordance with section 107(d)(3)(E)(v). In addition, EPA has determined that the SIP is fully approved with respect to all requirements applicable for purposes of redesignation in accordance with section 107(d)(3)(E)(ii). In making these proposed determinations, EPA ascertained what requirements are applicable to the area, and determined that the applicable portions of the SIP meeting these requirements are fully approved under section 110(k) of the CAA. We note that SIPs must be fully approved only with respect to applicable requirements.

The September 4, 1992 Calcagni memorandum (``Procedures for Processing Requests to Redesignate Areas to Attainment,'' Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992) describes EPA's interpretation of section 107(d)(3)(E) with respect to the timing of applicable requirements. Under this interpretation, to qualify for redesignation, States requesting redesignation to attainment must meet only the relevant CAA requirements that come due prior to the submittal of a complete redesignation request. See also, Michael Shapiro memorandum, September 17, 1993, and 60 FR 12459, 1246566, (March 7, 1995) (redesignation of DetroitAnn Arbor). Applicable requirements of the CAA that come due subsequent to the area's submittal of a complete redesignation request remain applicable until a redesignation is approved, but are not required as a prerequisite to redesignation. Section 175A(c) of the CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also, 68 FR 25424, 25427 (May 12, 2003) (redesignation of St. Louis).

This section also sets forth EPA's views on the potential effect of the Court's ruling in South Coast on this redesignation action. For the reasons set forth below, EPA does not believe that the Court's ruling alters any requirements relevant to this redesignation action so as to preclude redesignation, and does not prevent EPA from finalizing this redesignation. EPA believes that the Court's decision, as it currently stands or as it may be modified based upon any petition for rehearing that has been filed, imposes no impediment to moving forward with redesignation of this area to attainment, because in either circumstance redesignation is appropriate under the relevant redesignation provisions of the Act and longstanding policies regarding redesignation requests.

1. Section 110 General SIP Requirements

Section 110(a)(2) of Title I of the CAA delineates the general requirements for a SIP, which include enforceable emissions limitations and other control measures, means, or techniques, provisions for the establishment and operation of appropriate devices necessary to collect data on ambient air quality, and programs to enforce the limitations. The general SIP elements and requirements set forth in section 110(a)(2) include, but are not limited to, the following:

Section 110(a)(2)(D) requires that SIPs contain certain measures to prevent sources in a State from significantly contributing to air quality problems in another State. To implement this provision, EPA has required certain States to establish programs to address transport of air pollutants in accordance with the NOX SIP Call, October 27, 1998 (63 FR 57356), amendments to the NOX SIP Call, May 14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and the Clean Air Interstate Rule (CAIR), May 12, 2005 (70 FR 25162). However, the section 110(a)(2)(D) requirements for a State are not linked with a particular nonattainment area's designation and classification in that State. EPA believes that the requirements linked with a particular nonattainment area's
[[Page 29919]]
designation and classifications are the relevant measures to evaluate in reviewing a redesignation request. The transport SIP submittal requirements, where applicable, continue to apply to a State regardless of the designation of any one particular area in the State. Thus, we do not believe that these requirements should be construed to be applicable requirements for purposes of redesignation.

In addition, EPA believes that the other section 110 elements not connected with nonattainment plan submissions and not linked with an area's attainment status are not applicable requirements for purposes of redesignation. The Franklin County Area will still be subject to these requirements after it is redesignated. The section 110 and Part D requirements, which are linked with a particular area's designation and classification, are the relevant measures to evaluate in reviewing a redesignation request. This policy is consistent with EPA's existing policy on applicability of conformity (i.e., for redesignations) and oxygenated fuels requirement. See Reading, Pennsylvania, proposed and final rulemakings, (61 FR 5317453176, October 10, 1996), (62 FR 24816, May 7, 1997); ClevelandAkronLorain, Ohio, final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 7, 1995). See also, the discussion on this issue in the Cincinnati redesignation (65 FR at 37890, June 19, 2000), and in the Pittsburgh redesignation (66 FR at 50399, October 19, 2001). Similarly, with respect to the NOX SIP Call rules, EPA noted in its Phase 1 Final Rule to Implement the 8hour Ozone NAAQS, that the NOX SIP Call rules are not ``an 'applicable requirement' for purposes of section 110(l) because the NOX rules apply regardless of an area's attainment or nonattainment status for the 8 hour (or the 1hour) NAAQS.'' 69 FR 23951, 23983 (April 30, 2004).

EPA believes that section 110 elements not linked to the area's nonattainment status are not applicable for purposes of redesignation. Any section 110 requirements that are linked to the Part D requirements for 8hour ozone nonattainment areas are not yet due, because, as we explain later in this notice, no Part D requirements applicable for purposes of redesignation under the 8hour standard became due prior to submission of the redesignation request.

Because the Pennsylvania SIP satisfies all of the applicable general SIP elements and requirements set forth in section 110(a)(2), EPA concludes that Pennsylvania has satisfied the criterion of section 107(d)(3)(E) regarding section 110 of the Act.
2. Part D Nonattainment Area Requirements Under the 8Hour Standard

Pursuant to an April 30, 2004, final rule (69 FR 23951), the Franklin County Area was designated a basic nonattainment area for the 8hour ozone standard. Sections 172176 of the CAA, found in subpart 1 of Part D, set forth the basic nonattainment requirements for all nonattainment areas. Section 182 of the CAA, found in subpart 2 of Part D, establishes additional specific requirements depending on the area's nonattainment classification. With respect to the 8hour standard, the court's ruling rejected EPA's reasons for classifying areas under Subpart 1 for the 8hour standard, and remanded that matter to the Agency. Consequently, it is possible that this area could, during a remand to EPA, be reclassified under Subpart 2. Although any future decision by EPA to classify this area under subpart 2 might trigger additional future requirements for the area, EPA believes that this does not mean that redesignation of the area cannot now go forward. This belief is based upon (1) EPA's longstanding policy of evaluating redesignation requests in accordance with the requirements due at the time the request is submitted; and, (2) consideration of the inequity of applying retroactively any requirements that might in the future be applied.

First, at the time the redesignation request was submitted, the Franklin County Area was classified under Subpart 1 and was obligated to meet Subpart 1 requirements. Under EPA's longstanding interpretation of section 107(d)(3)(E) of the Clean Air Act, to qualify for redesignation, states requesting redesignation to attainment must meet only the relevant SIP requirements that came due prior to the submittal of a complete redesignation request. See September 4, 1992 Calcagni memorandum (``Procedures for Processing Requests to Redesignate Areas to Attainment,'' Memorandum from John Calcagni, Director, Air Quality Management Division). See also, Michael Shapiro Memorandum, September 17, 1993, and 60 FR 12459, 1246566 (March 7, 1995) (Redesignation of DetroitAnn Arbor); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004), which upheld this interpretation; 68 FR 25418, 25424, 25427 (May 12, 2003) (redesignation of St. Louis).

Moreover, it would be inequitable to retroactively apply any new SIP requirements that were not applicable at the time the request was submitted. The D.C. Circuit has recognized the inequity in such retroactive rulemaking, see Sierra Club v. Whitman, 285 F. 3d 63 (D.C. Cir. 2002), in which the D.C. Circuit upheld a District Court's ruling refusing to make retroactive an EPA determination of nonattainment that was past the statutory due date. Such a determination would have resulted in the imposition of additional requirements on the area. The Court stated: ``Although EPA failed to make the nonattainment determination within the statutory time frame, Sierra Club's proposed solution only makes the situation worse. Retroactive relief would likely impose large costs on the States, which would face fines and suits for not implementing air pollution prevention plans in 1997, even though they were not on notice at the time.'' Id. at 68. Similarly here it would be unfair to penalize the area by applying to it for purposes of redesignation additional SIP requirements under Subpart 2 that were not in effect at the time it submitted its redesignation request.

With respect to subpart 2 requirements, if the Franklin County Area initially had been classified under subpart 2 the first two part D subpart 2 requirements applicable to the Franklin County Area under section 182(a) of the CAA would be: A baseyear inventory requirement pursuant to section 182(a)(1) of the CAA, and, the emissions statement requirement pursuant to section 182(a)(3)(B) of the CAA.

As we have stated previously in this document, these requirements are not yet due for purpose of redesignation of the Franklin County Area, but nevertheless, Pennsylvania already has in its approved SIP an emissions statement rule for the 1hour standard that covers all portions of the designated 8hour nonattainment area, and that satisfies the emissions statement requirement for the 8hour standard. See 25 Pa. Code 135.21(a)(1) codified at 40 CFR 52.2020; 60 FR 2881, January 12, 1995. With respect to the base year inventory requirement, in this notice of proposed rulemaking, EPA is proposing to approve the 2002 baseyear inventory for the Franklin County Area, which was submitted on December 14, 2006, concurrently with its maintenance plan, into the Pennsylvania SIP. EPA is proposing to approve the 2002 base year inventory as fulfilling the requirements, if necessary, of both section 182(a)(1) and section 172(c)(3) of the CAA. A detailed evaluation of Pennsylvania's 2002 baseyear inventory for the Franklin County Area can be found in a Technical Support Document (TSD) prepared by EPA for this rulemaking.
[[Page 29920]]
EPA has determined that the emission inventory and emissions statement requirements for the Franklin County Area have been satisfied.

In addition to the fact that part D requirements applicable for purposes of redesignation did not become due prior to submission of the redesignation request, EPA believes it is reasonable to interpret the general conformity and NSR requirements as not requiring approval prior to redesignation.

With respect to section 176, Conformity Requirements, section 176(c) of the CAA requires States to establish criteria and procedures to ensure that Federally supported or funded projects conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs, and projects developed, funded or approved under Title 23 U.S.C. and the Federal Transit Act (``transportation conformity'') as well as to all other Federally supported or funded projects (``general conformity''). State conformity revisions must be consistent with Federal conformity regulations relating to consultation, enforcement and enforceability that the CAA required EPA to promulgate. EPA believes it is reasonable to interpret the conformity SIP requirements as not applying for purposes of evaluating the redesignation request under section 107(d) since State conformity rules are still required after redesignation and Federal conformity rules apply where State rules have not been approved. See Wall v. EPA, 265 F. 3d 426, 438440 (6th Cir. 2001), upholding this interpretation. See also, 60 FR 62748 (December 7, 1995).

In the case of the Franklin County Area, EPA has also determined that before being redesignated, the Franklin County Area need not comply with the requirement that a NSR program be approved prior to redesignation. EPA has determined that areas being redesignated need not comply with the requirement that a NSR program be approved prior to redesignation, provided that the area demonstrates maintenance of the standard without Part D NSR in effect. The rationale for this position is described in a memorandum from Mary Nichols, Assistant Administrator for Air and Radiation, dated October 14, 1994, entitled, ``Part D NSR Requirements or Areas Requesting Redesignation to Attainment.'' Normally, State's Prevention of Significant Deterioration (PSD) program will become effective in the area immediately upon redesignation to attainment. See the more detailed explanations in the following redesignation rulemakings: Detroit, MI (60 FR 1246712468 (March 7, 1995); ClevelandAkronLorrain, OH (61 FR 20458, 2046970, May 7, 1996); Louisville, KY (66 FR 53665, 53669, October 23, 2001); Grand Rapids, MI (61 FR 31831, 3183631837, June 21, 1996). In the case of the Franklin County Area, the Chapter 127 Part D NSR regulations in the Pennsylvania SIP (codified at 40 CFR 52.2020(c)(1)) explicitly apply the requirements for NSR in section 184 of the CAA to ozone attainment areas within the OTR. The OTR NSR requirements are more stringent than that required for a basic 8hour ozone nonattainment area. On October 19, 2001 (66 FR 53094), EPA fully approved Pennsylvania's NSR SIP revision consisting of Pennsylvania's Chapter 127 Part D NSR regulations that cover the Franklin County Area.

EPA has also interpreted the section 184 OTR requirements, including the NSR program, as not being applicable for purposes of redesignation. The rational for this is based on two factors. First, the requirement to submit SIP revisions for the section 184 requirements continues to apply to areas in the OTR after redesignation to attainment. Therefore, the State remains obligated to have NSR, as well as RACT, even after redesignation. Second, the section 184 control measures are regionwide requirements and do not apply to the Franklin County Area by virtue of the area's designation and classification. Rather, section 184 measures are required in the Franklin County Area because it is located in the OTR. See 61 FR 53174, 5317553176 (October 10, 1996) and 62 FR 24826, 2483032 (May 7, 1997).
3. Part D Nonattainment Area Requirements Under the 1Hour Standard

Prior to its designation as an 8hour ozone nonattainment area, the Franklin County Area was designated an incomplete data nonattainment area for the 1hour standard. See 56 FR 56694 at 56822, November 6, 1991.

In its December 22, 2006 decision in South Coast, the Court addressed EPA's revocation of the 1hour ozone standard. The current status of the revocation and associated antibacksliding rules is dependent on whether the Court's decision stands as originally issued or is modified in response to any petition for rehearing or request for clarification that has been filed. As described more fully below, EPA believes that the area has attained the 1hour standard and has met all of the requirements applicable for redesignation under the 1hour standard that would apply even if the 1hour standard is deemed to be reinstated and those requirements are viewed as applying under the statute itself. Thus, the Court's decision, as it currently stands, imposes no impediment to moving forward with redesignation of the area to attainment. Further, even if the Court's decision were modified based upon any petition for rehearing that has been filed, such that the ultimate decision requires something less than compliance with all applicable 1hour requirements, because the area meets all such requirements, as explained below, it would certainly meet any lesser requirements and thus redesignation could proceed.

The conformity portion of the Court's ruling does not impact the redesignation request for the Franklin County Area because there are no conformity requirements that are relevant to redesignation request for any standard, including the requirement to submit a transportation conformity SIP.\1\ As we have previously stated in this document, EPA believes it is reasonable to interpret the conformity SIP requirements as not applying for purposes of evaluating a redesignation request under section 107(d) because state conformity rules are still required after redesignation and federal conformity rules apply where state rules have not been approved.
\1\ Clean Air Act section 176(c)(4)(E) currently requires States to submit revisions to their SIPs to reflect certain federal criteria and procedures for determining transportation conformity. Transportation conformity SIPs are different from the motor vehicle emissions budgets that are established in control strategy SIPs and maintenance plans.

With respect to other requirements under the 1hour standard, in our April 16, 1992 General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990 (57 FR 13498 at 1352413527) EPA concluded that the Clean Air Act provides no specific guidance concerning applicable requirements for certain unclassifiable nonattainment areas including incomplete data areas. We observed that subpart 1 contains general SIP planning requirements, and, we concluded that subpart 2 is not applicable to incomplete data areas.

Under the approach laid out in our April 16, 1992 General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990 (57 FR 13498 at 1352413527) EPA concluded that because incomplete areas are designated nonattainment some aspects of Subpart 1 necessarily apply. See 57 FR 13498 at 13525 (April 16, 1992). With regard to RACT/Reasonably available control measures (RACM), [[Page 29921]]
EPA's position is that requiring all RACT corrections for incomplete data areas is unreasonable, but we required that incomplete data areas must correct any RACT deficiencies regarding enforceability of existing rules in order to be redesignated to attainment. Id. at 13525. With regard to the emission inventory requirement, EPA believes that because an emissions inventory is specifically required under section 172(c)(3) and is not tied to an area's proximity to attainment an incomplete data area was required to develop such an inventory even if only to develop an approvable maintenance plan under section 175A. Id. at 13525.

Furthermore, with respect to the attainment demonstration and RACM, RFP, and contingency measure requirements of part D, under EPA's Clean Data Policy, as embodied in 40 CFR 51.918, upon a finding that the area is attaining the standard, requirements for SIP submissions linked to attainment demonstrations, reasonable further progress (RFP) and contingency measures are suspended for so long as the area is attaining the standard. EPA described its interpretation in a May 10, 1995 memorandum from John S. Seitz, Director, Office of Air Quality Planning and Standards, entitled ``Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone Ambient Air Quality Standard.'' See also, the discussion and rulemakings cited in EPA's Final Rule to Implement the 8Hour Ozone NAAQSPhase 2, 70 FR 71612, 7164471646 (November 29, 2005). The Tenth, Seventh and Ninth Circuits have upheld EPA rulemakings applying the Clean Data Policy. See Sierra Club v. EPA, 99 F. 3d 1551 (10th Cir. 1996); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004) and Our Children's Earth Foundation v. EPA, No. 0473032 (9th Cir. June 28, 2005) memorandum opinion.

We are proposing to find that the Franklin County Area has met the 1hour ozone standard, and thus the requirements of section 172(c)(1) concerning the submission of the ozone attainment demonstration and reasonably available control measure requirements, the requirements of section 172(c)(2) concerning RFP, and section 172(c)(9) contingency measures under the 1hour standard are not applicable for purposes of redesignation.\2\
\2\ We note, however, that the maintenance plan contains contingency measures required under section 175A of the Clean Air Act.

If, while this proposal is pending, the 1hour ozone standard is reinstated and a violation of the 1hour ozone NAAQS is monitored (consistent with the requirements contained in 40 CFR part 58 and recorded in AQS) in this nonattainment area the EPA would not issue a final determination of attainment for the affected area. If the area remains in attainment and EPA issues a final determination of attainment, a subsequent monitored violation prior to redesignation to attainment of the 1hour ozone NAAQS would also mean that the area would thereafter have to address the requirements of sections 172(c)(1), 172(c)(2) and 172(c)(9), since the basis for the determination that they do not apply would no longer exist. This proposal does not revoke the 1hour NAAQS for ozone in the Franklin County Area.

With respect to NSR, EPA has determined that areas being redesignated need not have an approved New Source Review program for the same reasons discussed previously with respect to the applicable part D requirements for the 8hour standard.

Therefore, the only 1hour Part D elements currently applicable to the Franklin County Area by virtue of its designation and
classification as an incomplete data nonattainment area under the 1 hour ozone NAAQS were the corrections of any RACT deficiencies regarding enforceability of existing rules in order to be redesignated to attainment, and the emission inventory requirement. On December 22, 1994, EPA fully approved into the Pennsylvania SIP all corrections required under section 182(a)(2)(A) of the CAA (59 FR 65971, December 22, 1994). EPA believes that this requirement applies only to incomplete data and subpart 2 areas under the 1hour NAAQS pursuant to the 1990 amendments to the CAA; therefore, this is a onetime requirement. After an area has fulfilled the section 182(a)(2)(A) requirement for the 1hour NAAQS, there is no requirement under the 8 hour NAAQS.

Section 173(c)(3) provided for the submission of a comprehensive, accurate, current inventory of actual emissions from all sources, as described in section 172(c)(3), in accordance with guidance provided by the Administrator. In this proposed rule, EPA is proposing to approve a 2002 base year emissions inventory for the Franklin County Area as meeting the requirements of section 172(c)(3) as well as section 182(a)(1). While EPA generally required that the base year inventory for the 1hour standard be for calendar year 1990, EPA believes that Pennsylvania's 2002 inventory fulfills this requirement because it meets EPA's guidance and because it is more current than 1990. EPA also proposes to determine that, if the 1hour standard is deemed to be reinstated, the 2002 base year inventory for the 8hour standard will provide an acceptable substitute for the base year inventory for the 1 hour standard.

4. Transport Region Requirements

All areas in the Ozone Transport Region (OTR), both attainment and nonattainment, are subject to additional control requirements under section 184 for the purpose of reducing interstate transport of emissions that may contribute to downwind ozone nonattainment. The section 184 requirements include (RACT), NSR, enhanced vehicle inspection and maintenance, and Stage II vapor recovery or a comparable measure.

In the case of the Franklin County Area, which is located in the OTR, nonattainment NSR will be applicable after redesignation. As discussed previously, EPA has fully approved Pennsylvania's NSR SIP revision which applies the requirements for NSR of section 184 of the CAA to attainment areas within the OTR.

EPA has also interpreted the section 184 OTR requirements, including NSR, as not being applicable for purposes of redesignation. See 61 FR 53174, October 10, 1996 and 62 FR 24826, May 7, 1997 (Reading, Pennsylvania Redesignation). The rationale for this is based on two considerations. First, the requirement to submit SIP revisions for the section 184 requirements continues to apply to areas in the OTR after redesignation to attainment. Therefore, the State remains obligated to have NSR, as well as RACT, and I/M even after redesignation. Second, the section 184 control measures are regionwide requirements and do not apply to the area by virtue of the area's nonattainment designation and classification, and thus are properly considered not relevant to an action changing an area's designation. See 61 FR 53174 at 5317553176 (October 10, 1996) and 62 FR 24826 at 2483024832 (May 7, 1997).
5. The Franklin County Area Has a Fully Approved SIP for the Purposes of Redesignation

EPA has fully approved the Pennsylvania SIP for the purposes of redesignation. EPA may rely on prior SIP approvals in approving a redesignation request. Calcagni Memo, p. 3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F. 3d 984, 98990 (6th Cir. 1998), Wall v. EPA, 265 F.3d
[[Page 29922]]
426 (6th Cir. 2001), plus any additional measures it may approve in conjunction with a redesignation action. See 68 FR at 25425 (May 12, 2003) and citations therein. The Franklin County Area was a 1hour incomplete data area at the time of its designation as a basic 8hour ozone nonattainment area on April 30, 2004 (69 FR 23857). Because the Franklin County Area was a 1hour incomplete data area, the only previous part D SIP submittal requirement was the RACT corrections due under section 182(a)(2)(A) and the comprehensive emissions inventory due under section 172(c)(3) for the 1hour standard. The RACT corrections are fully approved (59 FR 65971, December 22, 1994), and, EPA is proposing to approve a comprehensive inventory for the area in this notice of proposed rulemaking. No other Part D submittal requirements have come due prior to the submittal of the 8hour maintenance plan for the area. Therefore, all Part D submittal requirements have been fulfilled. Because there are no outstanding SIP submission requirements applicable for the purposes of redesignation of the Franklin County Area, the applicable implementation plan satisfies all pertinent SIP requirements. As indicated previously, EPA believes that the section 110 elements not connected with Part D nonattainment plan submissions and not linked to the area's nonattainment status are not applicable requirements for purposes of redesignation. EPA also believes that no 8hour Part D requirements applicable for purposes of redesignation have yet become due for the Franklin County Area, and therefore they need not be approved into the SIP prior to
redesignation.
C. The Air Quality Improvement in the Franklin County Area Is Due to Permanent and Enforceable Reductions in Emissions Resulting From Implementation of the SIP and Applicable Federal Air Pollution Control Regulations and Other Permanent and Enforceable Reductions

EPA believes that the Commonwealth has demonstrated that the observed air quality improvement in the Franklin County Area is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP, Federal measures, and other Stateadopted measures. Emissions reductions attributable to these rules are shown in Table 3.
Table 3.Total VOC and NOX Emissions for 2002 and 2004 in Tons per Day (tpd) Year Point Area Nonroad Mobile Total Volatile Organic Compounds (VOC) Year 2002...................................... 0.7 7.8 2.6 9.7 20.8 Year 2004...................................... 0.8 7.8 2.6 8.6 19.8
Difference (0204)............................. 0.1 0.0 0.0 1.1 1.0 Nitrogen Oxides (NOX) Year 2002...................................... 0.4 0.7 4.2 18.3 23.6 Year 2004...................................... 0.6 0.7 4.0 16.5 21.8
Difference (0204)............................. 0.2 0.0 0.2 1.8 1.8

Between 2002 and 2004, VOC emissions were reduced by 1.1 tpd, and NOX emissions were reduced by 1.8 tpd, due to the following permanent and enforceable measures implemented or in the process of being implemented in the Franklin County Area:

1. Stationary Point Sources

Interstate Pollution Transport Reduction (66 FR 43795, August 21, 2001).

2. Stationary Area Sources

Solvent Cleaning (68 FR 2206, January 16, 2003).

Portable Fuel Containers (69 FR 70893, December 8, 2004). 3. Highway Vehicle Sources

Federal Motor Vehicle Control Programs (FMVCP).
Tier 1 (56 FR 25724, June 5, 1991).

Tier 2 (65 FR 6698, February 10, 2000).

Heavy Duty Engines and Vehicles Standards (62 FR 54694, October 21, 1997 and 65 FR 59896, October 6, 2000).

National Low Emission Vehicle (NLEV) (64 FR 72564, December 28, 1999).

Vehicle Safety Inspection Program (70 FR 58313, October 6, 2005). 4. Nonroad Sources

Nonroad Diesel Engine and Fuel (69 FR 38958, June 29, 2004).

EPA believes that permanent and enforceable emissions reductions are the cause of the longterm improvement in ozone levels and are the cause of the area achieving attainment of the 8hour ozone standard. D. The Franklin County Area Has a Fully Approved Maintenance Plan Pursuant to Section 175A of the CAA

In conjunction with its request to redesignate the Franklin County Area to attainment of the 8hour ozone NAAQS, Pennsylvania submitted a SIP revision to provide for maintenance of the 8hour ozone NAAQS in the Franklin County Area for at least 10 years after redesignation. Pennsylvania is requesting that EPA approve this SIP revision as meeting the requirement of section 175A of the CAA. Once approved, the maintenance plan for the 8hour ozone NAAQS will ensure that the SIP for the Franklin County Area meets the requirements of the CAA regarding maintenance of the applicable 8hour ozone standard. 1. What is required in a maintenance plan?

Section 175A of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. Under section 175A, the plan must demonstrate continued attainment of the applicable NAAQS for at least 10 years after approval of a redesignation of an area to attainment. Eight years after the redesignation, the State must submit a revised maintenance plan demonstrating that attainment will continue to be maintained for the next 10year period following the initial 10year period. To address the possibility of future NAAQS violations, the maintenance plan must contain such
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contingency measures, with a schedule for implementation, as EPA deems necessary to assure prompt correction of any future 8hour ozone violations. Section 175A of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. The Calcagni memorandum dated September 4, 1992, provides additional guidance on the content of a maintenance plan. An ozone maintenance plan should address the following provisions:
(1) An attainment emissions inventory;
(2) A maintenance demonstration;
(3) A monitoring network;
(4) Verification of continued attainment; and
(5) A contingency plan.
2. Analysis of the Franklin County Area Maintenance Plan
(a) Attainment InventoryAn attainment inventory includes the emissions during the time period associated with the monitoring data showing attainment. An attainment year of 2004 was used for the Franklin County Area since it is a reasonable year within the 3year block of 20022004 and accounts for reductions attributable to implementation of the CAA requirements to date.

PADEP prepared comprehensive VOC and NOX emissions inventories for the Franklin County Area, including point, area, mobile onroad, and mobile nonroad sources for a base year of 2002.

To develop the NOX and VOC base year emissions inventories, PADEP used the following approaches and sources of data: (i) Point source emissionsPennsylvania requires owners and operators of larger facilities to submit annual production figures and emission calculations each year. Throughput data are multiplied by emission factors from Factor Information Retrieval (FIRE) Data System and EPA's publication series AP42 and are based on Source
Classification Code (SCC). Each process has at least one SCC assigned to it. If the owners and operators of facilities provide more accurate emission data based upon other factors, these emission estimates supersede those calculated using SCC codes.
(ii) Area source emissionsArea source emissions are generally estimated by multiplying an emission factor by some known indicator or collective activity for each area source category at the county level. Pennsylvania estimates emissions from area sources using emission factors and SCC codes in a method similar to that used for stationary point sources. Emission factors may also be derived from research and guidance documents if those documents are more accurate than FIRE and AP42 factors. Throughput estimates are derived from countylevel activity data, by apportioning national and statewide activity data to counties, from census numbers, and from county employee numbers. County employee numbers are based upon North American Industry Classification System (NAICS) codes to establish that those numbers are specific to the industry covered.
(iii) Onroad mobile sourcesPADEP employs an emissions estimation methodology that uses current EPAapproved highway vehicle emission model, MOBILE 6.2, to estimate highway vehicle emissions. The Franklin County Area highway vehicle emissions in 2004 were estimated using MOBILE 6.2 and PENNDOT estimates of vehicles miles traveled (VMT) by vehicle type and roadway type.
(iv) Mobile nonroad emissionsThe 2002 emissions for the majority of nonroad emission source categories were estimated using the EPA NONROAD 2005 model. The NONROAD model estimates emissions for diesel, gasoline, liquefied petroleum gasoline, and compressed natural gas fueled nonroad equipment types and includes growth factors. The NONROAD model does not estimate emissions from aircraft or locomotives. For 2002 locomotive emissions, PADEP projected emissions from a 1999 survey using national fuel information and EPA emission and conversion factors. There are no commercial aircraft operations in the Franklin County Area. For 2002 aircraft emissions, PADEP estimated emissions using small aircraft operation statistics from http://www.airnav.com, and emission factors and operational characteristics in the EPA approved model, Emissions and Dispersion Modeling System (EDMS).

The 2004 attainment year VOC and NOX emissions for the Franklin County Area are summarized along with the 2009 and 2018 projected emissions for this area in Tables 4 and 5, which cover the demonstration of maintenance for this area. EPA has concluded that Pennsylvania has adequately derived and documented the 2004 attainment year VOC and NOX emissions for this area.
(b) Maintenance DemonstrationOn December 14, 2006, PADEP submitted a SIP revision to supplement its December 14, 2006, redesignation request. The submittal by PADEP consists of the maintenance plan as required by section 175A of the CAA. The Franklin County Area plan shows maintenance of the 8hour ozone NAAQS by demonstrating that current and future emissions of VOC and NOX remain at or below the attainment year 2004 emissions levels throughout the Franklin County Area through the year 2018. The Franklin County Area maintenance demonstration need not be based on modeling. See Wall v. EPA, supra; Sierra Club v. EPA, supra. See also, 66 FR at 5309953100; 68 FR at 2543032.

Tables 4 and 5 specify the VOC and NOX emissions for the Franklin County Area for 2004, 2009, and 2018. PADEP chose 2009 as an interim year in the 10year maintenance demonstration period to demonstrate that the VOC and NOX emissions are not projected to increase above the 2004 attainment level during the time of the 10 year maintenance period.
Table 4.Total VOC Emissions for 20042018 (tpd)
2004 VOC 2009 VOC 2018 VOC Source category Emissions Emissions Emissions Mobile*.......................... 8.6 7.3 5.1 Nonroad.......................... 2.6 2.2 1.8 Area............................. 7.8 7.8 8.0 Point............................ 0.8 0.6 0.8

Total........................ 19.8 17.9 15.7 * Includes safety margin for 2009 and 2018 identified in the motor vehicle emission budgets for transportation conformity.
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Table 5.Total NOX Emissions 20042018 (tpd)
2004 NOX 2009 NOX 2018 NOX Source category Emissions Emissions Emissions Mobile*.......................... 16.5 12.7 6.7 Nonroad.......................... 4.0 3.4 2.2 Area............................. 0.7 0.7 0.8 Point............................ 0.6 0.3 0.3

Total........................ 21.8 17.0 9.9 * Includes safety margin for 2009 and 2018 identified in the motor vehicle emission budgets for transportation conformity.

The following are permanent and enforceable control measures to ensure emissions during the maintenance period are equal to or less than the emissions in the attainment year:

1. Pennsylvania's Portable Fuel Containers (December 8, 2004, 69 FR 70893);

2. Pennsylvania's Consumer Products ( December 8, 2004, 69 FR 70895); and

3. Pennsylvania's Architectural and Industrial Maintenance (AIM) Coatings (November 23, 2004, 69 FR 68080).

Additionally, the following mobile programs are either effective or due to become effective and will further contribute to the maintenance demonstration of the 8hour ozone NAAQS:

1. FMVCP for passenger vehicles and lightduty trucks and cleaner gasoline (2009 and 2018 fleet)Tier 1 and Tier 2;

2. NLEV Program, which includes the Pennsylvania's Clean Vehicle Program for passenger vehicles and lightduty trucks (69 FR 72564, December 28, 1999);

3. Heavy duty diesel onroad (2004/2007) and lowsulfur onroad (2006) (66 FR 5002, January 18, 2001); and

4. Nonroad emissions standards (2008) and offroad diesel fuel (2007/2010) (69 FR 38958, June 29, 2004).

In addition to the permanent and enforceable measures, the Clean Air Interstate Rule (CAIR), promulgated May 12, 2005 (70 FR 25162) should have positive impacts on Pennsylvania's air quality. CAIR, which will be implemented in the eastern portion of the country in two phases (2009 and 2015) should reduce long range transport of ozone precursors, which will have a beneficial effect on the air quality in the Franklin County Area.

Pennsylvania and other nearby states are required to adopt a regulation implementing the requirements of CAIR or an equivalent program. On April 28, 2006 (71 FR 25328), EPA promulgated Federal Implementation Plans (FIPs) to reduce the interstate transport of NOX and sulfur dioxides that contribute significantly to nonattainment and maintenance 8hour ozone and PM2.5 NAAQS. Because Pennsylvania will not adopt its own CAIR requirements and obtain approval of the required SIP revision by September 2006, the FIP will become operative, imposing the Federal program upon CAIRaffected electric generating units in Pennsylvania. Therefore, allowances for CAIRrelated sources will be limited to no more than the allowances issued pursuant to the FIP. The Franklin County Area has no sources that are directly regulated by CAIR, and therefore is not showing an emission reduction from this regulation. However, the quality of air transported from upwind sources into the county would be improved.

Based upon the comparison of the projected emissions and the

FOR FURTHER INFORMATION CONTACT Christopher Cripps, (215) 814-2179, or by email at cripps.christopher@epa.gov.