Federal Register: PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: [40 CFR Part 52]

ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

CFR Citation: 40 CFR Part 52

EPA ID: [EPA-R03-OAR-2008-0182; FRL-8565-4]

NOTICE: PROPOSED RULES

ACTION: Approval and Promulgation of Air Quality Implementation Plans:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for the Susquehanna County Area

DATES: Written comments must be received on or before June 13, 2008.

DOCUMENT SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) submitted a SIP revision consisting of a maintenance plan that provides for continued attainment of the 8hour ozone national ambient air quality standard (NAAQS) for at least 10 years after the April 30, 2004 designations, as well as a 2002 baseyear inventory for
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the Susquehanna County Area. EPA is proposing approval of the maintenance plan and the 2002 baseyear inventory in accordance with the requirements of the Clean Air Act (CAA).

SUMMARY: Susquehanna County Area, PA; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory,

SUPPLEMENTAL INFORMATION

On December 17, 2007, PADEP formally submitted for approval, under section 110(a)(1) of the CAA, a SIP revision for the 8hour ozone maintenance plan and the 2002 baseyear inventory for the Susquehanna County Area.

I. Background

Section 110(a)(1) of the CAA requires that states submit to EPA plans to maintain the NAAQS promulgated by EPA. EPA interprets this provision to require that areas that were maintenance areas for the 1 hour ozone NAAQS, but attainment for the 8hour ozone NAAQS, submit a plan to demonstrate the continued maintenance of the 8hour ozone NAAQS.

On May 20, 2005, EPA issued guidance that applies to areas that are designated unclassifiable/attainment for the 8hour ozone standard. The purpose of this guidance is to address the maintenance requirements in section 110(a)(1) of the CAA, and to assist the states in the development of a SIP. The components from EPA's guidance include: (1) An attainment emissions inventory, which is based on actual ``typical summer day'' emissions of volatile organic compounds (VOCs) and nitrogen oxides (NOX) for a 10year maintenance period, from a baseyear chosen by the state; (2) a maintenance demonstration, which demonstrates how the area will remain in compliance with the 8hour ozone standard for a period of 10 years following the effective date of designation unclassifiable/attainment (June 15, 2004); (3) an ambient air monitoring network, which will be in continuous operation in accordance with 40 CFR Part 58 to verify maintenance of the 8hour ozone standard; (4) a contingency plan, that will ensure that in the event of a violation of the 8hour ozone NAAQS, measures will be implemented as promptly as possible; and (5) a verification of continued attainment, indicating how the state intends on tracking the progress of the maintenance plan.

II. Summary of SIP Revision

The Commonwealth of Pennsylvania has requested approval of its 8 hour ozone maintenance plan and 2002 baseyear inventory for the Susquehanna County Area. The PADEP 8hour ozone maintenance plan addresses the five components of EPA's May 20, 2005 guidance, which pertains to the maintenance requirements in section 110(a)(1) of the CAA.

Attainment Emission Inventory: An attainment emissions inventory includes emissions during the time period associated with the monitoring data showing attainment. PADEP has provided an emissions inventory for VOCs and NOX, using 2002 as the baseyear from which to project emissions. The 2002 inventory is consistent with EPA guidance, is based on actual ``typical summer day'' emissions of VOCs and NOX, and consists of a list of sources and their associated emissions. PADEP prepared comprehensive VOCs and NOX emissions inventories for the Susquehanna County Area. In the maintenance plan, PADEP included information on the manmade sources of ozone precursors, VOCs and NOX (e.g., ``stationary sources,'' ``stationary area sources,'' ``highway vehicles,'' and ``nonroad sources'').

Pennsylvania projected emissions for beyond 10 years from the effective date of the April 30, 2004 designations for the 8hour ozone standard. PADEP has developed an emissions inventory for ozone precursors for the year 2002, 2009, and 2018. Tables 1 and 2 show the VOCs and NOX emissions reduction summary for 2002, 2009, and 2018.
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Table 1.VOC Emissions Summary: 2002, 2009 and 2018 [Tons per summer day] Major source category 2002 2009 2018 Stationary Point Sources *...................................... 0.00 0.00 0.00 Stationary Area Sources......................................... 6.21 6.15 6.92 Highway Vehicles................................................ 3.17 1.71 1.00 Nonroad Sources................................................. 2.36 2.14 1.63

Total....................................................... 11.74 10.00 9.55 * Values are greater than zero. Values appear as zero due to rounding. Table 2.NOX Emissions Summary: 2002, 2009 and 2018 [Tons per summer day] Major source category 2002 2009 2018 Stationary Point Sources........................................ 0.10 0.10 0.11 Stationary Area Sources......................................... 0.24 0.26 0.28 Highway Vehicles................................................ 8.56 4.87 1.90 Nonroad Sources................................................. 1.37 1.16 0.85

Total....................................................... 10.27 6.39 3.14

EPA believes Pennsylvania has demonstrated that the VOCs and NOX emissions in the Susquehanna County Area will improve due to permanent and enforceable reductions in emissions resulting from implementation of the SIP, federal measures, and other stateadopted measures.

Maintenance demonstration: As Table 1 and 2 indicate, the Susquehanna County Attainment Area plan shows maintenance of the 8hour ozone NAAQS by demonstrating that future emissions of VOCs and NOX remain at or below the 2002 baseyear emissions levels through the year 2018.

Based upon the comparison of the projected emissions and the 2002 baseyear inventory emissions, along federal and state measures, EPA concludes that PADEP successfully demonstrates that the 8hour ozone standard will be maintained in the Susquehanna County Area. Further details of Susquehanna County Attainment Area's 8hour ozone maintenance demonstration can be found in a Technical Support Document (TSD) prepared for this rulemaking.

Ambient Air Quality Monitoring: With regard to the ambient air monitoring component of the maintenance plan, Pennsylvania commits to continue operating its current air quality monitoring stations in accordance with 40 CFR part 58, to verify the attainment status of the area, with no reductions in the number of sites from those in the existing network unless preapproved by EPA.

Contingency Plan: Section 110(a)(1) of the CAA requires that the state develop a contingency plan which will ensure that any violation of a NAAQS is promptly corrected. The purpose of the contingency plan is to adopt measures, outlined in the maintenance plan, in order to assure continued attainment in the event of a violation of the 8hour ozone NAAQS. The maintenance plan should identify the events that would ``trigger'' the adoption and implementation of a contingency measure(s), the contingency measure(s) that would be adopted and implemented, and the schedule indicating the time frame by which the state would adopt and implement the measure(s).

Since the Susquehanna County Area does not have a monitor, contingency measures will be considered if for two consecutive years the fourth highest 8hour ozone concentrations at the design monitor for the ScrantonWilkesBarre Area are above 84 parts per billion (ppb). If this trigger point occurs, PADEP will evaluate whether additional local emission control measures should be implemented in Susquehanna County in order to prevent a violation of the air quality standard. PADEP will analyze the conditions leading to the excessive ozone levels and evaluate what measures might be most effective in correcting the excessive ozone levels. PADEP will also analyze the potential emissions effect of federal, state, and local measures that have been adopted but not yet implemented at the time the excessive ozone levels occurred. PADEP will then begin the process of implementing the contingency measures outlined in their maintenance plan.

Verification of continued attainment: PADEP will track the attainment status of the 8hour ozone NAAQS for Susquehanna County by reviewing air quality at the design monitor for the ScrantonWilkes Barre Area and emissions data during the maintenance period. An annual evaluation of vehicle miles traveled and emissions reported from stationary sources will be performed and compared to the assumptions about the factors used in the maintenance plan. PADEP will also evaluate the periodic (every three years) emission inventories prepared under EPA's Consolidated Emission Reporting Regulation (40 CFR part 51, subpart A) for any unanticipated increases. Based on these evaluations, PADEP will consider whether any further emission control measures should be implemented.

III. Proposed Action

EPA is proposing to approve the maintenance plan and the 2002 base year inventory for the Susquehanna County Area, submitted on December 17, 2007, as revisions to the Pennsylvania SIP. EPA is proposing to approve the maintenance plan and 2002 baseyear inventory for the Susquehanna County Area because it meets the requirements of section 110(a)(1) of the CAA. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations.
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42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed

Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 1044);

Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule to approve the maintenance plan and the 2002 baseyear inventory for the Susquehanna County Area in the Commonwealth of Pennsylvania does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq.

Dated: May 5, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E810809 Filed 51308; 8:45 am]
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FOR FURTHER INFORMATION CONTACT Gregory Becoat, (215) 814-2036, or by email at becoat.gregory@epa.gov.