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Federal Register / Vol. 72, No.

103 / Wednesday, May 30, 2007 / Proposed Rules 29901

requirements of section 12(d) of the including any personal information Dated: April 30, 2007.
NTTAA do not apply. provided, unless the comment includes Laura Yoshii,
Confidential Business Information (CBI) Acting Regional Administrator, Region IX.
List of Subjects in 40 CFR Part 52
or other information whose disclosure is [FR Doc. E7–10238 Filed 5–29–07; 8:45 am]
Environmental protection, Air restricted by statute. Information that BILLING CODE 6560–50–P
pollution control, Incorporation by you consider CBI or otherwise protected
reference, Intergovernmental relations, should be clearly identified as such and
Nitrogen dioxide, Ozone, Particulate should not be submitted through http:// ENVIRONMENTAL PROTECTION
matter, Reporting and recordkeeping or e-mail. Http:// AGENCY
requirements. is an ‘‘anonymous
Dated: May 18, 2007. access’’ system, and EPA will not know 40 CFR Parts 52 and 81
Gary Gulezian, your identity or contact information [EPA–R03–OAR–2007–0175; FRL–8319–9]
Acting Regional Administrator, Region 5. unless you provide it in the body of
your comment. If you send e-mail Approval and Promulgation of Air
[FR Doc. E7–10317 Filed 5–29–07; 8:45 am]
directly to EPA, your e-mail address Quality Implementation Plans;
will be automatically captured and Pennsylvania; Redesignation of the
included as part of the public comment. Reading Ozone Nonattainment Area to
ENVIRONMENTAL PROTECTION If EPA cannot read your comment due Attainment and Approval of the Area’s
AGENCY to technical difficulties and cannot Maintenance Plan and 2002 Base Year
contact you for clarification, EPA may Inventory
40 CFR Part 52 not be able to consider your comment.
AGENCY: Environmental Protection
Docket: The index to the docket for Agency (EPA).
[EPA–R09–OAR–2007–0236; FRL–8316–1]
this action is available electronically at ACTION: Proposed rule.
Revisions to the California State and in hard
Implementation Plan, San Joaquin copy at EPA Region IX, 75 Hawthorne SUMMARY: EPA is proposing to approve
Valley Unified Air Pollution Control Street, San Francisco, California. While a redesignation request and a State
District all documents in the docket are listed in Implementation Plan (SIP) revisions
the index, some information may be submitted by the Commonwealth of
AGENCY: Environmental Protection publicly available only at the hard copy Pennsylvania. The Pennsylvania
Agency (EPA). location (e.g., copyrighted material), and Department of Environmental Protection
ACTION: Proposed rule. some may not be publicly available in (PADEP) is requesting that the Reading,
either location (e.g., CBI). To inspect the Berks County, Pennsylvania ozone
SUMMARY: EPA is proposing to approve hard copy materials, please schedule an nonattainment area (Reading Area) be
revisions to the San Joaquin Valley appointment during normal business redesignated as attainment for the 8-
Unified Air Pollution Control District hours with the contact listed in the FOR hour ozone national ambient air quality
(SJVUAPCD) portion of the California FURTHER INFORMATION CONTACT section. standard (NAAQS). EPA is proposing to
State Implementation Plan (SIP). These approve the ozone redesignation request
revisions concern Oxides of Nitrogen FOR FURTHER INFORMATION CONTACT:
Francisco Dóñez, EPA Region IX, (415) for Reading Area. In conjunction with
(NOX) emissions from Boilers, Steam its redesignation request, PADEP
Generators and Process Heaters (2.0 972–3956,
submitted a SIP revision consisting of a
MMBtu/hr to 5.0 MMBtu/hr, and 0.075 SUPPLEMENTARY INFORMATION: This maintenance plan for Reading Area that
MMBtu/hr to 2.0 MMBtu/hr); Dryers, proposal addresses the following local provides for continued attainment of the
Dehydrators, and Ovens; Natural Gas- rules: SJVUAPCD Rules 4307, 4308, 8-hour ozone NAAQS for at least 10
Fired, Fan-Type Residential Central 4309, 4352, and 4905. In the Rules and years after redesignation and that
Furnaces; and Solid Fuel Fired Boilers, Regulations section of this Federal amends the existing 1-hour ozone
Steam Generators and Process Heaters. Register, we are approving these local maintenance plan for the Reading Area.
We are proposing to approve local rules rules in a direct final action without EPA is proposing to make a
to regulate these emission sources under prior proposal because we believe these determination that the Reading Area has
the Clean Air Act as amended in 1990 SIP revisions are not controversial. If we attained the 8-hour ozone NAAQS,
(CAA or the Act). receive adverse comments, however, we based upon three years of complete,
DATES: Any comments on this proposal will publish a timely withdrawal of the quality-assured ambient air quality
must arrive by June 29, 2007. direct final rule and address the ozone monitoring data for 2003–2005.
ADDRESSES: Submit comments, comments in subsequent action based EPA’s proposed approval of the 8-hour
identified by docket number EPA–R09– on this proposed rule. Please note that ozone redesignation request is based on
OAR–2007–0236, by one of the if we receive adverse comment on an its determination that the Reading Area
following methods: amendment, paragraph, or section of has met the criteria for redesignation to
1. Federal eRulemaking Portal: this rule and if that provision may be attainment specified in the Clean Air severed from the remainder of the rule, Act (CAA). In addition, PADEP
Follow the on-line instructions. we may adopt as final those provisions submitted a 2002 base year inventory for
2. E-mail: of the rule that are not the subject of an the Reading Area which EPA is
3. Mail or deliver: Andrew Steckel adverse comment. proposing to approve as a SIP revision.
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(Air-4), U.S. Environmental Protection We do not plan to open a second EPA is also providing information on
Agency Region IX, 75 Hawthorne Street, comment period, so anyone interested the status of its adequacy determination
San Francisco, CA 94105–3901. in commenting should do so at this for the motor vehicle emission budgets
Instructions: All comments will be time. If we do not receive adverse (MVEBs) that are identified in the
included in the public docket without comments, no further activity is Reading Area maintenance plan for
change and may be made available planned. For further information, please purposes of transportation conformity,
online at, see the direct final action. which EPA is also proposing to approve.

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29902 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Proposed Rules

EPA is proposing approval of the Docket: All documents in the supplement submitted on April 12,
redesignation request, and the electronic docket are listed in the 2007.) PADEP also submitted a 2002
maintenance plan and the 2002 base index. Although base year inventory as a SIP revision on
year inventory SIP revisions in listed in the index, some information is January 25, 2007. The Reading Area is
accordance with the requirements of the not publicly available, i.e., CBI or other currently designated as a basic 8-hour
CAA. information whose disclosure is ozone nonattainment area and is
DATES: Written comments must be restricted by statute. Certain other covered by a maintenance plan for the
received on or before June 29, 2007. material, such as copyrighted material, 1-hour NAAQS. EPA is proposing to
ADDRESSES: Submit your comments, is not placed on the Internet and will be determine that the Reading Area has
identified by Docket ID Number EPA– publicly available only in hard copy attained the 8-hour ozone NAAQS and
R03–OAR–2007–0175 by one of the form. Publicly available docket that it has met the requirements for
following methods: materials are available either redesignation pursuant to section
A. Follow the electronically in or 107(d)(3)(E) of the CAA. EPA is,
on-line instructions for submitting in hard copy during normal business therefore, proposing to approve the
comments. hours at the Air Protection Division, redesignation request to change the
B. E-mail: U.S. Environmental Protection Agency, designation of the Reading Area from
C. Mail: EPA–R03–OAR–2007–0175, Region III, 1650 Arch Street, nonattainment to attainment for the 8-
Linda Miller, Acting Chief, Air Quality Philadelphia, Pennsylvania 19103. hour ozone NAAQS. EPA is also
Planning Branch, Mailcode 3AP21, U.S. Copies of the State submittal are proposing to approve the Reading Area
Environmental Protection Agency, available at the Pennsylvania maintenance plan as a SIP revision,
Region III, 1650 Arch Street, Department of Environmental such approval being one of the CAA
Philadelphia, Pennsylvania 19103. Protection, Bureau of Air Quality, P.O. criteria for redesignation to attainment
D. Hand Delivery: At the previously- Box 8468, Harrisburg, Pennsylvania status. The maintenance plan is
listed EPA Region III address. Such 17105. designed to ensure continued
deliveries are only accepted during the FOR FURTHER INFORMATION CONTACT: attainment in the Reading Area for the
Docket’s normal hours of operation, and Christopher Cripps, (215) 814–2179, or next ten years. EPA is also proposing to
special arrangements should be made by e-mail at approve the 2002 base year inventory
for deliveries of boxed information. SUPPLEMENTARY INFORMATION:
for the Reading Area as a SIP revision.
Instructions: Direct your comments to Throughout this document whenever Additionally, EPA is announcing its
Docket ID No. EPA–R03–OAR–2007– ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean action on the adequacy process for the
0175. EPA’s policy is that all comments EPA. MVEBs identified in the Reading Area
received will be included in the public maintenance plan, and proposing to
docket without change, and may be Table of Contents approve the MVEBs identified for
made available online at I. What Actions Are EPA Proposing To Take? volatile organic compounds (VOC) and, including any II. What Is the Background for These nitrogen oxides (NOX) for transportation
personal information provided, unless Proposed Actions? conformity purposes.
III. What Are the Criteria for Redesignation
the comment includes information to Attainment? II. What Is the Background for These
claimed to be Confidential Business IV. Why is EPA Taking These Actions? Proposed Actions?
Information (CBI) or other information V. What Would Be the Effect of These
whose disclosure is restricted by statute. Actions? A. General
Do not submit information that you VI. What Is EPA’s Analysis of the State’s Ground-level ozone is not emitted
consider to be CBI or otherwise Request and SIP Revision? directly by sources. Rather, emissions of
protected through VII. Are the Motor Vehicle Emissions NOX and VOC react in the presence of
or e-mail. The Web Budgets Established and Identified in the
Maintenance Plan for the Reading Area
sunlight to form ground-level ozone.
site is an ‘‘anonymous access’’ system, Adequate and Approvable? The air pollutants NOX and VOC are
which means EPA will not know your VIII. Proposed Actions referred to as precursors of ozone. The
identity or contact information unless IX. Statutory and Executive Order Reviews CAA establishes a process for air quality
you provide it in the body of your management through the attainment and
comment. If you send an e-mail I. What Actions Are EPA Proposing To maintenance of the NAAQS.
comment directly to EPA without going Take? On July 18, 1997, EPA promulgated a
through, your e- On January 25, 2007, PADEP formally revised 8-hour ozone standard of 0.08
mail address will be automatically submitted a request to redesignate the parts per million (ppm). This new
captured and included as part of the Reading Area from nonattainment to standard is more stringent than the
comment that is placed in the public attainment of the 8-hour NAAQS for previous 1-hour ozone standard. EPA
docket and made available on the ozone. Concurrently, on January 25, designated, as nonattainment, any area
Internet. If you submit an electronic 2007, PADEP submitted a maintenance violating the 8-hour ozone NAAQS
comment, EPA recommends that you plan for the Reading Area as a SIP based on the air quality data for the
include your name and other contact revision to ensure continued attainment three years of 2001–2003. These were
information in the body of your of the 8-hour NAAQS for at least 10 the most recent three years of data at the
comment and with any disk or CD–ROM years after redesignation and continued time EPA designated 8-hour areas. The
you submit. If EPA cannot read your attainment of the 1-hour ozone NAAQS Reading Area was designated as basic 8-
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comment due to technical difficulties until 2018. PADEP submitted a hour ozone nonattainment status in a
and cannot contact you for clarification, supplement to the technical support for Federal Register notice signed on April
EPA may not be able to consider your the maintenance plan on April 12, 2007. 15, 2004 and published on April 30,
comment. Electronic files should avoid (Hereafter, when we say the 2004 (69 FR 23857), based on its
the use of special characters, any form maintenance plan was submitted on exceedance of the 8-hour health-based
of encryption, and be free of any defects January 25, 2007 we mean that it standard for ozone during the years
or viruses. submitted on January 25, 2007, with a 2001–2003. On April 30, 2004, EPA

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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Proposed Rules 29903

issued a final rule (69 FR 23951, 23996) 1. Other areas are also subject to the On January 25, 2007, PADEP
to revoke the 1-hour ozone NAAQS in provisions of subpart 2. Under EPA’s 8- requested that the Reading Area be
the Reading Area (as well as most other hour ozone implementation rule, signed redesignated to attainment for the 8-
areas of the country) effective June 15, on April 15, 2004, an area was classified hour ozone standard. The redesignation
2005. See 40 CFR 50.9(b); 69 FR at under subpart 2 based on its 8-hour request included 3 years of complete,
23996 (April 30, 2004); and see 70 FR ozone design value (i.e., the 3-year quality-assured data for the period of
44470 (August 3, 2005). average annual fourth-highest daily 2003–2005, indicating that the 8-hour
However, on December 22, 2006, the maximum 8-hour average ozone NAAQS for ozone had been achieved in
U.S. Court of Appeals for the District of concentration), if it had a 1-hour design the Reading Area. The data satisfies the
Columbia Circuit vacated EPA’s Phase 1 value at or above 0.121 ppm (the lowest CAA requirements when the 3-year
Implementation Rule for the 8-hour 1-hour design value in the CAA for average of the annual fourth-highest
Ozone Standard. (69 FR 23951, April 30, subpart 2 requirements). All other areas daily maximum 8-hour average ozone
2004). South Coast Air Quality are covered under subpart 1, based upon concentration (commonly referred to as
Management Dist. v. EPA, 472 F.3d 882 their 8-hour design values. In 2004, the area’s design value) is less than or
(D.C.Cir. 2006) (hereafter ‘‘South Reading Area was designated a basic 8- equal to 0.08 ppm (i.e., 0.084 ppm when
Coast.’’). The Court held that certain hour ozone nonattainment area based rounding is considered). Under the
provisions of EPA’s Phase 1 Rule were upon air quality monitoring data from CAA, a nonattainment area may be
inconsistent with the requirements of 2001–2003, and therefore, is subject to redesignated if sufficient complete,
the Clean Air Act. The Court rejected the requirements of subpart 1 of Part D. quality-assured data is available to
EPA’s reasons for implementing the 8- Under 40 CFR part 50, the 8-hour determine that the area has attained the
hour standard in nonattainment areas ozone standard is attained when the 3- standard and the area meets the other
under Subpart 1 in lieu of subpart 2 of year average of the annual fourth- CAA redesignation requirements set
Title I, part D of the Act. The Court also highest daily maximum 8-hour average forth in section 107(d)(3)(E).
held that EPA improperly failed to ambient air quality ozone
retain four measures required for 1-hour concentrations is less than or equal to III. What Are the Criteria for
nonattainment areas under the anti- 0.08 ppm (i.e., 0.084 ppm when Redesignation to Attainment?
backsliding provisions of the rounding is considered). See 69 FR The CAA provides the requirements
regulations: (1) Nonattainment area New 23857, (April 30, 2004) for further for redesignating a nonattainment area
Source Review (NSR) requirements information. Ambient air quality to attainment. Specifically, section
based on an area’s 1-hour nonattainment monitoring data for the 3-year period 107(d)(3)(E) of the CAA, allows for
classification; (2) Section 185 penalty must meet data completeness redesignation, providing that:
fees for 1-hour severe or extreme requirements. The data completeness (1) EPA determines that the area has
nonattainment areas; (3) measures to be requirements are met when the average attained the applicable NAAQS;
implemented pursuant to section percent of days with valid ambient (2) EPA has fully approved the
172(c)(9) or 182(c)(9) of the Act, on the monitoring data is greater than 90 applicable implementation plan for the
contingency of an area not making percent, and no single year has less than area under section 110(k);
reasonable further progress toward 75 percent data completeness as
(3) EPA determines that the
attainment of the 1-hour NAAQS, or for determined in Appendix I of 40 CFR
improvement in air quality is due to
failure to attain that NAAQS; and (4) the part 50. The ozone monitoring data from
permanent and enforceable reductions
certain conformity requirements for the 3-year period of 2003–2005
in emissions resulting from
certain types of federal actions. The indicates that the Reading Area has a
implementation of the applicable SIP
Court upheld EPA’s authority to revoke design value of 0.080 ppm. Therefore,
and applicable Federal air pollutant
the 1-hour standard provided there were the ambient ozone data for the Reading
control regulations and other permanent
adequate anti-backsliding provisions. Area indicates no violations of the 8-
Elsewhere in this document, mainly in hour ozone standard. and enforceable reductions;
section VI. B. ‘‘The Reading Area Has (4) EPA has fully approved a
B. The Reading Area maintenance plan for the area as
Met All Applicable Requirements under
Section 110 and Part D of the CAA and The Reading Area consists solely of meeting the requirements of section
Has a Fully Approved SIP Under Berks County, Pennsylvania and was 175A; and
Section 110(k) of the CAA,’’ EPA designated as basic 8-hour ozone (5) The State containing such area has
discusses its rationale why the decision nonattainment status in an April 30, met all requirements applicable to the
in South Coast is not an impediment to 2004 Final Rule (69 FR 23857). Prior to area under section 110 and Part D.
redesignating the Reading Area to its designation as an 8-hour basic ozone EPA provided guidance on
attainment of the 8-hour ozone NAAQS. nonattainment area, the Reading Area redesignation in the General Preamble
The CAA, Title I, Part D, contains two was designated an incomplete data for the Implementation of Title I of the
sets of provisions—subpart 1 and nonattainment area for the 1-hour CAA Amendments of 1990, on April 16,
subpart 2—that address planning and standard. See 56 FR 56694 at 56822, 1992 (57 FR 13498), and supplemented
control requirements for nonattainment November 6, 1991. Prior to its this guidance on April 28, 1992 (57 FR
areas. Subpart 1 (which EPA refers to as designation as an 8-hour ozone 18070). EPA has provided further
‘‘basic’’ nonattainment) contains nonattainment area, the Reading Area guidance on processing redesignation
general, less prescriptive requirements had been designated and classified as a requests in the following documents:
for nonattainment areas for any moderate ozone nonattainment area for • ‘‘Ozone and Carbon Monoxide
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pollutant—including ozone—governed the 1-hour standard. See 56 FR 56694 at Design Value Calculations’’,
by a NAAQS. Subpart 2 (which EPA 56822, November 6, 1991. On May 7, Memorandum from Bill Laxton, June 18,
refers to as ‘‘classified’’ nonattainment) 1997 (62 FR 24826), EPA approved a 1990;
provides more specific requirements for request to redesignate the Reading area • ‘‘Maintenance Plans for
ozone nonattainment areas. Some 8- to attainment of the 1-hour ozone Redesignation of Ozone and Carbon
hour ozone nonattainment areas are standard and approved a maintenance Monoxide Nonattainment Areas,’’
subject only to the provisions of subpart plan SIP revision. Memorandum from G. T. Helms, Chief,

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29904 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Proposed Rules

Ozone/Carbon Monoxide Programs standard and has met the requirements years of quality-assured air quality
Branch, April 30, 1992; for redesignation set forth in section monitoring data. To attain this standard,
• ‘‘Contingency Measures for Ozone 107(d)(3)(E). the design value, which is the 3-year
and Carbon Monoxide (CO) average of the fourth-highest daily
V. What Would Be the Effect of These
Redesignations,’’ Memorandum from G. maximum 8-hour average ozone
T. Helms, Chief, Ozone/Carbon concentrations, measured at each
Monoxide Programs Branch, June 1, Approval of the redesignation request monitor within the area over each year
1992; would change the designation of the must not exceed the ozone standard of
• ‘‘Procedures for Processing Reading Area from nonattainment to 0.08 ppm. Based on the rounding
Requests to Redesignate Areas to attainment for the 8-hour ozone NAAQS convention described in 40 CFR part 50,
Attainment,’’ Memorandum from John found at 40 CFR part 81. It would also Appendix I, the standard is attained if
Calcagni, Director, Air Quality incorporate into the Pennsylvania SIP a the design value is 0.084 ppm or below.
Management Division, September 4, 2002 base year inventory and a The data must be collected and quality-
1992; maintenance plan ensuring continued assured in accordance with 40 CFR part
• ‘‘State Implementation Plan (SIP) attainment of the 8-hour ozone NAAQS 58, and recorded in EPA’s Air Quality
Actions Submitted in Response to Clean in the Reading Area for the next 10 System (AQS). PADEP uses the AQS as
Air Act (Act) Deadlines,’’ Memorandum years. The maintenance plan includes the permanent database to maintain its
from John Calcagni Director, Air Quality contingency measures to remedy any data and quality assures the data
Management Division, October 28, 1992; future violations of the 8-hour NAAQS transfers and content for accuracy. The
• ‘‘Technical Support Documents (should they occur), and identifies the monitors generally should have
(TSD’s) for Redesignation Ozone and MVEBs for NOX and VOC for remained at the same location for the
Carbon Monoxide (CO) Nonattainment transportation conformity purposes for duration of the monitoring period
Areas,’’ Memorandum from G.T. Helms, the years 2004, 2009 and 2018. These required for demonstrating attainment.
Chief, Ozone/Carbon Monoxide motor vehicle emissions (2004) and The fourth-high 8-hour daily maximum
Programs Branch, August 17, 1993; MVEBs (2009 and 2018) are displayed concentrations, along with the three-
• ‘‘State Implementation Plan (SIP) in the following table: year average, are summarized in Table
Requirements for Areas Submitting 2A.
Requests for Redesignation to TABLE 1.—MOTOR VEHICLE EMISSIONS
Monoxide (CO) National Ambient Air [Rounded to one decimal place]
Quality Standards (NAAQS) On or After
November 15, 1992,’’ Memorandum OZONE VALUES; UGI CO
from Michael H. Shapiro, Acting MONGANTOWN RD AND PROSPECT
Assistant Administrator for Air and 2009 .......................... 13.1 21.3 ST READING BERKS CO, AQS ID
Radiation, September 17, 1993 2018 .......................... 7.5 9.0 42–011–0009
• Memorandum from D. Kent Berry,
Acting Director, Air Quality VI. What Is EPA’s Analysis of the Annual 4th
Management Division, to Air Division State’s Request and SIP Revision? Year high reading
Directors, Regions 1–10, ‘‘Use of Actual EPA is proposing to determine that
Emissions in Maintenance Reading Area has attained the 8-hour 2003 ...................................... 0.080
Demonstrations for Ozone and CO ozone standard and that all other 2004 ...................................... 0.076
Nonattainment Areas,’’ dated November redesignation criteria have been met. 2005 ...................................... 0.085
30, 1993; The following is a description of how
• ‘‘Part D New Source Review (Part D PADEP’s January 25, 2007, submittal The average for the 3-year period 2003
NSR) Requirements for Areas through 2005 is 0.080 ppm.
satisfies the requirements of section
Requesting Redesignation to 107(d)(3)(E) of the CAA.
Attainment,’’ Memorandum from Mary The air quality data for 2003–2005
D. Nichols, Assistant Administrator for A. The Reading Area Has Attained the show that the Reading Area has attained
Air and Radiation, October 14, 1994; Ozone NAAQS the standard with a design value of
and In the Reading Area, there is one 0.080 ppm. The data collected at the
• ‘‘Reasonable Further Progress, monitor that measures air quality with Reading Area monitor satisfies the CAA
Attainment Demonstration, and Related respect to ozone. As part of its requirement that the 3-year average of
Requirements for Ozone Nonattainment redesignation request, Pennsylvania the annual fourth-highest daily
Areas Meeting the Ozone National submitted ozone monitoring data for the maximum 8-hour average ozone
Ambient Air Quality Standard,’’ years 2003–2005 (the most recent three concentration is less than or equal to
Memorandum from John S. Seitz, years of data available as of the time of 0.08 ppm. PADEP’s request for
Director, Office of Air Quality Planning the redesignation request) for the redesignation for the Reading Area
and Standards, May 10, 1995. Reading Area. This data has been indicates that the data was quality
quality assured and is recorded in AQS. assured in accordance with 40 CFR part
IV. Why Is EPA Taking These Actions? Based upon this data, EPA is 58. In addition, as discussed below with
On January 25, 2007, PADEP proposing to determine that the Reading respect to the maintenance plan, PADEP
requested redesignation of the Reading Area has attained the 8-hour ozone has committed to continue monitoring
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Area to attainment for the 8-hour ozone NAAQS. For the 8-hour ozone standard, in accordance with 40 CFR part 58. EPA
standard. On January 25, 2007, PADEP an area may be considered to be believes this conclusion remains valid
submitted a maintenance plan for the attaining the 8-hour ozone NAAQS if that after review of the quality assured
Reading Area as a SIP revision to assure there are no violations, as determined in 2006 data because the design value for
continued attainment at least 10 years accordance with 40 CFR 50.10 and 2004–2006 would be 0.079 ppm. In
after redesignation. EPA has determined Appendix I of part 50, based on three summary, EPA has determined that the
that the Reading Area has attained the complete and consecutive calendar data submitted by Pennsylvania and

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taken from AQS indicates that Reading B. The Reading Area Has Met All EPA believes that the Court’s decision,
Area has attained the 8-hour ozone Applicable Requirements Under Section as it currently stands or as it may be
NAAQS. 110 and Part D of the CAA and Has a modified based upon any petition for
Based upon the ozone monitoring Fully Approved SIP Under Section rehearing that has been filed, imposes
110(k) of the CAA no impediment to moving forward with
data for the years 2003–2005, EPA
EPA has determined that the Reading redesignation of this area to attainment,
believes that the Reading Area is still in
Area has met all SIP requirements because in either circumstance
attainment for the 1-hour ozone redesignation is appropriate under the
NAAQS. For the 1-hour ozone standard, applicable for purposes of this
redesignation under section 110 of the relevant redesignation provisions of the
an area may be considered to be Act and longstanding policies regarding
attaining the 1-hour ozone NAAQS if CAA (General SIP Requirements) and
that it meets all applicable SIP redesignation requests.
there are no violations, as determined in
accordance with 40 CFR 50.9 and requirements under Part D of Title I of 1. Section 110 General SIP
Appendix H of part 50, based on three the CAA, in accordance with section Requirements
107(d)(3)(E)(v). In addition, EPA has Section 110(a)(2) of Title I of the CAA
complete and consecutive calendar
determined that the SIP is fully delineates the general requirements for
years of quality-assured air quality
approved with respect to all a SIP, which include enforceable
monitoring data. Compliance is
requirements applicable for purposes of emissions limitations and other control
determined on a monitor-by-monitor redesignation in accordance with
basis within the area. To demonstrate measures, means, or techniques,
section 107(d)(3)(E)(ii). In making these provisions for the establishment and
attainment, i.e., compliance with this proposed determinations, EPA
standard, the annual average of the operation of appropriate devices
ascertained what requirements are necessary to collect data on ambient air
number of expected exceedances of the applicable to the area, and determined
1-hour standard over a 3-year period quality, and programs to enforce the
that the applicable portions of the SIP limitations. The general SIP elements
must be less than or equal to 1. (To meeting these requirements are fully
account for missing data, adjustment of and requirements set forth in section
approved under section 110(k) of the 110(a)(2) include, but are not limited to,
the actual number of monitored CAA. We note that SIPs must be fully the following:
exceedances of the standard yields the approved only with respect to • Submittal of a SIP that has been
annual expected number of exceedances applicable requirements. adopted by the State after reasonable
at an air quality monitoring site.) Table The September 4, 1992 Calcagni public notice and hearing;
2B provides a summary of the number memorandum (‘‘Procedures for • Provisions for establishment and
of expected exceedances for each of the Processing Requests to Redesignate operation of appropriate procedures
years 2003 through 2005 and three-year Areas to Attainment,’’ Memorandum needed to monitor ambient air quality;
annual average. from John Calcagni, Director, Air • Implementation of a source permit
Quality Management Division, program; provisions for the
TABLE 2B.—READING NONATTAINMENT September 4, 1992) describes EPA’s implementation of Part C requirement
AREA NUMBER OF EXPECTED interpretation of section 107(d)(3)(E) (Prevention of Significant Deterioration
with respect to the timing of applicable (PSD));
EXCEEDANCES OF THE 1-HOUR requirements. Under this interpretation, • Provisions for the implementation
OZONE STANDARD; UGI CO to qualify for redesignation, States of Part D requirements for New Source
MONGANTOWN RD AND PROSPECT requesting redesignation to attainment Review (NSR) permit programs;
ST READING BERKS CO, AQS ID must meet only the relevant CAA • Provisions for air pollution
42–011–0009 requirements that come due prior to the modeling; and
submittal of a complete redesignation • Provisions for public and local
Number of request. See also Michael Shapiro agency participation in planning and
Year expected memorandum, September 17, 1993, and emission control rule development.
60 FR 12459, 12465–66, (March 7, 1995) Section 110(a)(2)(D) requires that SIPs
2003 ...................................... 1.0 (redesignation of Detroit-Ann Arbor). contain certain measures to prevent
2004 ...................................... 0.0 Applicable requirements of the CAA sources in a State from significantly
2005 ...................................... 0.0 that come due subsequent to the area’s contributing to air quality problems in
submittal of a complete redesignation another State. To implement this
The average number of expected request remain applicable until a provision, EPA has required certain
exceedances for the 3-year period 2003 redesignation is approved, but are not States to establish programs to address
through 2005 is 0.3. required as a prerequisite to transport of air pollutants in accordance
redesignation. Section 175A(c) of the with the NOX SIP Call, October 27, 1998
In summary, EPA has determined that CAA. Sierra Club v. EPA, 375 F.3d 537 (63 FR 57356), amendments to the NOX
the data submitted by Pennsylvania and (7th Cir. 2004). See also 68 FR 25424, SIP Call, May 14, 1999 (64 FR 26298)
taken from AQS indicates that Reading 25427 (May 12, 2003) (redesignation of and March 2, 2000 (65 FR 11222), and
Area is maintaining air quality that St. Louis). the Clean Air Interstate Rule (CAIR),
conforms to the 1-hour ozone NAAQS. This section also sets forth EPA’s May 12, 2005 (70 FR 25162). However,
EPA believes this conclusion remains views on the potential effect of the the section 110(a)(2)(D) requirements for
Court’s ruling in South Coast on this a State are not linked with a particular
hsrobinson on PROD1PC76 with PROPOSALS-1

valid after review of the quality assured

redesignation action. For the reasons set nonattainment area’s designation and
2006 data because no exceedances were
forth below, EPA does not believe that classification in that State. EPA believes
recorded in the Reading Area in 2006. the Court’s ruling alters any that the requirements linked with a
requirements relevant to this particular nonattainment area’s
redesignation action so as to preclude designation and classifications are the
redesignation, and does not prevent relevant measures to evaluate in
EPA from finalizing this redesignation. reviewing a redesignation request. The

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transport SIP submittal requirements, 2. Part D Nonattainment Area Sierra Club v. EPA, 375 F.3d 537 (7th
where applicable, continue to apply to Requirements Under the 8-Hour Cir. 2004), which upheld this
a State regardless of the designation of Standard interpretation; 68 FR 25418, at 25424,
any one particular area in the State. Sections 172–176 of the CAA, found 25427 (May 12, 2003) (redesignation of
Thus, we do not believe that these in subpart 1 of Part D, set forth the basic St. Louis).
requirements should be construed to be Moreover, it would be inequitable to
nonattainment requirements for all
applicable requirements for purposes of retroactively apply any new SIP
nonattainment areas. Section 182 of the
redesignation. In addition, EPA believes requirements that were not applicable at
CAA, found in subpart 2 of Part D,
that the other section 110 elements not the time the request was submitted. The
establishes additional specific
connected with nonattainment plan D.C. Circuit has recognized the inequity
requirements depending on the area’s
submissions and not linked with an in such retroactive rulemaking, see
nonattainment classification.
area’s attainment status are not Sierra Club v. Whitman, 285 F. 3d 63
Under an April 30, 2004, final rule (69
applicable requirements for purposes of (D.C. Cir. 2002), in which the D.C.
FR 23951), EPA classified the Reading
redesignation. The Reading Area will Circuit upheld a District Court’s ruling
Area as a subpart 1 nonattainment area
still be subject to these requirements refusing to make retroactive an EPA
under the 8-hour ozone standard. EPA
after it is redesignated. The section 110 determination of nonattainment that
believes that no subpart 1 requirements
and Part D requirements, which are was past the statutory due date. Such a
need to be approved prior to
linked with a particular area’s determination would have resulted in
redesignation. Of the nonattainment the imposition of additional
designation and classification, are the plan provisions due under section 172, requirements on the area. The Court
relevant measures to evaluate in none were due prior to redesignation stated: ‘‘Although EPA failed to make
reviewing a redesignation request. This because EPA’s November 29, 2005 final the nonattainment determination within
policy is consistent with EPA’s existing rule (70 FR 71612) set the deadline for the statutory time frame, Sierra Club’s
policy on applicability of conformity these requirements at 3 years after proposed solution only makes the
(i.e., for redesignations) and oxygenated resignation which for the Reading Area situation worse. Retroactive relief would
fuels requirement. See Reading, is June 15, 2007. likely impose large costs on the States,
Pennsylvania, proposed and final With respect to the 8-hour standard, which would face fines and suits for not
rulemakings, (61 FR 53174–53176, the Court’s ruling in South Coast implementing air pollution prevention
October 10, 1996), (62 FR 24816, May 7, rejected EPA’s reasons for classifying plans in 1997, even though they were
1997); Cleveland-Akron-Lorain, Ohio, areas under Subpart 1 for the 8-hour not on notice at the time.’’ Id. at 68.
final rulemaking (61 FR 20458, May 7, standard, and remanded that matter to Similarly here it would be unfair to
1996); and Tampa, Florida, final the Agency. Consequently, it is possible penalize the area by applying to it for
rulemaking (60 FR 62748, December 7, that this area could, during a remand to purposes of redesignation additional SIP
1995). See also the discussion on this EPA, be reclassified under Subpart 2. requirements under Subpart 2 that were
issue in the Cincinnati redesignation (65 Although any future decision by EPA to not in effect at the time it submitted its
FR at 37890, June 19, 2000), and in the classify this area under subpart 2 might redesignation request.
Pittsburgh redesignation (66 FR at trigger additional future requirements With respect to subpart 2
50399, October 19, 2001). Similarly, for the area, EPA believes that this does requirements, if the Reading Area
with respect to the NOX SIP Call rules, not mean that redesignation cannot now initially had been classified under
EPA noted in its Phase 1 Final Rule to go forward. This belief is based upon (1) subpart the first two part D subpart 2
Implement the 8-hour Ozone NAAQS, EPA’s longstanding policy of evaluating requirements applicable to the Reading
that the NOX SIP Call rules are not ‘‘an requirements in accordance with the Area under section 182(a) of the CAA
‘applicable requirement’ for purposes of requirements due at the time the request would be: (1) A base-year inventory
section 110(l) because the NOX rules is submitted; and (2) consideration of requirement pursuant to section
apply regardless of an area’s attainment the inequity of applying retroactively 182(a)(1) of the CAA, and, (2) the
or nonattainment status for the 8-hour any requirements that might in the emissions statement requirement
(or the 1-hour) NAAQS.’’ 69 FR 23951, future be applied. pursuant to section 182(a)(3)(B) of the
23983 (April 30, 2004). First, at the time the redesignation CAA.
request was submitted, the Reading As we have stated previously in this
EPA believes that section 110 Area was classified under Subpart 1 and document, these requirements are not
elements not linked to the area’s was obligated to meet Subpart 1 yet due for purpose of redesignation of
nonattainment status are not applicable requirements. Under EPA’s the Reading Area, but nevertheless,
for purposes of redesignation. Any longstanding interpretation of section Pennsylvania already has in its
section 110 requirements that are linked 107(d)(3)(E) of the Clean Air Act, to approved SIP an emissions statement
to the Part D requirements for 8-hour qualify for redesignation, states rule for the 1-hour standard which
ozone nonattainment areas are not yet requesting redesignation to attainment covers all portions of the Reading Area
due, because, as we explain later in this must meet only the relevant SIP and which EPA believes satisfies the
notice, no Part D requirements requirements that came due prior to the emissions statement requirement for the
applicable for purposes of redesignation submittal of a complete redesignation 8-hour standard under section
under the 8-hour standard became due request. See September 4, 1992 Calcagni 182(a)(3)(B). This regulation is codified
prior to submission of the redesignation memorandum (‘‘Procedures for at Section 135.21 ‘‘Emission statements’’
request. Processing Requests to Redesignate in Chapter 135 of 40 CFR 52.2020(c)(1);
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Because the Pennsylvania SIP satisfies Areas to Attainment,’’ Memorandum see also 60 FR 2881, January 12, 1995.
all of the applicable general SIP from John Calcagni, Director, Air With respect to the base year inventory
elements and requirements set forth in Quality Management Division). See requirement, in this notice of proposed
section 110(a)(2), EPA concludes that also, Michael Shapiro Memorandum, rulemaking, EPA is proposing to
Pennsylvania has satisfied the criterion September 17, 1993, and 60 FR 12459, approve the 2002 base year inventory
of section 107(d)(3)(E) regarding section 12465–66 (March 7, 1995) SIP concurrently with the maintenance
110 of the Act. (Redesignation of Detroit-Ann Arbor); plan as fulfilling the requirements, if

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necessary, of both section 182(a)(1) and 23, 2001); Grand Rapids, Michigan (61 requirement to submit a transportation
section 172(c)(3) of the CAA. FR at 31831, 31834–37, June 21, 1996). conformity SIP.1 As we have previously
With respect to the 8-hour standard, In the case of the Reading Area, the stated in this document, EPA believes
EPA proposes to determine that Chapter 127 Part D NSR regulations in that it is reasonable to interpret the
Pennsylvania’s SIP meets all applicable the Pennsylvania SIP (codified at 40 conformity SIP requirements as not
SIP requirements under Part D of the CFR 52.2020(c)(1)) explicitly apply the applying for purposes of evaluating a
CAA. In addition to the fact that Part D requirements for NSR in section 184 of redesignation request under section
requirements applicable for purposes of the CAA to ozone attainment areas 107(d) because state conformity rules
redesignation did not become due prior within the OTR. The OTR NSR are still required after redesignation and
to submission of the redesignation requirements are more stringent than federal conformity rules apply where
request, EPA believes it is reasonable to that required for a subpart 1/basic 8- state rules have not been approved. See
interpret the general conformity and hour ozone nonattainment area. On 40 CFR 51.390. See Wall v. EPA, 265
NSR requirements as not requiring October 19, 2001 (66 FR 53094), EPA F.3d 426 (6th Cir. 2001), upholding this
approval prior to redesignation. fully approved Pennsylvania’s NSR SIP interpretation. See also 60 FR 62748
With respect to section 176, revision consisting of Pennsylvania’s (December 7, 1995) (Tampa, FL
Conformity Requirements, section Chapter 127 Part D NSR regulations that redesignation).
176(c) of the CAA requires States to cover the Reading Area. Second, with respect to the three
establish criteria and procedures to EPA has also interpreted the section other anti-backsliding provisions for the
ensure that Federally supported or 184 OTR requirements, including the
1-hour standard that the Court found
funded projects conform to the air NSR program, as not being applicable
were not properly retained, the Reading
quality planning goals in the applicable for purposes of redesignation. The
Area is an attainment area subject to a
SIP. The requirement to determine rational for this is based on two factors.
conformity applies to transportation maintenance plan for the 1-hour
First, the requirement to submit SIP
plans, programs, and projects standard, and the NSR, contingency
revisions for the section 184
developed, funded or approved under measure (pursuant to section 172(c)(9)
requirements continues to apply to areas
Title 23 U.S.C. and the Federal Transit or 182(c)(9)), and fee provision
in the OTR after redesignation to
Act (‘‘transportation conformity’’) as requirements no longer apply to an area
attainment. Therefore, the State remains
well as to all other Federally supported that has been redesignated to attainment
obligated to have NSR, as well as RACT,
or funded projects (‘‘general of the 1-hour standard.
even after redesignation. Second, the
conformity’’). State conformity revisions section 184 control measures are region- Thus the decision in South Coast
must be consistent with Federal wide requirements and do not apply to should not alter any requirements that
conformity regulations relating to the Reading Area by virtue of the area’s would preclude EPA from finalizing the
consultation, enforcement and designation and classification. Rather, redesignation of this area.
enforceability that the CAA required section 184 measures are required in the 4. Transport Region Requirements
EPA to promulgate. EPA believes it is Reading Area because it is located in the
reasonable to interpret the conformity OTR. See 61 FR 53174, 53175–53176 All areas in the Ozone Transport
SIP requirements as not applying for (October 10, 1996) and 62 FR 24826, Region (OTR), both attainment and
purposes of evaluating the redesignation 24830–32 (May 7, 1997). nonattainment, are subject to additional
request under section 107(d) since State control requirements under section 184
conformity rules are still required after 3. Part D Nonattainment Area
for the purpose of reducing interstate
redesignation and Federal conformity Requirements Under the 1-Hour
transport of emissions that may
rules apply where State rules have not Standard
contribute to downwind ozone
been approved. See Wall v. EPA, 265 F. As stated previously in this nonattainment. The section 184
3d 426, 438–440 (6th Cir. 2001), document, on May 7, 1997 (62 FR requirements include reasonably
upholding this interpretation. See also 24826), EPA approved a request to available control technology (RACT),
60 FR 62748 (December 7, 1995). redesignate the Reading Area to NSR, enhanced vehicle inspection and
In the case of the Reading Area, EPA attainment of the 1-hour ozone standard maintenance, and Stage II vapor
has also determined that before being and approved a maintenance plan SIP recovery or a comparable measure. In
redesignated, the Reading Area need not revision. In order to redesignate the area the case of the Reading Area, which is
comply with the requirement that a NSR to attainment of the 1-hour ozone located in the OTR, nonattainment NSR
program be approved prior to standard, EPA determined that will be applicable after redesignation.
redesignation. EPA has determined that Pennsylvania had fulfilled all Part D On October 19, 2001 (66 FR 53094), EPA
areas being redesignated need not requirements applicable to the Reading fully approved Pennsylvania’s NSR SIP
comply with the requirement that a NSR Area as a consequence of its revision consisting of Pennsylvania’s
program be approved prior to classification as a moderate ozone Chapter 127 Part D NSR regulations that
redesignation, provided that the area nonattainment. See Reading final (62 FR cover the Reading Area. The Chapter
demonstrates maintenance of the 24826, May 7, 1997) and proposed rules 127 Part D NSR regulations in the
standard without Part D NSR in effect. (61 FR 53174, October 10, 1996). Pennsylvania SIP explicitly apply the
The rationale for this position is With respect to the requirements requirements for NSR of section 184 of
described in a memorandum from Mary under the 1-hour standard, the Reading the CAA to attainment areas within the
Nichols, Assistant Administrator for Air Area was an attainment area subject to OTR.
and Radiation, dated October 14, 1994, a Clean Air Act section 175A
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entitled, ‘‘Part D NSR Requirements or maintenance plan under the 1-hour 1 Clean Air Act section 176(c)(4)(E) currently
Areas Requesting Redesignation to standard. The Court’s ruling in South requires States to submit revisions to their SIPs to
Attainment.’’ See rulemakings for Coast does not impact redesignation reflect certain federal criteria and procedures for
Detroit, Michigan (60 FR at 12467–68); requests for these types of areas. determining transportation conformity.
Transportation conformity SIPs are different from
Cleveland-Akron-Lorrain, Ohio (61 FR First, there are no conformity the motor vehicle emissions budgets that are
at 20458, 20469–70); Louisville, requirements that are relevant for established in control strategy SIPs and
Kentucky (66 FR 53665, 53669 October redesignation requests, including the maintenance plans.

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EPA has also interpreted the section redesignation. EPA may rely on prior with Part D nonattainment plan
184 OTR requirements, including NSR, SIP approvals in approving a submissions and not linked to the area’s
as not being applicable for purposes of redesignation request. Calcagni Memo, nonattainment status are not applicable
redesignation. See 61 FR 53174, October p. 3; Southwestern Pennsylvania Growth requirements for purposes of
10, 1996 and 62 FR 24826, May 7, 1997 Alliance v. Browner, 144 F. 3d 984, 989– redesignation. EPA also believes that
(Reading, Pennsylvania Redesignation). 90 (6th Cir. 1998), Wall v. EPA, 265 F.3d Pennsylvania has fulfilled all 8-hour
The rationale for this is based on two 426 (6th Cir. 2001), plus any additional Part D requirements applicable for
considerations. First, the requirement to measures it may approve in conjunction purposes of redesignation.
submit SIP revisions for the section 184 with a redesignation action. See 68 FR
requirements continues to apply to areas at 25425 (May 12, 2003) and citations C. The Air Quality Improvement in the
in the OTR after redesignation to therein. The Reading Area was a 1-hour Reading Area Is Due to Permanent and
attainment. Therefore, the State remains maintenance area which had been a Enforceable Reductions in Emissions
obligated to have NSR, as well as RACT, moderate nonattainment area at the time Resulting From Implementation of the
and I/M even after redesignation. SIP and Applicable Federal Air
of its designation as a basic 8-hour
Second, the section 184 control Pollution Control Regulations and Other
ozone nonattainment area on April 30,
measures are region-wide requirements Permanent and Enforceable Reductions
2004 (69 FR 23857). No Part D submittal
and do not apply to the area by virtue
of the area’s nonattainment designation requirements have come due prior to the EPA believes that the Commonwealth
and classification, and thus are properly submittal of the 8-hour maintenance
has demonstrated that the observed air
considered not relevant to an action plan for the area. Therefore, all Part D
quality improvement in the Reading
changing an area’s designation. See 61 submittal requirements have been
Area is due to permanent and
FR 53174 at 53175–53176 (October 10, fulfilled. Because there are no
enforceable reductions in emissions
1996) and 62 FR 24826 at 24830–24832 outstanding SIP submission
resulting from implementation of the
(May 7, 1997). requirements applicable for the
SIP, Federal measures, and other State-
purposes of redesignation of the
5. The Reading Area Has a Fully Reading Area, the applicable adopted measures. Emissions reductions
Approved SIP for the Purposes of implementation plan satisfies all attributable to these rules are shown in
Redesignation pertinent SIP requirements. As Table 3.
EPA has fully approved the indicated previously, EPA believes that
Pennsylvania SIP for the purposes of the section 110 elements not connected

Year Point Area Nonroad Mobile Total

Volatile Organic Compounds (VOC)

Year 2002 .................................................................................................................... 4.7 21.8 8.4 20.1 55.0

Year 2004 .................................................................................................................... 4.7 21.7 8.1 17.0 51.5
Diff. (02–04) ................................................................................................................. 0.0 0.1 0.3 3.1 3.5

Nitrogen Oxides (NOX)

Year 2002 .................................................................................................................... 14.5 2.1 10.9 34.1 61.6

Year 2004 .................................................................................................................... 16.0 2.1 10.3 29.8 58.2
Difference (02–04) ....................................................................................................... ¥1.5 0.0 0.6 4.3 3.4

Between 2002 and 2004, VOC 1999) fulfill section 175A(a) requirement for
emissions were reduced by 3.5 tpd, and (d) Vehicle Safety Inspection Program the 8-hour standard as well as the
NOX emissions were reduced by 3.3 tpd, (70 FR 58313, October 6, 2005) section 175A(b) requirement for a 1-
due to the following permanent and (3) Nonroad Sources—Federal Nonroad hour maintenance plan. Pennsylvania
enforceable measures implemented in Engine and Fuels (40 CFR parts 89 to submitted this SIP revision to provide
the Reading Area: 91, and 1039, 1048 and 1051) for maintenance of the 8-hour ozone
(1) Stationary Area Sources EPA believes that permanent and NAAQS in the Reading Area for at least
(a) Solvent Cleaning (68 FR 2206, enforceable emissions reductions are the 10 years after redesignation and for
January 16, 2003) cause of the long-term improvement in continued maintenance of the 1-hour
(b) Portable Fuel Containers (69 FR ozone levels and are the cause of the NAAQS until 2018 which is a total of
70893, December 8, 2004) area achieving attainment of the 8-hour 21 years after the area was redesignated
(2) Highway Vehicle Sources ozone standard. to attainment of the 1-hour NAAQS.
(a) Federal Motor Vehicle Control Once approved, the maintenance plan
Program (FMVCP), Tier 1 (56 FR D. The Reading Area Has a Fully
Approved Maintenance Plan Pursuant for the ozone NAAQS will ensure that
25724, June 5, 1991) and Tier 2 (65
hsrobinson on PROD1PC76 with PROPOSALS-1

to Section 175A of the CAA the SIP for the Reading Area meets the
FR 6698, February 10, 2000)
(b) Federal Heavy Duty Engines and In conjunction with its request to requirements of the CAA regarding
Vehicles Standards (62 FR 54694, redesignate the Reading Area to maintenance of the applicable ozone
October 21, 1997 and 65 FR 59896, attainment of the 8-hour ozone NAAQS, standards including the 8-hour
October 6, 2000) Pennsylvania submitted for approval standard.
(c) National Low Emission Vehicle under section 175A of the CAA the
(NLEV) (64 FR 72564, December 28, January 25, 2007, maintenance plan to

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1. What is required in a maintenance attainment of both the 1-hour and 8- nonroad emission source categories
plan? hour ozone NAAQS. were estimated using the EPA
Section 175A of the CAA sets forth PADEP prepared comprehensive VOC NONROAD 2005 model. The
the elements of a maintenance plan for and NOX emissions inventories for the NONROAD model estimates emissions
areas seeking redesignation from Reading Area, including point, area, for diesel, gasoline, liquefied petroleum
nonattainment to attainment. Under mobile on-road, and mobile non-road gasoline, and compressed natural gas-
section 175A(a), the plan must sources for a base year of 2002. fueled nonroad equipment types and
demonstrate continued attainment of To develop the NOX and VOC base includes growth factors. The NONROAD
the applicable NAAQS for at least 10 year emissions inventories, PADEP used model does not estimate emissions from
years after approval of a redesignation of the following approaches and sources of aircraft or locomotives. For 2002
an area to attainment. Section 175A(b) data: locomotive emissions, PADEP projected
requires that eight years after the (i) Point source emissions— emissions from a 1999 survey using
redesignation the State must submit a Pennsylvania requires owners and national fuel information and EPA
revised maintenance plan operators of larger facilities to submit emission and conversion factors. There
demonstrating that attainment will annual production figures and emission are no commercial aircraft operations in
continue to be maintained for the next calculations each year. Throughput data the Reading Area. For 2002 aircraft
10-year period following the initial 10- are multiplied by emission factors from emissions, PADEP estimated emissions
year period. That is, the maintenance Factor Information Retrieval (FIRE) Data using small aircraft operation statistics
demonstration under section 175A(b) System and EPA’s publication series from, and
must ensure maintenance for a total of AP–42 and are based on Source emission factors and operational
20 years after redesignation to Classification Code (SCC). Each process characteristics in the EPA-approved
attainment. For the Reading Area the has at least one SCC assigned to it. If the model, Emissions and Dispersion
total demonstrated period of owners and operators of facilities Modeling System (EDMS).
maintenance for the 1-hour NAAQS provide more accurate emission data The 2004 attainment year VOC and
under section 175A(b) would be until based upon other factors, these emission NOX emissions for the Reading Area are
2017 which is 20 years after the area’s estimates supersede those calculated summarized along with the 2009 and
redesignation to attainment in 1997. To using SCC codes. 2018 projected emissions for this area in
address the possibility of future NAAQS (ii) Area source emissions—Area Tables 4 and 5, which cover the
violations, the maintenance plan must source emissions are generally demonstration of maintenance for this
contain such contingency measures, estimated by multiplying an emission area. EPA has concluded that
with a schedule for implementation, as factor by some known indicator or Pennsylvania has adequately derived
EPA deems necessary to assure prompt collective activity for each area source and documented the 2004 attainment
correction of any future 8-hour ozone category at the county level. year VOC and NOX emissions for this
violations. Section 175A of the CAA sets Pennsylvania estimates emissions from area.
forth the elements of a maintenance area sources using emission factors and
SCC codes in a method similar to that (b) Maintenance Demonstration—On
plan for areas seeking redesignation January 25, 2007, PADEP submitted a
from nonattainment to attainment. The used for stationary point sources.
Emission factors may also be derived SIP revision to supplement its January
Calcagni memorandum dated September 25, 2007, redesignation request. The
4, 1992, provides additional guidance from research and guidance documents
if those documents are more accurate submittal by PADEP consists of the
on the content of a maintenance plan. maintenance plan as required by section
An ozone maintenance plan should than FIRE and AP–42 factors.
Throughput estimates are derived from 175A of the CAA. The Reading Area
address the following provisions: plan shows maintenance of the 8-hour
(1) An attainment emissions county-level activity data, by
apportioning national and statewide and 1-hour ozone NAAQS by
inventory; demonstrating that current and future
(2) A maintenance demonstration; activity data to counties, from census
numbers, and from county employee emissions of VOC and NOX remain at or
(3) A monitoring network;
numbers. County employee numbers are below the attainment year 2004
(4) Verification of continued
based upon North American Industry emissions levels throughout the Reading
attainment; and
Classification System (NAICS) codes to Area through the year 2018. The
(5) A contingency plan.
establish that those numbers are specific Reading Area maintenance
2. Analysis of the Reading Area to the industry covered. demonstration need not be based on
Maintenance Plan (iii) On-road mobile sources—PADEP modeling. See Wall v. EPA, supra;
a. Attainment Inventory—An employs an emissions estimation Sierra Club v. EPA, supra. See also, 66
attainment inventory includes the methodology that uses current EPA- FR at 53099–53100; 68 FR at 25430–32.
emissions during the time period approved highway vehicle emission Tables 4 and 5 specify the VOC and
associated with the monitoring data model, MOBILE 6.2, to estimate NOX emissions for the Reading Area for
showing attainment. An attainment year highway vehicle emissions. The 2004, 2009, and 2018. PADEP chose
of 2004 was used for the Reading Area Reading Area highway vehicle 2009 as an interim year in the 10-year
since it is a reasonable year within the emissions in 2004 were estimated using maintenance demonstration period to
3-year attainment period of 2003–2005 MOBILE 6.2 and PENNDOT estimates of demonstrate that the VOC and NOX
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and accounts for reductions attributable vehicles miles traveled (VMT) by emissions are not projected to increase
to implementation of the CAA vehicle type and roadway type. above the 2004 attainment level during
requirements to date. These 2004 levels (iv) Mobile nonroad emissions—The the time of the 10-year maintenance
of emissions are representative of 2002 emissions for the majority of period.

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2004 VOC 2009 VOC 2018 VOC
Source category emissions emissions emissions

Mobile* ..................................................................................................................................................... 17.0 13.1 7.5

Nonroad ................................................................................................................................................... 8.1 6.7 5.6
Area ......................................................................................................................................................... 21.7 21.6 24.0
Point ......................................................................................................................................................... 4.7 3.4 4.3

Total .................................................................................................................................................. 51.5 44.8 41.4

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


2004 NOX 2009 NOX 2018 NOX
Source category emissions emissions emissions

Mobile* ..................................................................................................................................................... 29.8 21.3 9.0

Nonroad ................................................................................................................................................... 10.3 8.4 5.4
Area ......................................................................................................................................................... 2.1 2.2 2.3
Point ......................................................................................................................................................... 16.0 16.8 19.2

Total .................................................................................................................................................. 58.2 48.7 35.9

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

The following are permanent and implemented in the eastern portion of (c) Monitoring Network—There is
enforceable control measures to ensure the country in two phases (2009 and currently one monitor measuring ozone
emissions during the maintenance 2015) should reduce long range in the Reading Area. Pennsylvania will
period are equal to or less than the transport of ozone precursors, which continue to operate its current air
emissions in the attainment year: will have a beneficial effect on the air quality monitor in accordance with 40
(1) Pennsylvania’s Portable Fuel quality in the Reading Area. CFR part 58.
Containers (December 8, 2004, 69 FR Pennsylvania and other nearby states (d) Verification of Continued
70893); are required to adopt a regulation Attainment—The Commonwealth will
(2) Pennsylvania’s Consumer Products implementing the requirements of CAIR track the attainment status of the ozone
( December 8, 2004, 69 FR 70895); and or an equivalent program. On April 28, NAAQS in the Reading Area by
(3) Pennsylvania’s Architectural and 2006 (71 FR 25328), EPA promulgated reviewing air quality and emissions
Industrial Maintenance (AIM) Coatings Federal Implementation Plans (FIPs) to during the maintenance period. The
(November 23, 2004, 69 FR 68080). reduce the interstate transport of NOX Commonwealth will perform an annual
Additionally, the following mobile and sulfur dioxides that contribute evaluation of two key factors, VMT data
programs are either effective or due to significantly to nonattainment and and emissions reported from stationary
become effective and will further maintenance 8-hour ozone and PM2.5 sources, and compare them to the
contribute to the maintenance NAAQS. Because Pennsylvania will not assumptions about these factors used in
demonstration of the 8-hour ozone adopt its own CAIR requirements and the maintenance plan. The
NAAQS: obtain approval of the required SIP Commonwealth will also evaluate the
(1) FMVCP for passenger vehicles and revision by September 2006, the FIP periodic (every three years) emission
light-duty trucks and cleaner gasoline will become operative, imposing the inventories prepared under EPA’s
(2009 and 2018 fleet)—Tier 1 and Tier Federal program upon CAIR-affected Consolidated Emission Reporting
2; electric generating units in Regulation (40 CFR 51 Subpart A) to see
(2) NLEV Program, which includes Pennsylvania. Therefore, allowances for if the area exceed the attainment year
the Pennsylvania’s Clean Vehicle CAIR-related sources will be limited to inventory (2004) by more than 10
Program for passenger vehicles and no more than the allowances issued percent. Based on these evaluations, the
light-duty trucks (69 FR 72564, pursuant to the FIP but may purchase Commonwealth will consider whether
December 28, 1999); additional allowances under the cap- any further emission control measures
(3) Heavy duty diesel on-road (2004/ and-trade rule in the FIP. The Reading should be implemented.
2007) and low-sulfur on-road (2006) (66 Area has one source that is directly (e) The Maintenance Plan’s
FR 5002, January 18, 2001); and regulated by CAIR. For the maintenance Contingency Measures—The
(4) Non-road emissions standards demonstration, Pennsylvania did not contingency plan provisions are
(2008) and off-road diesel fuel (2007/ rely upon any reductions from CAIR at designed to promptly correct a violation
2010) (69 FR 38958, June 29, 2004). this facility. However, the quality of air of the NAAQS that occurs after
(5) Pennsylvania’s vehicle emission transported from upwind sources into redesignation. Section 175A of the CAA
inspection/maintenance program the county would be improved. requires that a maintenance plan
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(October 6, 2005, 70 FR 58313). Based upon the comparison of the include such contingency measures as
In addition to the permanent and projected emissions and the attainment EPA deems necessary to ensure that the
enforceable measures, the Clean Air year emissions along with the additional State will promptly correct a violation
Interstate Rule (CAIR), promulgated measures, EPA concludes that PADEP of the NAAQS that occurs after
May 12, 2005 (70 FR 25162) should has successfully demonstrated that the redesignation. The maintenance plan
have positive impacts on Pennsylvania’s 8-hour ozone standard should be should identify the events that would
air quality. CAIR, which will be maintained in the Reading Area. ‘‘trigger’’ the adoption and

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implementation of a contingency —Idling reduction technology for Class program may be able to provide
measure(s), the contingency measure(s) 2 yard locomotives. funding: For transportation projects,
that would be adopted and —Idling reduction technologies or the Federal Highway Administration,
implemented, and the schedule strategies for truck stops, warehouses as allocated to the Northern Tier Rural
indicating the time frame by which the and other freight-handling facilities. Planning Organization; for projects
state would adopt and implement the —Accelerated turnover of lawn and which will also have an energy
measure(s). garden equipment, especially efficient co-benefit, the Pennsylvania
The ability of the Reading Area to stay commercial equipment, including Energy Harvest program; for projects
in compliance with the 8-hour ozone promotion of electric equipment. which would be under taken by small
standard after redesignation depends —Additional promotion of alternative business and are pollution prevention
upon VOC and NOX emissions in the fuel (e.g., biodiesel) for home heating projects, the Small Business
area remaining at or below 2004 levels. and agricultural use. Advantage Grant and Small Business
The Commonwealth’s maintenance plan The following schedule applies to the Pollution Prevention Loan programs;
projects VOC and NOX emissions to implementation of the regulatory for projects which will involve
decrease and stay below 2004 levels contingency measures: alternative fuels for vehicles/refueling
through the year 2018. The —Within 1 month of the trigger, submit operations, the Alternative Fuel
Commonwealth’s maintenance plan request to begin regulatory Incentive Grant program; for projects
outlines the procedures for the adoption development process. involving diesel emissions, Federal
and implementation of contingency —Within 3 months of the trigger, review Energy Policy Act diesel reduction
measures to further reduce emissions of regulation by Air Quality Technical funds allocated to Pennsylvania or for
should a violation occur. Advisory Committee (AQTAC), which Pennsylvania or project
Contingency measures will be Citizens Advisory Council (CAC) and sponsors may apply under a
considered if for two consecutive years other advisory committees as competitive process.
the fourth highest eight-hour ozone appropriate. —Within 9 months of the trigger, enter
concentrations at the Reading Area —Within 6 months of the trigger, into agreements with implementing
monitor are above 84 ppb. If this trigger Environmental Quality Board (EQB) organizations if state loans or grants
point occurs, the Commonwealth will meeting/action. are involved. Quantify projected
evaluate whether additional local —Within 8 months of the trigger, emission benefits.
emission control measures should be publish in the Pennsylvania Bulletin —Within 12 months of the trigger,
implemented in order to prevent a for comment as proposed rulemaking. submit a revised SIP to EPA.
violation of the air quality standard. —Within 10 months of the trigger, —Within 12–24 months of the trigger,
PADEP will analyze the conditions public hearing takes place and implement strategies and projects.
leading to the excessive ozone levels comment period on proposed rule (f) Revisions to the 1-Hour
and evaluate what measures might be closes. Maintenance Plan.
most effective in correcting the —Within 11 months of the trigger, In addition to demonstrating
excessive ozone levels. PADEP will also House and Senate Standing continued maintenance until 2018, the
analyze the potential emissions effect of Committees and Independent January 25, 2007, maintenance plan also
Federal, state and local measure that Regulatory Review Commission amends the February 3, 1997,
have been adopted but not yet (IRRC) comment on proposed rule. maintenance plan in the approved SIP
implemented at the time excessive —Within 13 months of the trigger, at 40 CFR 52.2020(e)(1) for the Reading
ozone levels occurred. PADEP will then AQTAC, CAC and other committees Area. Pennsylvania’s January 25, 2007
begin the process of implementing any review responses to comments and maintenance plan SIP revision for the
selected measures. draft final rulemaking. Reading Area amends the approved
Contingency measures will be —Within 16 months of the trigger, EQB 1-hour maintenance plan by removing
considered in the event that a violation meeting/action. I/M from the contingency plan. The
of the 8-hour ozone standard occurs at —Within 17 months of the trigger, IRRC contingency measures in the February 3,
any monitor in the Reading Area. In the action on rulemaking. 1997 maintenance plan would be
event of a violation of the 8-hour ozone —Within 18 months of the trigger, replaced by those in the January 25,
standard, contingency measures will be Attorney General’s review/action. 2007, maintenance plan. These
adopted in order to return the area to —Within 19 months of the trigger, contingency measures would be
attainment with the standard. publication in the Pennsylvania implemented only in response to
Contingency measures to be considered Bulletin as a final rulemaking and recorded exceedances or violations of
for the Reading Area will include, but submit to EPA as a SIP revision. The the 8-hour ozone standards and no
not limited to the following: regulation would become effective longer tied to exceedances or violations
Regulatory measures: upon publication in the Pennsylvania of the 1-hour ozone standard.
—Additional controls on consumer Bulletin. With regard to the first change, in
products. The following schedule applies to the December 2003, Pennsylvania
—Additional control on portable fuel implementation of non-regulatory commenced implementation of an OTR
containers. contingency measures: enhanced I/M program in Berks County.
Non-regulatory measures: —Within 2 months of the trigger: EPA believes that the actual
—Voluntary diesel engine ‘‘chip Identify stakeholders for potential implementation of the OTR enhanced
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reflash’’—installation software to non-regulatory measures. I/M program means that the contingency
correct the defeat device option on —Within 3 months of the trigger, if measure of a basic I/M program is no
certain heavy duty diesel engines. funding is necessary, identify longer available as a contingency. The
—Diesel retrofit, including replacement, potential sources of funding and the maintenance demonstration relies upon
repowering or alternative fuel use, for timeframe under which funds would the OTR enhanced I/M program. EPA
public or private local onroad or be available. In addition to non-Title believes that the January 25, 2007
offroad fleets. V Clean Air funds, the following maintenance plan SIP revision has an

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adequate suite of contingency measures. further progress towards attainment or ‘‘adequacy’’ of a MVEB are set out in 40
Therefore, for these reasons, EPA maintenance. CFR 93.118(e)(4).
believes that the contingency measures EPA’s process for determining
VII. Does the Maintenance Plan ‘‘adequacy’’ consists of three basic steps:
plan for the Reading Area currently does
Establish and Identify Adequate and Public notification of a SIP submission,
not need to contain a basic I/M program
Approvable Motor Vehicle Emissions a public comment period, and EPA’s
since the OTR enhanced program has
been implemented. Budgets for the Reading Area? adequacy finding. This process for
With regard to removal of the 1-hour A. What Are the Motor Vehicle determining the adequacy of submitted
contingency measure triggers from the Emissions Budgets? SIP MVEBs was initially outlined in
maintenance plan, under 40 CFR EPA’s May 14, 1999 guidance,
Under the CAA, States are required to
51.905(e) of the April 30, 2004, Phase 1 ‘‘Conformity Guidance on
submit, at various times, control strategy
final rule, EPA may approve a SIP Implementation of March 2, 1999,
SIPs and maintenance plans in ozone
revision requesting the removal of the Conformity Court Decision.’’ This
areas. These control strategy SIPs (i.e.
obligation to implement contingency guidance was finalized in the
RFP SIPs and attainment demonstration
measures upon a violation of the 1-hour Transportation Conformity Rule
SIPs) and maintenance plans identify
ozone NAAQS when the State submits Amendments for the ‘‘New 8-Hour
and EPA approves an attainment and establish MVEBs for certain criteria Ozone and PM2.5 National Ambient Air
demonstration for the 8-hour ozone pollutants and/or their precursors to Quality Standards and Miscellaneous
NAAQS for an area initially designated address pollution from on-road mobile Revisions for Existing Areas;
nonattainment for the 8-hour NAAQS or sources. Pursuant to 40 CFR part 93 and Transportation Conformity Rule
a maintenance SIP for the 8-hour 51.112, MVEBs must be established in Amendments—Response to Court
NAAQS for an area initially designated an ozone maintenance plan. A MVEB is Decision and Additional Rule Change’’
attainment for the 8-hour NAAQS. EPA the portion of the total allowable on July 1, 2004 (69 FR 40004). EPA
believes the rationale of 51.905(e) in emissions that is allocated to highway follows this guidance and rulemaking in
relieving areas designated under the and transit vehicle use and emissions. A making its adequacy determinations.
8-hour standard of their 1-hour MVEB serves as a ceiling on emissions The MVEBs for the Reading Area are
maintenance plan triggers analogously from an area’s planned transportation listed in Table 1 of this document for
applies to areas that are being system. The MVEB concept is further the 2009, and 2018 years and are the
redesignated as attainment with the explained in the preamble to the projected emissions for the on-road
8-hour ozone NAAQS. Accordingly, November 24, 1993, transportation mobile sources plus any portion of the
EPA is proposing to relieve the Reading conformity rule (58 FR 62188). The safety margin allocated to the MVEBs.
Area of its maintenance plan obligations preamble also describes how to These emission budgets, when approved
with respect to implementing establish and revise the MVEBs in by EPA, must be used for transportation
contingency measures in the event of a control strategy SIPs and maintenance conformity determinations.
violation of the 1-hour standard. plans.
Under section 176(c) of the CAA, new B. What Is a Safety Margin?
Furthermore, to the extent that 40 CFR
51.905(e) of the Phase 1 final rule may transportation projects, such as the A ‘‘safety margin’’ is the difference
be vacated by the South Coast decision, construction of new highways, must between the attainment level of
EPA believes there is an alternate basis ‘‘conform’’ to (i.e., be consistent with) emissions (from all sources) and the
for allowing the Commonwealth to the part of the State’s air quality plan projected level of emissions (from all
remove the 1-hour triggers from the SIP- that addresses pollution from cars and sources) in the maintenance plan. The
approved maintenance for the Reading trucks. ‘‘Conformity’’ to the SIP means attainment level of emissions is the
Area. EPA has determined that the 8- that transportation activities will not level of emissions during one of the
hour NAAQS provides increased public cause new air quality violations, worsen years in which the area met the NAAQS.
health protection as compared to the 1- existing violations, or delay timely The following example is for the 2018
hour ozone standard. See 62 FR at attainment of or reasonable progress safety margin: The Reading Area first
38859 (July 18, 1997). Because the 8- towards the NAAQS. If a transportation attained the 8-hour ozone NAAQS
hour standard is more stringent than the plan does not ‘‘conform,’’ most new during the 2002 to 2004 time period.
1-hour standard, a maintenance plan projects that would expand the capacity The Commonwealth used 2004 as the
with triggers tied to the 8-hour standard of roadways cannot go forward. year to determine attainment levels of
will be more protective of public health Regulations at 40 CFR part 93 set forth emissions for the Reading Area.
than a maintenance plan with EPA policy, criteria, and procedures for The total emissions from point, area,
contingency measure triggers tied to the demonstrating and assuring conformity mobile on-road, and mobile non-road
1-hour standard. This greater of such transportation activities to a SIP. sources in 2004 were 51.5 tpd of VOC
protectiveness of the 8-hour standard When reviewing submitted ‘‘control and 58.2 tpd of NOX. PADEP projected
provides an additional justification for strategy’’ SIPs or maintenance plans emissions out to the year 2018 and
removing the 1-hour triggers from the containing MVEBs, EPA must obtained totals of 40.4 tpd of VOC and
maintenance plan. affirmatively find the MVEB budget 35.3 tpd of NOX from all sources in the
(g) Summary of EPA’s Evaluation of contained therein ‘‘adequate’’ for use in Reading Area. The safety margin for the
the Maintenance Plan. determining transportation conformity. Reading Area for 2018 would be the
EPA concludes that the January 25, After EPA affirmatively finds the difference between these amounts. This
2007 maintenance plan meets the submitted MVEB is adequate for difference is 11.1 tpd of VOC and 22.9
hsrobinson on PROD1PC76 with PROPOSALS-1

requirements of section 175A of the transportation conformity purposes, that tpd of NOX. The emissions up to the
CAA and the revisions to the 1-hour MVEB can be used by State and Federal level of the attainment year including
maintenance plan otherwise meets the agencies in determining whether the safety margins are projected to
requirements of the CAA including proposed transportation projects maintain the area’s air quality consistent
section 110(l) as it does not interfere ‘‘conform’’ to the SIP as required by with the 8-hour ozone NAAQS. The
with any applicable requirement such as section 176(c) of the CAA. EPA’s safety margin is the extra emissions
those concerning attainment, reasonable substantive criteria for determining reduction below the attainment levels

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that can be allocated for emissions by emission levels are maintained at or shows the safety margins for the 2009
various sources as long as the total below the attainment levels. Table 6 and 2018 years.

VOC emissions NOX emissions
Inventory year (tpd) (tpd)

2004 Attainment ............................................................................................................................................... 51.5 58.2

2009 Interim ..................................................................................................................................................... 43.8 48.1
2009 Safety Margin ......................................................................................................................................... 7.7 10.1
2004 Attainment ............................................................................................................................................... 51.5 58.2
2018 Final ........................................................................................................................................................ 40.4 35.3
2018 Safety Margin ......................................................................................................................................... 11.1 22.9

PADEP allocated 1.0 tpd VOC and 0.6 the 2009 MVEBs. For the 2018 MVEBs margins are no longer available, and
tpd NOX to the 2009 interim VOC the PADEP allocated 1.0 tpd VOC and may no longer be allocated to any other
projected on-road mobile source 0.6 tpd NOX from the 2018 safety source category. Table 7 shows the final
emissions projection and the 2009 margins to arrive at the 2018 MVEBs. 2009 and 2018 MVEBS for the Reading
interim NOX projected on-road mobile Once allocated to the mobile source Area.
source emissions projection to arrive at budgets these portions of the safety

[Rounded to nearest 0.1 tpd]

Inventory year VOC emissions NOX emissions

2009 projected on-road mobile source projected emissions .......................................................................... 12.1 20.7
2009 Safety Margin Allocated to MVEBs ........................................................................................................ 1.0 0.6
2009 MVEBs .................................................................................................................................................... 13.1 21.3
2018 projected on-road mobile source projected emissions .......................................................................... 6.5 8.4
2018 Safety Margin Allocated to MVEBs ........................................................................................................ 1.0 0.6
2018 MVEBs .................................................................................................................................................... 7.5 9.0

C. Why Are the MVEBs Approvable? the budgets adequate in a separate standard. The final approval of this
action following the comment period. redesignation request would change the
The 2009 and 2018 MVEBs for the If EPA receives adverse written designation of the Reading Area from
Reading Area are approvable because comments with respect to the proposed nonattainment to attainment for the 8-
the MVEBs for NOX and VOC, including approval of the Reading Area MVEBs, or hour ozone standard. EPA is also
the allocated safety margins, continue to any other aspect of our proposed proposing to approve the associated
maintain the total emissions at or below approval of this updated maintenance maintenance plan and the 2002 base
the attainment year inventory levels as plan, we will respond to the comments year inventory for Reading Area,
required by the transportation on the MVEBs in our final action or submitted on January 25, 2007, as
conformity regulations. proceed with the adequacy process as a revisions to the Pennsylvania SIP. EPA
separate action. Our action on the is proposing to approve the
D. What Is the Adequacy and Approval Reading Area MVEBs will also be maintenance plan for the Reading Area
Process for the MVEBs in the Reading announced on EPA’s conformity Web because it meets the requirements of
Area Maintenance Plan? site:, section 175A of the CAA as described
The MVEBs for the Reading Area (once there, click on the ‘‘Conformity’’ previously in this notice. EPA is also
maintenance plan are being posted to button, then look for ‘‘Adequacy Review proposing to approve the MVEBs
EPA’s conformity Web site concurrent of SIP Submissions for Conformity’’). submitted by Pennsylvania for the
with this proposal. The public comment Reading Area in conjunction with its
VIII. Proposed Actions
redesignation request. EPA is soliciting
period will end at the same time as the EPA is proposing to determine that public comments on the issues
public comment period for this the Reading Area has attained the 8- discussed in this document. These
proposed rule. In this case, EPA is hour ozone NAAQS. EPA is also comments will be considered before
concurrently processing the action on proposing to approve the taking final action.
the maintenance plan and the adequacy Commonwealth’s January 25, 2007,
process for the MVEBs contained request for the Reading Area to be IX. Statutory and Executive Order
therein. In this proposed rule, EPA is designated to attainment of the 8-hour Reviews
proposing to find the MVEBs adequate NAAQS for ozone. EPA has evaluated Under Executive Order 12866 (58 FR
hsrobinson on PROD1PC76 with PROPOSALS-1

and also proposing to approve the Pennsylvania’s redesignation request 51735, October 4, 1993), this proposed
MVEBs as part of the maintenance plan. and determined that it meets the action is not a ‘‘significant regulatory
The MVEBs cannot be used for redesignation criteria set forth in section action’’ and therefore is not subject to
transportation conformity until the 107(d)(3)(E) of the CAA. EPA believes review by the Office of Management and
maintenance plan update and associated that the redesignation request and Budget. For this reason, this action is
MVEBs are approved in a final Federal monitoring data demonstrate that the also not subject to Executive Order
Register notice, or EPA otherwise finds area has attained the 8-hour ozone 13211, ‘‘Actions Concerning Regulations

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29914 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Proposed Rules

That Significantly Affect Energy Supply, FR 4729, February 7, 1996), in issuing Pennsylvania. The Pennsylvania
Distribution, or Use’’ (66 FR 28355 (May this proposed rule, EPA has taken the Department of Environmental Protection
22, 2001)). This action merely proposes necessary steps to eliminate drafting (PADEP) is requesting that the Franklin
to approve state law as meeting Federal errors and ambiguity, minimize County ozone nonattainment area
requirements and imposes no additional potential litigation, and provide a clear (Franklin County Area) be redesignated
requirements beyond those imposed by legal standard for affected conduct. EPA as attainment for the 8-hour ozone
state law. Accordingly, the has complied with Executive Order national ambient air quality standard
Administrator certifies that this 12630 (53 FR 8859, March 15, 1988) by (NAAQS). EPA is proposing to approve
proposed rule will not have a significant examining the takings implications of the ozone redesignation request for
economic impact on a substantial the rule in accordance with the Franklin County Area. In conjunction
number of small entities under the ‘‘Attorney General’s Supplemental with its redesignation request, PADEP
Regulatory Flexibility Act (5 U.S.C. 601 Guidelines for the Evaluation of Risk submitted a SIP revision consisting of a
et seq.). Because this rule proposes to and Avoidance of Unanticipated maintenance plan for Franklin County
approve pre-existing requirements Takings’’ issued under the executive Area that provides for continued
under state law and does not impose order. attainment of the 8-hour ozone NAAQS
any additional enforceable duty beyond This rule proposing to approve the for at least 10 years after redesignation.
that required by state law, it does not redesignation of the Reading Area to EPA is proposing to make a
contain any unfunded mandate or attainment for the 8-hour ozone determination that the Franklin County
significantly or uniquely affect small NAAQS, the associated maintenance Area has attained the 8-hour ozone
governments, as described in the plan, the 2002 base year inventory, and NAAQS, based upon three years of
Unfunded Mandates Reform Act of 1995 the MVEBs identified in the complete, quality-assured ambient air
(Pub. L. 104–4). This proposed rule also maintenance plan does not impose an quality ozone monitoring data for 2003–
does not have a substantial direct effect information collection burden under the 2005. EPA’s proposed approval of the 8-
on one or more Indian tribes, on the provisions of the Paperwork Reduction hour ozone redesignation request is
relationship between the Federal Act of 1995 (44 U.S.C. 3501 et seq.). based on its determination that the
Government and Indian tribes, or on the List of Subjects Franklin County Area has met the
distribution of power and criteria for redesignation to attainment
responsibilities between the Federal 40 CFR Part 52 specified in the Clean Air Act (CAA). In
Government and Indian tribes, as Environmental protection, Air addition, PADEP submitted a 2002 base
specified by Executive Order 13175 (65 pollution control, Nitrogen dioxide, year inventory for the Franklin County
FR 67249, November 9, 2000), nor will Ozone, Reporting and recordkeeping Area which EPA is proposing to
it have substantial direct effects on the requirements, Volatile organic approve as a SIP revision. EPA is also
States, on the relationship between the compounds. providing information on the status of
national government and the States, or its adequacy determination for the
on the distribution of power and 40 CFR Part 81 motor vehicle emission budgets
responsibilities among the various Air pollution control, National parks, (MVEBs) that are identified in the
levels of government, as specified in Wilderness areas. Franklin County Area maintenance plan
Executive Order 13132 (64 FR 43255, Authority: 42 U.S.C. 7401 et seq. for purposes of transportation
August 10, 1999), because it merely conformity, which EPA is also
proposes to approve a state rule Dated: May 22, 2007. proposing to approve. EPA is proposing
implementing a Federal requirement, Donald S. Welsh, approval of the redesignation request,
and does not alter the relationship or Regional Administrator, Region III. and the maintenance plan and the 2002
the distribution of power and [FR Doc. E7–10356 Filed 5–29–07; 8:45 am] base year inventory SIP revisions in
responsibilities established in the Clean BILLING CODE 6560–50–P accordance with the requirements of the
Air Act. This proposed rule also is not CAA. EPA is also proposing to issue a
subject to Executive Order 13045 (62 FR determination that the area has attained
19885, April 23, 1997), because it ENVIRONMENTAL PROTECTION the 1-hour ozone NAAQS, and to find
approves a state rule implementing a AGENCY that the requirements of section
Federal standard. 172(c)(1) concerning the submission of
40 CFR Parts 52 and 81 the ozone attainment demonstration and
In reviewing SIP submissions, EPA’s
role is to approve state choices, [EPA–R03–OAR–2007–0174; FRL–8320–1] reasonably available control measure
provided that they meet the criteria of requirements, the requirements of
the Clean Air Act. In this context, in the Approval and Promulgation of Air section 172(c)(2) concerning reasonable
absence of a prior existing requirement Quality Implementation Plans; further progress (RFP), and the
for the State to use voluntary consensus Pennsylvania; Attainment requirements of section 172(c)(9)
standards (VCS), EPA has no authority Determination, Redesignation of the concerning contingency measures for
to disapprove a SIP submission for Franklin County Ozone Nonattainment RFP or attainment do not apply to the
failure to use VCS. It would thus be Area to Attainment and Approval of the area for so long as it continues to attain
inconsistent with applicable law for Area’s Maintenance Plan and 2002 the 1-hour NAAQS for ozone.
EPA, when it reviews a SIP submission, Base Year Inventory DATES: Written comments must be
to use VCS in place of a SIP submission received on or before June 29, 2007.
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AGENCY: Environmental Protection

that otherwise satisfies the provisions of Agency (EPA). ADDRESSES: Submit your comments,
the Clean Air Act. Thus, the ACTION: Proposed rule. identified by Docket ID Number EPA–
requirements of section 12(d) of the R03–OAR–2007–0174 by one of the
National Technology Transfer and SUMMARY: EPA is proposing to approve following methods:
Advancement Act of 1995 (15 U.S.C. a redesignation request and a State A. Follow the
272 note) do not apply. As required by Implementation Plan (SIP) revisions on-line instructions for submitting
section 3 of Executive Order 12988 (61 submitted by the Commonwealth of comments.

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