[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2926-2931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1104]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[SIPTRAX No. PA075-4001; PA075-4002; PA024-4005; FRL-5329-1]
Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; Redesignation of the
Philadelphia County Carbon Monoxide Area to Attainment and Approval of
the Area's Maintenance Plan and the Philadelphia County 1990 Base Year
Carbon Monoxide Emission Inventory; Commonwealth of Pennsylvania
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a maintenance plan and a request to
redesignate part of Philadelphia County from nonattainment to
attainment for carbon monoxide (CO) and is also approving the 1990 base
year CO emissions inventory for Philadelphia County. The maintenance
plan, redesignation request and 1990 base year CO emissions inventory
were submitted by the Commonwealth of Pennsylvania. Under the 1990
amendments of the Clean Air Act (CAA) designations can be revised if
sufficient data is available to warrant such revisions. In this action,
EPA is approving the Pennsylvania request because it meets the
maintenance plan and redesignation requirements set forth in the CAA.
This action is being taken under section 110 of the CAA.
EFFECTIVE DATE: This action will become effective on March 15, 1996
unless, within 30 days of publication, adverse or critical comments are
received. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105 and Philadelphia Department of Public Health, Air Management
Services, 321 University Avenue, Philadelphia, Pennsylvania 19104.
FOR FURTHER INFORMATION CONTACT: Kelly L. Bunker, (215) 597-4554.
SUPPLEMENTARY INFORMATION: On September 8, 1995 the Commonwealth of
Pennsylvania submitted a request for parallel processing of a
redesignation request and maintenance plan for the Philadelphia portion
of the Philadelphia-Camden County CO nonattainment area and
supplemented the request on October 30, 1995, in order to formalize the
submittal as an official revision to its State Implementation Plan
(SIP). The SIP revision consists of a maintenance plan and a request to
redesignate part of Philadelphia County from nonattainment to
attainment for carbon monoxide and the 1990 base year CO emissions
inventory for Philadelphia County.
I. Background
Part of Philadelphia County in Pennsylvania, specifically the high
traffic areas within the Central Business District and certain other
high traffic density areas of the City of Philadelphia, was a pre-1990
CO nonattainment area and continued to be designated as nonattainment
for CO by operation of law as per section 107 (d)(1)(C)(i) of the Clean
Air Act Amendments of 1990. The National Ambient Air Quality Standard
(NAAQS) for CO is 9.5 parts per million (ppm). Philadelphia County is
part of the Philadelphia-Camden County CO nonattainment area. CO
nonattainment areas can be classified as moderate or serious, based on
their design values. Since the Philadelphia CO nonattainment area had a
design value of 11.6 ppm (based on 1988 and 1989 data), the area was
classified as moderate. The CAA established an attainment date of
December 31, 1995, for all moderate CO areas. Philadelphia County has
ambient air quality monitoring data showing attainment of the CO NAAQS
from 1990 through 1994. No exceedances or violations of the CO NAAQS
have been monitored in Philadelphia County to date during calendar year
1995. Therefore, in an effort to comply with the CAA and to ensure
continued attainment of the NAAQS, on September 8, 1995 and October 30,
1995 the Commonwealth of Pennsylvania submitted a CO redesignation
request and a maintenance plan for Philadelphia County. Pennsylvania
submitted evidence that a public hearing was held on October 16, 1995
in Philadelphia.
II. Evaluation Criteria
Section 107(d)(3)(E) of the 1990 Clean Air Act Amendments provides
five specific requirements that an area must meet in order to be
redesignated from nonattainment to attainment.
1. The area must have attained the applicable NAAQS;
2. The area must have a fully approved SIP under section 110(k) of
CAA;
[[Page 2927]]
3. The air quality improvement must be permanent and enforceable;
4. The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA;
5. The area must meet all applicable requirements under section 110
and Part D of the CAA;
III. Review of State Submittal
On October 31, 1995, EPA determined that the information received
from the Commonwealth of Pennsylvania constituted a complete
redesignation request under the general completeness criteria of 40 CFR
part 51, appendix V, Secs. 2.1 and 2.2.
The Pennsylvania redesignation request for part of Philadelphia
County meets the five requirements of section 107(d)(3)(E), noted
above. The following is a brief description of how the Commonwealth has
fulfilled each of these requirements.
1. Attainment of the CO NAAQS
Pennsylvania has quality-assured CO ambient air monitoring data
showing that Philadelphia County has met the CO NAAQS. The Pennsylvania
request is based on an analysis of quality-assured CO air monitoring
data which is relevant to the maintenance plan and to the redesignation
request. To attain the CO NAAQS, an area must have complete quality-
assured data showing no more than one exceedance of the standard per
year over at least two consecutive years. The ambient air CO monitoring
data for calendar year 1990 through calendar year 1994, relied upon by
Pennsylvania in its redesignation request, shows no violations of the
CO NAAQS in Philadelphia County. The most recent ambient CO data shows
one exceedance in the calendar years 1993 and 1994. In addition, the
most recent ambient CO data for calendar year 1995 shows no exceedances
of the NAAQS to date in Philadelphia County. Because the area has
complete quality assured data showing no more than one exceedance of
the standard per year over at least two consecutive years (1993 and
1994), the area has met the first statutory criterion of attainment of
the CO NAAQS (40 CFR 50.8 and appendix C). Pennsylvania has committed
to continue monitoring in this area in accordance with 40 CFR part 58.
Furthermore, air quality data for the New Jersey portion of the
Philadelphia-Camden County CO nonattainment area shows that the
remainder of the nonattainment area has met the CO NAAQS since 1990.
Therefore, air quality in the entire area has been meeting the CO
standards since 1990.
2. Fully Approved SIP Under Section 110(k) of the CAA
Pennsylvania's CO SIP is fully approved by EPA as meeting all the
requirements of Section 110(a)(2)(I) of the Act, including the
requirements of Part D (relating to nonattainment), which were due
prior to the date of Pennsylvania's redesignation request. All portions
of Pennsylvania's CO SIP, except for the motor vehicle inspection and
maintenance (I/M) portion, were fully approved by EPA on February 26,
1985, at 40 CFR Sec. 52.2020(c)(63), (50 FR 7772). The I/M portion of
the CO SIP was approved by EPA on April 8, 1987 at 40 CFR
Sec. 52.2020(c)(66), (52 FR 11259). The 1990 CAA required that
nonattainment areas achieve specific new requirements depending on the
severity of the nonattainment classification. Requirements for the
Philadelphia area include the preparation of a 1990 emission inventory
with periodic updates, adoption of an oxygenated fuels program, the
development of contingency measures, and development of conformity
procedures. Each of these requirements added by the 1990 Amendments to
the CAA are discussed in greater detail below.
Consistent with the October 14, 1994 EPA guidance from Mary D.
Nichols entitled ``Part D New Source Review (Part D NSR) Requirements
for Areas Requesting Redesignation to Attainment,'' EPA is not
requiring full approval of a Part D NSR program by Pennsylvania as a
prerequisite to redesignation to attainment. Under this guidance,
nonattainment areas may be redesignated to attainment notwithstanding
the lack of a fully-approved Part D NSR program, so long as the program
is not relied upon for maintenance. Pennsylvania has not relied on a
NSR program for CO sources to maintain attainment. Although EPA is not
treating a Part D NSR program as a prerequisite for redesignation, it
should be noted that EPA is in the process of taking final action on
the State's revised NSR regulation, which includes requirements for CO
nonattainment areas. Because part of Philadelphia County is being
redesignated to attainment by this action, Pennsylvania's Prevention of
Significant Deterioration (PSD) requirements will be applicable to new
or modified sources in Philadelphia County. Pennsylvania has been
delegated PSD authority (see CFR Sec. 52.2058 Pennsylvania and 49 FR
33128, August 21, 1984).
A. Emission Inventory
Pennsylvania submitted its 1990 base year emissions inventory as
part of the maintenance plan which was submitted on September 8, 1995
and October 30, 1995. The inventory estimated CO emissions for
Philadelphia County, as required under Section 187(a)(1) of the CAA.
This inventory was used as the basis for calculations to
demonstrate maintenance. Pennsylvania's submittal contains the detailed
inventory data and summaries by source category. The inventory was
prepared in accordance with EPA guidance. A summary of the base year
and projected maintenance year inventories are shown in the following
table in this section.
Section 172(c)(3) of the CAA requires that nonattainment plan
provisions include a comprehensive, accurate, and current inventory of
actual emissions from all sources of relevant pollutants in the
nonattainment area. Pennsylvania included the requisite inventory in
the redesignation request and maintenance plan SIP revision. The base
year for the inventory was 1990, using a three month CO season of
December 1990 through February 1991. Stationary sources, area sources,
on-road mobile sources, and non-road mobile sources of CO were included
in the inventory. The following table, Table 1, presents a summary of
the base year (1990), attainment year (1992) and projected year (2007)
CO peak season daily emissions estimates in tons per winter day (tpd)
by source category:
Table 1.--CO Peak Season Daily Emissions
------------------------------------------------------------------------
1992 2007
1990 Base Attainment Projected
year year year
emissions emissions emissions
(tons per (tons per (tons per
day) day) day)
------------------------------------------------------------------------
On-road Mobile........................ 608.99 561.25 334.33
Non-road Mobile....................... 9.62 9.69 10.11
Area.................................. 13.77 13.80 13.98
Stationary............................ 20.98 22.07 31.11
---------------------------------
Total............................. 653.36 606.81 389.53
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Available guidance for preparing emission inventories is provided
in the General Preamble (57 FR 13498, April 16, 1992).
Section 110(k) of the CAA sets out provisions governing the EPA's
review of base year emission inventory submittals in order to determine
approval or disapproval under section 187(a)(1). The EPA is granting
approval
[[Page 2928]]
of the Philadelphia County 1990 base year CO emissions inventories as
found in the Pennsylvania CO Redesignation Request, based on the EPA's
technical review of the CO inventory. For further details on the
emission inventory, the reader is referred to the Technical Support
Document, which is available for review at the addresses provided
above.
B. Oxygenated Gasoline
Section 211(m) of the CAA requires that each State in which there
is located a CO nonattainment area with a design value of 9.5 ppm or
above based on data for the 2-year period of 1988 and 1989 shall submit
a SIP revision which requires the implementation of an oxygenated
gasoline program in the Consolidated Metropolitan Statistical Area
(CMSA) in which the nonattainment area is located. The Philadelphia-
Camden County CO nonattainment area has a design value above 11.6 ppm
based on 1988 and 1989 data and consequently was subject to the
requirement to adopt an oxygenated fuel program. Pennsylvania submitted
an oxygenated gasoline SIP revision for the Pennsylvania portion of the
Philadelphia CMSA to EPA on November 12, 1992. EPA approved the SIP
revision on July 21, 1994 at 40 CFR Sec. 52.2020(c)(88), (59 FR 37162).
As noted in the Pennsylvania redesignation request, the State intends
to relegate the oxygenated fuel program to contingency status upon
EPA's approval of Pennsylvania's redesignation request. On August 19,
1995 Pennsylvania modified their oxygenated gasoline regulations to
allow for the discontinuance of the program if EPA approves a
redesignation request and maintenance plan which does not require the
implementation of an oxygenated gasoline program. The modified
Pennsylvania oxygenated gasoline regulation also states that if an area
is redesignated to attainment and then violates the CO standard that
the program must be reinstated at the beginning of the next oxygenated
gasoline control period. In its demonstration of maintenance, described
below, the Commonwealth has shown that oxygenated gasoline in the
Pennsylvania portion of the Philadelphia CMSA is not necessary for
continued maintenance of the CO NAAQS. Consequently, by this action,
EPA is approving Pennsylvania's use of oxygenated gasoline as a
contingency measure for the Philadelphia area.1
\1\Cecil County, Maryland is part of the Philadelphia CMSA and
had implemented the oxygenated gasoline program. This action will
also serve to remove the oxygenated fuel requirement from Cecil
County, Maryland.
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C. Conformity
Under section 176(c) of the CAA, states were required to submit
revisions to their SIPs that include criteria and procedures to ensure
that Federal actions conform to the air quality planning goals in the
applicable SIPs. The requirement to determine conformity applies to
transportation plans, programs and projects developed, funded or
approved under Title 23 U.S.C. or the Federal Transit Act
(``transportation conformity''), as well as all other Federal actions
(``general conformity''). Congress provided for the State revisions to
be submitted one year after the date of promulgation of final EPA
conformity regulations. EPA promulgated final transportation conformity
regulations on November 24, 1993 (58 FR 62188) and final general
conformity regulations on November 30, 1993 (58 FR 63214). These
conformity rules require that the States adopt both transportation and
general conformity provisions in the SIP for areas designated
nonattainment or subject to a maintenance plan approved under CAA
section 175A. Pursuant to Sec. 51.396 of the transportation conformity
rule and Sec. 51.851 of the general conformity rule, the Commonwealth
of Pennsylvania was required to submit a SIP revision containing
transportation conformity criteria and procedures consistent with those
established in the Federal rule by November 25, 1994. Similarly,
Pennsylvania was required to submit a SIP revision containing general
conformity criteria and procedures consistent with those established in
the Federal rule by December 1, 1994. Pennsylvania submitted its
transportation conformity SIP revision to EPA on November 21, 1994.
This SIP was determined to be administratively and technically complete
on February 21, 1995. Pennsylvania has not submitted its general
conformity SIP revision.
Although this redesignation request was submitted to EPA after the
due dates for the SIP revisions for transportation conformity and
general conformity rules, EPA believes it is reasonable to interpret
the conformity requirements as not being applicable requirements for
purposes of evaluating the redesignation request under section 107(d).
The rationale for this is based on a combination of two factors. First,
the requirement to submit SIP revisions to comply with the conformity
provisions of the Act continues to apply to areas after redesignation
to attainment. Therefore, the State remains obligated to adopt the
transportation and general conformity rules even after redesignation
and would risk sanctions for failure to do so. While redesignation of
an area to attainment enables the area to avoid further compliance with
most requirements of section 110 and part D, since those requirements
are linked to the nonattainment status of an area, the conformity
requirements apply to both nonattainment and maintenance areas. Second,
EPA's federal conformity rules require the performance of conformity
analyses in the absence of state-adopted rules. Therefore, a delay in
adopting State rules does not relieve an area from the obligation to
implement conformity requirements.
Because areas are subject to the conformity requirements regardless
of whether they are redesignated to attainment and must implement
conformity under Federal rules if State rules are not yet adopted, EPA
believes it is reasonable to view these requirements as not being
applicable requirements for purposes of evaluating a redesignation
request.
For the reasons just discussed, EPA believes that the CO
redesignation request for Philadelphia County may be approved
notwithstanding the lack of a general conformity submittal and an
approved state transportation conformity rule.
3. Improvement in Air Quality Due to Permanent and Enforceable Measures
EPA approved Pennsylvania's CO SIP under the 1977 CAA. Emission
reductions achieved through the implementation of control measures
contained in that SIP are enforceable. Pennsylvania cites the Federal
Motor Vehicle Control Program (FMVCP) and the basic Inspection and
Maintenance Program as the major sources of reduction that led to
attainment of the CO standard. As discussed above, the State initially
attained the NAAQS in 1990 with monitored attainment through 1994. This
indicates that the improvements are due to the permanent and
enforceable measures contained in the 1982 CO SIP.
The Commonwealth of Pennsylvania has demonstrated that actual
enforceable emission reductions are responsible for the air quality
improvement and that the CO emissions in the base year are not
artificially low due to local economic downturn. EPA finds that the
combination of certain existing EPA-approved SIP and federal measures
contribute to the permanence and enforceability of reduction in ambient
CO levels that have allowed the area to attain the NAAQS.
[[Page 2929]]
4. Fully Approved Maintenance Plan Under Section 175A
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The plan must demonstrate continued attainment of the applicable
NAAQS for at least ten years after the Administrator approves a
redesignation to attainment. Eight years after the redesignation, the
state must submit a revised maintenance plan which demonstrates
attainment for the ten years following the initial ten-year period. To
provide for the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, with a schedule for
implementation adequate to assure prompt correction of any air quality
problems. In this notice, EPA is approving the Commonwealth of
Pennsylvania's maintenance plan for the Philadelphia area because EPA
finds that Pennsylvania's submittal meets the requirements of section
175A.
A. Attainment Emission Inventory
As previously noted, Pennsylvania submitted its 1990 base year
emissions inventory for Philadelphia County as part of the maintenance
plan which was submitted on September 8, 1995 and October 30, 1995. The
inventory includes emissions from stationary, area, and mobile sources
using 1990 as the base year for calculations.
The State submittal contains the detailed inventory data and
summaries by source category. The comprehensive base year emissions
inventory was submitted in the National Emission Data System format.
This inventory was prepared in accordance with EPA guidance.
The 1992 emission inventory was selected as representative of
Philadelphia County emissions during the period showing attainment.
Pennsylvania established the 1992 inventory as the attainment inventory
and forecasted future emissions out to the year 2007 in its maintenance
plan. The future emission estimates were all calculated by applying
appropriate growth factors to the 1990 base year inventory, consistent
with EPA guidance.
B. Demonstration of Maintenance-Projected Inventories
Total CO emissions were projected from 1990 base year out to 2007.
These projected inventories were prepared in accordance with EPA
guidance. Pennsylvania will not implement the oxygenated gasoline
program in the Pennsylvania portion of the Philadelphia CMSA unless a
violation of the standard triggers the implementation of the program.
The projections show that calculated CO emissions, assuming no
oxygenated fuels program, are not expected to exceed the level of the
base year inventory during this time period. Therefore, it is
anticipated that the Philadelphia area will maintain the CO standard
without the program, and the oxygenated gasoline program would not need
to be implemented following redesignation, except as a contingency
measure.
C. Verification of Continued Attainment
Continued attainment of the CO NAAQS in Philadelphia County
depends, in part, on the Commonwealth's efforts toward tracking
indicators of continued attainment during the maintenance period. The
Commonwealth commits to revise the emission inventory every three years
beginning in 1993, until at least 2007. If future emission levels
exceed those in the 1992 attainment inventory, the Commonwealth commits
to investigate the reasons and take appropriate action.
D. Contingency Plan
The level of CO emissions in Philadelphia County will largely
determine its ability to stay in compliance with the CO NAAQS in the
future. Despite the Commonwealth's best efforts to demonstrate
continued compliance with the NAAQS, the ambient air pollutant
concentrations may exceed or violate the NAAQS. Section 175(A)(d) of
the CAA requires that the contingency provisions include a requirement
that the State implement all measures contained in the SIP prior to
redesignation. Therefore, Pennsylvania has provided contingency
measures with a schedule for implementation in the event of a future CO
air quality problem. The plan contains triggering mechanism (a
violation of the CO standard) to determine when contingency measures
are needed.
On August 19, 1995 Pennsylvania modified their oxygenated gasoline
regulations to allow for the discontinuance of the program if EPA
approves a redesignation request and maintenance plan which does not
require the implementation of an oxygenated gasoline program. The
modified Pennsylvania oxygenated gasoline regulation states that if an
area is redesignated to attainment and then violates the CO standard
that the program must be reinstated at the beginning of the next
oxygenated gasoline control period.
E. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the CAA, the Commonwealth has
agreed to submit a revised maintenance SIP eight years after the area
is redesignated to attainment. Such a revised SIP will provide for
maintenance for an additional ten years.
5. Meeting Applicable Requirements of Section 110 and Part D
In Section III.2. above, EPA sets forth the basis for its
conclusion that Pennsylvania has a fully approved SIP which meets the
applicable requirements of Section 110 and Part D of the CAA.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective March 15, 1996 unless, within 30 days of publication, adverse
or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on this action serving as a proposed
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, the public is advised that
this action will be effective on March 15, 1996.
Final Action
EPA is approving the Philadelphia County CO maintenance plan
because it meets the requirements set forth in section 175A of the CAA.
In addition, the Agency is approving the request and redesignating the
Philadelphia County CO area to attainment, because the Commonwealth has
demonstrated compliance with the requirements of section 107(d)(3)(E)
for redesignation. EPA is also approving Pennsylvania's 1990 base year
CO emissions inventory for Philadelphia County, as found in the
Commonwealth's redesignation request and maintenance plan. The EPA is
publishing this action without prior proposal because the Agency views
this as a noncontroversial amendment and anticipates no adverse
comments. However, in a separate document in this
[[Page 2930]]
Federal Register publication, the EPA is proposing to approve the SIP
revision should adverse or critical comments be filed. This action will
be effective March 15, 1996 unless, by February 29, 1996 adverse or
critical comments are received. If the EPA receives such comments, this
action will be withdrawn before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on this action serving as a proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time. If
no such comments are received, the public is advised that this action
will be effective March 15, 1996.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action proposed/promulgated
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
The CO SIP is designed to satisfy the requirements of part D of the
CAA and to provide for attainment and maintenance of the CO NAAQS. This
final redesignation should not be interpreted as authorizing the State
to delete, alter, or rescind any of the CO emission limitations and
restrictions contained in the approved CO SIP. Changes to CO SIP
regulations rendering them less stringent than those contained in the
EPA approved plan cannot be made unless a revised plan for attainment
and maintenance is submitted to and approved by EPA. Unauthorized
relaxations, deletions, and changes could result in both a finding of
non-implementation (section 179(a) of the CAA) and in a SIP deficiency
call made pursuant to sections 110(a)(2)(H) and 110(k)(2) of the CAA.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP
approval does not impose any new requirements, it does not have any
economic impact on any small entities. Redesignation of an area to
attainment under section 107(d)(3)(E) of the CAA does not impose any
new requirements on small entities. Redesignation is an action that
affects the status of a geographical area and does not impose any
regulatory requirements on sources. Accordingly, I certify that the
approval of the redesignation of an area to attainment under section
107(d)(3)(E) of the CAA will not affect a substantial number of small
entities.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 1, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action on the Philadelphia CO redesignation
request, maintenance plan and the 1990 base year CO emission inventory
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
40 CFR Part 81
Air pollution control.
Dated: October 31, 1995.
Stanley Laskowski,
Acting Regional Administrator, Region III.
For the reasons set forth in the preamble 40 CFR part 52, subpart
NN of chapter I, title 40 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart NN--Pennsylvania
2. Section 52.2020 is amended by adding paragraph (c)(105) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(105) The carbon monoxide redesignation and maintenance plan for
part of Philadelphia County submitted by the Pennsylvania Department of
Environmental Protection on September 8, 1995 and October 30, 1995, as
part of the Pennsylvania SIP. The 1990 base year CO emission inventory
and projections are included in the maintenance plan.
(i) Incorporation by reference.
(A) Letters of September 8, 1995 and October 30, 1995 from the
Pennsylvania Department of Environmental Protection requesting the
redesignation and submitting the maintenance plan.
(B) Maintenance Plan for the Philadelphia Carbon Monoxide
Nonattainment Area adopted on October 16, 1995.
(ii) Additional Material.
[[Page 2931]]
(A) Remainder of September 8, 1995 and October 30, 1995 State
submittal.
3. Section 52.2036 is added to read as follows:
Sec. 52.2036 1990 Base Year Carbon Monoxide Emission Inventory for
Philadelphia County.
EPA approves as a revision to the Pennsylvania State Implementation
Plan the 1990 base year carbon monoxide emission inventory for
Philadelphia County, submitted by the Secretary, Pennsylvania
Department of Environmental Protection, on September 8, 1995 and
October 30, 1995. This submittal consists of the 1990 base year
stationary, area, non-road mobile and on-road mobile emission
inventories in Philadelphia County for the pollutant carbon monoxide
(CO).
PART 81--[AMENDED]
Subpart C--Section 107 Attainment Status Designations
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.339, the table for ``Pennsylvania-Carbon Monoxide''
is amended by revising the entry for the Philadelphia-Camden County
area to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated Area ------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
.................. Nonattainment...... ........... Not Classified.
* * * * * *
*
Philadelphia-Camden County Area
Philadelphia County (part)
City of Philadelphia-high March 15, 1996.... Attainment......... ........... .......................
traffic areas within the
Central Business
District and certain
other high traffic
density areas.
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\1\This date is November 15, 1990, unless otherwise noted.
[FR Doc. 96-1104 Filed 1-29-96; 8:45 am]
BILLING CODE 6560-50-P
