[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32422-32425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15267]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA121-4088a; FRL-6361-5]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; 1990 NOX Base Year Emission Inventory for the
Philadelphia Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
request that the Commonwealth of Pennsylvania submitted on July 31,
1998 for the Philadelphia severe ozone nonattainment area. The
Commonwealth submitted this SIP revision in response to the Clean Air
Act, which requires all ozone nonattainment areas to submit a
comprehensive inventory of oxides of nitrogen (NOX)
emissions, from all sources, for the calendar year 1990. This emission
inventory is known as the 1990 base year inventory. This SIP revision
applies to the Pennsylvania portion of the Philadelphia ozone
nonattainment area, which consists of Bucks, Chester, Delaware,
Montgomery, and Philadelphia Counties. EPA is approving the 1990
NOX base year inventory as a revision to Pennsylvania's SIP
in accordance with the requirements of the Clean Air Act.
DATES: This rule is effective on August 16, 1999, without further
notice, unless EPA receives adverse written comment by July 19, 1999.
If EPA receives such comments, we will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: You should mail written comments to David L. Arnold, Chief,
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. You can inspect copies of the documents relevant to
this action during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103, and the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality, P.O. Box
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Cristina Fernandez, (215) 814-2178, at
the EPA Region III address above, or via e-mail at
z.cristina@epa.gov.
SUPPLEMENTARY INFORMATION: This Supplementary Information section is
organized as follows:
What action is EPA taking today?
What is the effect of this action?
What did Pennsylvania submit?
What is in Pennsylvania's 1990 NOX inventory?
What does the Clean Air Act require?
Where can I get more information?
What is EPA doing in this action?
How does this document comply with the federal administrative
requirements for rulemaking?
[[Page 32423]]
What Action Is EPA Taking Today?
EPA is approving the 1990 NOX base year emission
inventory, submitted by the Commonwealth of Pennsylvania for the
Pennsylvania portion of the Philadelphia ozone nonattainment area. The
inventory revision concerns NOX emissions from point, area,
highway mobile, and non-road mobile biogenic emissions in the five-
county Philadelphia area.
What Is the Effect of This Action?
EPA's approval of Pennsylvania's 1990 NOX base year
inventory means that Pennsylvania has met this Clean Air Act
requirement for the Philadelphia area. For more information, see the
section entitled, ``What Does the Clean Air Act Require?''
What Did Pennsylvania Submit?
On July 31, 1998, Pennsylvania submitted a revision to the
Pennsylvania State Implementation Plan (SIP) containing the 1990
NOX base year inventory for the Philadelphia severe ozone
nonattainment area and the ``Phase I'' rate-of-progress plan for the
Philadelphia area. The Pennsylvania portion of the Philadelphia ozone
nonattainment area includes Bucks, Chester, Delaware, Montgomery, and
Philadelphia Counties. Today's action only pertains to the 1990
NOX base year inventory portion of Pennsylvania's July 31,
1998 submittal. In a separate rulemaking action, EPA will address the
remainder of Pennsylvania's July 31, 1998 submittal related to the
Philadelphia area Phase I plan.
What Is in Pennsylvania's 1990 NOX Inventory?
The following table contains a summary of the NOX
emission inventory, broken down by source type and county.
1990 Base Year NOX Emissions for the Philadelphia Area
[Tons per summer day (tpsd)]
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County Point Area Highway Nonroad Total
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Bucks.................................................... 15.96 5.36 32.16 13.09 66.57
Chester.................................................. 26.97 2.84 25.98 11.25 67.04
Delaware................................................. 65.51 7.45 18.44 9.23 100.63
Montgomery............................................... 7.67 9.13 39.50 20.69 76.99
Philadelphia............................................. 45.79 22.34 42.24 17.94 128.31
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Five-County Area..................................... 161.90 47.12 158.32 72.20 439.54
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What Does the Clean Air Act Require?
Under the Clean Air Act (the Act), States have the responsibility
to inventory emissions contributing to national ambient air quality
standard nonattainment, to track these emissions over time, and to
ensure that control strategies are being implemented that reduce
emissions and move areas towards attainment. Section 182(a)(1) of the
Act requires states containing ozone nonattainment areas classified as
marginal to extreme to submit a final, comprehensive, accurate, and
current inventory of actual ozone season, weekday emissions from all
sources by November 15, 1992. This inventory is for calendar year 1990,
and is denoted as the 1990 base year inventory. It includes both
anthropogenic and biogenic sources of VOC, NOX, and carbon
monoxide (CO) emissions. The inventory is to address actual VOC,
NOX, and CO emissions for the area during peak ozone season,
which is generally comprised of the summer months. All emissions from
stationary point and area sources, as well as highway and non-road
mobile sources, and biogenic emissions within the nonattainment area,
are to be included in the compilation. The 1990 base year emissions
inventory is the primary inventory from which other Clean Air Act
requirements, including the periodic inventory, the rate-of-progress
(ROP) target level and projection inventories, and the modeling
inventory, are derived.
Where Can I Get More Information?
EPA prepared a technical support document (TSD) for this
rulemaking. You may request a copy of EPA's TSD from the EPA Regional
Office listed in the ADDRESSES section, above.
You can find more information about emission inventories in the
following documents:
Emission Inventory Requirements for Ozone State Implementation
Plans, Environmental Protection Agency, Office of Air Quality Planning
and Standards, Research Triangle Park, North Carolina, March 1991.
Guidance on the Adjusted Base Year Emissions Inventory and the 1996
Target for 15 Percent Rate of Progress Plans, Environmental Protection
Agency, Office of Air Quality Planning and Standards, Research Triangle
Park, North Carolina, October 1992.
Guidance on the Post '96 Rate-of-Progress Plan (RPP) and Attainment
Demonstration (Corrected version of February 18, 1994), Environmental
Protection Agency, Office of Air Quality Planning and Standards,
Research Triangle Park, North Carolina, February 18, 1994.
What Is EPA Doing in This Action?
EPA is approving Pennsylvania's 1990 NOX emission
inventory for the Philadelphia area. Pennsylvania submitted this
inventory to EPA as a SIP revision on July 31, 1998.
How Does This Document Comply With the Federal Administrative
Requirements for Rulemaking?
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If EPA complies by consulting, E.O. requires EPA to
provide to the Office of Management and Budget a description of the
extent of EPA's prior consultation with representatives of affected
state, local, and tribal governments, the nature of their concerns,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals
[[Page 32424]]
containing significant unfunded mandates.'' Today's rule does not
create a mandate on state, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
C. Executive Order 13045
E.O. 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that the EPA determines (1) is ``economically
significant,'' as defined under E.O. 12866, and (2) the environmental
health or safety risk addressed by the rule has a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This final rule is not subject to E.O. 13045 because it is not an
economically significant regulatory action as defined by E.O. 12866,
and it does not address an environmental health or safety risk that
would have a disproportionate effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If EPA complies by
consulting, Executive Order 13084 requires EPA to provide to the Office
of Management and Budget, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected and
other representatives of Indian tribal governments ``to provide
meaningful and timely input in the development of regulatory policies
on matters that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the communities
of Indian tribal governments. This action does not involve or impose
any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
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 rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to 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 promulgated does not
include a Federal mandate that may result in estimated annual 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
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action, pertaining to EPA's approval of
Pennsylvania's 1990 NOx base year inventory for the five-county
Philadelphia area, must be filed in the United States Court of Appeals
for the appropriate circuit by August 16, 1999. 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 may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: June 2, 1999.
Thomas J. Maslany,
Acting Regional Administrator, Region III.
40 CFR part 52 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 et seq.
Subpart NN--Pennsylvania
2. Section 52.2036 is amended by adding paragraph (l) to read as
follows:
[[Page 32425]]
Sec. 52.2036 1990 Baseyear Emission Inventory.
* * * * *
(l) EPA approves, as a revision to the Pennsylvania State
Implementation Plan, the 1990 NOx emission inventory for the
Philadelphia area, submitted on July 31, 1998 by the Pennsylvania
Department of Environmental Protection. The submittal consists of 1990
base year point, area, highway, and non-road mobile NOx emissions
inventories for the five-county Philadelphia area (Bucks, Chester,
Delaware, Montgomery, and Philadelphia Counties).
[FR Doc. 99-15267 Filed 6-16-99; 8:45 am]
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