Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 1990 NOINFX/INF Base Year Emission Inventory for the Philadelphia Ozone Nonattainment Area

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

fernande[email protected].

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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