[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Proposed Rules]
[Pages 62389-62408]
[FR Doc No: 2014-24596]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0525; FRL-9917-83-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Harrisburg-Lebanon-Carlisle-York
Nonattainment Areas to Attainment for the 1997 Annual and the 2006 24-
Hour Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the Commonwealth of Pennsylvania's requests to redesignate to
attainment the Harrisburg-Lebanon-Carlisle-York nonattainment areas
(hereafter ``the Areas'') for the 1997 annual and 2006 24-hour fine
particulate matter (PM2.5) national ambient air quality
standard (NAAQS). This proposed approval is contingent upon the United
States Court of Appeals for the District of Columbia (D.C. Circuit
Court) granting EPA's motion to lift the stay of the Cross State Air
Pollution Rule (CSAPR) that the D.C. Circuit Court issued on December
30, 2011. EPA is proposing to find that the attainment of the Areas is
in part due to the emissions reductions resulting from the Clean Air
Interstate Rule (CAIR) in Pennsylvania and in the states upwind of
Pennsylvania. Thus, if the D.C. Circuit Court lifts the stay of CSAPR
and grants EPA's motion to begin implementation of CSAPR on January 1,
2015, those emission reductions originally required under CAIR will be
made permanent and enforceable through the implementation of CSAPR. In
addition to the redesignation requests, EPA is also proposing to
determine that the Areas continue to attain the 1997 annual and the
2006 24-hour PM2.5 NAAQS. Furthermore, EPA is proposing to
approve as revisions to the Pennsylvania State Implementation Plan
(SIP), the associated maintenance plans to show maintenance of the 1997
annual and 2006 24-hour PM2.5 NAAQS through 2025 for the
Areas. The maintenance plans include the 2017 and 2025 PM2.5
and nitrogen oxides (NOX) mobile vehicle emissions budgets
(MVEBs) for the Areas for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS which EPA is proposing to approve for
transportation conformity purposes. EPA is also initiating the process
to determine if these budgets are adequate for transportation
conformity purposes. In addition, EPA is proposing to approve as
revisions to the Pennsylvania SIP, the 2007 base year emissions
inventory for the Areas for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS. EPA's proposed approvals of the maintenance
plans and MVEBs for the Areas are also contingent upon the lifting of
the CSAPR stay by the D.C. Circuit Court.

DATES: Written comments must be received on or before November 17,
2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0525 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2014-0525, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0525. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you

consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through
www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. EPA's Requirements
    A. Criteria for Redesignation to Attainment
    B. Requirements of a Maintenance Plan
III. Summary of Proposed Actions
IV. Effects of Recent Court Decisions on Proposed Actions
    A. Effects of EME Homer City Decision
    B. Effect of the January 4, 2013 D.C. Circuit Court Decision
Regarding the PM2.5 Implementation Under Subpart 4 of
Part D of Title I of the CAA
V. EPA's Analysis of Pennsylvania's SIP Submittals
    A. Redesignation Requests
    B. Maintenance Plans
    C. Transportation Conformity
VI. Proposed Actions
VII. Statutory and Executive Order Reviews

I. Background

    The first air quality standards for PM2.5 were
established on July 18, 1997 (62 FR 38652). EPA promulgated an annual
standard at a level of 15 micrograms per cubic meter ([mu]g/m\3\),
based on a three-year average of annual mean PM2.5
concentrations (the 1997 annual PM2.5 standard). In the same
rulemaking, EPA promulgated a 24-hour standard of 65 [mu]g/m\3\ based
on a three-year average of the 98th percentile of 24-hour
concentrations.
    On January 5, 2005 (70 FR 944, 1014), EPA published air quality
area designations for the 1997 PM2.5 NAAQS. In that
rulemaking action, EPA designated the Harrisburg-Lebanon-Carlisle
(Harrisburg) and York Areas as nonattainment for the 1997 annual
PM2.5 NAAQS. The Harrisburg Area is comprised of Cumberland,
Dauphin and Lebanon Counties; and the York Area is comprised of York
County in Pennsylvania. See 40 CFR 81.339.
    On October 17, 2006 (71 FR 61144), EPA retained the annual average
standard at 15 [mu]g/m\3\, but revised the 24-hour standard to 35
[mu]g/m\3\ based again on the three-year average of the 98th percentile
of the 24-hour concentrations (the 2006 24-hour PM2.5
standard). On November 13, 2009 (74 FR 58688), EPA published
designations for the 2006 24-hour PM2.5 standard, which
became effective on December 14, 2009. In that rulemaking action, EPA
designated the Harrisburg-Lebanon-Carlisle-York (Harrisburg-York) Area
as nonattainment for the 2006 24-hour PM2.5 NAAQS. See 40
CFR 81.339.
    Today's proposed rulemaking actions address the redesignations to
attainment for the 1997 annual PM2.5 NAAQS for the
Harrisburg and York Areas, and the 2006 24-hour PM2.5
standards for the Harrisburg-York Area.
    On August 25, 2008 (73 FR 49949) and on September 25, 2009 (74 FR
48863), EPA determined that the Harrisburg and the York Areas,
respectively, had clean data and monitored attainment for the 1997
annual PM2.5 NAAQS. On March 29, 2012 (77 FR 18922), EPA
determined that the Harrisburg-York Area had clean data and monitored
attainment for the 2006 24-hour PM2.5 NAAQS. Pursuant to 40
CFR 51.1004(c) and based on these determinations, the requirements for
the Areas to submit attainment demonstrations and associated reasonably
available control measures (RACM), reasonable further progress (RFP)
plans, contingency measures, and other planning SIP revisions related
to the attainment of the 1997 annual and the 2006 24-hour
PM2.5 NAAQS are suspended until such time as: The Area is
redesignated to attainment for the standard, at which time the section
51.1004(c) requirements no longer apply; or EPA determines that the
Area has again violated the standard, at which time such plans are
required to be submitted. On July 29, 2011 (76 FR 45424), EPA also
determined that the Harrisburg and York Areas had attained the 1997
annual PM2.5 NAAQS by the applicable attainment date of
April 5, 2010. EPA's review of the most recent certified monitoring
data for the Areas show that the Areas continue to attain the standard.
    On April 22, 2014, the Commonwealth of Pennsylvania, through the
Pennsylvania Department of Environmental Protection (PADEP), formally
submitted requests to redesignate the Harrisburg and York Areas from
nonattainment to attainment for the 1997 annual PM2.5 NAAQS.
PADEP also formally submitted on April 22, 2014, a request to
redesignate the Harrisburg-York Area from nonattainment to attainment
for the 2006 24-hour PM2.5 NAAQS. Concurrently, PADEP
submitted maintenance plans for the Areas as SIP revisions to ensure
continued attainment throughout the Areas over the next 10 years. The
maintenance plans include the 2017 and 2025 PM2.5 and
NOX MVEBs for the Areas for the 1997 annual and the 2006 24-
hour PM2.5 NAAQS which EPA is proposing to approve for
transportation conformity purposes. PADEP also submitted a 2007
comprehensive emissions inventory for the 1997 annual and the 2006
PM2.5 NAAQS for PM2.5, NOX, sulfur
dioxide (SO2), volatile organic compounds (VOCs), and
ammonia (NH3). EPA is proposing to approve as SIP revisions
the maintenance plans for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS. EPA is also proposing to approve as SIP
revisions the 2007 emissions inventory for both standards to meet the
emissions inventory requirement of section 172(c)(3) of the CAA. EPA's
proposed approvals are contingent upon the D.C. Circuit Court granting
EPA's motion to lift the stay of CSAPR.

II. EPA's Requirements

A. Criteria for Redesignation to Attainment

    The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation providing that: (1) EPA determines that the
area has attained the applicable NAAQS; (2) EPA has fully approved the
applicable implementation plan for the area under section 110(k) of the
CAA; (3) EPA determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable Federal air
pollutant control regulations and other permanent and enforceable
reductions; (4) EPA has fully approved a maintenance plan for the area
as meeting the requirements of section 175A of the CAA; and (5) the
state containing such area has met all requirements applicable to the
area under section 110 and part D of the CAA. Each of these
requirements are discussed in Section V. of today's proposed rulemaking
action.
    EPA provided guidance on redesignations in the ``SIPs; General
Preamble for the Implementation of Title I of the CAA Amendments of
1990,'' (57 FR 13498, April 16, 1992) (the ``General Preamble'') and
has provided further guidance on processing redesignation requests in
the following documents: (1) ``Procedures for Processing Requests to
Redesignate Areas to Attainment,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, September 4, 1992 (hereafter
referred to as the ``1992 Calcagni Memorandum''); (2) ``SIP Actions
Submitted in Response to CAA Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28, 1992;
and (3) ``Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994.

B. Requirements of a Maintenance Plan

    Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A of the CAA, the plan must demonstrate continued
attainment of the applicable NAAQS for at least 10 years after approval
of a redesignation of an area to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain such
contingency measures, with a schedule for implementation, as EPA deems
necessary to assure prompt correction of any future PM2.5
violations.
    The 1992 Calcagni Memorandum provides additional guidance on the
content of a maintenance plan. The memorandum states that a maintenance
plan should address the following provisions: (1) An attainment
emissions inventory; (2) a maintenance demonstration showing
maintenance for 10 years; (3) a commitment to maintain the existing
monitoring network; (4) verification of continued attainment; and (5) a
contingency plan to prevent or correct future violations of the NAAQS.
    Under the CAA, states are required to submit, at various times,
control strategy SIP revisions and maintenance plans for nonattainment
areas and for areas seeking redesignation to attainment for a given
NAAQS. These emission control strategy SIP revisions (e.g., RFP and
attainment demonstration SIP revisions) and maintenance plans create
MVEBs based on onroad mobile source emissions for the relevant criteria
pollutants and/or their precursors, where appropriate, to address
pollution from onroad transportation sources. The MVEBs are the
portions of the total allowable emissions that are allocated to onroad
vehicle use that, together with emissions from all other sources in the
area, will provide attainment, RFP, or maintenance, as applicable. The
budget serves as a ceiling on emissions from an area's planned
transportation system. Under 40 CFR part 93, a MVEB for an area seeking
a redesignation to attainment is established for the last year of the
maintenance plan.
    The maintenance plans for the Cumberland, Dauphin, Lebanon, and
York Counties in Pennsylvania, includes the 2017 and 2025
PM2.5 and NOX MVEBs for transportation conformity
purposes. The transportation conformity determinations for the Areas
are further discussed in Section V.C. of today's proposed rulemaking
actions and technical support documents (TSDs) dated September 3, 2014,
available on line at www.regulations.gov, Docket ID No. EPA-OAR-R03-
2014-0525.

III. Summary of Proposed Actions

    EPA is proposing to take several rulemaking actions related to the
redesignations of the Areas to attainment for the 1997 annual and the
2006 24-hour PM2.5 NAAQS. Provided that the D.C. Circuit
Court grants EPA's motion to lift the December 30, 2011 stay of CSAPR
and tolls CSAPR's compliance deadlines in order to begin Phase 1 of
CSAPR on January 1, 2015, EPA is proposing to find that the Areas meet
the requirements for redesignation for the 1997 annual and the 2006 24-
hour PM2.5 NAAQS under section 107(d)(3)(E) of the CAA. EPA
is thus proposing to approve Pennsylvania's requests to change the
legal definition for the Harrisburg and York Areas from nonattainment
to attainment for the 1997 annual PM2.5 NAAQS, and the
Harrisburg-York Area for the 2006 24-hour PM2.5 NAAQS.
    EPA is also proposing to approve the associated maintenance plans
for the Areas as revisions to the Pennsylvania SIP for the 1997 annual
and the 2006 24-hour PM2.5 NAAQS, including the 2017 and
2025 PM2.5 and NOX MVEBs for the Areas. The
approval of the maintenance plans is one of the CAA criteria for
redesignation of the Areas to attainment for the 1997 annual and the
2006 24-hour PM2.5 NAAQS. Pennsylvania's maintenance plans
are designed to ensure continued attainment in the Areas for 10 years
after redesignation for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS.
    EPA previously determined that the Harrisburg and York Areas have
attained the 1997 annual PM2.5 NAAQS. Therefore, EPA is
proposing to find that the Harrisburg and York Areas continue to attain
the 1997 annual PM2.5 NAAQS. See 76 FR 45424, July 29, 2011.
EPA also previously determined that the Harrisburg-York Area had clean
data showing monitored attainment for the 2006 24-hour PM2.5
NAAQS. See 77 FR 18922, March 29, 2012. Therefore, EPA is proposing to
find that the Harrisburg-York Area continues to attain the 2006 24-hour
PM2.5 NAAQS. EPA is also proposing to approve the 2007
comprehensive emissions inventory that includes PM2.5,
SO2, NOX, VOC, and NH3 for the Areas
as revisions to the Pennsylvania SIP for the 1997 annual and the 2006
24-hour PM2.5 NAAQS in order to meet the requirements of
section 172(c)(3) of the CAA. EPA's analysis of the proposed actions is
provided in Section V. of today's proposed rulemaking action.
    EPA's proposed rulemaking actions are contingent upon the D.C.
Circuit Court granting EPA's motion to lift the stay of CSAPR. If the
D.C. Circuit Court does not lift the stay of CSAPR, EPA will reevaluate
the basis for approval of these proposed redesignations and repropose
actions if necessary before issuing the final rule.

IV. Effects of Recent Court Decisions on Proposed Actions

A. Effects of EME Homer City Decision

1. Background
    In 2008, the D.C. Circuit Court initially vacated CAIR, North
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded
the rule to EPA without vacatur to preserve the environmental benefits
provided by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir.
2008). On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit
Court's remand, EPA promulgated CSAPR, to address interstate transport
of emissions and resulting secondary air pollutants and to replace
CAIR.\1\ CSAPR requires substantial reductions of SO2 and
NOX emissions from electric generating units (EGUs) in 28
states in the Eastern United States. Implementation of CSAPR was
scheduled to begin on January 1, 2012, when CSAPR's cap-and-trade
programs would have superseded the CAIR cap-and-trade programs.
Numerous parties filed petitions for review of CSAPR, and on December
30, 2011, the D.C. Circuit Court issued an order staying CSAPR pending
resolution of the petitions and directing EPA to continue to administer
CAIR. EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir.
Dec. 30, 2011), Order at 2.
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    \1\ CAIR addressed the 1997 PM2.5 annual NAAQS and
the 1997 8-hour ozone NAAQS. CSAPR addresses contributions from
upwind states to downwind nonattainment and maintenance of the 2006
24-hour PM2.5 NAAQS as well as the ozone and
PM2.5 NAAQS addressed by CAIR.
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    On August 21, 2012, the D.C. Circuit Court issued its ruling,
vacating and remanding CSAPR to EPA and once again ordering continued
implementation of CAIR. EME Homer City Generation, L.P. v. EPA, 696
F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit Court subsequently denied
EPA's petition for rehearing en banc. EME Homer City Generation, L.P.
v. EPA, No. 11-1302, 2013 WL 656247 (D.C. Cir. Jan. 24, 2013), at *1.
EPA and other parties then petitioned the Supreme Court for a writ of
certiorari, and the Supreme Court granted the petitions on June 24,
2013. EPA v. EME Homer City Generation, L.P., 133 S. Ct. 2857 (2013).
    On April 29, 2014, the Supreme Court vacated and reversed the D.C.
Circuit Court's decision regarding CSAPR, and remanded that decision to
the D.C. Circuit Court to resolve remaining issues in accordance with
its ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584
(2014). Though CSAPR remains presently stayed by the D.C. Circuit
Court, EPA has moved to have that stay lifted in light of the Supreme
Court decision. EME Homer City Generation, L.P. v. EPA, Case No. 11-
1302, Document No. 1499505 (D.C. Cir. filed June 26, 2014). In its
motion, EPA asks the D.C. Circuit Court to toll CSAPR's compliance
deadlines by three years, so that the Phase 1 emissions budgets apply
in 2015 and 2016 (instead of 2012 and 2013), and the Phase 2 emissions
budgets apply in 2017 and beyond (instead of 2014 and beyond).
2. Proposal on This Issue
    EPA promulgated CAIR on May 12, 2005 (70 FR 25162), creating
regional cap-and-trade programs to reduce SO2 and
NOX emissions. CAIR applies to 27 eastern states, including
Pennsylvania, and the District of Columbia. EPA approved Pennsylvania's
SIP on December 10, 2009 (74 FR 65446) that addressed the requirements
of CAIR for the purpose of reducing SO2 and NOX
emissions and Pennsylvania's SIP redesignation requests list CAIR as a
control measure. CAIR was thus in place and getting emission reductions
in Pennsylvania and in states upwind of Pennsylvania when the Areas
began monitoring attainment of the 1997 annual and the 2006 24-hour
PM2.5 NAAQS. The quality-assured, certified monitoring data
used to demonstrate attainment of the Harrisburg and York Areas for the
1997 annual PM2.5 NAAQS by the April 5, 2010 attainment
deadline was impacted by CAIR. The Harrisburg-York Area that has
monitored attainment of the 2006 24-hour PM2.5 NAAQS was
also impacted by CAIR.
    Under the tolled compliance deadline schedule proposed by EPA in
its motion to lift the CSAPR stay, CAIR would sunset at the end of 2014
and be replaced by CSAPR beginning January 1, 2015. Provided that the
stay is lifted and EPA's tolled compliance deadlines are put in place,
the emission reductions associated with CAIR that helped the Areas
achieve attainment of the 1997 annual and the 2006 24-hour
PM2.5 NAAQS would be permanent and enforceable for purposes
of redesignation under section 107(d)(3)(E)(iii) of the CAA, because
CSAPR requires similar or greater emission reductions from relevant
upwind areas starting in 2015 and beyond.

B. Effect of the January 4, 2013 D.C. Circuit Court Decision Regarding
PM2.5 Implementation Under Subpart 4 of Part D of Title I of the CAA

1. Background
    On January 4, 2013, in NRDC v. EPA, the D.C. Circuit Court remanded
to EPA the ``Final Clean Air Fine Particle Implementation Rule'' (72 FR
20586, April 25, 2007) and the ``Implementation of the New Source
Review (NSR) Program for PM2.5'' final rule (73 FR 28321,
May 16, 2008) (collectively, ``1997 PM2.5 Implementation
Rule''). 706 F.3d 428 (D.C. Cir. 2013). The D.C. Circuit Court found
that EPA erred in implementing the 1997 annual PM2.5 NAAQS
pursuant to the general implementation provisions of subpart 1 of Part
D of Title I of the CAA (subpart 1), rather than the particulate-
matter-specific provisions of subpart 4 of Part D of Title I (subpart
4).
    Prior to the January 4, 2013 decision, the states had worked
towards meeting the air quality goals of the 1997 and 2006
PM2.5 NAAQS in accordance with EPA regulations and guidance
derived from subpart 1 of Part D of Title I of the CAA. In response to
the D.C. Circuit Court's remand, EPA took this history into account by
setting a new deadline for any remaining submissions that may be
required for moderate nonattainment areas as a result of the D.C.
Circuit Court's decision regarding the applicability of subpart 4 of
Part D of Title I of the CAA.
    On June 2, 2014 (79 FR 31566), EPA issued a final rule,
``Identification of Nonattainment Classification and Deadlines for
Submission of SIP Provisions for the 1997 and 2006 PM2.5
NAAQS'' (the PM2.5 Subpart 4 Classification and Deadline
Rule), which identifies the classification under subpart 4 for areas
currently designated nonattainment for the 1997 annual and/or 2006 24-
hour PM2.5 standards. The final rule sets a deadline for
states to submit attainment plans and meet other subpart 4
requirements. The final rules specifies December 31, 2014 as the
deadline for states to submit any additional attainment-related SIP
elements that may be needed to meet the applicable requirements of
subpart 4 for areas currently designated nonattainment for the 1997
PM2.5 and/or 2006 PM2.5 NAAQS and to submit SIPs
addressing the nonattainment new source review (NSR) requirements in
subpart 4.
    Therefore, as explained in detail in the following section, any
additional attainment-related SIP elements that may be needed for the
Areas to meet the applicable requirements of subpart 4

were not due at the time Pennsylvania submitted its redesignation
requests for the Areas. Pennsylvania submitted its requests for
redesignation for the Harrisburg and York Areas for the 1997
PM2.5 NAAQS and the Harrisburg-York Areas for the 2006 24-
hour PM2.5 NAAQS on April 22, 2014.
2. Proposal on This Issue
    In this proposed rulemaking action, EPA addresses the effect of the
D.C. Circuit Court's January 4, 2013 decision ruling and the June 2,
2014 PM2.5 Subpart 4 Classification and Deadline Rule on the
Areas redesignation requests. EPA is proposing to determine that the
D.C. Circuit Court's January 4, 2013 decision does not prevent EPA from
redesignating the Areas to attainment for the 1997 annual and the 2006
24-hour PM2.5 NAAQS. Even in light of the D.C. Circuit
Court's decision, redesignation for these Areas is appropriate under
the CAA and EPA's longstanding interpretations of the CAA's provisions
regarding redesignation. EPA first explains its longstanding
interpretation that requirements that are imposed, or that become due,
after a complete redesignation request is submitted for an area that is
attaining the standard, are not applicable for purposes of evaluating a
redesignation request. Second, EPA then shows that, even if EPA applies
the subpart 4 requirements to the redesignation requests of the Areas
and disregards the provisions of its 1997 PM2.5
Implementation Rule recently remanded by the D.C. Circuit Court,
Pennsylvania's request for redesignation of the Areas still qualifies
for approval. EPA's discussion takes into account the effect of the
D.C. Circuit Court's ruling and the June 2, 2014 PM2.5
Subpart 4 Classification and Deadline Rule on the maintenance plans of
the Areas, which EPA views as approvable when subpart 4 requirements
are considered.
a. Applicable Requirements Under Subpart 4 for Purposes of Evaluating
the Redesignation Requests of the Areas
    With respect to the 1997 PM2.5 Implementation Rule, the
D.C. Circuit Court's January 4, 2013 ruling rejected EPA's reasons for
implementing the PM2.5 NAAQS solely in accordance with the
provisions of subpart 1, and remanded that matter to EPA, so that it
could address implementation of the 1997 annual PM2.5 NAAQS
under subpart 4 of Part D of the CAA, in addition to subpart 1. For the
purposes of evaluating Pennsylvania's redesignation requests for the
Areas, to the extent that implementation under subpart 4 would impose
additional requirements for areas designated nonattainment, EPA
believes that those requirements are not ``applicable'' for the
purposes of section 107(d)(3)(E) of the CAA, and thus EPA is not
required to consider subpart 4 requirements with respect to the
redesignation of the Areas. Under its longstanding interpretation of
the CAA, EPA has interpreted section 107(d)(3)(E) to mean, as a
threshold matter, that the part D provisions which are ``applicable''
and which must be approved in order for EPA to redesignate an area
include only those which came due prior to a state's submittal of a
complete redesignation request. See 1992 Calcagni Memorandum. See also
``SIP Requirements for Areas Submitting Requests for Redesignation to
Attainment of the Ozone and Carbon Monoxide (CO) NAAQS on or after
November 15, 1992,'' Memorandum from Michael Shapiro, Acting Assistant
Administrator, Air and Radiation, September 17, 1993 (Shapiro
memorandum); Final Redesignation of Detroit-Ann Arbor, (60 FR 12459,
12465-66, March 7, 1995); Final Redesignation of St. Louis, Missouri,
(68 FR 25418, 25424-27, May 12, 2003); Sierra Club v. EPA, 375 F.3d
537, 541 (7th Cir. 2004) (upholding EPA's redesignation rulemaking
applying this interpretation and expressly rejecting Sierra Club's view
that the meaning of ``applicable'' under the statute is ``whatever
should have been in the plan at the time of attainment rather than
whatever actually was in the plan and already implemented or due at the
time of attainment'').\2\ In this case, at the time that Pennsylvania
submitted its redesignation requests for the 1997 and the 2006 24-hour
PM2.5 NAAQS, the requirements under subpart 4 were not due.
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    \2\ Applicable requirements of the CAA that come due subsequent
to the area's submittal of a complete redesignation request remain
applicable until a redesignation is approved, but are not required
as a prerequisite to redesignation. Section 175A(c) of the CAA.
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    EPA's view that, for purposes of evaluating the redesignation of
the Areas, the subpart 4 requirements were not due at the time
Pennsylvania submitted the redesignation requests is in keeping with
the EPA's interpretation of subpart 2 requirements for subpart 1 ozone
areas redesignated subsequent to the D.C. Circuit Court's decision in
South Coast Air Quality Mgmt. Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006). In South Coast, the D.C. Circuit Court found that EPA was not
permitted to implement the 1997 8-hour ozone standard solely under
subpart 1, and held that EPA was required under the statute to
implement the standard under the ozone-specific requirements of subpart
2 as well. Subsequent to the South Coast decision, in evaluating and
acting upon redesignation requests for the 1997 8-hour ozone standard
that were submitted to EPA for areas under subpart 1, EPA applied its
longstanding interpretation of the CAA that ``applicable
requirements,'' for purposes of evaluating a redesignation, are those
that had been due at the time the redesignation request was submitted.
See, e.g., Proposed Redesignation of Manitowoc County and Door County
Nonattainment Areas (75 FR 22047, 22050, April 27, 2010). In those
rulemaking actions, EPA therefore, did not consider subpart 2
requirements to be ``applicable'' for the purposes of evaluating
whether the area should be redesignated under section 107(d)(3)(E) of
the CAA.
    EPA's interpretation derives from the provisions of section
107(d)(3) of the CAA. Section 107(d)(3)(E)(v) states that, for an area
to be redesignated, a state must meet ``all requirements `applicable'
to the area under section 110 and part D.'' Section 107(d)(3)(E)(ii)
provides that EPA must have fully approved the ``applicable'' SIP for
the area seeking redesignation. These two sections read together
support EPA's interpretation of ``applicable'' as only those
requirements that came due prior to submission of a complete
redesignation request.
    First, holding states to an ongoing obligation to adopt new CAA
requirements that arose after the state submitted its redesignation
request, in order to be redesignated, would make it problematic or
impossible for EPA to act on redesignation requests in accordance with
the 18-month deadline Congress set for EPA action in section
107(d)(3)(D). If ``applicable requirements'' were interpreted to be a
continuing flow of requirements with no reasonable limitation, states,
after submitting a redesignation request, would be forced continuously
to make additional SIP submissions that in turn would require EPA to
undertake further notice-and-comment rulemaking actions to act on those
submissions. This would create a regime of unceasing rulemaking that
would delay action on the redesignation request beyond the 18-month
timeframe provided by the CAA for this purpose.
    Second, a fundamental premise for redesignating a nonattainment
area to attainment is that the area has attained the relevant NAAQS due
to emission reductions from existing controls. Thus, an area for which
a redesignation

request has been submitted would have already attained the NAAQS as a
result of satisfying statutory requirements that came due prior to the
submission of the request. Absent a showing that unadopted and
unimplemented requirements are necessary for future maintenance, it is
reasonable to view the requirements applicable for purposes of
evaluating the redesignation request as including only those SIP
requirements that have already come due. These are the requirements
that led to attainment of the NAAQS. To require, for redesignation
approval, that a state also satisfy additional SIP requirements coming
due after the state submits its complete redesignation request, and
while EPA is reviewing it, would compel the state to do more than is
necessary to attain the NAAQS, without a showing that the additional
requirements are necessary for maintenance.
    In the context of this redesignation, the timing and nature of the
D.C. Circuit Court's January 4, 2013 decision in NRDC v. EPA and EPA's
June 2, 2014 PM2.5 Subpart 4 Classification and Deadline
Rule, compound the consequences of imposing requirements that come due
after the redesignation request is submitted. Pennsylvania submitted
its redesignation requests for the 1997 annual and 2006 24-hour
PM2.5 NAAQS on April 22, 2014 for the Areas, which is prior
to the deadline by which the Areas are required to meet the attainment
plan and other requirements pursuant to subpart 4.
    To require Pennsylvania's fully-completed and pending redesignation
requests for the 1997 annual and 2006 24-hour PM2.5 NAAQS to
comply now with requirements of subpart 4 that the D.C. Circuit Court
announced only in January 2013 and for which the deadline to comply has
not yet come, would be to give retroactive effect to such requirements
and provide Pennsylvania a unique and earlier deadline for compliance
solely on the basis of submitting its redesignation requests for the
Areas. The D.C. Circuit Court recognized the inequity of this type of
retroactive impact in Sierra Club v. Whitman, 285 F.3d 63 (D.C. Cir.
2002),\3\ where it upheld the D.C. Circuit Court's ruling refusing to
make retroactive EPA's determination that the Areas did not meet their
attainment deadlines. In that case, petitioners urged the D.C. Circuit
Court to make EPA's nonattainment determination effective as of the
date that the statute required, rather than the later date on which EPA
actually made the determination. The D.C. Circuit Court rejected this
view, stating that applying it ``would likely impose large costs on
States, which would face fines and suits for not implementing air
pollution prevention plans . . . even though they were not on notice at
the time.'' Id. at 68. Similarly, it would be unreasonable to penalize
Pennsylvania by rejecting its redesignation requests for areas that are
already attaining the 1997 annual and 2006 24-hour PM2.5
NAAQS and that met all applicable requirements known to be in effect at
the time of the requests. For EPA now to reject the redesignation
requests solely because Pennsylvania did not expressly address subpart
4 requirements which have not yet come due and for which it had little
to no notice, would inflict the same unfairness condemned by the D.C.
Circuit Court in Sierra Club v. Whitman.
---------------------------------------------------------------------------

    \3\ Sierra Club v. Whitman was discussed and distinguished in a
recent D.C. Circuit Court decision that addressed retroactivity in a
quite different context, where, unlike the situation here, EPA
sought to give its regulations retroactive effect. National
Petrochemical and Refiners Ass'n v. EPA. 630 F.3d 145, 163 (D.C.
Cir. 2010), rehearing denied 643 F.3d 958 (D.C. Cir. 2011), cert
denied 132 S. Ct. 571 (2011).
---------------------------------------------------------------------------

b. Subpart 4 Requirements and Pennsylvania's Redesignation Requests
    Even if EPA were to take the view that the D.C. Circuit Court's
January 4, 2013 decision requires that, in the context of pending
redesignations for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS, subpart 4 requirements were due and in effect
at the time Pennsylvania submitted its redesignation requests, EPA
proposes to determine that the Areas still qualify for redesignation to
attainment for the 1997 annual and the 2006 24-hour PM2.5
NAAQS. As explained subsequently, EPA believes that the redesignation
request for the Areas, though not expressed in terms of subpart 4
requirements, substantively meet the requirements of that subpart for
purposes of redesignating the Areas to attainment for the 1997 annual
and the 2006 24-hour PM2.5 NAAQS.
    With respect to evaluating the relevant substantive requirements of
subpart 4 for purposes of redesignating the Areas, EPA notes that
subpart 4 incorporates components of subpart 1 of part D, which
contains general air quality planning requirements for areas designated
as nonattainment. See section 172(c). Subpart 4 itself contains
specific planning and scheduling requirements for coarse particulate
matter (PM10) \4\ nonattainment areas, and under the D.C.
Circuit Court's January 4, 2013 decision in NRDC v. EPA, these same
statutory requirements also apply for PM2.5 nonattainment
areas. EPA has longstanding general guidance that interprets the 1990
amendments to the CAA, making recommendations to states for meeting the
statutory requirements for SIPs for nonattainment areas. See, the
General Preamble. In the General Preamble, EPA discussed the
relationship of subpart 1 and subpart 4 SIP requirements, and pointed
out that subpart 1 requirements were to an extent ``subsumed by, or
integrally related to, the more specific PM10 requirements''
(57 FR 13538, April 16, 1992). The subpart 1 requirements include,
among other things, provisions for attainment demonstrations, RACM,
RFP, emissions inventories, and contingency measures.
---------------------------------------------------------------------------

    \4\ PM10 refers to particulates nominally 10
micrometers in diameter or smaller.
---------------------------------------------------------------------------

    For the purposes of these redesignation requests, in order to
identify any additional requirements which would apply under subpart 4,
consistent with EPA's June 2, 2014 PM2.5 Subpart 4
Classification and Deadline Rule, EPA is considering the Areas to be
``moderate'' PM2.5 nonattainment areas. As EPA explained in
its June 2, 2014 rule, section 188 of the CAA provides that all areas
designated nonattainment areas under subpart 4 are initially classified
by operation of law as ``moderate'' nonattainment areas, and remain
moderate nonattainment areas unless and until EPA reclassifies the area
as a ``serious'' nonattainment area. Accordingly, EPA believes that it
is appropriate to limit the evaluation of the potential impact of
subpart 4 requirements to those that would be applicable to moderate
nonattainment areas. Sections 189(a) and (c) of subpart 4 apply to
moderate nonattainment areas and include the following: (1) An approved
permit program for construction of new and modified major stationary
sources (section 189(a)(1)(A)); (2) an attainment demonstration
(section 189(a)(1)(B)); (3) provisions for RACM (section 189(a)(1)(C));
and (4) quantitative milestones demonstrating RFP toward attainment by
the applicable attainment date (section 189(c)).
    The permit requirements of subpart 4, as contained in section
189(a)(1)(A), refer to and apply the subpart 1 permit provisions
requirements of sections 172 and 173 to PM10, without adding
to them. Consequently, EPA believes that section 189(a)(1)(A) does not
itself impose for redesignation purposes any additional requirements
for moderate areas beyond those contained in subpart

1.\5\ In any event, in the context of redesignation, EPA has long
relied on the interpretation that a fully approved nonattainment NSR
program is not considered an applicable requirement for redesignation,
provided the area can maintain the standard with a prevention of
significant deterioration (PSD) program after redesignation. A detailed
rationale for this view is described in a memorandum from Mary Nichols,
Assistant Administrator for Air and Radiation, dated October 14, 1994,
entitled, ``Part D NSR Requirements for Areas Requesting Redesignation
to Attainment.'' See also rulemakings for Detroit, Michigan (60 FR
12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458,
20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, October
23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June 21,
1996).
---------------------------------------------------------------------------

    \5\ The potential effect of section 189(e) on section
189(a)(1)(A) for purposes of evaluating this redesignation is
discussed in this rulemaking action.
---------------------------------------------------------------------------

    With respect to the specific attainment planning requirements under
subpart 4,\6\ when EPA evaluates a redesignation request under either
subpart 1 or 4, any area that is attaining the PM2.5 NAAQS
is viewed as having satisfied the attainment planning requirements for
these subparts. For redesignations, EPA has for many years interpreted
attainment-linked requirements as not applicable for areas attaining
the standard. In the General Preamble, EPA stated that: ``The
requirements for RFP will not apply in evaluating a request for
redesignation to attainment since, at a minimum, the air quality data
for the area must show that the area has already attained. Showing that
the State will make RFP towards attainment will, therefore, have no
meaning at that point.''
---------------------------------------------------------------------------

    \6\ EPA refers to attainment demonstration, RFP, RACM, milestone
requirements, and contingency measures.
---------------------------------------------------------------------------

    The General Preamble also explained that: ``[t]he section 172(c)(9)
requirements are directed at ensuring RFP and attainment by the
applicable date. These requirements no longer apply when an area has
attained the standard and is eligible for redesignation. Furthermore,
section 175A for maintenance plans . . . provides specific requirements
for contingency measures that effectively supersede the requirements of
section 172(c)(9) for these areas.'' Id. EPA similarly stated in its
1992 Calcagni Memorandum that, ``The requirements for reasonable
further progress and other measures needed for attainment will not
apply for redesignations because they only have meaning for areas not
attaining the standard.''
    It is evident that even if we were to consider the D.C. Circuit
Court's January 4, 2013 decision in NRDC v. EPA to mean that
attainment-related requirements specific to subpart 4 should be imposed
retroactively \7\ or prior to December 31, 2014 and thus, were due
prior to Pennsylvania's redesignation requests, those requirements do
not apply to areas that are attaining the 1997 annual and the 2006 24-
hour PM2.5 NAAQS, for the purpose of evaluating pending
requests to redesignate the areas to attainment. EPA has consistently
enunciated this interpretation of applicable requirements under section
107(d)(3)(E) since the General Preamble was published more than twenty
years ago. Courts have recognized the scope of EPA's authority to
interpret ``applicable requirements'' in the redesignation context. See
Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).
---------------------------------------------------------------------------

    \7\ As EPA has explained above, we do not believe that the D.C.
Circuit Court's January 4, 2013 decision should be interpreted so as
to impose these requirements on the states retroactively. Sierra
Club v. Whitman, supra.
---------------------------------------------------------------------------

    Moreover, even outside the context of redesignations, EPA has
viewed the obligations to submit attainment-related SIP planning
requirements of subpart 4 as inapplicable for areas that EPA determines
are attaining the1997 annual and 2006 24-hour PM2.5 NAAQS.
EPA's prior ``Clean Data Policy'' rulemakings for the PM10
NAAQS, also governed by the requirements of subpart 4, explain EPA's
reasoning. They describe the effects of a determination of attainment
on the attainment-related SIP planning requirements of subpart 4. See
``Determination of Attainment for Coso Junction Nonattainment Area,''
(75 FR 27944, May 19, 2010). See also Coso Junction Proposed
PM10 Redesignation, (75 FR 36023, 36027, June 24, 2010);
Proposed and Final Determinations of Attainment for San Joaquin
Nonattainment Area (71 FR 40952, 40954-55, July 19, 2006; and 71 FR
63641, 63643-47, October 30, 2006). In short, EPA in this context has
also long concluded that to require states to meet superfluous SIP
planning requirements is not necessary and not required by the CAA, so
long as those areas continue to attain the relevant NAAQS.
    Elsewhere in this document, EPA determined that the Areas have
attained and continue to attain the 1997 annual and the 2006 24-hour
PM2.5 NAAQS. Under its longstanding interpretation, EPA is
proposing to determine here that the Areas meet the attainment-related
plan requirements of subparts 1 and 4 for the 1997 annual and the 2006
24-hour PM2.5 NAAQS. Thus, EPA is proposing to conclude that
the requirements to submit an attainment demonstration under
189(a)(1)(B), a RACM determination under section 172(c)(1) and section
189(a)(1)(c), a RFP demonstration under 189(c)(1), and contingency
measure requirements under section 172(c)(9) are satisfied for purposes
of evaluating these redesignation requests.
c. Subpart 4 and Control of PM2.5 Precursors
    The D.C. Circuit Court in NRDC v. EPA remanded to EPA the two rules
at issue in the case with instructions to EPA to re-promulgate them
consistent with the requirements of subpart 4. EPA in this section
addresses the D.C. Circuit Court's opinion with respect to
PM2.5 precursors. While past implementation of subpart 4 for
PM10 has allowed for control of PM10 precursors
such as NOX from major stationary, mobile, and area sources
in order to attain the standard as expeditiously as practicable,
section 189(e) of the CAA specifically provides that control
requirements for major stationary sources of direct PM10
shall also apply to PM10 precursors from those sources,
except where EPA determines that major stationary sources of such
precursors ``do not contribute significantly to PM10 levels
which exceed the standard in the area.''
    EPA's 1997 PM2.5 Implementation Rule, remanded by the
D.C. Circuit Court, contained rebuttable presumptions concerning
certain PM2.5 precursors applicable to attainment plans and
control measures related to those plans. Specifically, in 40 CFR
51.1002, EPA provided, among other things, that a state was ``not
required to address VOC [and NH3] as . . . PM2.5
attainment plan precursor[s] and to evaluate sources of VOC [and
NH3] emissions in the State for control measures.'' EPA
intended these to be rebuttable presumptions. EPA established these
presumptions at the time because of uncertainties regarding the
emission inventories for these pollutants and the effectiveness of
specific control measures in various regions of the country in reducing
PM2.5 concentrations. EPA also left open the possibility for
such regulation of VOC and NH3 in specific areas where that
was necessary.
    The D.C. Circuit Court in its January 4, 2013 decision made
reference to both section 189(e) and 40 CFR 51.1002, and stated that,
``In light of our disposition, we need not address the petitioners'
challenge to the presumptions in [40 CFR 51.1002] that VOCs and
NH3 are

not PM2.5 precursors, as subpart 4 expressly governs
precursor presumptions.'' NRDC v. EPA, at 27, n.10.
    Elsewhere in the D.C. Circuit Court's opinion, however, the D.C.
Circuit Court observed: ``NH3 is a precursor to fine
particulate matter, making it a precursor to both PM2.5 and
PM10. For a PM10 nonattainment area governed by
subpart 4, a precursor is presumptively regulated. See 42 U.S.C.
7513a(e) [section 189(e)].'' Id. at 21, n.7.
    For a number of reasons, EPA believes that its proposed
redesignation of the Areas for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS are consistent with the D.C. Circuit Court's
decision on this aspect of subpart 4. While the D.C. Circuit Court,
citing section 189(e), stated that ``for a PM10 area
governed by subpart 4, a precursor is `presumptively' regulated,'' the
D.C. Circuit Court expressly declined to decide the specific challenge
to EPA's 1997 PM2.5 Implementation Rule provisions regarding
NH3 and VOC as precursors. The D.C. Circuit Court had no
occasion to reach whether and how it was substantively necessary to
regulate any specific precursor in a particular PM2.5
nonattainment area, and did not address what might be necessary for
purposes of acting upon a redesignation request.
    However, even if EPA takes the view that the requirements of
subpart 4 were deemed applicable at the time the state submitted the
redesignation request, and disregards the 1997 PM2.5
Implementation Rule's rebuttable presumptions regarding NH3
and VOC as PM2.5 precursors, the regulatory consequence
would be to consider the need for regulation of all precursors from any
sources in the Areas to demonstrate attainment and to apply the section
189(e) provisions to major stationary sources of precursors. In the
case of the Areas, EPA believes that doing so is consistent with
proposing redesignation of the Areas for the 1997 annual and the 2006
24-hour PM2.5 NAAQS. The Areas have attained the 1997 annual
and the 2006 24-hour PM2.5 NAAQS without any specific
additional controls of NH3 and VOC emissions from any
sources in the Areas.
    Precursors in subpart 4 are specifically regulated under the
provisions of section 189(e), which requires, with important
exceptions, control requirements for major stationary sources of
PM10 precursors.\8\ Under subpart 1 and EPA's prior
implementation rule, all major stationary sources of PM2.5
precursors were subject to regulation, with the exception of
NH3 and VOC. Thus EPA must address here whether additional
controls of NH3 and VOC from major stationary sources are
required under section 189(e) of subpart 4 in order to redesignate the
Areas for the 1997 annual and the 2006 24-hour PM2.5 NAAQS.
As explained subsequently, EPA does not believe that any additional
controls of NH3 and VOC are required in the context of these
redesignations.
---------------------------------------------------------------------------

    \8\ Under either subpart 1 or subpart 4, for purposes of
demonstrating attainment as expeditiously as practicable, a state is
required to evaluate all economically and technologically feasible
control measures for direct PM emissions and precursor emissions,
and adopt those measures that are deemed reasonably available.
---------------------------------------------------------------------------

    In the General Preamble, EPA discusses its approach to implementing
section 189(e). See 57 FR 13538-13542. With regard to precursor
regulation under section 189(e), the General Preamble explicitly stated
that control of VOC under other CAA requirements may suffice to relieve
a state from the need to adopt precursor controls under section 189(e).
See 57 FR 13542. EPA in this rulemaking action, proposes to determine
that the Pennsylvania SIP revisions have met the provisions of section
189(e) with respect to NH3 and VOC as precursors. These
proposed determinations are based on EPA's findings that: (1) The Areas
contain no major stationary sources of NH3, and (2) existing
major stationary sources of VOC are adequately controlled under other
provisions of the CAA regulating the ozone NAAQS.\9\ In the
alternative, EPA proposes to determine that, under the express
exception provisions of section 189(e), and in the context of the
redesignation of the Areas, which are attaining the 1997 annual and the
2006 24-hour PM2.5 NAAQS, at present NH3 and VOC
precursors from major stationary sources do not contribute
significantly to levels exceeding the 1997 annual and the 2006 24-hour
PM2.5 NAAQS in the Areas. See 57 FR 13539-42.
---------------------------------------------------------------------------

    \9\ The Areas have reduced VOC emissions through the
implementation of various control programs including VOC Reasonably
Available Control Technology (RACT) regulations and various on-road
and non-road motor vehicle control programs.
---------------------------------------------------------------------------

    EPA notes that its 1997 PM2.5 Implementation Rule
provisions in 40 CFR 51.1002 were not directed at evaluation of
PM2.5 precursors in the context of redesignation, but at SIP
plans and control measures required to bring a nonattainment area into
attainment of the 1997 annual PM2.5 NAAQS. By contrast,
redesignation to attainment primarily requires the nonattainment area
to have already attained due to permanent and enforceable emission
reductions, and to demonstrate that controls in place can continue to
maintain the standard. Thus, even if we regard the D.C. Circuit Court's
January 4, 2013 decision as calling for ``presumptive regulation'' of
NH3 and VOC for PM2.5 under the attainment
planning provisions of subpart 4, those provisions in and of themselves
do not require additional controls of these precursors for an area that
already qualifies for redesignation. Nor does EPA believe that
requiring Pennsylvania to address precursors differently than it has
already would result in a substantively different outcome.
    Although, as EPA has emphasized, its consideration here of
precursor requirements under subpart 4 is in the context of a
redesignation to attainment, EPA's existing interpretation of subpart 4
requirements with respect to precursors in attainment plans for
PM10 contemplates that states may develop attainment plans
that regulate only those precursors that are necessary for purposes of
attainment in the area in question, i.e., states may determine that
only certain precursors need be regulated for attainment and control
purposes.\10\ Courts have upheld this approach to the requirements of
subpart 4 for PM10.\11\ EPA believes that application of
this approach to PM2.5 precursors under subpart 4 is
reasonable. Because the Areas have already attained the 1997 annual and
the 2006 24-hour PM2.5 NAAQS with its current approach to
regulation of PM2.5 precursors, EPA believes that it is
reasonable to conclude in the context of these redesignations that
there is no need to revisit the attainment control strategy with
respect to the treatment of precursors. Even if the D.C. Circuit
Court's decision is construed to impose an obligation, in evaluating
these redesignation requests, to consider additional precursors under
subpart 4, it would not affect EPA's approval here of Pennsylvania's
requests for redesignation of the Areas for the 1997 annual and the
2006 24-hour PM2.5 NAAQS. In the context of a redesignation,
the Areas have shown that they have attained the standards. Moreover,
Pennsylvania has shown and EPA has proposed to determine that

attainment of the 1997 annual and the 2006 24-hour PM2.5
NAAQS in these Areas are due to permanent and enforceable emissions
reductions on all precursors necessary to provide for continued
attainment of the standards. See Section V.A.3 of this rulemaking
notice. It follows logically that no further control of additional
precursors is necessary. Accordingly, EPA does not view the January 4,
2013 decision of the D.C. Circuit Court as precluding redesignation of
the Areas to attainment for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS at this time.
---------------------------------------------------------------------------

    \10\ See, e.g., ``Approval and Promulgation of Implementation
Plans for California--San Joaquin Valley PM10
Nonattainment Area; Serious Area Plan for Nonattainment of the 24-
Hour and Annual PM10 Standards,'' (69 FR 30006, May 26,
2004) (approving a PM10 attainment plan that impose
controls on direct PM10 and NOX emissions and
did not impose controls on SO2, VOC, or NH3
emissions).
    \11\ See, e.g., Assoc. of Irritated Residents v. EPA et al., 423
F.3d 989 (9th Cir. 2005).
---------------------------------------------------------------------------

    In summary, even if, prior to the date of the redesignation request
submittal, Pennsylvania was required to address precursors for the
Areas under subpart 4 rather than under subpart 1, as interpreted in
EPA's remanded 1997 PM2.5 Implementation Rule, EPA would
still conclude that the Areas had met all applicable requirements for
purposes of redesignation in accordance with section 107(d)(3(E)(ii)
and (v) of the CAA.

V. EPA's Analysis of Pennsylvania's SIP Submittals

    EPA is proposing, contingent upon the D.C. Circuit Court's lifting
of the stay of CSAPR, several rulemaking actions for the Harrisburg-
Lebanon-Carlisle-York nonattainment areas: (1) To redesignate the
Harrisburg and York Areas to attainment for the 1997 annual
PM2.5 NAAQS, and to redesignate the Harrisburg-York Area to
attainment for the 2006 24-hour PM2.5 NAAQS; (2) to approve
into the Pennsylvania SIP, the associated maintenance plans for the
1997 annual and the 2006 24-hour PM2.5 NAAQS; and (3) to
approve the 2007 comprehensive emissions inventory into the
Pennsylvania SIP to satisfy section 172(c)(3) of the CAA requirement
for the Areas, one of the criteria for redesignation. EPA's proposed
approvals of the redesignation requests and maintenance plans for the
1997 annual and the 2006 24-hour PM2.5 NAAQS are based upon
EPA's determination that the Areas continue to attain the 1997 annual
and the 2006 24-hour PM2.5 NAAQS, which EPA is proposing in
this rulemaking action, and that all other redesignation criteria have
been met for the Areas. In addition, EPA is proposing to approve the
2017 and 2025 MVEBs for Cumberland, Dauphin, Lebanon and York Counties,
Pennsylvania for transportation conformity purposes. The following is a
description of how the Pennsylvania April 22, 2014 submittals satisfy
the requirements of section 107(d)(3)(E) of the CAA for the 1997 annual
and the 2006 24-hour PM2.5 NAAQS.

A. Redesignation Requests

1. Attainment
    As noted previously, in the final rulemaking action dated July 29,
2011 (76 FR 45424), EPA determined that the Harrisburg and York
nonattainment areas had attained the 1997 annual PM2.5 NAAQS
by its applicable attainment date. EPA based this determination of
attainment upon complete, quality-assured and certified ambient air
quality monitoring data for the period of 2007-2009 showing that the
Areas had attained the 1997 annual PM2.5 NAAQS. Further
discussion of pertinent air quality issues underlying this
determination was provided in the July 29, 2011 final rulemaking action
for EPA's determination of attainment for these Areas.
    Also noted previously, in the final rulemaking action dated March
29, 2012 (77 FR 18922), EPA determined that the Harrisburg-York Area
had clean data for the 2006 24-hour PM2.5 NAAQS. EPA based
this determination upon complete, quality assured, quality controlled,
and certified ambient air monitoring data showing that the Area has
monitored attainment of the 2006 24-hour PM2.5 NAAQS based
on the 2008-2010 data in EPA's Air Quality System (AQS) database.
    EPA has reviewed the ambient air quality PM2.5
monitoring data in the Areas consistent with the requirements contained
at 40 CFR part 50, and recorded in EPA's AQS database. To support the
previous determination of attainment of the Areas, EPA has also
reviewed more recent data in its AQS database, including certified,
quality-assured data for the period from 2008-2010, 2009-2011, 2010-
2012 and 2011-2013. These data, shown in Tables 1, 2, and 3 show that
the Areas continue to attain the 1997 annual and the 2006 24-hour
PM2.5 NAAQS. In addition, as discussed subsequently with
respect to the maintenance plans, PADEP has committed to continue
monitoring ambient PM2.5 concentrations in accordance with
40 CFR part 58. Thus, EPA is proposing to determine that the Areas
continue to attain the 1997 annual and the 2006 24-hour
PM2.5 NAAQS, contingent upon the DC Circuit Court's lifting
the stay of CSAPR.

Table 1--Design Values for the Harrisburg Area for the 1997 Annual PM2.5 NAAQS ([mu]g/m\3\) for 2008-2010, 2009-
                                 2011, 2010-2012, and 2011-2013 (15 [mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
                  Monitor ID #                       2008-2010       2009-2011       2010-2012       2011-2013
----------------------------------------------------------------------------------------------------------------
Cumberland 42-041-0101..........................            11.6            11.0            11.0            11.0
Dauphin 42-043-0401.............................            12.4            12.1            11.9            11.9
----------------------------------------------------------------------------------------------------------------

 Table 2--Design Values for the York Area for the 1997 Annual PM2.5 NAAQS ([mu]g/m\3\) for 2008-2010, 2009-2011,
                                    2010-2012, and 2011-2013 (15 [mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
                  Monitor ID #                       2008-2010       2009-2011       2010-2012       2011-2013
----------------------------------------------------------------------------------------------------------------
Hill Street 42-133-0008.........................            12.2            11.5            11.7            11.3
----------------------------------------------------------------------------------------------------------------

Table 3--Design Values for the Harrisburg/York Area for the 2006 24-Hour PM2.5 NAAQS ([mu]g/m\3\) for 2008-2010,
                               2009-2011, 2010-2012, and 2011-2013 (35 [mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
                  Monitor ID #                       2008-2010       2009-2011       2010-2012       2011-2013
----------------------------------------------------------------------------------------------------------------
Cumberland 42-041-0101..........................              32              31              30              32
Dauphin 42-043-0401.............................              33              32              31              31
York 42-133-0008................................              30              28              29              29
----------------------------------------------------------------------------------------------------------------

2. The Areas Have Met All Applicable Requirements Under Section 110 and
Subpart 1 of the CAA and Have a Fully Approved SIP Under Section 110(k)
of the CAA
    In accordance with section 107(d)(3)(E)(v) of the CAA, the SIP
revisions for the 1997 annual and the 2006 24-hour PM2.5
NAAQS for the Areas must be fully approved under section 110(k) of the
CAA and all the requirements applicable to the Areas under section 110
of the CAA (general SIP requirements) and part D of Title I of the CAA
(SIP requirements for nonattainment areas) must be met.
a. Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general
requirements for a SIP, which include enforceable emissions limitations
and other control measures, means, or techniques, provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality, and programs to enforce the limitations.
The general SIP elements and requirements set forth in section
110(a)(2) of the CAA include, but are not limited to the following: (1)
Submittal of a SIP that has been adopted by the state after reasonable
public notice and hearing; (2) provisions for establishment and
operation of appropriate procedures needed to monitor ambient air
quality; (3) implementation of a source permit program; provisions for
the implementation of part C requirements (PSD); (4) provisions for the
implementation of part D requirements for NSR permit programs; (5)
provisions for air pollution modeling; and (6) provisions for public
and local agency participation in planning and emission control rule
development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain certain
measures to prevent sources in a state from significantly contributing
to air quality problems in another state. To implement this provision,
EPA has required certain states to establish programs to address the
interstate transport of air pollutants in accordance with the
NOX SIP Call (63 FR 57356, October 27, 1998), amendments to
the NOX SIP Call (64 FR 26298, May 14, 1999 and 65 FR 11222,
March 2, 2000), and CAIR (70 FR 25162, May 12, 2005). However, section
110(a)(2)(D) of the CAA requirements for a state are not linked with a
particular nonattainment area's designation and classification in that
state. EPA believes that the requirements linked with a particular
nonattainment area's designation and classifications are the relevant
measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state. Thus, EPA does not believe that these requirements
are applicable requirements for purposes of redesignation.
    In addition, EPA believes that the other section 110(a)(2) elements
of the CAA not connected with nonattainment plan submissions and not
linked with an area's attainment status are not applicable requirements
for purposes of redesignation. The Areas will still be subject to these
requirements after it is redesignated. EPA concludes that section
110(a)(2) of the CAA and part D requirements which are linked with a
particular area's designation and classification are the relevant
measures to evaluate in reviewing a redesignation request, and that
section 110(a)(2) elements of the CAA not linked in the area's
nonattainment status are not applicable for purposes of redesignation.
This approach is consistent with EPA's existing policy on applicability
of conformity (i.e., for redesignations) and oxygenated fuels
requirement. See Reading, Pennsylvania, proposed and final rulemakings
(61 FR 53174, October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-
Akron-Lorain, Ohio final rulemaking (61 FR 20458, May 7, 1996); and
Tampa, Florida final rulemaking (60 FR 62748, December 7, 1995). See
also the discussion on this issue in the Cincinnati, Ohio redesignation
(65 FR 37890, June 19, 2000) and in the Pittsburgh, Pennsylvania
redesignation (66 FR 53099, October 19, 2001).
    EPA has reviewed the Pennsylvania SIP and has concluded that it
meets the general SIP requirements under section 110(a)(2) of the CAA
to the extent they are applicable for purposes of redesignation. EPA
has previously approved provisions of Pennsylvania's SIP addressing
section 110(a)(2) requirements, including provisions addressing
PM2.5. See 77 FR 58955 (September 25, 2012). These
requirements are, however, statewide requirements that are not linked
to the PM2.5 nonattainment status of the Areas. Therefore,
EPA believes that these SIP elements are not applicable requirements
for purposes of review of Pennsylvania's PM2.5 redesignation
requests.
b. Subpart 1 Requirements
    Subpart 1 sets forth the basic nonattainment plan requirements
applicable to PM2.5 nonattainment areas. Under section 172
of the CAA, states with nonattainment areas must submit plans providing
for timely attainment and meet a variety of other requirements. The
General Preamble for Implementation of Title I discusses the evaluation
of these requirements in the context of EPA's consideration of a
redesignation request. The General Preamble sets forth EPA's view of
applicable requirements for purposes of evaluating redesignation
requests when an area is attaining the standard. See 57 FR 13498 (April
16, 1992).
    As noted previously, EPA has determined that the Areas have
attained the 1997 annual and the 2006 24-hour PM2.5 NAAQS.
Pursuant to 40 CFR 51.2004(c), the requirement for Pennsylvania to
submit, for the Areas, attainment demonstrations and associated RACM,
RFP plans, contingency measures, and other planning SIPs related to the
attainment of the 1997 annual and the 2006 24-hour PM2.5
NAAQS are suspended until the Areas are redesignated to attainment for
the standards, or EPA determines that the Areas again violated the
standards, at which time such plans are required to be submitted. Since
attainment had been reached for the Areas for the 1997 annual and the
2006 24-hour PM2.5 NAAQS and the Areas continue to attain
the standards, no additional measures are needed to provide for
attainment. Therefore, the requirements of sections 172(c)(1),
172(c)(2), 172(c)(6), and 172(c)(9) of the CAA are no longer considered
to be applicable for purposes of redesignation of the Areas for the
1997 annual and the 2006 24-hour PM2.5 NAAQS.
    The requirement under section 172(c)(3) was not suspended by EPA's
clean data determination for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS and is the only remaining requirement under
section 172 of the CAA to be considered for purposes of redesignation
of the Areas.
    Section 172(c)(3) of the CAA requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. As
part of Pennsylvania's redesignation request submittals, Pennsylvania
submitted a 2007 base year emissions inventory for the Areas for the
1997 annual and the 2006 24-hour PM2.5 NAAQS which includes
emissions estimates that cover the general source categories of point
sources, nonroad mobile sources, area sources and on-road mobile
sources. The pollutants that comprise the inventory are NOX,
VOC, PM2.5, NH3, and SO2.

    In this rulemaking action, EPA is proposing to approve the 2007
base year emissions inventory in accordance with section 172(c)(3) of
the CAA for the Areas. Final approval of the 2007 base year emissions
inventory will satisfy the emissions inventory requirement under
section 172(c)(3) of the CAA. For more information on the evaluation
and EPA's analysis of the 2007 base year emissions inventory, see
Appendices B and C of Pennsylvania's submittals and the emissions
inventory technical support documents (TSDs) dated August 13, 2014
available on line at www.regulations.gov, Docket ID No. EPA-OAR-R03-
2014-0525. The summaries of the 2007 base year emissions inventory in
tons per year (tpy) are shown in Tables 4, 5, and 6.

                                                Table 4--Harrisburg Area 2007 Emissions by Source Sector
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Sector                                PM10            PM2.5            NOX             SO2             NH3             VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           1,260             584           4,786           1,808              17             840
Area....................................................           8,944           3,059           2,194           3,216           6,935           8,768
Nonroad.................................................             369             346           4,443             188               4           4,489
Onroad..................................................           1,013             866          25,194             175             347           8,220
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          11,586           4,855          36,617           5,388           7,302          22,317
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                   Table 5--York Area 2007 Emissions by Source Sector
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Sector                                PM10            PM2.5            NOX             SO2             NH3             VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           3,556           2,462          22,164         115,901              80           1,320
Area....................................................           8,093           2,394           1,680           1,684           3,316           5,956
Nonroad.................................................             214             202           2,660             135               2           1,833
Onroad..................................................             430             358          10,684              78             161           4,810
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          12,292           5,417          37,189         117,798           3,559          13,920
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                              Table 6--Harrisburg-York Area 2007 Emissions by Source Sector
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Sector                                PM10            PM2.5            NOX             SO2             NH3             VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           4,815           3,046          26,950         117,709              96           2,160
Area....................................................          17,037           5,452           3,874           4,900          10,250          14,724
Nonroad.................................................             582             548           7,104             323               6           6,322
Onroad..................................................           1,443           1,225          35,878             254             509          13,030
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          23,878          10,271          73,806         123,185          10,861          36,236
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Section 172(c)(4) of the CAA requires the identification and
quantification of allowable emissions for major new and modified
stationary sources in an area, and section 172(c)(5) of the CAA
requires source permits for the construction and operation of new and
modified major stationary sources anywhere in the nonattainment area.
EPA has determined that, since the PSD requirements will apply after
redesignation, areas being redesignated need not comply with the
requirement that a nonattainment NSR program be approved prior to
redesignation, provided that the area demonstrates maintenance of the
NAAQS without part D NSR. A more detailed rationale for this view is
described in a memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation, dated October 14, 1994 entitled, ``Part D NSR
Requirements for Areas Requesting Redesignation to Attainment.''
Nevertheless, Pennsylvania currently has an approved NSR program,
codified in the State's regulation at 25 Pa. Code 127.201. See 77 FR
41276 (July 13, 2012) (approving NSR program into the SIP). See also 49
FR 33127 (August 21, 1984) (approving Pennsylvania's PSD program).
However, Pennsylvania's PSD program for the 1997 annual and the 2006
24-hour PM2.5 NAAQS will become effective in the Areas upon
redesignation to attainment. See 49 FR 33128 (August 21, 1984)
(approving PSD program into the SIP).
    Section 172(c)(7) of the CAA requires the SIP to meet the
applicable provisions of section 110(a)(2) of the CAA. As noted
previously, EPA believes the Pennsylvania SIP revisions meet the
requirements of section 110(a)(2) of the CAA that are applicable for
purposes of redesignation.
    Section 175A of the CAA requires a state seeking redesignation to
attainment to submit a SIP revision to provide for the maintenance of
the NAAQS in the area ``for at least 10 years after the
redesignation.'' In conjunction with its request to redesignate the
Area to attainment status, Pennsylvania submitted SIP revisions to
provide for maintenance of the 1997 annual and the 2006 24-hour
PM2.5 NAAQS in the Areas for at least 10 years after
redesignation, through 2025. Pennsylvania is requesting that EPA
approve these SIP revisions as meeting the requirement of section 175A
of the CAA. Once approved, the maintenance plans for the Areas will
ensure that the SIPs for Pennsylvania meet the requirements of the CAA
regarding maintenance of the 1997 annual and the 2006 24-hour
PM2.5 NAAQS for the Areas. EPA's analysis of the maintenance
plan is provided in Section V.B. of today's proposed rulemaking action.
    Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects developed, funded or approved under Title 23 of
the United States Code (U.S.C.) and the Federal Transit Act

(transportation conformity) as well as to all other Federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
which EPA promulgated pursuant to its authority under the CAA. EPA
approved Pennsylvania's transportation conformity SIP requirements on
April 29, 2009 (74 FR 19541).
    Thus, for purposes of redesignating the Areas to attainment for the
1997 annual and the 2006 24-hour PM2.5 NAAQS, EPA determines
that upon final approval of the 2007 comprehensive emissions inventory
as proposed in this rulemaking action, the Areas will meet all
applicable SIP requirements under part D of Title I of the CAA for
purposes of redesignating the Areas to attainment for the 1997 annual
and the 2006 24-hour PM2.5 NAAQS.
c. Pennsylvania Has a Fully Approved Applicable SIP Under Section
110(k) of the CAA
    Upon final approval of the 2007 comprehensive emissions inventory
proposed in this rulemaking action, EPA will have fully SIP-approved
all applicable requirements of the Pennsylvania SIP revisions for the
Areas for purposes of redesignaton to attainment for the 1997 annual
and the 2006 24-hour PM2.5 NAAQS in accordance with section
110(k) of the CAA. As noted in this rulemaking action, EPA is proposing
to approve the Areas' 2007 emissions inventory (submitted as part of
the maintenance plans) as meeting the requirement of section 172(c)(3)
of the CAA for the 1997 annual and the 2006 24-hour PM2.5
NAAQS. Therefore, upon approval of the 2007 emissions inventory, EPA
will have satisfied all applicable requirements under part D of Title I
of the CAA for the Areas.
3. Permanent and Enforceable Reductions in Emissions
    As required by section 107(d)(3)(E)(iii) of the CAA, EPA is
proposing to determine that Pennsylvania has demonstrated that the air
quality improvement in the Areas is due to permanent and enforceable
reductions in emissions resulting from implementation of the SIP and
applicable Federal air pollution control regulations and other
permanent and enforceable reductions.\12\ In making this demonstration,
Pennsylvania has calculated the change in emissions between 2002 for
the Harrisburg Area and 2005 for the York and Harrisburg-York Areas,
which are years used to designate the Areas as nonattainment, and 2007,
which is one of the years the Areas monitored attainment, as shown in
Tables 7, 8, and 9. The reduction in emissions in tons per year, and
the corresponding improvement in air quality from 2002 and 2005 to 2007
in the Areas can be attributed to a number of regulatory control
measures that have been implemented in the Areas and contributing areas
in recent years. For more information on EPA's analysis of the 2002,
2005, and 2007 emissions inventories, see EPA's emissions inventory
TSDs dated August 13, 2014, available in the docket for this proposed
rulemaking action at www.regulations.gov. Docket ID No. EPA-OAR-RO3-
2014-0525.
---------------------------------------------------------------------------

    \12\ It should be noted that the mobile source controls
discussed in this section also provide reductions in VOC and/or
SO2 emissions. While those emissions may be reduced, the
submitted maintenance plan and redesignation request do not rely on
these emission reductions.

         Table 7--Emission Reductions From 2002 Base Year to 2007 Attainment Year in the Harrisburg Area
----------------------------------------------------------------------------------------------------------------
                                                 Sector                2002            2007         Reductions
----------------------------------------------------------------------------------------------------------------
PM2.5.................................  Stationary Point........             490             584             -94
                                        Area....................           3,935           3,059             876
                                        Highway Vehicle.........           1,053             866             187
                                        Nonroad.................             377             346              31
                                                                 -----------------------------------------------
                                           Total................           5,855           4,855           1,000
                                                                 -----------------------------------------------
NOX...................................  Stationary Point........           6,048           4,786           1,262
                                        Area....................           2,126           2,194             -68
                                        Highway Vehicle.........          33,823          25,194           8,630
                                        Nonroad.................           5,247           4,443             804
                                                                 -----------------------------------------------
                                           Total................          47,244          36,617          10,627
                                                                 -----------------------------------------------
SO2...................................  Stationary Point........           1,875           1,808              67
                                        Area....................           2,983           3,216            -232
                                        Highway Vehicle.........             694             175             518
                                        Nonroad.................             414             188             226
                                                                 -----------------------------------------------
                                           Total................           5,967           5,388             579
                                                                 -----------------------------------------------
VOC...................................  Stationary Point........           1,082             840             242
                                        Area....................          10,633           8,768           1,866
                                        Highway Vehicle.........           9,940           8,220           1,720
                                        Nonroad.................           5,120           4,489             631
                                                                 -----------------------------------------------
                                           Total................          26,776          22,317           4,459
                                                                 -----------------------------------------------
NH3...................................  Stationary Point........              11              17              -6
                                        Area....................           7,415           6,935             480
                                        Highway Vehicle.........             390             347              43
                                        Nonroad.................               3               4              -1
                                                                 -----------------------------------------------

                                           Total................           7,819           7,302             516
                                                                 -----------------------------------------------
----------------------------------------------------------------------------------------------------------------

            Table 8--Emission Reductions From 2005 Base Year to 2007 Attainment Year in the York Area
----------------------------------------------------------------------------------------------------------------
                                                 Sector                2005            2007         Reductions
----------------------------------------------------------------------------------------------------------------
PM2.5.................................  Stationary Point........           4,804           2,462           2,342
                                        Area....................           3,254           2,394             860
                                        Highway Vehicle.........             131             358            -227
                                        Nonroad.................             221             202              18
                                                                 -----------------------------------------------
                                           Total................           8,409           5,417           2,992
                                                                 -----------------------------------------------
NOX...................................  Stationary Point........          14,054          22,164          -8,110
                                        Area....................           9,618           1,680           7,938
                                        Highway Vehicle.........           7,073          10,684          -3,612
                                        Nonroad.................           2,953           2,660             292
                                                                 -----------------------------------------------
                                           Total................          33,697          37,189          -3,492
                                                                 -----------------------------------------------
SO2...................................  Stationary Point........         104,616         115,901         -11,285
                                        Area....................          13,937           1,684          12,253
                                        Highway Vehicle.........             170              78              91
                                        Nonroad.................             272             135             137
                                                                 -----------------------------------------------
                                           Total................         118,995         117,798           1,198
                                                                 -----------------------------------------------
VOC...................................  Stationary Point........               2           1,320          -1,318
                                        Area....................          11,148           5,956           5,192
                                        Highway Vehicle.........           4,849           4,810              39
                                        Nonroad.................           1,975           1,833             142
                                                                 -----------------------------------------------
                                           Total................          17,974          13,920           4,054
                                                                 -----------------------------------------------
NH3...................................  Stationary Point........               1              80             -79
                                        Area....................           3,583           3,316             267
                                        Highway Vehicle.........             335             161             174
                                        Nonroad.................               2               2               0
                                                                 -----------------------------------------------
                                           Total................           3,921           3,559             362
                                                                 -----------------------------------------------
----------------------------------------------------------------------------------------------------------------

      Table 9--Emission Reductions From 2005 Base Year to 2007 Attainment Year in the Harrisburg-York Area
----------------------------------------------------------------------------------------------------------------
                                                 Sector                2005            2007         Reductions
----------------------------------------------------------------------------------------------------------------
PM2.5.................................  Stationary Point........           4,823           3,046           1,777
                                        Area....................           7,089           5,452           1,637
                                        Highway Vehicle.........             476           1,225            -749
                                        Nonroad.................             619             548              71
                                                                 -----------------------------------------------
                                           Total................          13,008          10,271           2,737
                                                                 -----------------------------------------------
NOX...................................  Stationary Point........          14,169          26,950         -12,781
                                        Area....................          17,333           3,874          13,459
                                        Highway Vehicle.........          24,547          35,878         -11,331
                                        Nonroad.................           8,869           7,104           1,765
                                                                 -----------------------------------------------
                                           Total................          64,918          73,806          -8,888
                                                                 -----------------------------------------------
SO2...................................  Stationary Point........         104,640         117,709         -13,069
                                        Area....................          18,443           4,900          13,543
                                        Highway Vehicle.........             590             254             336
                                        Nonroad.................             787             323             464
                                                                 -----------------------------------------------
                                           Total................         124,459         123,185           1,274
                                                                 -----------------------------------------------
VOC...................................  Stationary Point........              11           2,160          -2,149
                                        Area....................          23,688          14,724           8,964

                                        Highway Vehicle.........          15,072          13,030           2,042
                                        Nonroad.................           6,801           6,322             479
                                                                 -----------------------------------------------
                                           Total................          45,571          36,236           9,335
                                                                 -----------------------------------------------
NH3...................................  Stationary Point........               1              96             -95
                                        Area....................          11,054          10,250             804
                                        Highway Vehicle.........           1,056             509             547
                                        Nonroad.................               6               6               0
                                                                 -----------------------------------------------
                                           Total................          12,116          10,861           1,255
----------------------------------------------------------------------------------------------------------------

a. Federal Measures Implemented
    Reductions in PM2.5 precursor emissions have occurred
statewide and in upwind states as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future.
Control of NOX and SO2
    PM2.5 concentrations in the York and Harrisburg Areas
are impacted by the transport of sulfates and nitrates, and the Areas'
air quality is strongly affected by regulation of SO2 and
NOX emissions from power plants.
    NOX SIP Call--On October 27, 1998 (63 FR 57356), EPA issued the
NOX SIP Call requiring the District of Columbia and 22
states to reduce emissions of NOX, a precursor to ozone
pollution.\13\ Affected states were required to comply with Phase I of
the SIP Call beginning in 2004 and Phase II beginning in 2007. Emission
reductions resulting from regulations developed in response to the
NOX SIP Call are permanent and enforceable. By imposing an
emissions cap regionally, the NOX SIP Call reduced
NOX emissions from large EGUs and large non-EGUs such as
industrial boilers, internal combustion engines, and cement kilns. In
response to the NOX SIP Call, Pennsylvania adopted its
NOX Budget Trading Program regulations for EGUs and large
industrial boilers, with emission reductions starting in May 2003.
Pennsylvania's NOX Budget Trading Program regulation was
approved into the Pennsylvania SIP on August 21, 2001 (66 FR 43795). To
meet other requirements of the NOX SIP Call, Pennsylvania
adopted NOX control regulations for cement plants and
internal combustion engines, with emission reductions starting in May
2005. These regulations were approved into the Pennsylvania SIP on
September 29, 2006 (71 FR 57428).
---------------------------------------------------------------------------

    \13\ Although the NOX SIP Call was issued in order to
address ozone pollution, reductions of NOX as a result of
that program have also impacted PM2.5 pollution, for
which NOX is also a precursor emission.
---------------------------------------------------------------------------

    CAIR--As previously noted, CAIR (70 FR 25162, May 12, 2005) created
regional cap-and-trade programs to reduce SO2 and
NOX emissions in 27 eastern states, including Pennsylvania.
EPA approved the Commonwealth's CAIR regulation, codified in 25 Pa.
Code Chapter 145, Subchapter D, into the Pennsylvania SIP on December
10, 2009 (74 FR 65446). In 2009, the CAIR ozone season NOX
trading program superseded the NOX Budget Trading Program,
although the emission reduction obligations of the NOX SIP
Call were not rescinded. See 40 CFR 51.121(r) and 51.123(aa). Data
collected from EPA's long-term national air quality and deposition
monitoring networks show that these regional cap-and-trade programs
have been effective in reducing emissions of SO2 and
NOX nationwide.\14\
---------------------------------------------------------------------------

    \14\ Clean Air Interstate Rule, Acid Rain Program, and Former
NOX Budget Trading Program, 2012 Progress Report
(December 2013), available at http://www.epa.gov/airmarkets/progress/ARPCAIR_12_downloads/ARPCAIR12_01.pdf; Clean Air Interstate
Rule, Acid Rain Program, and Former NOX Budget Trading
Program, 2012 Progress Report (May 2014), available at http://www.epa.gov/airmarkets/progress/ARPCAIR_12_downloads/ARPCAIR12_02.pdf.
---------------------------------------------------------------------------

    Under the NOX SIP Call and CAIR, SO2 and
NOX emissions from EGUs were significantly reduced statewide
and in states upwind of the Harrisburg and York areas. Table 10 shows
statewide EGU emissions data for 2002 and 2007 for the states that were
determined to contribute significantly to air quality in the Harrisburg
and York Areas for the 1997 annual PM2.5 NAAQS. See Air
Quality Modeling Final Rule Technical Support Document included in the
docket for this proposed rulemaking action. Table 10 also shows the
level of emissions in the contributing states for 2013, the latest year
for which annual data is available, which shows the continuing decline
of SO2 and NOX emissions in these states.

        Table 10--Comparison of 2002, 2007, and 2013 NOX and SO2 Emissions From EGUs for States That Contribute to the Harrisburg and York Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       NOX (tpy)                                           SO2 (tpy)
                                                 -------------------------------------------------------------------------------------------------------
                      State                                                               Reductions                                          Reductions
                                                      2002         2007         2013      2002-2007       2002         2007         2013      2002-2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia \15\.......................          556          250           96          306        1,087          319  ...........          768
Illinois........................................      172,354      123,105       55,386       49,249      353,228      272,571      135,866       80,657
Indiana.........................................      281,146      198,501      103,120       82,645      778,868      714,529      268,217       64,339
Kentucky........................................      198,599      174,932       84,964       23,665      482,653      380,314      188,115      102,339
Maryland........................................       76,056       54,553       14,554       21,503      254,008      272,879       25,118       18,871
Michigan........................................      132,623      108,198       65,728       24,425      342,997      338,014      194,396        4,983
North Carolina..................................      145,706       64,770       49,059       89,936      462,993      370,827       48,154       92,166
New Jersey......................................       33,149       17,059        5,713       16,090       48,269       34,189        2,433       14,080
New York........................................       84,885       58,569       24,150       26,316      231,973      107,211       17,797      124,762

Ohio............................................      370,497      240,722       86,399      129,775    1,132,069      954,646      282,007      177,423
Virginia........................................       78,868       60,302       28,315       18,566      230,846      172,685       38,778       58,161
West Virginia...................................      225,371      153,514       60,111       71,857      507,110      371,996       86,201      135,114
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................    1,799,808    1,254,475      577,595      554,027    4,826,101    3,990,180    1,287,082      835,921
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: EPA's Air Markets Program Data (AMPD). AMPD query results are included in the docket for this proposed rulemaking action.

    Table 10 shows that states impacting the York and Harrisburg Areas
reduced NOX and SO2 emissions from EGUs by
554,027 tons and 835,921 tons, respectively, between 2002 and 2007. EPA
has therefore determined that the significant reductions in
NOX and SO2 from upwind states and in
Pennsylvania required under the NOX SIP Call and CAIR have
contributed to the air quality attainment in the Harrisburg and York
areas. In addition, the NOX and SO2 emissions
from these states further declined by 676,880 tons and 2,703,098 tons,
respectively, from 2007 to 2013.
---------------------------------------------------------------------------

    \15\ The District of Columbia and Maryland were considered
together in the contribution analysis.
---------------------------------------------------------------------------

Tier 2 Emission Standards for Vehicles and Gasoline Sulfur Standards

    These emission control requirements result in lower NOX
emissions from new cars and light duty trucks, including sport utility
vehicles. The Federal rules were phased in between 2004 and 2009. EPA
estimated that, after phasing in the new requirements, the following
vehicle NOX emission reductions will have occurred
nationwide: Passenger cars (light duty vehicles) (77 percent); light
duty trucks, minivans, and sports utility vehicles (86 percent); and
larger sports utility vehicles, vans, and heavier trucks (69 to 95
percent). Some of the emissions reductions resulting from new vehicle
standards occurred during the 2008-2010 attainment period; however,
additional reductions will continue to occur throughout the maintenance
period as new vehicles replace older vehicles. EPA expects fleet wide
average emissions to decline by similar percentages as new vehicles
replace older vehicles.

Heavy-Duty Diesel Engine Rule

    EPA issued the Heavy-Duty Diesel Engine Rule in July 2000. This
rule included standards limiting the sulfur content of diesel fuel,
which went into effect in 2004. A second phase took effect in 2007
which reduced PM2.5 emissions from heavy-duty highway
engines and further reduced the highway diesel fuel sulfur content to
15 ppm. Standards for gasoline engines were phased in starting in 2008.
The total program is estimated to achieve a 90 percent reduction in
direct PM2.5 emissions and a 95 percent reduction in
NOX emissions for new engines using low sulfur diesel fuel.
Nonroad Diesel Rule
    On June 29, 2004 (69 FR 38958), EPA promulgated the Nonroad Diesel
Rule for large nonroad diesel engines, such as those used in
construction, agriculture, and mining, to be phased in between 2008 and
2014. The rule phased in requirements for reducing the sulfur content
of diesel used in nonroad diesel engines. The reduction in sulfur
content prevents damage to the more advanced emission control systems
needed to meet the engine standards. It will also reduce fine
particulate emissions from diesel engines. The combined engine
standards and the sulfur in fuel reductions will reduce NOX
and PM emissions from large nonroad engines by over 90%, compared to
current nonroad engines using higher sulfur content diesel.
Nonroad Large Spark-Ignition Engine and Recreational Engine Standards
    In November 2002, EPA promulgated emission standards for groups of
previously unregulated nonroad engines. These engines include large
spark-ignition engines such as those used in forklifts and airport
ground-service equipment; recreational vehicles using spark-ignition
engines such as off-highway motorcycles, all-terrain vehicles, and
snowmobiles; and recreational marine diesel engines. Emission standards
from large spark-ignition engines were implemented in two tiers, with
Tier 1 starting in 2004 and Tier 2 in 2007. Recreational vehicle
emission standards are being phased in from 2006 through 2012. Marine
Diesel engine standards were phased in from 2006 through 2009. With
full implementation of all of the nonroad spark-ignition engine and
recreational engine standards, an overall 80 percent reduction in
NOX are expected by 2020. Some of these emission reductions
occurred by the 2002-2007 attainment period and additional emission
reductions will occur during the maintenance period as the fleet turns
over.
Federal Standards for Hazardous Air Pollutants
    As required by the CAA, EPA developed Maximum Available Control
Technology (MACT) Standards to regulate emissions of hazardous air
pollutants from a published list of industrial sources referred to as
``source categories.'' The MACT standards have been adopted and
incorporated by reference in Section 6.6 of Pennsylvania's Air
Pollution Control Act and implementing regulations in 25 Pa. Code Sec.
127.35 and are also included in Federally enforceable permits issued by
PADEP for affected sources. The Industrial/Commercial/Institutional
(ICI) Boiler MACT standards (69 FR 55217, September 13, 2004, and 76 FR
15554, February 21, 2011) are estimated to reduce emissions of PM,
SO2, and VOCs from major source boilers and process heaters
nationwide. Also, the Reciprocating Internal Combustion Engines (RICE)
MACT will reduce NOX and PM emissions from engines located
at facilities such as pipeline compressor stations, chemical and
manufacturing plants, and power plants.
b. State Measures
Heavy-Duty Diesel Emissions Control Program
    In 2002, Pennsylvania adopted the Heavy-Duty Diesel Emissions
Control Program for model years starting in May 2004. The program
incorporates California standards by reference and required model year
2005 and beyond heavy-duty diesel highway engines to be certified to
the California standards, which were more stringent than the Federal
standards for model years 2005

and 2006. After model year 2006, Pennsylvania required implementation
of the Federal standards that applied to model years 2007 and beyond,
discussed in the Federal measures section of this proposed rulemaking
action. This program reduced emissions of NOX statewide.
Vehicle Emission Inspection/Maintenance (I/M) Program
    Pennsylvania's Vehicle Emission I/M program was expanded into the
Harrisburg, York and Harrisburg-York Areas in early 2004, and applies
to model year 1975 and newer gasoline-powered vehicles that are 9,000
pounds and under. The program, approved into the Pennsylvania SIP on
October 6, 2005 (70 FR 58313), consists of annual on-board diagnostics
and gas cap test for model year 1996 vehicles and newer, and an annual
visual inspection of pollution control devices and gas cap test for
model year 1995 vehicles and older. This program reduces emissions of
NOX from affected vehicles.
Consumer Products Regulation
    Pennsylvania regulation ``Chapter 130, Subchapter B. Consumer
Products'' established, effective January 1, 2005, VOC emission limits
for numerous categories of consumer product, and applies statewide to
any person who sells, supplies, offers for sale, or manufactures such
consumer products on or after January 1, 2005 for use in Pennsylvania.
It was approved into the Pennsylvania SIP on December 8, 2004 (69 FR
70895).
    Based on the information summarized above, Pennsylvania has
adequately demonstrated that the improvement in air quality in the
Harrisburg, York and Harrisburg-York Areas are due to permanent and
enforceable emissions reductions. The reductions result from Federal
and State requirements and regulation of precursors within Pennsylvania
that affect the Harrisburg, York and Harrisburg-York Areas.

B. Maintenance Plans

    On April 22, 2014, PADEP submitted maintenance plans for the
Harrisburg and York Areas for the 1997 annual PM2.5 NAAQS,
and a maintenance plan for the Harrisburg-York Area for the 2006 24-
hour PM2.5 NAAQS as required by section 175A of the CAA.
EPA's analysis for proposing approval of the maintenance plans is
provided in this section.
1. Attainment Emissions Inventory
    Section 172(c)(3) requires states to submit a comprehensive,
accurate, current inventory of actual emissions from all sources in the
nonattainment area. For a maintenance plan, states are required to
submit an inventory to identify the level of emissions in the area
which is sufficient to attain the NAAQS, referred to as the attainment
inventory (or the maintenance plan base year inventory), and which
should be based on actual emissions. PADEP submitted an attainment
inventory for 2007, which is one of the years in the period during
which the Harrisburg and York Areas monitored attainment of the 1997
annual PM2.5 NAAQS and Harrisburg-York Area monitored
attainment of the 2006 24-hour PM2.5 NAAQS. The inventory
for 2007 is comprised of NOX, PM2.5,
SO2, VOC, and NH3 emissions from point sources,
nonpoint sources, onroad mobile sources, and nonroad mobile sources.
    The 2007 point source inventory contained emissions for EGU and
non-EGU sources in Cumberland, Dauphin, Lebanon, and York Counties that
were directly reported by the facilities. Since the reported emissions
did not include condensable emissions, the EGU inventory was augmented
to account for condensable by application of emission factors developed
by the Mid-Atlantic Regional Air Management Association (MARAMA) in
2008. The nonpoint source emissions inventory for 2007 was developed
using 2007 specific activity data along with EPA emission factors and
the most recent available emission calculation methodologies. PADEP
used the 2008 National Emissions Inventory (NEI) data to fill in any
missing categories in the 2007 inventory. For the 2007 nonroad mobile
sources, PADEP generated emissions using EPA's National Mobile
Inventory Model (NMIM) 2008 model. Since marine, air and rail/
locomotive (MAR) emissions are not part of the NONROAD model, they were
calculated separately outside of the NONROAD model. The 2007 onroad
mobile source inventory was developed using EPA's highway mobile source
emissions model MOVES2010. PADEP used local activity to replace default
inputs in the model where appropriate.
    EPA has reviewed the documentation provided by PADEP and found the
2007 emissions inventory acceptable for meeting the requirements under
section 172(c)(3). For more information on the emissions inventory
submitted by PADEP for the Areas and EPA's analysis of the emissions
inventory, see Appendices B and C of the Pennsylvania submittals and
the emissions inventory TSDs dated August 13, 2014, available on line
at www.regulations.gov, Docket ID No. EPA-OAR-R03-2014-0525.
2. Maintenance Demonstration
    Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the area ``for at least 10 years after the redesignation.'' EPA has
interpreted this as a showing of maintenance ``for a period of ten
years following redesignation.'' Where the emissions inventory method
of showing maintenance is used, its purpose is to show that emissions
during the maintenance period will not increase over the attainment
year inventory. See 1992 Calcagni Memorandum, pages 9-10.
    For a demonstration of maintenance, emissions inventories are
required to be projected to future dates to assess the influence of
future growth and controls; however, the maintenance demonstration need
not be based on modeling. See Wall v. EPA, supra; Sierra Club v. EPA,
supra. See also 66 FR 53099-53100; 68 FR 25430-32. PADEP uses
projection inventories to show that the Areas will remain in attainment
and developed projection inventories for an interim year of 2017 and a
maintenance plan end year of 2025 to show that future emissions of
NOX, SO2, VOC, and PM2.5 will remain
at or below the attainment year 2007 emissions levels throughout the
Areas through the year 2025. Although emissions of NH3 are
projected to increase from 2007 to 2017 and from 2007 to 2025, the
increase will not affect the Areas' ability to maintain the standard
because it is more than compensated by the significant reductions of
the other precursors in 2017 and 2025.
    The Federal and State measures described in Section V.A.3. of this
proposed rulemaking action demonstrate that the reductions in emissions
from point, area, and mobile sources in the Areas have occurred and
will continue to occur through 2025. In addition, the following State
and Federal regulations and programs ensure the continuing decline of
SO2, NOX, PM2.5, and VOC emissions in
the Areas during the maintenance period and beyond:
Non-EGUs previously covered under the NOX SIP Call
    Pennsylvania established NOX emission limits for the
large industrial boilers that were previously subject to the
NOX SIP Call, but were not subject to CAIR. For these units,
Pennsylvania established an allowable ozone season NOX limit
based on the unit's previous ozone season's heat input. A combined

NOX ozone season emissions cap of 3,418 tons applies for all
of these units.
CSAPR (August 8, 2011, 76 FR 48208)
    If the CSAPR stay is lifted as requested by EPA, the implementation
of CSAPR will preserve the reductions achieved by CAIR.
Regulation of Cement Kilns
    On July 19, 2011 (76 FR 52558), EPA approved amendments to 25 Pa.
Code Chapter 145 Subchapter C to further reduce NOX
emissions from cement kilns. The amendments established NOX
emission rate limits for long wet kilns, long dry kilns, and preheater
and precalciner kilns that are lower by 35% to 63% from the previous
limit of 6 pounds of NOX per ton of clinker that applied to
all kilns. The amendments were effective on April 15, 2011.
Stationary Source Regulations
    Pennsylvania regulation 25 Pa. Code Chapter 130, Subchapter D for
Adhesives, Sealers, Primers, and Solvents was approved into the
Pennsylvania SIP on September 26, 2012 (77 FR 59090). The regulation
established VOC content limits for various categories of adhesives,
sealants, primers, and solvent, and became applicable on January 1,
2012.
    Amendments to Pennsylvania regulation 25 Pa. Code Chapter 130,
Subchapter B established, effective January 1, 2009, new or more
stringent VOC standards for consumer products. The amendments were
approved into the Pennsylvania SIP on October 18, 2010 (75 FR 63717).
Pennsylvania's Clean Vehicle Program
    The Pennsylvania Clean Vehicles Program (formerly, New Motor
Vehicle Control Program) incorporates by reference the California Low
Emission Vehicle program (CA LEVII), although it allowed automakers to
comply with the NLEV program as an alternative to this program until
Model Year (MY) 2006. The Clean Vehicles Program, codified in 25 Pa.
Code Chapter 126, Subchapter D, was modified to require CA LEVII to
apply to MY 2008 and beyond, and was approved into the Pennsylvania SIP
on January 24, 2012 (77 FR 3386). The Clean Vehicles Program
incorporates by reference the emission control standards of CA LEVII,
which, among other requirements, reduces emissions of NOX by
requiring that passenger car emission standards and fleet average
emission standards also apply to light duty vehicles. Model year 2008
and newer passenger cars and light duty trucks are required to be
certified for emissions by the California Air Resource Board (CARB), in
order to be sold, leased, offered for sale or lease, imported,
delivered, purchased, rented, acquired, received, titled or registered
in Pennsylvania. In addition, manufacturers are required to demonstrate
that the California fleet average standard is met based on the number
of new light-duty vehicles delivered for sale in the Commonwealth. The
Commonwealth's submittal for the January 24, 2012 rulemaking projected
that, by 2025, the program will achieve 318 tons more NOX
reductions than Tier II for the counties in the Harrisburg, York, and
Harrisburg/York Areas.
Emission Limits on PPL Brunner Island
    In 2009, PPL installed a flue gas desulfurization system and
electrostatic precipitators on Units 1, 2, and 3 at the PPL Brunner
Island power plant located in York County, resulting in significant
SO2 reductions at the facility. The facility's Title V
permit is Federally enforceable pursuant to section 502 of the CAA, and
includes emission limits for PM, SO2, and NOX for
Units 1, 2, and 3. Levels of SO2 were significantly reduced
from 106,148 tons in 2007 to 17,822 tons in 2010. EPA approved
Pennsylvania's Title V program on July 30, 1996. 61 FR 39597.
    Two Pennsylvania regulations--its Diesel-Powered Motor Vehicle
Idling Act (August 1, 2011, 76 FR 45705) and its Outdoor Wood-Fired
Boiler regulation (September 20, 2011, 76 FR 58114)--were not included
in the projection inventories, but may also assist in maintaining the
standard. Also, the Tier 3 Motor Vehicle Emission and Fuel Standards
(79 FR 23414, April 29, 2014) establishes more stringent vehicle
emissions standards and will reduce the sulfur content of gasoline
beginning in 2017. The fuel standard will achieve NOX
reductions by further increasing the effectiveness of vehicle emission
controls for both existing and new vehicles.
    The projection inventories for the 2017 and 2025 point, area, and
nonroad sources were taken from regional inventories coordinated by
MARAMA for the states in the Mid-Atlantic/Northeast Visibility Union
and Virginia (MANE-VU+VA), which includes Pennsylvania. Detailed
discussion of how 2017 and 2025 projections were developed are
contained in Appendix C-2 and C-3, respectively, of Pennsylvania's
submittals. EPA has reviewed the documentation provided by PADEP and
found the methodologies acceptable.
    EPA has determined that the 2017 and 2025 projected emissions
inventories provided by PADEP are approvable. For more information on
EPA's analysis of the emissions inventory, see EPA's TSDs dated August
13, 2014, available on line at www.regulations.gov., Docket ID No. EPA-
OAR-R03-2014-0525. Tables 11, 12, and 13 provide a summary of the
inventories for the 2007 attainment year, as compared to the projected
inventories for the 2017 interim year and the 2025 maintenance plan end
year for the Areas in tpy.

 Table 11--Comparison of 2007 Attainment Year and 2017 and 2025 Projected PM2.5 Emissions in the Harrisburg Area
----------------------------------------------------------------------------------------------------------------
                                       PM2.5            NOX             SO2             NH3             VOC
----------------------------------------------------------------------------------------------------------------
2007 (attainment)...............           4,855          36,617           5,388           7,302          22,317
2017 (interim)..................           4,240          22,862           4,598           7,819          16,393
2017 (projected decrease).......             615          13,755             790            -517           5,924
2025 (maintenance)..............           3,958          16,116           3,626           8,277          14,333
2025 (projected decrease).......             897          20,501           1,762            -975           7,984
----------------------------------------------------------------------------------------------------------------

    Table 12--Comparison of 2007 Attainment Year and 2017 and 2025 Projected PM2.5 Emissions in the York Area
----------------------------------------------------------------------------------------------------------------
                                       PM2.5            NOX             SO2             NH3             VOC
----------------------------------------------------------------------------------------------------------------
2007 (attainment)...............           5,417          37,189         117,798           3,559          13,920
2017 (interim)..................           4,915          28,859          16,441           3,663          10,886

2017 (projected decrease).......             502           8,330         101,357            -104           3,034
2025 (maintenance)..............           4,944          27,673          16,406           3,774           9,822
2025 (projected decrease).......             473           9,516          84,951            -215           4,098
----------------------------------------------------------------------------------------------------------------

 Table 13--Comparison of 2007 Attainment Year and 2017 and 2025 Projected PM2.5 Emissions in the Harrisburg-York
                                                      Area
----------------------------------------------------------------------------------------------------------------
                                       PM2.5            NOX             SO2             NH3             VOC
----------------------------------------------------------------------------------------------------------------
2007 (attainment)...............          10,271          73,806         123,185          10,861          36,236
2017 (interim)..................           9,155          51,721          21,038          11,483          27,279
2017 (projected decrease).......           1,116          22,085         102,147            -622           8,957
2025 (maintenance)..............           8,902          43,789          20,032          12,051          24,155
2025 (projected decrease).......           1,369          30,017         103,153          -1,189          12,081
----------------------------------------------------------------------------------------------------------------

    As shown in Tables 11, 12 and 13, the projected levels of
PM2.5, NOX, SO2, and VOC are well
under the 2007 attainment year levels for each of these pollutants.
While the emissions of NH3 are projected to be higher than
the 2007 inventory for this pollutant for both the interim year and the
end-year, the significant decreases in the other precursors more than
offset the increase, and thus EPA does not believe the increase in
NH3 will affect the Areas' ability to maintain the NAAQS.