[Federal Register: December 15, 2006 (Volume 71, Number 241)]
[Notices]
[Page 75530-75531]
[DOCID:fr15de06-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

December 8, 2006.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC07-32-000.
    Applicants: ESI Cherokee MGP, Inc.; ESI Cherokee County, L.P.,
Caithness Cherokee GP, LLC; Caithness Cherokee, LLC.
    Description: ESI Cherokee MGP, Inc. et al. submit a joint
application for authorization to acquire interests in an electric
utility company.
    Filed Date: 12/04/2006.
    Accession Number: 20061206-0090.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 26, 2006.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER04-1232-005.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits a clean and relined
version of Substitute Seventh Revised Sheet 161 to its OATT pursuant to
FERC's 9/1/06 Order.
    Filed Date: 12/04/2006.

    Accession Number: 20061206-0254.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 26, 2006.

    Docket Numbers: ER05-6-088; EL04-135-091; EL02-111-108; EL03-212-
104.
    Applicants: Exelon Corporation.
    Description: Exelon Corp. submits a compliance electric refund
report pursuant to the Commission's 10/27/06 order.
    Filed Date: 12/01/2006.
    Accession Number: 20061201-5014.
    Comment Date: 5 p.m. Eastern Time on Friday, December 22, 2006.

    Docket Numbers: ER06-133-001.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits an executed
Interconnection Service Agreement, Substitute Original Service
Agreement No. 1387, with the City of Geneva and Commonwealth Edison
Company.
    Filed Date: 12/04/2006.
    Accession Number: 20061206-0084.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 26, 2006.

    Docket Numbers: ER06-451-013; ER06-1467-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits a compliance filing
pursuant to FERC's 10/31/06 Order re revisions of various aspects of
its real-time energy imbalance market.
    Filed Date: 11/30/2006.
    Accession Number: 20061206-0085.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 21, 2006.

    Docket Numbers: ER07-14-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits a withdrawal of the
notice of cancellation for Network Operating Agreements.
    Filed Date: 11/22/2006.
    Accession Number: 20061127-0212.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 13, 2006.

    Docket Numbers: ER07-284-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Co. submits the Transmission
Owner 3 Formula and rate changes to the California ISO wholesale and
retail electric transmission rates.
    Filed Date: 12/01/2006.
    Accession Number: 20061206-0163.
    Comment Date: 5 p.m. Eastern Time on Friday, December 22, 2006.

    Docket Numbers: ER07-286-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Co. submits an executed
interconnection agreement with Abitibi Consolidated Sales Corp. and
Snowflake White Mountain Power, LLC.
    Filed Date: 12/01/2006.
    Accession Number: 20061205-0001.
    Comment Date: 5 p.m. Eastern Time on Friday, December 22, 2006.

    Docket Numbers: ER07-288-000.
    Applicants: Leaning Juniper Wind Power, LLC.
    Description: Leaning Juniper Wind Power, LLC submits a Notice of
Cancellation of its FERC Electric Tariff, Original Volume 1.
    Filed Date: 12/04/2006.
    Accession Number: 20061206-0088.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 26, 2006.

    Docket Numbers: ER07-289-000.
    Applicants: Cleco Power LLC.
    Description: Cleco Power LLC submits an executed Network
Integration Transmission Services Agreement with Entergy Louisiana LLC
and a Notice of Cancellation for its Rate Schedule No 3.
    Filed Date: 12/04/2006.
    Accession Number: 20061206-0087.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 26, 2006.

    Docket Numbers: ER07-290-000; ER07-291-000.
    Applicants: Cabrillo Power I LLC; Cabrillo Power II LLC.
    Description: Cabrillo Power I LLC et al submit revisions to their
Reliability Must Run Agreements, First Revised Rate Schedules FERC No.
2, with the California Independent System Operator Corp. for the
calendar year 2007.
    Filed Date: 12/01/2006.
    Accession Number: 20061206-0135.
    Comment Date: 5 p.m. Eastern Time on Friday, December 22, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-21344 Filed 12-14-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41399-41400]
[FR Doc No: 2020-13734]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0156; FRL-10010-78-Region 4]

Air Plan Approval; Air Plan Approval; KY: Jefferson County
Performance Tests

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve changes to the Jefferson County portion of the
Kentucky State Implementation Plan (SIP), submitted by the Commonwealth
of Kentucky, through the Energy and Environment Cabinet (Cabinet),
Division of Air Quality, through a letter dated September 5, 2019. The
changes were submitted by the Cabinet on behalf of the Louisville Metro
Air Pollution Control District (District, also referred to herein as
Jefferson County). The SIP revision includes changes to Jefferson
County Regulations regarding performance tests.

DATES: This rule is effective August 10, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0156. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information 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 can either
be retrieved electronically via www.regulations.gov, or in hard copy at
the Air Regulatory Management Section, Air Planning and Implementation
Branch, Air and Radiation Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
EPA requests that if possible, you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday
8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can be
reached via electronic mail at<EMAIL_ADDRESS>or via telephone at
(404) 562-9089.

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving changes to the Jefferson County portion of the
Kentucky SIP that were provided to EPA through Kentucky's Division of
Air Quality via a letter dated September 5, 2019.\1\ \2\ EPA is
approving this SIP revision which makes changes to the District's
Regulation 1.04, Performance Testing. The September 5, 2019, SIP
revision first makes minor changes to Regulation 1.04 that do not alter
the meaning of the regulation such as clarifying changes to its
notification requirements under the SIP. In addition, other changes
strengthen the SIP by adding a specific reporting requirement to
communicate results from any required performance testing. The SIP
revision updates the current SIP-approved version of Regulation 1.04
(Version 6) to Version 7.
---------------------------------------------------------------------------

    \1\ In 2003, the City of Louisville and Jefferson County
governments merged and the ``Jefferson County Air Pollution Control
District'' was renamed the ``Louisville Metro Air Pollution Control
District.'' See The History of Air Pollution Control in Louisville,
available at https://louisvilleky.gov/government/air-pollution-control-district/history-air-pollution-control-louisville. However,
each of the regulations in the Jefferson County portion of the
Kentucky SIP still has the subheading ``Air Pollution Control
District of Jefferson County.'' Thus, to be consistent with the
terminology used in the SIP, we refer throughout this notice to
regulations contained in the Jefferson County portion of the
Kentucky SIP as the ``Jefferson County'' regulations.
    \2\ EPA notes that the Agency received several submittals
revising the Jefferson County portion of the Kentucky SIP
transmitted with the same September 5, 2019, cover letter. EPA will
be considering action for these other SIP revisions in separate
rulemakings.
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    See EPA's April 28, 2020 (85 FR 23498), notice of proposed
rulemaking (NPRM) for further detail on these changes and EPA's
rationale for approving them. EPA did not receive public comments on
the April 28, 2020, NPRM.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Jefferson
County's Regulation 1.04, Performance Tests, Version 7, state effective
June 19, 2019, which makes minor and ministerial changes for consistent
language throughout the regulation and includes a new requirement for
submitting reports on the conducted performances tests. EPA has made,
and will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the State implementation plan,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving changes to the Jefferson County portion of the
Kentucky SIP included in a September 5, 2019, submittal. Specifically,
EPA is approving the District's Regulation 1.04 version 7 into the SIP.
The September 5, 2019, SIP revision makes minor and ministerial changes
for consistent language throughout the regulation and includes a new
requirement for submitting reports on the conducted performances tests.
EPA believes these changes are consistent with the Clean Air Act (CAA
or Act), and this rule adoption will not impact the national ambient
air quality standards or interfere with any other applicable
requirement of the Act.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;

     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 8, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Dated: June 15, 2020.
Mary Walker,
Regional Administrator, Region 4.

    Accordingly, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart S--Kentucky

0
2. Section 52.920(c) is amended in Table 2 under ``Reg 1--General
Provisions'' by revising the entry for ``1.04'' to read as follows:

Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                                             Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                                                EPA approval      Federal Register        District
                 Reg                       Title/subject            date               notice          effective date             Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Reg 1--General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
1.04................................  Performance Tests......       7/10/2020  [Insert citation of          6/19/2019  .................................
                                                                                publication].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-13734 Filed 7-9-20; 8:45 am]
BILLING CODE 6560-50-P


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Parts 52 and 81

	[EPA-R03-OAR-2007-0324; FRL-      ]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Johnstown (Cambria County) 8-hour
Ozone Nonattainment Area to Attainment and Approval of the Area’s
Maintenance Plan and 2002 Base Year Inventory

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to approve a redesignation request and State
Implementation Plan (SIP) revisions submitted by the Commonwealth of
Pennsylvania.  The Pennsylvania Department of Environmental Protection
(PADEP) is requesting that the Johnstown (Cambria County) ozone
nonattainment area (Cambria Area) be redesignated as attainment for the
8-hour ozone national ambient air quality standard (NAAQS).  EPA is
proposing to approve the ozone redesignation request for the Cambria
Area.  In conjunction with its redesignation request, the Commonwealth
submitted a SIP revision consisting of a maintenance plan for the
Cambria Area that provides for continued attainment of the 8-hour ozone
NAAQS for at least 10 years after redesignation.  EPA is proposing to
make a determination that the Cambria Area has attained the 8-hour ozone
NAAQS, based upon three years of complete, quality-assured ambient air
quality monitoring data for 2003-2005.  EPA’s proposed approval of the
8-hour ozone redesignation request is based on its determination that
the Cambria Area has met the criteria for redesignation to attainment
specified in the Clean Air Act (CAA).  In addition, the Commonwealth has
also submitted a 2002 base year inventory for the Cambria Area which EPA
is proposing to approve as a SIP revision.  EPA is also providing
information on the status of its adequacy determination for the motor
vehicle emission budgets (MVEBs) that are identified in the maintenance
plan for the Cambria Area for purposes of transportation conformity,
which EPA is also proposing to approve.  EPA is proposing approval of
the redesignation request and of the maintenance plan and 2002 base year
inventory SIP revisions in accordance with the requirements of the CAA.

DATES: Written comments must be received on or before [insert date 30
days from date of publication].

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2007-0324 by one of the following methods:

A.  www.regulations.gov.  Follow the on-line instructions for submitting
comments.

      B.  E-mail:    HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

C.  Mail:  EPA- R03-OAR-2007-0324, Linda Miller, Acting Chief, Air
Quality Planning Branch, Mailcode 3AP21, 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-2007-0324.  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
e-mail.  The www.regulations.gov website 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 e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail 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 e-

mail at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

SUPPLEMENTARY INFORMATION:

Throughout this document whenever “we,” “us,” or “our” is
used, we mean EPA.

TABLE OF CONTENTS

What Are the Actions EPA Is Proposing to Take?

What Is the Background for These Proposed Actions?

 What Are the Criteria for Redesignation to Attainment?

 Why Is EPA Taking These Actions?

 What Would Be the Effect of These Actions?

 What Is EPA’s Analysis of the Commonwealth’s Request?

 Are the Motor Vehicle Emissions Budgets Established and Identified in
the Maintenance Plan for the Cambria Area Adequate and Approvable?

Proposed Actions

Statutory and Executive Order Reviews

What Are the Actions EPA Is Proposing to Take?

On March 27, 2007, PADEP formally submitted a request to redesignate the
Cambria Area from nonattainment to attainment of the 8-hour NAAQS for
ozone.  Concurrently, Pennsylvania submitted a maintenance plan for the
Cambria Area as a SIP revision to ensure continued attainment in the
area over the next 11 years.  Pennsylvania also submitted a 2002 base
year inventory for the Cambria Area as a SIP revision.  The Cambria Area
is currently designated a basic 8-hour ozone nonattainment area.  EPA is
proposing to determine that the Cambria Area has attained the 8-hour
ozone NAAQS and that it has met the requirements for redesignation
pursuant to section 107(d)(3)(E) of the CAA.  EPA is, therefore,
proposing to approve the redesignation request to change the designation
of the Cambria Area from nonattainment to attainment for the 8-hour
ozone NAAQS.  EPA is also proposing to approve the Cambria Area
maintenance plan as a SIP revision (such approval being one of the CAA
criteria for redesignation to attainment status).  The maintenance plan
is designed to ensure continued attainment in the Cambria Area for the
next 11 years.  EPA is also proposing to approve the 2002 base year
inventory for the Cambria Area as a SIP revision.  Additionally, EPA is
announcing its action on the adequacy process for the MVEBs identified
in the Cambria maintenance plan, and proposing to approve the MVEBs
identified for volatile organic compounds (VOCs) and nitrogen oxides
(NOx) for the Cambria Area for transportation conformity purposes.

II.  What Is the Background for These Proposed Actions?

A.  General

Ground-level ozone is not emitted directly by sources.  Rather,
emissions of NOx and VOC react in the presence of sunlight to form
ground-level ozone.  The air pollutants NOx and VOC are referred to as
precursors of ozone.  The CAA establishes a process for air quality
management through the attainment and maintenance of the NAAQS.

On July 18, 1997, EPA promulgated a revised 8-hour ozone standard of
0.08 parts per million (ppm).  This new standard is more stringent than
the previous 1-hour standard.  EPA designated, as nonattainment, any
area violating the 8-hour ozone NAAQS based on the air quality data for
the three years of 2001-2003.  These were the most recent three years of
data at the time EPA designated 8-hour areas.  The Cambria Area was
designated a basic 8-hour ozone nonattainment area in a Federal Register
notice signed on April 15, 2004 and published on April 30, 2004 (69 FR
23857), based on its exceedance of the 8-hour health-based standard for
ozone during the years 2001-2003.

On April 30, 2004, EPA issued a final rule (69 FR 23951, 23996) to
revoke the 1-hour ozone NAAQS in the Cambria Area (as well as most other
areas of the country) effective June 15, 2005.  See, 40 CFR 50.9(b); 69
FR at 23966 (April 30, 2004); and see 70 FR 44470 (August 3, 2005).

However, on December 22, 2006, the U.S. Court of Appeals for the
District of Columbia  Circuit vacated EPA’s Phase 1 Implementation
Rule for the 8-hour Ozone Standard, (69 FR 23951, April 30, 2004), See,
South Coast Air Quality Management Dist. v. EPA, 472 F. 3d 882 (D.C.
Cir. 2006) (hereafter “South Coast.”).  The Court held that certain
provisions of EPA’s Phase 1 Rule were inconsistent with the
requirements of the CAA.  The Court rejected EPA’s reasons for
implementing the 8-hour standard in nonattainment areas under subpart 1
in lieu of subpart 2 of Title I, part D of the Act.  The Court also held
that EPA improperly failed to retain four measures required for 1-hour
nonattainment areas under the anti-backsliding provisions of the
regulations:  (1) nonattainment area New Source Review (NSR)
requirements based on an area’s 1-hour nonattainment classification;
(2) Section 185 penalty fees for 1-hour severe or extreme nonattainment
areas; (3) measures to be implemented pursuant to section 172(c)(9) or
182(c)(9) of the Act, on the contingency of an area not making
reasonable further progress toward attainment of the 1-hour NAAQS, or
failure to attain that NAAQS; and (4) the certain conformity
requirements for certain types of Federal actions.  The Court upheld
EPA’s authority to revoke the 1-hour standard provided there were
adequate anti-backsliding provisions.  Elsewhere in this document,
mainly section VI.B. “The Cambria Area Has Met All Applicable
Requirements Under Section 110 and Part D of the CAA and Has Fully
Approved SIP Under Section 110(k) of the CAA,” EPA discusses its
rationale why the decision in South Coast is not impediment to
redesignating the Cambria Area to attainment of the 8-hour ozone NAAQS.

The CAA, Title I, Part D, contains two sets of provisions—subpart 1
and subpart 2 –that address planning and control requirements for
nonattainment areas.  Subpart 1 (which EPA refers to as “basic”
nonattainment) contains general, less prescriptive requirements for
nonattainment areas for any pollutant—including ozone—governed by a
NAAQS.  Subpart 2 (which EPA refers to as “classified”
nonattainment) provides more specific requirements for ozone
nonattainment areas.  In 2004, the Cambria Area was classified a basic
8-hour ozone nonattainment area based on air quality monitoring data
from 2001-2003 and therefore, is subject to the requirements of subpart
1 of Part D.

Under 40 CFR part 50, the 8-hour ozone standard is attained when the
3-year average of the annual fourth-highest daily maximum 8-hour average
ambient air quality ozone concentrations is less than or equal to 0.08
ppm (i.e., 0.084 ppm when rounding is considered).  See 69 FR 23857
(April 30, 2004) for further information.  Ambient air quality
monitoring data for the 3-year period must meet data completeness
requirements.  The data completeness requirements are met when the
average percent of days with valid ambient monitoring data is greater
than 90 percent, and no single year has less than 75 percent data
completeness as determined in Appendix I of 40 CFR part 50.  The ozone
monitoring data indicates that the Cambria Area has a design value of
0.077 ppm for the 3-year period of 2003-2005, using complete,
quality-assured data.  Therefore, the ambient ozone data for the Cambria
Area indicates no violations of the 8-hour ozone standard.

 The Cambria Area

The Cambria Area consists of Johnstown (Cambria County), Pennsylvania.
Prior to its designation as an 8-hour ozone nonattainment area, the
Cambria Area was a marginal 1-hour ozone nonattainment area, and
therefore, was subject to requirements for marginal nonattainment areas
pursuant to section 182(a) of the CAA.  See 56 FR 56694 (November 6,
1991).  EPA determined that the Cambria Area has attained the 1-hour
ozone NAAQS by the November 15, 1993 attainment date (60 FR 3349,
January 17, 1995).

On March 27, 2007, PADEP requested that the Cambria Area be redesignated
to attainment for the 8-hour ozone standard.  The redesignation request
included three years of complete, quality-assured data for the period of
2003-2005, indicating that the 8-hour NAAQS for ozone had been achieved
in the Cambria Area.  The data satisfies the CAA requirements that the
3-year average of the annual fourth-highest daily maximum 8-hour average
ozone concentration (commonly referred to as the area’s design value),
must be less than or equal to 0.08 ppm (i.e., 0.084 ppm when rounding is
considered).  Under the CAA, a nonattainment area may be redesignated if
sufficient complete, quality-assured data is available to determine that
the area has attained the standard and the area meets the other CAA
redesignation requirements set forth in section 107(d)(3)(E).

III.  What Are the 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);

(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; and

(5) The State containing such area has met all requirements applicable
to the area under section 110 and Part D.

EPA provided guidance on redesignations in the General Preamble for the
Implementation of Title I of the CAA Amendments of 1990, on April 16,
1992 (57 FR 13498), and supplemented this guidance on April 28, 1992 (57
FR 18070).  EPA has provided further guidance on processing
redesignation requests in the following documents:

“Ozone and Carbon Monoxide Design Value Calculations,” Memorandum
from Bill Laxton, June, 18, 1990;

“Maintenance Plans for Redesignation of Ozone and Carbon Monoxide
Nonattainment Areas,” Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, April 30, 1992;

“Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,” Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;

“Procedures for Processing Requests to Redesignate Areas to
Attainment,” Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992;

“State Implementation Plan (SIP) Actions Submitted in Response to
Clean Air Act (Act) Deadlines,” Memorandum from John Calcagni
Director, Air Quality Management Division, October 28, 1992;

“Technical Support Documents (TSDs) for Redesignation Ozone and Carbon
Monoxide (CO) Nonattainment Areas,” Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, August 17, 1993;

“State Implementation Plan (SIP) Requirements for Areas Submitting
Requests for Redesignation to Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on or after
November 15, 1992,” Memorandum from Michael H. Shapiro, Acting
Assistant Administrator for Air and Radiation, September 17, 1993;

Memorandum from D. Kent Berry, Acting Director, Air Quality Management
Division, to Air Division Directors, Regions 1-10, “Use of Actual
Emissions in Maintenance Demonstrations for Ozone and CO Nonattainment
Areas,” dated November 30, 1993;

“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; and

“Reasonable Further Progress, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas Meeting the Ozone National
Ambient Air Quality Standard,” Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995.

IV.  Why Is EPA Taking These Actions?

On March 27, 2007, PADEP requested redesignation of the Cambria Area to
attainment for the 8-hour ozone standard.  On March 27, 2007, PADEP
submitted a maintenance plan for the Cambria Area as a SIP revision, to
ensure continued attainment of the 8-hour ozone NAAQS over the next 11
years, until 2018.  PADEP also submitted a 2002 base year inventory
concurrently with its maintenance plan as a SIP revision.

V.  What Would Be the Effect of These Actions?

Approval of the redesignation request would change the official
designation of the Cambria Area from nonattainment to attainment for the
8-hour ozone NAAQS found at 40 CFR part 81.  It would also incorporate
into the Pennsylvania SIP a 2002 base year inventory and a maintenance
plan ensuring continued attainment of the 8-hour ozone NAAQS in the
Cambria Area for the next 11 years, until 2018.  The maintenance plan
includes contingency measures to remedy any future violations of the
8-hour NAAQS (should they occur), and identifies the NOx and VOC MVEBs
for transportation conformity purposes for the years 2009 and 2018.
These MVEBs are displayed in the following table:

Table 1:  Motor Vehicle Emissions Budgets in Tons per Summer Day (tpsd)

Year	VOC	NOx

2009 	3.8	5.6

2018	2.3	2.7

VI.  What Is EPA’s Analysis of the Commonwealth’s Request?

EPA is proposing to determine that the Cambria Area has attained the
8-hour ozone standard and that all other redesignation criteria have
been met.  The following is a description of how the PADEP’s March 27,
2007 submittal satisfies the requirements of section 107(d)(3)(E) of the
CAA.

A.  The Cambria Area Has Attained the Ozone NAAQS

EPA is proposing to determine that the Cambria Area has attained the
8-hour ozone NAAQS.  For ozone, an area may be considered to be
attaining the 8-hour ozone NAAQS if there are no violations, as
determined in accordance with 40 CFR 50.10 and Appendix I of part 50,
based on three complete, consecutive calendar years of quality-assured
air quality monitoring data.  To attain this standard, the design value,
which is the 3-year average of the fourth-highest daily maximum 8-hour
average ozone concentrations, measured at each monitor within the area
over each year, must not exceed the ozone standard of 0.08 ppm.  Based
on the rounding convention described in 40 CFR part 50, Appendix I, the
standard is attained if the design value is 0.084 ppm or below.  The
data must be collected and quality-assured in accordance with 40 CFR
part 58, and recorded in the Air Quality System (AQS).  The monitors
generally should have remained at the same location for the duration of
the monitoring period required for demonstrating attainment.

In the Cambria Area, there is one ozone monitor, located in Cambria
County that measures air quality with respect to ozone.  As part of its
redesignation request, Pennsylvania referenced ozone monitoring data for
the years 2003-2005 for the Cambria Area.  This data has been quality
assured and is recorded in the AQS.  PADEP uses the AQS as the permanent
database to maintain its data and quality assures the data transfers and
content for accuracy.  The fourth-high 8-hour daily maximum
concentrations, along with the three-year average are summarized in
Table 2.

Table 2:  Cambria Area Fourth Highest 8-hour Average Values

Cambria County Monitor/AQS ID 42-021-0011

Year	Annual 4th Highest Reading (ppm)

2003	0.083

2004	0.071

2005	0.077

2006	0.073

The average for the 3-year period 2003-2005 is 0.077 ppm

The average for the 3-year period 2004-2006 is 0.074 ppm

The air quality data for 2003-2005 show that the Cambria Area has
attained the standard with a design value of 0.077 ppm.  The data
collected at the Cambria Area monitor satisfies the CAA requirement that
the 3-year average of the annual fourth-highest daily maximum 8-hour
average ozone concentration is less than or equal to 0.08 ppm.  EPA
believes this conclusion remains valid after review of the certified
2006 data because the design value for 2004-2006 would be 0.074 ppm.
PADEP’s request for redesignation for the Cambria Area indicates that
the data is complete and was quality assured in accordance with 40 CFR
part 58.  In addition, as discussed below with respect to the
maintenance plan, PADEP has committed to continue monitoring in
accordance with 40 CFR part 58.  In summary, EPA has determined that the
data submitted by Pennsylvania and data taken from AQS indicate that the
Cambria Area has attained the 8-hour ozone NAAQS.

B.  The Cambria Area Has Met All Applicable Requirements Under Section
110 and Part D of the CAA and Has a Fully Approved SIP Under Section
110(k) of the CAA

EPA has determined that the Cambria Area has met all SIP requirements
applicable for purposes of this redesignation under section 110 of the
CAA (General SIP Requirements) and that it meets all applicable SIP
requirements under Part D of Title I of the CAA, in accordance with
section 107(d)(3)(E)(v).  In addition, EPA has determined that the SIP
is fully approved with respect to all requirements applicable for
purposes of redesignation in accordance with section 107(d)(3)(E)(ii) of
the CAA.  In making these proposed determinations, EPA ascertained which
requirements are applicable to the Cambria Area and determined that the
applicable portions of the SIP meeting these requirements are fully
approved under section 110(k) of the CAA.  We note that SIPs must be
fully approved only with respect to applicable requirements.

The September 4, 1992 Calcagni memorandum (“Procedures for Processing
Requests to Redesignate Areas to Attainment,” Memorandum from John
Calcagni, Director, Air Quality Management Division, September 4, 1992)
describes EPA’s interpretation of section 107(d)(3)(E) with respect to
the timing of applicable requirements.  Under this interpretation, to
qualify for redesignation, States requesting redesignation to attainment
must meet only the relevant CAA requirements that came due prior to the
submittal of a complete redesignation request.  See also, Michael
Shapiro memorandum, September 17, 1993, and 60 FR 12459, 12465-66 (March
7, 1995) (redesignation of Detroit-Ann Arbor).  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.  Sierra Club v. EPA, 375 F.3d 537 (7th Cir.
2004).  See also, 68 FR at 25424, 25427 (May 12, 2003) (redesignation of
St. Louis).

This action also sets forth EPA’s views on the potential effect of the
Court’s ruling in South Coast on this redesignation action.  For the
reasons set forth below, EPA does not believe that the Court’s ruling
alters any requirements relevant to this redesignation action so as to
preclude redesignation, and does not prevent EPA from finalizing this
redesignation.  EPA believes that the Court’s decision, as it
currently stands or as it may be modified based upon any petition for
rehearing that has been filed, imposes no impediment to moving forward
with redesignation of this area to attainment, because in either
circumstance redesignation is appropriate under the relevant
redesignation provisions of the CAA and longstanding policies regarding
redesignation requests.

1.  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)
include, but are not limited to the following:

Submittal of a SIP that has been adopted by the State after reasonable
public notice and hearing;

Provisions for establishment and operation of appropriate procedures
needed to monitor ambient air quality;

Implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD));

Provisions for the implementation of part D requirements for New Source
Review (NSR) permit programs;

Provisions for air pollution modeling; and

Provisions for public and local agency participation in planning and
emission control rule development.

Section 110(a)(2)(D) 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 transport of
air pollutants in accordance with the NOx SIP Call, October 27, 1998 (63
FR 57356), amendments to the NOx SIP Call, May 14, 1999 (64 FR 26298)
and March 2, 2000 (65 FR 11222), and the Clean Air Interstate Rule
(CAIR), May 12, 2005 (70 FR 25162).  However, the section 110(a)(2)(D)
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, we do
believe that these requirements are applicable requirements for purposes
of redesignation.

In addition, EPA believes that the other section 110 elements not
connected with nonattainment plan submissions and not linked with an
area’s attainment status are not applicable requirements for purposes
of redesignation.  The Cambria Area will still be subject to these
requirements after it is redesignated.  The section 110 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.  This policy 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
redesignation (65 FR at 37890, June 19, 2000), and in the Pittsburgh
redesignation (66 FR at 53099, October 19, 2001).  Similarly, with
respect to the NOx SIP Call rules, EPA noted in its Phase 1 Final Rule
to Implement the 8-hour Ozone NAAQS, that the NOx SIP Call rules are not
“an” ‘applicable requirement’ for purposes of section 110(1)
because the NOx rules apply regardless of an area’s attainment or
nonattainment status for the 8-hour (or the 1-hour) NAAQS.” 69 FR
23951, 23983 (April 30, 2004).

EPA believes that section 110 elements not linked to the area’s
nonattainment status are not applicable for purposes of redesignation.
As we explain later in this notice, no Part D requirements applicable
for purposes of redesignation under the 8-hour standard became due for
the Cambria Area prior to the submission of the redesignation request.

Because the Pennsylvania SIP satisfies all of the applicable general SIP
elements and requirements set forth in section 100(a)(2), EPA concludes
that Pennsylvania has satisfied the criterion of section 107(d)(3)(e)
regarding section 110 of the CAA.

 2.  Part D Nonattainment Requirements Under the 8-Hour Standard

Pursuant to an April 30, 2004, final rule (69 FR 23951), the Cambria
Area was designated a basic nonattainment area under subpart 1 for the
8-hour ozone standard.  Sections 172-176 of the CAA, found in subpart 1
of Part D, set forth the basic nonattainment requirements applicable to
all nonattainment areas.  Section 182 of the CAA, found in subpart 2 of
Part D, establishes additional specific requirements depending on the
area’s nonattainment classification.

With respect to the 8-hour standard, the court’s ruling rejected
EPA’s reasons for classifying areas under subpart 1 for the 8-hour
standard, and remanded that matter to the Agency.  Consequently, it is
possible that this area could, during a remand to EPA, be reclassified
under subpart 2.  Although any future decision by EPA to classify this
area under subpart 2 might trigger additional future requirements for
the area, EPA believes that this does not mean that redesignation of the
area cannot now go forward.  This belief is based upon (1) EPA’s
longstanding policy of evaluating redesignation requests in accordance
with the requirements due at the time the request is submitted; and (2)
consideration of the inequity of applying retroactively any requirements
that might in the future be applied.

At the time the redesignation request was submitted, the Cambria Area
was classified under subpart 1 and was obligated to meet subpart 1
requirements.  Under EPA’s longstanding interpretation of section
107(d)(3)(E) of the CAA, to qualify for redesignation, states requesting
redesignation to attainment must meet only the relevant SIP requirements
that came due prior to the submittal of a complete redesignation
request.  See, September 4, 1992 Calcagni memorandum (“Procedures for
Processing Requests to Redesignate Areas to Attainment,” Memorandum
from John Calcagni, Director, Air Quality Management Division).  See
also, Michael Shapiro Memorandum, September 17, 1993, and 60 FR 12459,
12465-66 (March 7, 1995) (Redesignation of Detroit-Ann Arbor); Sierra
Club v. EPA, 375 F.3d 537 (7th Cir. 2004), which upheld this
interpretation; 68 FR 25418, 25424, 25427 (May 12, 2003) (redesignation
of St. Louis).

Moreover, it would be inequitable to retroactively apply any new SIP
requirements that were not applicable at the time the request was
submitted.  The D.C. Circuit has recognized the inequity in such
retroactive rulemaking.  See, Sierra Club v. Whitman, 285 F. 3d 63 (D.C.
Cir. 2002), in which the D.C. Circuit upheld a District Court’s ruling
refusing to make retroactive an EPA determination of nonattainment that
was past the statutory due date.  Such determination would have resulted
in the imposition of additional requirements on that area.  The Court
stated: “Although EPA failed to make the nonattainment determination
within the statutory time frame, Sierra Club’s proposed solution only
makes the situation worse.  Retroactive relief would likely impose large
costs on the States, which would face fines and suits for not
implementing air pollution prevention plans in 1997, even though they
were not on notice at the time.”  Id. at 68.  Similarly, here it would
be unfair to penalize the area by applying to it for purposes of
redesignation, additional SIP requirements under subpart 2 that were not
in effect at the time it submitted its redesignation request.

With respect to 8-hour subpart 2 requirements, if the Cambria Area
initially had been classified under subpart 2, the first two Part D
subpart 2 requirements applicable to the Cambria Area under section
182(a) of the CAA would be a base year inventory requirement pursuant to
section 182(a)(1) of the CAA, and the emissions statement requirement
pursuant to section 182(a)(3)(B).

As stated previously, these requirements are not due for purposes of
redesignation of the Cambria Area, but nevertheless, Pennsylvania
already has in its approved SIP, an emissions statement rule for the
1-hour standard that covers all portions of the designated 8-hour
nonattainment area, and that satisfies the emissions statement
requirement for the 8-hour standard.  See, 25 Pa. Code 135.21(a)(1)
codified at 40 CFR 52.2020; 60 FR 2881, January 12, 1995.  With respect
to the base year inventory requirement, in this notice of proposed
rulemaking, EPA is proposing to approve the 2002 base year inventory for
the Cambria Area, which was submitted on March 27, 2007, concurrently
with its maintenance plan, into the Pennsylvania SIP.  EPA is proposing
to approve the 2002 base year inventory as fulfilling the requirements,
if necessary, of both sections 182(a)(1) and 172(c)(3) of the CAA.  A
detailed evaluation of Pennsylvania’s 2002 base year inventory for the
Cambria Area can be found in a Technical Support Document (TSD) prepared
by EPA for this rulemaking.  EPA has determined that the emission
inventory and the emissions statement for the Cambria Area have been
satisfied.

In addition to the fact that Part D requirements applicable for purposes
of redesignation did not become due prior to submission of the
redesignation request, EPA believes that the general conformity and NSR
requirements do not require approval prior to redesignation.

With respect to section 176, Conformity Requirements, 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 U.S.C. and the Federal
Transit Act (“transportation conformity”) as well as to all other
Federally supported or funded projects (“general conformity”).
State conformity revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
that the CAA required the EPA to promulgate.  EPA believes it is
reasonable to interpret the conformity SIP requirements as not applying
for purposes of evaluating the redesignation request under section
107(d) since State conformity rules are still required after
redesignation and Federal conformity rules apply where State rules have
not been approved.  See, Wall v. EPA, 265 F. 3d 426, 438-440 (6th Cir.
2001), upholding this interpretation.  See also, 60 FR 62748 (December
7, 1995).

In the case of the Cambria Area, EPA has also determined that before
being redesignated, the Cambria Area need not comply with the
requirement that a NSR program be approved prior to redesignation.  EPA
has also determined that areas being redesignated need not comply with
the requirement that a NSR program be approved prior to redesignation,
provided that the area demonstrates maintenance of the standard without
Part D NSR in effect.  The rationale for this position is described in a
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled, “Part D NSR Requirements
of Areas Requesting Redesignation to Attainment.”  Normally, State’s
Prevention of Significant Deterioration (PSD) program will become
effective in the area immediately upon redesignation to attainment.  See
the more detailed explanations in the following redesignation
rulemakings:  Detroit, MI (60 FR 12467-12468, March 7, 1995);
Cleveland-Akron-Lorrain, OH (61 FR 20458, 20469-70, May 7, 1996);
Louisville, KY (66 FR 53665, 53669, October 23, 2001); Grand Rapids, MI
(61 FR 31831, 31836-31837, June 21, 1996).  In the case of the Cambria
Area, the Chapter 127 Part D NSR regulations in the Pennsylvania SIP
(codified at 40 CFR 52.2020(c)(1)) explicitly apply the requirements for
NSR in section 184 of the CAA to ozone attainment areas within the ozone
transport region (OTR).  The OTR NSR requirements are more stringent
than that required for a marginal or basic ozone nonattainment area.  On
October 19, 2001 (66 FR 53094), EPA fully approved Pennsylvania’s NSR
SIP revision consisting of Pennsylvania’s Chapter 127 Part D NSR
regulations that cover the Cambria Area.

EPA has also interpreted the section 184 OTR requirements, including the
NSR program, as not being applicable for purposes of redesignation.  The
rationale for this is based on two considerations.  First, the
requirement to submit SIP revisions for the section 184 requirements
continues to apply to areas in the OTR after redesignation to
attainment.  Therefore, the State remains obligated to have NSR, as well
as reasonably available control technology (RACT), and Vehicle
Inspection and Maintenance (I/M) programs even after redesignation.
Second, the section 184 control measures are region-wide requirements
and do not apply to the Cambria Area by virtue of the area’s
designation and classification. See, 61 FR 53174, 53175-53176 (October
10, 1996) and 62 FR 24826, 24830-32 (May 7, 1997).

3.  Part D Nonattainment Area Requirements Under the 1-Hour Standard

In its December 22, 2006 decision in South Coast, the Court also
addressed EPA’s revocation of the 1-hour ozone standard.   The current
status of the revocation and associated anti-backsliding rules is
dependent on whether the Court ‘s decision stands as originally issued
or is modified in response to any petition for rehearing or request for
clarification that has been filed.  As described more fully below, EPA
determined that the Cambria Area has attained the 1-hour standard by its
attainment date (60 FR 3349, January 17, 1995), continuous to attain
that attain that standard, and has fulfilled any requirements of the
1-hour standard that would apply even if the 1-hour standard is
reinstated and those requirements are viewed as applying under the
statute itself.  Thus, the Court’s decision, as it currently stands,
imposes no impediment to moving forward with redesignation of the
Cambria Area to attainment.

  SEQ CHAPTER \h \r 1 The conformity portion of the Court’s ruling
does not impact the redesignation request for the Cambria Area because
there are no conformity requirements that are relevant to redesignation
request for any standard, including the requirement to submit a
transportation conformity SIP. As we have previously noted, under
longstanding EPA policy, EPA believes it is reasonable to interpret the
conformity SIP requirements as not applying for purposes of evaluating a
redesignation request under section 107(d) because state conformity
rules are still required after redesignation and Federal conformity
rules apply where state rules have not been approved.  40 CFR 51.390.
See, Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), upholding this
interpretation.  See also, 60 FR 62748 (Dec. 7, 1995) (Tampa, FL
redesignation).

  SEQ CHAPTER \h \r 1 With respect to the requirement for submission of
contingency measures for the 1-hour standard, section 182(a) does not
require contingency measures for marginal areas, and, therefore, that
portion of the Court’s ruling does not impact the redesignation
request for the Cambria Area.

Prior to its designation as an 8-hour ozone nonattainment area, the
Cambria Area was designated a marginal nonattainment area for the 1-hour
standard.  With respect to the 1-hour standard, the applicable
requirements of subpart 1 and subpart 2 of Part D (section 182) for the
Cambria Area are discussed in the following paragraphs.

Section 182(a)(2)(A) required SIP revisions to correct or amend RACT for
sources in

marginal areas, such as the Cambria Area, that were subject to control
technique guidelines

(CTGs) issued before November 15, 1990 pursuant to CAA section 108.  On
December  22,

1994, EPA fully approved into the Pennsylvania SIP all corrections
required under section 182(a)(2)(A) of the CAA (59 FR 65971, December
22, 1994).  EPA believes that this requirement applies only to marginal
and higher classified areas under the 1-hour NAAQS pursuant to the 1990
amendments to the CAA; therefore, this is a one-time requirement.  After
an area has fulfilled the section 182(a)(2)(A) requirement for the
1-hour NAAQS, there is no requirement under the 8-hour NAAQS.

Section 182(a)(2)(B) of the CAA relates to the savings clause for
vehicle I/M.  It requires marginal areas to adopt vehicle I/M programs.
This provision was not applicable to the Cambria Area because this area
did not have nor was required to have an I/M program before November 15,
1990.

Section 182(a)(3)(A) is a provision of the CAA that requires a triennial
periodic emissions inventory for the nonattainment area.  The most
recent inventory for the Cambria Area compiled for 2002 and submitted to
EPA as a SIP revision with the maintenance for the Cambria Area.

With respect to NSR, EPA has determined that areas being redesignated
need not have an approved New Source Review program for the same reasons
discussed previously with respect to the applicable Part D requirements
for the 8-hour standard.

Section 182(a)(3(B) is a provision of the CAA that requires sources of
VOCs and NOx in the nonattainment area to submit annual Emissions
Statements regarding the quantity of emissions from the previous year.
As discussed previously, Pennsylvania already has in its approved SIP, a
previously approved emissions statement rule for the 1-hour standard
which applies to the Cambria Area.

Section 182(a)(1) is a provision of the CAA that provides for the
submission of a comprehensive, accurate, current inventory of actual
emissions from all sources, as described in section 172(c)(3), in
accordance with guidance provided by the Administrator.  In this
proposed rule, EPA is proposing to approve a 2002 base year emissions
inventory for the Cambria Area as meeting the requirement of section
182(a)(1).  While EPA generally required that the base year inventory
for the 1-hour standard be for calendar year 1990, EPA believes that
Pennsylvania’s 2002 inventory fulfills this requirement because it
meets EPA’s guidance and because it is more current than 1990.  EPA
also proposes to determine that, if the 1-hour standard is deemed to be
reinstated, the 2002 base year inventory for the 8-hour standard will
provide an acceptable substitute for the base year inventory for the
1-hour standard.

EPA has previously determined that the Cambria Area attained the 1-hour
ozone NAAQS by the November 15, 1993 attainment date (60 FR 3349,
January 17, 1995) and we believe that the Cambria Area is still in
attainment for the 1-hour ozone NAAQS based upon the ozone monitoring
data for the years 2003-2005.  To demonstrate attainment, i.e.,
compliance with this standard, the annual average of the number of
exceedances of the 1-hour standard over a three-year period must be less
than or equal to 1.  Table 3 provides a summary of the number of
expected exceedances for each of the years 2003 through 2006 and three
year annual average.

Table 3:  Cambria Area Number of Expected Exceedances of the 1-Hour
Ozone Standard;

Cambria County Monitor/AQS ID 42-021-0011

Year	Number of Expected Exceedances

2003	0.0

2004	0.0

2005	0.0

2006	0.0

The average number of exceedances for the 3-year period 2003 through
2005 is 0.0.

The average number of exceedances for the 3-year period 2004 through
2006 is 0.0.

In summary, EPA has determined that the data submitted by Pennsylvania
and taken from AQS indicates that the Cambria Area is maintaining air
quality that conforms to the 1-hour ozone NAAQS.  EPA believes this
conclusion remains valid after review of the available 2006 data because
no exceedances were recorded in the Cambria Area in 2006.

4.  Transport Region Requirements

All areas in the OTR, both attainment and nonattainment, are subject to
additional control requirements under section 184 for the purpose of
reducing interstate transport of emissions that may contribute to
downwind ozone nonattainment.  The section 184 requirements include
RACT, NSR, enhanced vehicle I/M, and Stage II vapor recovery or a
comparable measure.

In the case of the Cambria Area, which is located in the OTR,
nonattainment NSR will be applicable after redesignation.  As discussed
previously, EPA fully approved Pennsylvania’s NSR SIP revision which
applies the requirements for NSR of section 184 of the CAA to attainment
areas within the OTR.

As discussed previously in this notice, EPA has interpreted the section
184 OTR requirements, including NSR, as not being applicable for
purposes of redesignation. See, 61 FR 53174, October 10, 1996, and 62 FR
24826 at 24830-24832, May 7, 1997 (Reading, Pennsylvania Redesignation).

5.  Cambria Area has a Fully Approved SIP for Purposes of Redesignation

EPA has fully approved the Pennsylvania SIP for the purposes of this
redesignation.  EPA may rely on prior SIP approvals in approving a
redesignation request.  Calcagni Memo, p.3; Southwestern Pennsylvania
Growth Alliance v. Browner, 144 F. 3d 984, 989-90 (6th Cir. 1998); Wall
v. EPA, 265 F. 3d 426 (6th Cir. 2001), plus any additional measures it
may approve in conjunction with a redesignation action.  See also, 68 FR
at 25425 (May 12, 2003) and citations therein.

C.  The Air Quality Improvement in the Cambria Area 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

EPA believes that the Commonwealth has demonstrated that the observed
air quality improvement in the Cambria Area is due to permanent and
enforceable reductions in emissions resulting from implementation of the
SIP, Federal measures, and other State-adopted measures.  Emissions
reductions attributable to these rules are shown in Table 4.

Table 4:  Total VOC and NOx Emissions for 2002 and 2004 in tons per
summer day (tpsd)

Volatile Organic Compounds (VOC)

Year	Point	Area	Nonroad	Mobile	Total

2002	0.4	 6.4	 3.0	 6.3	 16.1

2004	0.5	 6.1	 2.9	 5.3	 14.8

Diff.(02-04)	0.1	-0.3	-0.1	-1.0	 -1.3

Nitrogen Oxides (NOx)

Year	Point	Area	Nonroad	Mobile	Total

2002	5.8	0.7	 5.6	 9.5	 21.6

2004	6.0	0.7	 5.3	 8.2	 20.2

Diff (02-04)	0.2	0.0	-0.3	-1.3	 -1.4

Between 2002 and 2004, VOC emissions decreased by 1.3 tpsd, and NOx
emissions decreased by 1.4 tpsd.  These reductions, and anticipated
future reductions, are due to the following permanent and enforceable
measures.

  Stationary Point Sources

 Federal NOx SIP Call (66 FR 43795, August 21, 2001)

Stationary Area Sources

Solvent Cleaning (68 FR 2206, January 16, 2003)

Portable Fuel Containers (69 FR 70893, December 8, 2004)

3.  Highway Vehicle Sources

Federal Motor Vehicle Control Programs (FMVCP)

	-Tier 1 (56 FR 25724, June 5, 1991)

-Tier 2 (65 FR 6698, February 10, 2000)

Heavy-duty Engine and Vehicle Standards (62 FR 54694, October 21, 1997,
and 65 FR 59896, October 6, 2000)

National Low Emission Vehicle (NLEV) Program (PA) (64 FR 72564, December
28, 1999)

Vehicle Emission Inspection/Maintenance Program (70 FR 58313, October 6,
2005)

4.  Non-Road Sources

Non-road Diesel (69 FR 38958, June 29, 2004)

EPA believes that permanent and enforceable emissions reductions are the
cause of the long-term improvement in ozone levels and are the cause of
the Cambria Area achieving attainment of the 8-hour ozone standard.

D.  The Cambria Area Has a Fully Approvable Maintenance Plan Pursuant to
Section 175A of the CAA

In conjunction with its request to redesignate the Cambria Area to
attainment status, Pennsylvania submitted a SIP revision to provide for
maintenance of the 8-hour ozone NAAQS in the Cambria Area for at least
11 years after redesignation.  The Commonwealth is requesting that EPA
approve this SIP revision as meeting the requirement of CAA 175A.  Once
approved, the maintenance plan for the 8-hour ozone NAAQS will ensure
that the SIP for the Cambria Area meets the requirements of the CAA
regarding maintenance of the applicable 8-hour ozone standard.

What Is Required in a Maintenance Plan?

Section 175 of the CAA sets forth the elements of a maintenance plan for
areas seeking redesignation from nonattainment to attainment.  Under
section 175A, 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
Commonwealth 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 8-hour ozone violations.  Section 175A
of the CAA sets forth the elements of a maintenance plan for areas
seeking redesignation from nonattainment to attainment.  The Calcagni
memo provides additional guidance on the content of a maintenance plan.
An ozone maintenance plan should address the following provisions:

(a)  an attainment emissions inventory;

(b)  a maintenance demonstration;

(c)  a monitoring network;

(d)  verification of continued attainment; and

(e)  a contingency plan.

Analysis of the Cambria Area Maintenance Plan

(a) Attainment inventory – An attainment inventory includes the
emissions during the time period associated with the monitoring data
showing attainment.  PADEP determined that the appropriate attainment
inventory year is 2004.  That year establishes a reasonable year within
the three-year block of 2003-2005 as a baseline and accounts for
reductions attributable to implementation of the CAA requirements to
date.  The 2004 inventory is consistent with EPA guidance and is based
on actual “typical summer day” emissions of VOC and NOx during 2004
and consists of a list of sources and their associated emissions.

The 2002 and 2004 point source data was compiled from actual sources.
Pennsylvania requires owners and operators of larger facilities to
submit annual production figures and emission calculations each year.
Throughput data are multiplied by emission factors from Factor
Information Retrieval (FIRE) Data Systems and EPA’s publication series
AP-42, and are based on Source Classification Codes (SCC).

The 2002 area source data was compiled using county-level activity data,
from census numbers, from county numbers, etc.  The 2004 area source
data was projected from the 2002 inventory using temporal allocations
provided by the Mid-Atlantic Regional Air Management Association
(MARAMA).

The on-road mobile source inventories for 2002 and 2004 were compiled
using MOBILE6.2 and Pennsylvania Department of Transportation (PENNDOT)
estimates for VMT.  The PADEP has provided detailed data summaries to
document the calculations of mobile on-road VOC and NOx emissions for
2002, as well as for the projection years of 2004, 2009, and 2018 (shown
in Tables 5 and 6 below).

The 2002 and 2004 emissions for the majority of non-road emission source
categories were estimated using the EPA NONROAD 2005 model. The NONROAD
model calculates emissions for diesel, gasoline, liquefied petroleum
gasoline, and compressed natural gas-fueled non-road equipment types and
includes growth factors.  The NONROAD model does not estimate emissions
from locomotives or aircraft.  For 2002 and 2004 locomotive emissions,
the PADEP projected emissions from a 1999 survey using national fuel
consumption information and EPA emission and conversion factors.  There
are no significant air carrier operations (aircraft that can seat over
60 passengers) in Cambria County.  The Johnstown Airport supports some
air taxi operations that account for a very small amount of emissions.
For 2002 and 2004 aircraft emissions, PADEP estimated emissions using
small airport operations statistics from   HYPERLINK
"http://www.airnav.com"  www.airnav.com , and emission factors and
operational characteristics in the EPA-approved model, Emissions and
Dispersion Modeling System (EDMS).

More detailed information on the compilation of the 2002, 2004, 2009,
and 2018 inventories can found in the Technical Appendices, which are
part of this submittal.

Maintenance Demonstration – On March 27, 2007, the PADEP submitted a
maintenance plan as required by section 175A of the CAA.  The Cambria
Area maintenance plan shows maintenance of the 8-hour ozone NAAQS by
demonstrating that current and future emissions of VOC and NOx remain at
or below the attainment year 2004 emissions levels throughout the
Cambria Area through the year 2018.  A maintenance demonstration need
not be based on modeling.  See, Wall v. EPA, supra; Sierra Club v. EPA,
supra.  See also, 66 FR at 53099-53100; 68 FR at 25430-32.

Tables 5 and 6 specify the VOC and NOx emissions for the Cambria Area
for 2004, 2009, and 2018.  The PADEP chose 2009 as an interim year in
the maintenance demonstration period to demonstrate that the VOC and NOx
emissions are not projected to increase above the 2004 attainment level
during the time of the maintenance period.

Table 5:  Total VOC Emissions for 2004-2018 (tpsd)

Source Category	2004 VOC

Emissions	2009 VOC

Emissions	2018 VOC Emissions

Point*	0.5	0.3	0.4

Area	6.1	5.5	5.4

Mobile**	5.3	3.8	2.3

Nonroad	2.9	2.4	2.1

Total	14.8	12.0	10.2

*The stationary point source emissions shown here do not include
available banked emission credits as indicated in Appendix A-4 submitted
with the maintenance plan.

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

Table 6:  Total NOx Emissions for 2004-2018 (tpsd)

Source

Category	2004 NOx

Emissions	2009 NOx

Emissions	2018 NOx

Emissions

Point*	6.0	6.5	6.9

Area	0.7	0.7	0.8

Mobile**	8.2	5.6	2.7

Non-road	5.3	4.5	3.4

Total	20.2	17.3	13.7

*The stationary point source emissions shown here do not include
available banked emission credits as indicated in Appendix A-4.

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

Additionally, the following programs are either effective or due to
become effective and will further contribute to the maintenance
demonstration of the 8-hour ozone NAAQS:

The Clean Air Interstate Rule (CAIR)  (71 FR 25328, April 28, 2006).

The Federal NOx SIP Call (66 FR 43795, August 21, 2001).

Area VOC regulations concerning portable fuel containers (69 FR 70893,
December 8, 2004), consumer products (69 FR 70895, December 8, 2004),
and architectural and industrial maintenance coatings (AIM) (69 FR
68080, November 23, 2004).

Federal Motor Vehicle Control Programs (light-duty ) (Tier 1, Tier 2; 56
FR 25724, June 5, 1991; 65 FR 6698, February 10, 2000).

Vehicle emission/inspection/maintenance program (70 FR 58313, October 6,
2005).

Heavy duty diesel on-road (2004/2007) and low sulfur on-road (2006); 66
FR 5002, (January 18, 2001).

Non-road emission standards (2008) and off-road diesel fuel 2007/2010);
69 FR 38958 (June 29, 2004).

NLEV/PA Clean Vehicle Program (54 FR 72564, December 28, 1999) -
Pennsylvania will implement this program in car model year 2008.

Pennsylvania Heavy-Duty Diesel Emissions Control Program. (May 10,
2002).

Based on the comparison of the projected emissions and the attainment
year emissions along with the additional measures, EPA concludes that
PADEP has successfully demonstrated that the 8-hour ozone standard
should be maintained in the Cambria Area.

(c)  Monitoring Network – There is currently one monitor measuring
ozone in the Cambria Area.  PADEP will continue to operate its current
air quality monitor (located in Cambria County), in accordance with 40
CFR part 58.

(d)  Verification of Continued Attainment – In addition to maintaining
the key elements of its regulatory program, the Commonwealth will track
the attainment status of the ozone NAAQS in the Cambria Area by
reviewing air quality and emissions data during the maintenance period.
The Commonwealth will perform an annual evaluation of Vehicle Miles
Traveled (VMT) data and emissions reported from stationary sources, and
compare them to the assumptions about these factors used in the
maintenance plan.  The Commonwealth will also evaluate the periodic
(every three years) emission inventories prepared under EPA’s
Consolidated Emission Reporting Regulation (40 CFR 51, subpart A) to see
if they exceed the attainment year inventory (2004) by more than 10
percent.  PADEP will also continue to operate the existing ozone
monitoring station in the Area pursuant to 40 CFR part 58 throughout the
maintenance period and submit quality-assured ozone data to EPA through
the AQS system.  Section 175A(b) of the CAA states that eight years
following the redesignation of the Cambria Area, PADEP will be required
to submit a second maintenance plan that will ensure attainment through
2028.  PADEP has made that commitment to meet the requirement of section
175A(b).

(e) The Maintenance Plan’s Contingency Measures – The contingency
plan provisions are designed to promptly correct a violation of the
NAAQS that occurs after redesignation.  Section 175A of the CAA requires
that a maintenance plan include such contingency measures as EPA deems
necessary to ensure that the State will promptly correct a violation of
the NAAQS that occurs after redesignation.  The maintenance plan should
identify the events that would “trigger” the adoption and
implementation of a contingency measure(s), the contingency measure(s)
that would be adopted and implemented, and the schedule indicating the
time frame by which the state would adopt and implement the measure(s).

The ability of the Cambria Area to stay in compliance with the 8-hour
ozone standard after redesignation depends upon VOC and NOx emissions in
the area remaining at or below 2004 levels.  The Commonwealth’s
maintenance plan projects VOC and NOx emissions to decrease and stay
below 2004 levels through the year 2018.  The Commonwealth’s
maintenance plan outlines the procedures for the adoption and
implementation of contingency measures to further reduce emissions
should a violation occur.

Contingency measures will be considered if for two consecutive years the
fourth highest 8-hour ozone concentrations at the Cambria County monitor
are above 84 ppb.  If this trigger point occurs, the Commonwealth will
evaluate whether additional local emission control measures should be
implemented in order to prevent a violation of the air quality standard.
 PADEP will also analyze the conditions leading to the excessive ozone
levels and evaluate which measures might be most effective in correcting
the excessive ozone levels.  PADEP will also analyze the potential
emissions effect of Federal, state, and local measures that have been
adopted but not yet implemented at the time the excessive ozone levels
occurred.  PADEP will then begin the process of implementing any
selected measures.

Contingency measures will also be considered in the event that a
violation of the 8-hour ozone standard occurs at the Cambria County,
Pennsylvania monitor.  In the event of a violation of the 8-hour ozone
standard, PADEP will adopt additional emissions reduction measures as
expeditiously as practicable in accordance with the implementation
schedule listed later in this notice and the Pennsylvania Air Pollution
Control Act in order to return the area to attainment with the standard.
 Contingency measures to be considered for the Cambria Area will
include, but not be limited to the following:

Regulatory measures:

- Additional controls on consumer products.

- Additional controls on portable fuel containers.

 Non-Regulatory measures:

- Voluntary diesel engine “chip reflash” (installation software to
correct the defeat      device option on certain heavy-duty diesel
engines).

- Diesel retrofit, including replacement, repowering or alternative fuel
use, for public         or private local on-road or off-road fleets.

      - Idling reduction technology for Class 2 yard locomotives.

      - Idling reduction technologies or strategies for truck stops,
warehouses and other                 freight- handling facilities.

-  Accelerated turnover of lawn and garden equipment, especially
commercial          equipment, including promotion of electric
equipment.

	      - Additional promotion of alternative fuel (e.g., biodiesel) for
home heating and agricultural use.

The plan lays out a process to have any regulatory contingency measures
in effect within 19 months of the trigger.  The plan also lays out a
process to implement the non-regulatory contingency measures within
12-24 months of the trigger.

VII.  Are the Motor Vehicle Emissions Budgets Established and Identified
in the Cambria Area Maintenance Plan Adequate and Approvable?

A.  What are the Motor Vehicle Emissions Budgets?

Under the CAA, States are required to submit, at various times, control
strategy SIPs and maintenance plans in ozone areas.  These control
strategy SIPs (i.e., RFP SIPs and attainment demonstration SIPs) and
maintenance plans identify and establish MVEBs for certain criteria
pollutants and/or their precursors to address pollution from on-road
mobile sources.  In the maintenance plan, the MVEBs are termed
“on-road mobile source emission budgets.”  Pursuant to 40 CFR part
93 and 51.112, MVEBs must be established in an ozone maintenance plan.
An MVEB is the portion of the total allowable emissions that is
allocated to highway and transit vehicle use and emissions.  An MVEB
serves as a ceiling on emissions from an area’s planned transportation
system.  The MVEB concept is further explained in the preamble to the
November 24, 1993, transportation conformity rule (58 FR 62188).  The
preamble also describes how to establish and revise the MVEBs in control
strategy SIPs and maintenance plans.

Under section 176(c) of the CAA, new transportation projects, such as
the construction of new highways, must “conform” to (i.e., be
consistent with) the part of the State’s air quality plan that
addresses pollution from cars and trucks.  “Conformity” to the SIP
means that transportation activities will not cause new air quality
violations, worsen existing violations, or delay timely attainment of or
reasonable progress towards the NAAQS.  If a transportation plan does
not “conform,” most new projects that would expand the capacity of
roadways cannot go forward.  Regulations at 40 CFR part 93 set forth EPA
policy, criteria, and procedures for demonstrating and ensuring
conformity of such transportation activities to a SIP.

When reviewing submitted “control strategy” SIPs or maintenance
plans containing MVEBs, EPA must affirmatively find the MVEB contained
therein “adequate” for use in determining transportation conformity.
 After EPA affirmatively finds the submitted MVEB is adequate for
transportation conformity purposes, that MVEB can be used by state and
federal agencies in determining whether proposed transportation projects
“conform” to the SIP as required by section 176(c) of the CAA.
EPA’s substantive criteria for determining “adequacy” of a MVEB
are set out in 40 CFR 93.118(e)(4)

EPA’s process for determining “adequacy” consists of three basic
steps:  public notification of a SIP submission, a public comment
period, and EPA’s adequacy finding.  This process for determining the
adequacy of submitted SIP MVEBs was initially outlined in EPA’s May
14, 1999 guidance, “Conformity Guidance on Implementation of March 2,
1999, Conformity Court Decision.”  This guidance was finalized in the
Transportation Conformity Rule Amendments for the “New 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards and Miscellaneous
Revisions for Existing Areas; Transportation Conformity Rule Amendments
– Response to Court Decision and Additional Rule Change” on July 1,
2004 (69 FR 40004).  EPA consults this guidance and follows this
rulemaking in making its adequacy determinations.

The MVEBS for the Cambria Area are listed in Table 1 of this document
for 2009 and 2018, and are the projected emissions for the on-road
mobile sources plus any portion of the safety margin allocated to the
MVEBs (safety margin allocation for 2009 and 2018 only).  These emission
budgets, when approved by EPA, must be used for transportation
conformity determinations.

B.  What is a Safety Margin?

A safety margin is the difference between the attainment level of
emissions (from all sources) and the projected level of emissions (from
all sources) in the maintenance plan.  The attainment level of emissions
is the level of emissions during one of the years in which the area met
the NAAQS.  The safety margin is the extra emissions that can be
allocated as long as the total attainment level of emissions is
maintained.  The credit, or a portion thereof, can be allocated to any
of the source categories.   The following example is for the 2018 safety
margin:  the Cambria Area first attained the 8-hour ozone NAAQS during
the 2002 to 2004 time period.  The Commonwealth used 2004 as a year to
determine attainment levels of emissions for the Cambria Area.

The total emissions from point, area, mobile on-road, and mobile
non-road sources in 2004 equaled 14.8 tpd of VOC and 20.2 tpd of NOx.
PADEP projected emissions out to the year 2018 and projected a total of
10.2 tpd of VOC and 13.7 tpd of NOx from all sources in the Cambria
Area.  The safety margin for the Cambria Area for 2018 is the difference
between these amounts, or 4.6 tpd of VOC and 6.5 tpd of NOx.  The
emissions up to the level of the attainment year including the safety
margins are projected to maintain the area’s air quality consistent
with the 8-hour ozone NAAQS.  Table 7 shows the safety margins for the
2009 and 2018 years.

Table 7:  2009 and 2018 Safety Margins for the Cambria Area

Inventory Year	VOC Emissions (tpd)	NOx Emissions (tpd)

2004 Attainment	14.8	20.2

2009 Interim	12.0	17.3

2009 Safety Margin	2.8	2.9

2004 Attainment	14.8	20.2

2018 Final	10.2	13.7

2018 Safety Margin	4.6	6.5

PADEP allocated 0.2 tpd VOC and 0.2 tpd NOx to the 2009 interim VOC
projected on-road mobile source emissions projection and the 2009
interim NOx projected on-road mobile source emissions projection to
arrive at the 2009 MVEBs.  For the 2018 MVEBs, PADEP allocated 0.3 tpd
VOC and 0.3 tpd NOx from the 2018 safety margins to arrive at the 2018
MVEBs.  Once allocated to the mobile source budgets, these portions of
the safety margins are no longer available, and may not be allocated to
any other source category.  Table 8 shows the final 2009 and 2018 MVEBs
for the Cambria Area.

Table 8:  2009 and 2018 Final MVEBs for the Cambria Area

Inventory Year	VOC Emissions (tpd)	NOx Emissions (tpd)

2009 Projected On-road Mobile Source Projected Emissions	3.6	5.4

2009 Safety Margin Allocated to MVEBs	0.2	0.2

2009 MVEBs	3.8	5.6

2018 Projected On-road Mobile Source Projected Emissions	2.0	2.4

2018 Safety Margin Allocated to MVEBs	0.3	0.3

2018 MVEBs	2.3	2.7

C.  Why Are the MVEBs Approvable?

The 2009 and 2018 MVEBs for the Cambria Area are approvable because the
MVEBs for NOx and VOCs continue to maintain the total emissions at or
below the attainment year inventory levels as required by the
transportation conformity regulations.

D.  What Is the Adequacy and Approval Process for the MVEBs in the
Cambria Area Maintenance Plan?

The MVEBs for the Cambria Area maintenance plan are being posted to
EPA’s conformity Website concurrently with this proposal.  The public
comment period will end at the same time as the public comment period
for this proposed rule.  In this case, EPA is concurrently processing
the action on the maintenance plan and the adequacy process for the
MVEBs contained therein.  In this proposed rule, EPA is proposing to
find the MVEBs adequate and also proposing to approve the MVEBs as part
of the maintenance plan.  The MVEBs cannot be used for transportation
conformity until the maintenance plan and associated MVEBs are approved
in a final Federal Register notice, or EPA otherwise finds the budgets
adequate in a separate action following the comment period.

If EPA receives adverse written comments with respect to the proposed
approval of the Cambria Area MVEBs, or any other aspect of our proposed
approval of this updated maintenance plan, we will respond to the
comments on the MVEBs in our final action or proceed with the adequacy
process as a separate action.  Our action on the Cambria Area MVEBs will
also be announced on EPA’s conformity Website:    HYPERLINK
"http://www.epa.gov/otaq/stateresources/transconf/index.htm"
http://www.epa.gov/otaq/stateresources/transconf/index.htm

(once there, click on “Adequacy Review of SIP Submissions).

VIII.  Proposed Actions

EPA is proposing to determine that the Cambria Area has attained the
8-hour ozone NAAQS.  EPA is also proposing to approve the redesignation
of the Cambria Area from nonattainment to attainment for the 8-hour
ozone NAAQS.  EPA has evaluated Pennsylvania’s redesignation request
and determined that it meets the redesignation criteria set forth in
section 107(d)(3)(E) of the CAA.  EPA believes that the redesignation
request and monitoring data demonstrate that the Cambria Area has
attained the 8-hour ozone standard.  The final approval of this
redesignation request would change the designation of the Cambria Area
from nonattainment to attainment for the 8-hour ozone standard.  EPA is
proposing to approve the maintenance plan for the Cambria Area,
submitted on March 27, 2007, as a revision to the Pennsylvania SIP.  EPA
is proposing to approve the maintenance plan for the Cambria Area
because it meets the requirements of section 175A as described
previously in this notice.  EPA is also proposing to approve the 2002
base-year inventory for the Cambria Area, and the MVEBs submitted by
Pennsylvania for the Cambria Area in conjunction with its redesignation
request.  EPA is soliciting public comments on the issues discussed in
this document.  These comments will be considered before taking final
action.

IX.  Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a "significant regulatory action" and therefore
is not subject to review by the Office of Management and Budget.  For
this reason, this action is also not subject to Executive Order 13211,
"Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use"  (66 Fed. Reg. 28355 (May 22, 2001)).  This action
merely proposes to approve state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this proposed rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule proposes to approve pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4).  This proposed
rule also does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely proposes to approve a state rule implementing a
Federal requirement, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This proposed rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it appears a state rule implementing
a Federal standard.

In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS.  It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act.  Redesignation is an
action that affects the status of a geographical area and does not
impose any new requirements on sources.  Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act of
1995 (15 U.S.C. 272 note) do not apply.  As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
proposed rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a clear
legal standard for affected conduct.  EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the (Attorney General(s
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings( issued under the executive order.  This rule,
proposing to approve the redesignation of the Cambria Area to attainment
for the 8-hour ozone NAAQS, the associated maintenance plan, the 2002
base-year inventory, and the MVEBs identified in the maintenance plan,
does not impose an information collection burden under the provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

Air pollution control, National parks, Wilderness Areas.

Authority: 42 U.S.C. 7401 et seq.

                 /s/

___________________________           	____________________________

Dated:  May 25, 2007                                   	Donald S. Welsh,

Regional Administrator,

                                                                 	Region
III.

 Clean Air Act section 176(c)(4)(E) currently requires States to submit
revisions to their SIPs to reflect certain Federal criteria and
procedures for determining transportation conformity.  Transportation
conformity SIPs are different from the motor vehicle emissions budgets
that are established in control strategy SIPs and maintenance plans.

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