[Federal Register: November 17, 2008 (Volume 73, Number 222)]
[Proposed Rules]               
[Page 67827-67828]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no08-36]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0453; FRL-8741-4]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Pittsburgh-Beaver Valley 8-Hour 
Ozone Nonattainment Area to Attainment and Approval of the Area's 
Maintenance Plan; Withdrawal of Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: EPA is withdrawing the proposed rule to approve a 
redesignation request and a maintenance plan State Implementation Plan 
(SIP) revision submitted by the Commonwealth of Pennsylvania. In a 
proposed rule published on July 11, 2007, EPA proposed to approve a 
request that the Pittsburgh-Beaver Valley, Pennsylvania, ozone 
nonattainment area (the Pittsburgh Area) be redesignated as attainment 
for the 8-hour ozone national ambient air quality standard (NAAQS) that 
was promulgated on July 18, 1997. In conjunction with the proposed 
action on the redesignation request, we also proposed to approve a 
maintenance plan for the Pittsburgh Area that provides for continued 
attainment of the 8-hour ozone NAAQS for at least 10 years after 
redesignation, and, to approve a 2002 base year inventory for the 
Pittsburgh Area. On May 29, 2008, the Pennsylvania Department of 
Environmental Protection (PADEP) submitted a letter to formally 
withdraw the redesignation request and the maintenance plan SIP 
revision.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or 
by e-mail at cripps.christopher@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'', 
``us'', or ``our'' is used, we mean EPA.

I. Background

    On April 26, 2007, the PADEP formally submitted a request to

[[Page 67828]]

redesignate the Pittsburgh Area from nonattainment to attainment of the 
8-hour NAAQS promulgated on July 18, 1997 (62 FR 38856) (the ``1997 8-
hour ozone NAAQS''). \1\ Concurrently, on April 26, 2007, the PADEP 
submitted a maintenance plan for the Pittsburgh Area as a SIP revision 
to ensure continued attainment of the 8-hour NAAQS for at least 10 
years after redesignation. The PADEP also submitted a 2002 base year 
inventory as a SIP revision on April 26, 2007.
---------------------------------------------------------------------------

    \1\ On March 27, 2008 (73 FR 16436), EPA revised the level of 
the primary and secondary 8-hour ozone NAAQS from 0.08 parts per 
million (ppm) to 0.075 ppm, but the Pittsburgh Area has not yet been 
designated under this revision to the NAAQS.
---------------------------------------------------------------------------

    In a proposed rule published on July 11, 2007 (72 FR 37683) in the 
Federal Register, EPA proposed to determine that the Pittsburgh Area 
had attained the 1997 8-hour ozone NAAQS. In addition, we proposed to 
approve the April 26, 2007, request that the Pittsburgh Area be 
redesignated as attainment for the 1997 8-hour NAAQS. See, 72 FR 37683 
at 38864, 38686, July 11, 2008.
    In the proposed rule published on July 11, 2007, we also proposed 
to approve two SIP revisions: (1) A maintenance plan for the Pittsburgh 
Area that provides for continued attainment of the 1997 8-hour ozone 
NAAQS for at least 10 years after redesignation including the motor 
vehicle emissions budgets (MVEBs) that were identified in this 
maintenance plan; and (2) a 2002 base year inventory for the Pittsburgh 
Area.
    On May 29, 2008, the PADEP submitted a letter to formally withdraw 
the redesignation request and the maintenance plan SIP revision. On 
August 1, 2008, PADEP affirmed that the Commonwealth was not 
withdrawing the 2002 base year emissions inventory SIP revision 
submitted on April 26, 2007, and submitted a redacted SIP revision 
which contained only the 2002 base year emissions inventory.
    Now that the Commonwealth of Pennsylvania has withdrawn the 
redesignation request and the maintenance plan SIP revision from our 
consideration, we must withdraw our proposed actions on the 
redesignation request and on the maintenance plan and its associated 
MVEBs. In addition, we are withdrawing our proposed determination that 
the Pittsburgh Area has attained the 1997 8-hour ozone NAAQS.
    The other proposed action published on July 11, 2007, on the SIP 
revision consisting of the 2002 base year inventory for the Pittsburgh 
Area is neither affected by this notice nor withdrawn. In this notice 
to withdraw the proposed rulemaking actions on the maintenance plan SIP 
revision and the redesignation request, EPA is not instituting a second 
comment period on the proposed action to approve the 2002 base year 
inventory for the Pittsburgh Area. EPA will make its final decision on 
the 2002 base year inventory for the Pittsburgh Area in a separate 
rulemaking action.

II. Withdrawal of Proposed Actions

    Therefore, EPA is withdrawing the following proposed approval 
actions published on July 11, 2007 (72 FR 37683 at 37694): (1) The 
determination that the Pittsburgh Area has attained the 1997 8-hour 
ozone NAAQS; (2) the Commonwealth's April 26, 2007, request that the 
Pittsburgh Area to be designated to attainment of the 1997 8-hour NAAQS 
for ozone; and (3) the maintenance plan and its MVEBs for the 
Pittsburgh Area, which was submitted on April 26, 2007, as revision to 
the Pennsylvania SIP.

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.

    Dated: November 7, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8-27211 Filed 11-14-08; 8:45 am]

BILLING CODE 6560-50-P