[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19548-19551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08164]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0789; FRL-9925-94-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Allentown Nonattainment Area to 
Attainment for the 2006 24-Hour Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Commonwealth of Pennsylvania's request to redesignate to attainment the 
Allentown Nonattainment Area (Allentown Area or Area) for the 2006 24-
hour fine particulate matter (PM2.5) national ambient air 
quality standard (NAAQS or standard). EPA has determined that the 
Allentown Area attained the 2006 24-hour PM2.5 NAAQS and 
that it continues to attain the standard. In addition, EPA is 
approving, as a revision to the Pennsylvania State Implementation Plan 
(SIP), the Allentown Area maintenance plan to show maintenance of the 
2006 24-hour PM2.5 NAAQS through 2025 for the Area. The 
maintenance plan includes

[[Page 19549]]

the 2017 and 2025 PM2.5 and nitrogen oxides (NOX) 
mobile vehicle emissions budgets (MVEBs) for the Area for the 2006 24-
hour PM2.5 NAAQS, which EPA is approving for transportation 
conformity purposes. Furthermore, EPA is approving the 2007 base year 
emissions inventory, also included in the maintenance plan, for the 
Area for the 2006 24-hour PM2.5 NAAQS. These actions are 
being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on April 13, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0789. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 through www.regulations.gov or in hard 
copy for public inspection 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 at (215) 814-2182, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On September 5, 2014, the Commonwealth of Pennsylvania, through the 
Pennsylvania Department of Environmental Protection (PADEP), formally 
submitted a request to redesignate the Allentown Area from 
nonattainment to attainment for the 2006 24-hour PM2.5 
NAAQS. Concurrently, PADEP submitted a maintenance plan for the Area as 
a SIP revision to ensure continued attainment throughout the Area over 
the next 10 years. The maintenance plan includes the 2017 and 2025 
PM2.5 and NOX MVEBs for the Area for the 2006 24-
hour PM2.5 NAAQS, which EPA is approving for transportation 
conformity purposes. PADEP also submitted a 2007 comprehensive 
emissions inventory that was included in the maintenance plan for the 
2006 24-hour PM2.5 NAAQS for PM2.5, 
NOX, sulfur dioxide (SO2), volatile organic 
compounds (VOC), and ammonia (NH3).
    On February 4, 2015 (80 FR 6019), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the 
NPR, EPA proposed approval of Pennsylvania's September 5, 2014 request 
to redesignate the Allentown Area to attainment for the 2006 24-hour 
PM2.5 NAAQS. EPA also proposed approval of the associated 
maintenance plan as a revision to the Pennsylvania SIP for the 2006 24-
hour PM2.5 NAAQS, which includes the 2017 and 2025 for 
PM2.5 and NOX MVEBs for the 2006 24-hour 
PM2.5 NAAQS, which EPA proposed to approve for purposes of 
transportation conformity. In addition, EPA proposed approval of the 
2007 emissions inventory to meet the emissions inventory requirement of 
section 172(c)(3) of the CAA.
    The details of Pennsylvania's submittal and the rationale for EPA's 
proposed actions are explained in the NPR and will not be restated 
here. No adverse public comments were received on the NPR.

II. Final Actions

    EPA is taking final actions on the redesignation request and SIP 
revisions submitted on September 5, 2014 by the Commonwealth of 
Pennsylvania, through PADEP for the Allentown Area for the 2006 24-hour 
PM2.5 NAAQS. First, EPA finds that the monitoring data 
demonstrates that the Area has attained the 2006 24-hour 
PM2.5 NAAQS, and continues to attain the standard. Approval 
of this redesignation request will change the official designation of 
the Allentown Area from nonattainment to attainment for the 2006 24-
hour PM2.5 NAAQS. Second, EPA is approving Pennsylvania's 
redesignation request for the 2006 24-hour PM2.5 NAAQS, 
because EPA has determined that the request meets the redesignation 
criteria set forth in section 107(d)(3)(E) of the CAA for this 
standard. Third, EPA is approving the associated maintenance plan for 
the Allentown Area as a revision to the Pennsylvania SIP for the 2006 
24-hour PM2.5 NAAQS because it meets the requirements of 
section 175A of the CAA. The maintenance plan includes the 2017 and 
2025 PM2.5 and NOX MVEBs submitted by 
Pennsylvania for the Allentown Area for transportation conformity 
purposes. In addition, EPA is approving the 2007 emissions inventory as 
meeting the requirement of section 172(c)(3) of the CAA for the 
standard.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this rulemaking action to become effective immediately upon 
publication. A delayed effective date is unnecessary due to the nature 
of a redesignation to attainment, which eliminates CAA obligations that 
would otherwise apply. The immediate effective date for this rulemaking 
action is authorized under both 5 U.S.C. 553(d)(1), which provides that 
rulemaking actions may become effective less than 30 days after 
publication if the rule ``grants or recognizes an exemption or relieves 
a restriction,'' and section 553(d)(3), which allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' The purpose 
of the 30-day waiting period prescribed in section 553(d) is to give 
affected parties a reasonable time to adjust their behavior and prepare 
before the final rule takes effect. Today's rulemaking action, however, 
does not create any new regulatory requirements such that affected 
parties would need time to prepare before the rule takes effect. 
Rather, today's rulemaking action relieves the Commonwealth of 
Pennsylvania of the obligation to comply with nonattainment-related 
planning requirements for the Area pursuant to part D of the CAA and 
approves certain emissions inventories and MVEBs for the Area. For 
these reasons, EPA finds good cause under 5 U.S.C. 553(d) for this 
rulemaking action to become effective on the date of publication.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of a geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. 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. 
Accordingly, this action

[[Page 19550]]

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 Order 
12866 (58 FR 51735, October 4, 1993);
     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).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this 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).

C. Petitions for Judicial Review

    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 June 12, 2015. 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, approving the redesignation request and maintenance 
plan and comprehensive emissions inventory for the Allentown Area for 
the 2006 24-hour PM2.5 NAAQS, may not be challenged later in 
proceedings to enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: March 25, 2015.
William C. Early,
Acting, Regional Administrator, Region III.

    40 CFR parts 52 and 81 are 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 NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
an entry for 2006 24-Hour PM2.5 Maintenance Plan and 2007 
Base Year Emissions Inventory at the end of the table to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

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    Name of non-regulatory SIP      Applicable geographic       State       EPA approval         Additional
             revision                        area          submittal date       date            explanation
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                                                  * * * * * * *
2006 24-Hour PM2.5 Maintenance      Allentown Area                 9/5/14         4/13/15  See Sec.   52.2036(t)
 Plan and 2007 Base Year Emissions   (Lehigh and                                  [Insert   and Sec.
 Inventory.                          Northampton                                  Federal   52.2059(o).
                                     Counties).                                  Register
                                                                                citation]
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* * * * *

0
3. Section 52.2036 is amended by adding paragraph (t) to read as 
follows:


Sec.  52.2036  Base year emissions inventory.

* * * * *
    (t) EPA approves as revisions to the Pennsylvania State 
Implementation Plan the 2007 base year emissions inventory for the 
Allentown 2006 24-hour fine particulate matter (PM2.5) 
nonattainment area submitted by the Pennsylvania Department of 
Environmental Protection on September 5, 2014. The emissions inventory 
includes emissions estimates that cover the general source categories 
of point, area, nonroad, and onroad sources. The pollutants that 
comprise the inventory are PM2.5, nitrogen oxides 
(NOX), volatile organic compounds (VOCs), ammonia 
(NH3), and sulfur dioxide (SO2).

0
4. Section 52.2059 is amended by adding paragraph (o) to read as 
follows:

[[Page 19551]]

Sec.  52.2059  Control strategy: Particular matter.

* * * * *
    (o) EPA approves the maintenance plan for the Allentown 
nonattainment area for the 2006 24-hour PM2.5 NAAQS 
submitted by the Commonwealth of Pennsylvania on September 5, 2014. The 
maintenance plan includes the 2017 and 2025 PM2.5 and 
NOX mobile vehicle emissions budgets (MVEBs) for Lehigh and 
Northampton Counties to be applied to all future transportation 
conformity determinations and analyses for the Allentown nonattainment 
area for the 2006 24-hour PM2.5 NAAQS.

        Allentown Area's Motor Vehicle Emission Budgets for the 2006 24-Hour PM2.5 NAAQS in Tons per Year
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                                                                                          Effective date of SIP
     Type of control strategy SIP            Year            PM2.5            NOX               approval
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Maintenance Plan......................            2017             297           8,081  April 13, 2015.
                                                  2025             234           5,303  April 13, 2015.
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
5. The authority citation for part 81 continues to read as follows:

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

0
6. Section 81.339 is amended under the table entitled ``2006 24-Hour 
PM2.5 NAAQS'' by revising the entries for ``Allentown, PA'' 
to read as follows:


Sec.  81.339  Pennsylvania

* * * * *

PENNSYLVANIA--2006 24-Hour PM2.5 NAAQS

                                             [Primary and secondary]
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                                             Designation \a\                          Classification
        Designated area         --------------------------------------------------------------------------------
                                      Date \1\               Type              Date \2\              Type
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                                                  * * * * * * *
Allentown, PA:
    Lehigh County..............  April 13, 2015....  Attainment
    Northampton County.........  April 13, 2015....  Attainment           ..................  ..................
 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

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[FR Doc. 2015-08164 Filed 4-10-15; 8:45 am]
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