[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State EPA approval Additional
revision area submittal date date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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]
----------------------------------------------------------------------------------------------------------------
* * * * *
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
----------------------------------------------------------------------------------------------------------------
Effective date of SIP
Type of control strategy SIP Year PM2.5 NOX approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan...................... 2017 297 8,081 April 13, 2015.
2025 234 5,303 April 13, 2015.
----------------------------------------------------------------------------------------------------------------
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]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area --------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Allentown, PA:
Lehigh County.............. April 13, 2015.... Attainment
Northampton County......... April 13, 2015.... Attainment .................. ..................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
* * * * *
[FR Doc. 2015-08164 Filed 4-10-15; 8:45 am]
BILLING CODE 6560-50-P