[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Rules and Regulations]
[Pages 32474-32477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13945]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 62, and 81

[EPA-R03-OAR-2015-0311]; FRL-9928-68-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; 2011 Lead Base Year Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Commonwealth of Pennsylvania 
(Pennsylvania) State Implementation Plan (SIP). EPA is proposing to 
approve the 2011 base year emissions inventory SIP revision submittal 
for the 2008 lead National Ambient Air Quality Standards (NAAQS). The 
base year emissions inventory SIP revision was submitted by the 
Pennsylvania Department of Environmental Protection (PADEP) on February 
9, 2015 to meet the requirements of the Clean Air Act (CAA) for the 
Lyons 2008 lead NAAQS nonattainment area (hereafter referred to as the 
``Lyons Area'' or ``Area''). EPA is approving this revision to the 
Pennsylvania SIP in accordance with the requirements of the CAA.

DATES: This rule is effective on August 10, 2015 without further 
notice, unless EPA receives adverse written comment by July 9, 2015. If 
EPA receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0311 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2015-0311, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such

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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-
2015-0311. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI, or otherwise protected, through www.regulations.gov or email. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the SIP 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: Ellen Schmitt, (215) 814-5787, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 12, 2008 (73 FR 66964), EPA revised the lead NAAQS, 
lowering the level from 1.5 micrograms per cubic meter ([mu]g/m\3\) to 
0.15 [mu]g/m\3\ calculated over a three-month rolling average. EPA 
established the NAAQS based on significant evidence and numerous health 
studies demonstrating that serious health effects are associated with 
exposures to lead emissions.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. On November 22, 2010 (75 FR 71033), EPA 
promulgated initial air quality designations for the 2008 lead NAAQS, 
which became effective on December 31, 2010, based on air quality 
monitoring data for calendar years 2007-2009, where there was 
sufficient data to support a nonattainment designation. Designations 
for all remaining areas were completed on November 22, 2011, based on 
air quality monitoring data for calendar years 2008-2010. Effective 
December 31, 2010, the Lyons Area was designated as nonattainment for 
the 2008 lead NAAQS. This designation triggered a requirement for 
Pennsylvania to submit a SIP revision with a plan for how the Lyons 
Area would attain the 2008 lead NAAQS as expeditiously as practicable, 
but no later than December 31, 2015.
    Designation of an area as nonattainment starts the process for a 
state to develop and submit to EPA a SIP revision under title I, part D 
of the CAA. This SIP revision must include, among other elements, a 
demonstration of how the NAAQS will be attained in the nonattainment 
area as expeditiously as practicable, but no later than the date 
required by the CAA, together with a base year emissions inventory, 
reasonably available control measures (RACM), a reasonable further 
progress (RFP) plan, and contingency measures for failure to meet RFP 
and attainment deadlines. Under CAA section 172(b), a state has up to 
three years after an area's designation as nonattainment to submit its 
SIP revision to EPA.
    On December 29, 2014 (79 FR 77911), EPA took final action to 
determine that the Lyons Area (comprised of Kutztown Borough, Lyon 
Borough, Maxatawny Township, and Richmond Township) has ambient air 
quality monitoring data that shows the Area meets the 2008 lead NAAQS. 
This clean data determination was based upon quality assured, quality 
controlled and certified ambient air monitoring data that shows the 
Area has monitored attainment of the 2008 lead NAAQS based on the 
calendar years 2009-2011 data. Pursuant to EPA's Clean Data Policy, 
once EPA finalizes a clean data determination, the requirements for the 
Area to submit an attainment demonstration, RACM, a RFP plan, and 
contingency measures for failure to meet RFP and attainment deadlines 
are suspended for so long as the Area continues to attain the 2008 lead 
NAAQS.
    Since 1995, EPA has applied its interpretation under the Clean Data 
Policy in many rulemakings, suspending certain attainment-related 
planning requirements for individual areas, based on a determination of 
attainment. However, EPA notes that a final determination of attainment 
does not suspend requirements not related to attaining the NAAQS, such 
as the emissions inventory requirement found in CAA section 172(c)(3), 
which requires submission and approval of an inventory of actual 
emissions of lead from all sources in the nonattainment area (i.e., 
base year emissions inventory).
    On February 9, 2015, Pennsylvania submitted a formal revision to 
its SIP that consists of the lead base year emissions inventory for the 
Lyons Area for the 2008 lead NAAQS.

II. Emissions Inventory Requirements

    States are required under section 172(c)(3) of the CAA to develop 
comprehensive, accurate and current emissions inventories of all 
sources of the relevant pollutant or pollutants in the nonattainment 
area. These inventories provide a detailed accounting of all emissions 
and emission sources by precursor or pollutant. In the November 12, 
2008 lead NAAQS rulemaking, EPA finalized the guidance related to the 
emissions inventories requirements. The current regulations are located 
at 40 CFR 51.117(e), and include, but are not limited to, the following 
requirements:
     States must develop and periodically update a 
comprehensive, accurate, current inventory of actual emissions from all 
sources affecting ambient lead concentrations;
     The SIP inventory must be approved by EPA as a SIP element 
and is subject to public hearing requirements; and
     The point source inventory upon which the summary of the 
baseline for lead emissions inventory is based must

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contain all sources that emit 0.5 or more tons of lead per year.
    For the base-year inventory of actual lead emissions, EPA 
recommends using either 2010 or 2011 as the base year for the 
contingency measure calculations, but does provide flexibility for 
using other inventory years if states can show another year is more 
appropriate.\1\ For lead SIPs, the CAA requires that all sources of 
lead emissions in the nonattainment area must be submitted with the 
base-year inventory. In today's action, EPA is approving the base year 
emissions inventory SIP revision submitted by Pennsylvania on February 
9, 2015, (hereinafter also referred to as ``Pennsylvania's 
submission'') as required by section 172(c)(3).
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    \1\ See EPA document titled ``Addendum to the 2008 Lead NAAQS 
Implementation Questions and Answers'' dated August 10, 2012, which 
is included in EPA's SIP Toolkit located at http://www.epa.gov/air/lead/kitmodel.html.
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III. EPA Analysis of the Lyons 2011 Lead Base Year Emissions Inventory

    EPA guidance for emissions inventory development provides that 
actual emissions should be used for purposes of the base year 
inventory.\2\ On February 9, 2015, Pennsylvania submitted to EPA the 
2011 base year emissions inventory for the lead point sources located 
within the Lyons Area. The Lyons Area has the following point sources 
of lead emissions: East Penn Manufacturing Company's Richmond Township 
Facility; East Penn Manufacturing Company's Kutztown Facility; and 
McConway & Torley Kutztown Foundry. PADEP requires larger emitting 
facilities to report production figures and emission calculations 
annually. Throughput data are multiplied by emission factors based on 
source classification codes (SCC) to develop emission estimates.
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    \2\ Id.
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    PADEP submitted EPA's 2011 National Emissions Inventory (NEI) v2 
data for nonpoint source lead emissions. The nonpoint source values for 
the Lyons Area were calculated using Berks County data apportioned by 
population, of which 4.1 percent (%) is included in the Lyons Area. EPA 
reviewed the results, procedures, and methodologies for Pennsylvania's 
submission and found them to be reasonable for calculating the lead 
base year inventory for CAA section 172(c)(3) and in accordance with 40 
CFR 51.117(e). A more detailed description of the SIP submittal and 
EPA's evaluation is included in a Technical Support Document (TSD) 
prepared in support of this rulemaking action. A copy of the TSD is 
available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this document or is also available electronically 
within the Docket for this rulemaking action.

IV. Final Action

    EPA is approving Pennsylvania's submission consisting of the base 
year emissions inventory for the Lyons Area for the 2008 lead NAAQS. 
EPA is publishing this rule without prior proposal because EPA views 
this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on August 10, 2015 without further notice 
unless EPA receives adverse comment by July 9, 2015. If EPA receives 
adverse comment, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. EPA 
will address all public comments in a subsequent final rule based on 
the proposed rule. EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 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 August 10, 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

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extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
Parties with objections to this direct final rule are encouraged to 
file a comment in response to the parallel notice of proposed 
rulemaking for this action published in the proposed rules section of 
today's Federal Register, rather than file an immediate petition for 
judicial review of this direct final rule, so that EPA can withdraw 
this direct final rule and address the comment in the proposed 
rulemaking action. This action to approve Pennsylvania's base year 
emissions inventory for the Lyons Area 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, and Lead.

    Dated: May 20, 2015.
William C. Early,
Acting, Regional Administrator, Region III.

    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 NN--Pennsylvania

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


Sec.  52.2036  Base year emissions inventory.

* * * * *
    (v) EPA approves as a revision to the Pennsylvania State 
Implementation Plan the 2011 base year lead emission inventory for the 
Lyons, Pennsylvania nonattainment area for the 2008 lead NAAQS. This 
SIP revision was submitted by the Acting Secretary of the Pennsylvania 
Department of Environmental Protection, on February 9, 2015. This 
submittal consists of the 2011 base year inventories for all relevant 
sources in the Lyons, Pennsylvania nonattainment area for the pollutant 
lead (Pb).

[FR Doc. 2015-13945 Filed 6-8-15; 8:45 am]
 BILLING CODE 6560-50-P