[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Rules and Regulations]
[Pages 34063-34065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14440]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0652; FRL-9929-07-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Update of the Motor Vehicle Emissions Budgets and General 
Conformity Budgets for the Scranton/Wilkes-Barre 1997 8-Hour Ozone 
National Ambient Air Quality Standard Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the Commonwealth of 
Pennsylvania (Pennsylvania). These revisions consist of an update to 
the motor vehicle emissions budgets (MVEBs) for nitrogen oxides 
(NOX) for the 1997 8-Hour Ozone National Ambient Air Quality 
Standard (NAAQS) maintenance SIP for the Scranton/Wilkes-Barre 1997 8-
Hour Ozone NAAQS Maintenance Area (Scranton/Wilkes-Barre Maintenance 
Area or Area). These SIP revisions also include general conformity 
budgets for the construction of the Bell Bend Nuclear Power Plant. In 
addition, these SIP revisions include updated point and area source 
inventories for NOX. EPA is approving these revisions to the 
Pennsylvania SIP in accordance with the requirements of the Clean Air 
Act (CAA).

DATES: This final rule is effective on July 15, 2015.

[[Page 34064]]


ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0652. 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: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 10, 2015 (80 FR 12604), EPA published a notice of proposed 
rulemaking (NPR) for revisions to the Pennsylvania SIP. In the NPR, EPA 
proposed approval of an update to the MVEBs, updates to the point and 
area source inventories, and general conformity budgets for the 
construction of the Bell Bend Nuclear Power Plant. The formal SIP 
revision was submitted by Pennsylvania on May 28, 2014.

II. Summary of SIP Revision

    Pennsylvania's SIP revisions revised the MVEBs for the Scranton/
Wilkes-Barre Maintenance Area to reflect the use of the MOVES model; 
made updates to the point and area source inventories; and established 
general conformity budgets for the construction of the Bell Bend 
Nuclear Power Plant. A detailed discussion of the SIP revisions can be 
found in the SIP submittal, NPR, and technical support document (TSD) 
in this docket. The rationale for EPA's action is explained in the NPR 
and will not be restated here. No public comments were received on the 
NPR.

III. Final Action

    EPA is approving an update to the MVEBs for the Scranton/Wilkes-
Barre Maintenance Area, updates to the point and area source 
inventories for NOX, and general conformity budgets for the 
construction of the Bell Bend Nuclear Power Plant as revisions to the 
Pennsylvania SIP.

IV. 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 14, 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 which approves an update to the MVEBs for the Scranton/
Wilkes-Barre Maintenance Area, updates to the point and area source 
inventories, and general conformity budgets for the construction of the 
Bell Bend Nuclear Power Plant 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 1, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

[[Page 34065]]

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 
revising the entry ``8-Hour Ozone Maintenance Plan and 2002 Base Year 
Emissions Inventory'' for ``Scranton/Wilkes-Barre Area: Lackawanna, 
Luzerne, Monroe and Wyoming Counties'' to read as follows:


Sec.  52.2020  Identification of plan.

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

----------------------------------------------------------------------------------------------------------------
                                                          State
   Name of non-regulatory SIP          Applicable       submittal    EPA Approval date    Additional explanation
            revision                geographic area        date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone Maintenance Plan     Scranton/Wilkes-         6/12/07  11/14/07
 and 2002 Base Year Emissions      Barre Area:                      72 FR 64948........
 Inventory.                        Lackawanna,
                                   Luzerne, Monroe
                                   and Wyoming
                                   Counties.
                                                           5/28/14  6/15/15 [Insert      Revised 2009 and 2018
                                                                     Federal Register     Motor Vehicle Emission
                                                                     citation].           Budgets. Revised 2009
                                                                                          and 2018 point source
                                                                                          inventories. Revised
                                                                                          2018 area source
                                                                                          inventory. General
                                                                                          conformity budgets for
                                                                                          the construction of
                                                                                          the Bell Bend Nuclear
                                                                                          Power Plant. See
                                                                                          sections 52.2043 and
                                                                                          52.2052.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    3. Section 52.2043 is amended by adding paragraphs (d), (e), and 
(f) to read as follows:


Sec.  52.2043  Control strategy for maintenance plans: ozone.

* * * * *
    (d) As of June 15, 2015, EPA approves the following revised 2009 
and 2018 point source inventory for nitrogen oxides (NOX) 
for the Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Protection:

------------------------------------------------------------------------
                                                                   Tons
                                                                    per
               Applicable geographic area                  Year     day
                                                                    NOX
------------------------------------------------------------------------
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area    2009     7.7
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area    2018     5.8
------------------------------------------------------------------------

    (e) As of June 15, 2015, EPA approves the following revised 2018 
area source inventory for nitrogen oxides (NOX) for the 
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area submitted by 
the Secretary of the Pennsylvania Department of Environmental 
Protection:

------------------------------------------------------------------------
                                                                   Tons
                                                                    per
               Applicable geographic area                  Year     day
                                                                    NOX
------------------------------------------------------------------------
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area    2018     7.5
------------------------------------------------------------------------

    (f) As of June 15, 2015, EPA approves the following general 
conformity budgets for 2009 and 2018 for nitrogen oxides 
(NOX) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone 
Maintenance Area submitted by the Secretary of the Pennsylvania 
Department of Environmental Protection:

------------------------------------------------------------------------
                                                                   Tons
                                                                    per
               Applicable geographic area                  Year     day
                                                                    NOX
------------------------------------------------------------------------
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area    2009     1.0
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area    2018     1.0
------------------------------------------------------------------------

    4. Section 52.2052 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.2052  Motor vehicle emissions budgets for Pennsylvania ozone 
areas.

* * * * *
    (d) As of June 15, 2015, EPA approves the following revised 2009 
and 2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides 
(NOX) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone 
Maintenance Area submitted by the Secretary of the Pennsylvania 
Department of Environmental Protection:

------------------------------------------------------------------------
                                                                   Tons
                                                                    per
               Applicable geographic area                  Year     day
                                                                    NOX
------------------------------------------------------------------------
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area    2009    59.3
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area    2018    30.5
------------------------------------------------------------------------

[FR Doc. 2015-14440 Filed 6-12-15; 8:45 am]
 BILLING CODE 6560-50-P