[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Rules and Regulations]
[Pages 20540-20542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07993]


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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 52

[EPA-R03-OAR-2015-0773; FRL-9944-73-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Attainment Plan and Base Year Inventory for the North 
Reading Area for the 2008 Lead National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania (Pennsylvania). The revision demonstrates attainment of 
the 2008 lead national ambient air quality standards (NAAQS) in the 
North Reading 2008 lead nonattainment area (North Reading Area or 
Area). The attainment plan includes the base year emissions inventory, 
an analysis of reasonably available control technology (RACT), 
reasonably available control measures (RACM), and reasonable further 
progress (RFP), modeling demonstration of lead attainment, and 
contingency measures for the Area. EPA is approving Pennsylvania's lead 
attainment plan with the base year emissions inventory for the North 
Reading Area as a revision to Pennsylvania's SIP in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on May 9, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0773. 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

[[Page 20541]]

available through www.regulations.gov or may be viewed 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 Commonwealth's 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 January 11, 2016 (81 FR 1136), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the 
NPR, EPA proposed approval of a revision to Pennsylvania's SIP for the 
purpose of demonstrating attainment of the 2008 lead NAAQS in the North 
Reading Area. The formal SIP revision was submitted by Pennsylvania on 
August 12, 2015.
    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. 
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, EPA designated Alsace and Muhlenberg 
Townships and the Laureldale Borough, all of which are located in Berks 
County, Pennsylvania, as the North Reading Area for its nonattainment 
status with the 2008 lead NAAQS. 76 FR 72097. The designation of the 
North Reading Area as nonattainment for the 2008 lead NAAQS triggered 
requirements under section 191(a) of the CAA, requiring Pennsylvania to 
submit a SIP revision with a plan for how the Area will attain the 2008 
lead NAAQS, as expeditiously as practicable, but no later than December 
31, 2015.
    Section 179(a)(1) of the CAA establishes specific consequences if 
EPA finds that a state has failed to submit a SIP or, with regard to a 
submitted SIP, if EPA determines it is incomplete or if EPA disapproves 
it. Additionally, any of these findings also triggers an obligation for 
EPA to promulgate a federal implementation plan (FIP) if the state has 
not submitted, and EPA has not approved, the required SIP within 2 
years of the finding pursuant to section 110(c) of the CAA. On February 
25, 2014, the EPA issued a finding that Pennsylvania failed to make the 
required nonattainment SIP submission for the North Reading Area. 79 FR 
10391. With this final approval by EPA of Pennsylvania's North Reading 
attainment plan SIP in accordance with section 172(c) of the CAA, the 
Agency no longer has any obligation to issue a FIP for the North 
Reading Area in accordance with section 110(c) of the CAA.

II. Summary of SIP Revision

    On August 12, 2015, Pennsylvania through the Department of 
Environmental Protection (PADEP) submitted an attainment plan for the 
North Reading Area as a SIP revision which includes a base year 
emissions inventory, an attainment demonstration, an analysis of RACM 
and RACT, provisions for RFP, and contingency measures.
    The SIP revision also includes paragraph 3 of a consent order and 
agreement (COA), dated June 15, 2015, between Exide Technologies 
(Exide) and PADEP and paragraphs 5 and 22 of a COA, dated June 12, 
2015, between Yuasa Battery, Inc (Yuasa) and PADEP. EPA's analysis of 
the submitted attainment plan includes a review of these elements for 
the North Reading Area.
    EPA's approval of the attainment plan is based on the Agency's 
finding that the Area meets all lead NAAQS attainment plan requirements 
under CAA sections 172, 191, and 192. Due to monitored ambient air 
quality violations in early 2013, before a major source of lead began 
idling, the Area did not attain the NAAQS, over 36 consecutive three-
month periods, by December 2015, the attainment date. However, as a 
result of implementation of PADEP's August 12, 2015 SIP revision, EPA 
and PADEP expect the North Reading Area will attain the 2008 lead NAAQS 
on the basis of 2014-2016 ambient air quality data. EPA is approving 
the base year emissions inventory submitted with the plan, as well as 
the RACM/RACT and RFP analyses, the attainment demonstration including 
modeling, and the contingency measures for the North Reading Area.
    Other specific requirements of the SIP submittal attainment plan 
for the North Reading Area and the rationale for EPA's proposed action 
are explained in the NPR and its accompanying Technical Support 
Documents (TSDs) and will not be restated here.\1\ No public comments 
were received on the NPR.
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    \1\ In the Control Strategies, Reasonable Further Progress, and 
Contingency Measures TSD that accompanied EPA's NPR, published in 
the Federal Register on January 11, 2016 (81 FR 1136), EPA 
inadvertently made a misstatement when summarizing a small portion 
of a COA between PADEP and Yuasa Battery, Inc. The statement made in 
the TSD was ``Yuasa shall conduct stack testing on all the stacks 
listed above in 2020, and thereafter in any year that is divisible, 
with remainder, by five'' when it should have stated ``Yuasa shall 
conduct stack testing on all the stacks listed above in 2020, and 
thereafter in any year that is divisible, without remainder, by 
five.'' This error was inadvertent and in no way alters EPA's 
conclusion or analysis regarding reasonableness of Pennsylvania's 
RACM for the North Reading Area.
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III. Final Action

    EPA is approving the lead attainment plan for the North Reading 
Area and paragraph 3 of the COA between PADEP and Exide and paragraphs 
5 and 22 of the COA between PADEP and Yuasa, as submitted on August 12, 
2015 as a revision to the Pennsylvania SIP. EPA has determined that the 
SIP meets the applicable requirements of the CAA. Specifically, EPA is 
taking final action to approve Pennsylvania's August 12, 2015 SIP 
submission which includes the attainment demonstration, base year 
emissions inventory, RACM/RACT and RFP analyses, and contingency 
measures.
    With the EPA's final approval of Pennsylvania's North Reading 
attainment plan submittal, EPA no longer has any obligation to 
promulgate a FIP for the North Reading Area pursuant to sections 110(c) 
or 172(c) of the CAA.

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions

[[Page 20542]]

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 7, 2016. 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 Pennsylvania's SIP revision containing 
the attainment plan and base year inventory for the 2008 lead NAAQS in 
the North Reading 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, Lead.

    Dated: March 24, 2016.
Shawn M. Garvin,
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. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
an entry for the attainment plan for the North Reading nonattainment 
area for the 2008 lead national ambient air quality standards at the 
end of the table to read as follows:


Sec.  52.2020  Identification of plan.

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

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                                          Applicable  geographic        State
  Name of non-regulatory SIP revision              area            submittal date        EPA Approval date                Additional explanation
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                                                                      * * * * * * *
Attainment Plan and Base Year Emissions  North Reading Area......         8/12/15  4/8/16 [Insert Federal         See Sec.  Sec.   52.2036(z) and
 Inventory for the North Reading                                                    Register citation].            52.2055(b).
 nonattainment area for the 2008 lead
 NAAQS.
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* * * * *

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


Sec.  52.2036  Base year emissions inventory.

* * * * *
    (z) EPA approves as a revision to the Pennsylvania state 
implementation plan the 2010 base year emissions inventory for the 
North Reading, Pennsylvania nonattainment area for the 2008 lead NAAQS. 
This SIP revision was submitted by the Secretary of the Pennsylvania 
Department of Environmental Protection on August 10, 2015. This 
submittal consists of the 2010 base year emissions inventories for all 
relevant sources in the North Reading nonattainment area for the 
pollutant lead (Pb).

0
4. Section 52.2055 is amended by adding paragraph (b) to read as 
follows:


Sec.  52.2055  Control strategy: Lead.

* * * * *
    (b) EPA approves the state implementation plan for the North 
Reading, Pennsylvania nonattainment area for the 2008 lead NAAQS. This 
SIP revision including reasonably available control measures, 
reasonably available control technology, contingency measures, and 
attainment demonstration was submitted by the Secretary of the 
Pennsylvania Department of Environmental Protection on August 10, 2015.

[FR Doc. 2016-07993 Filed 4-7-16; 8:45 am]
 BILLING CODE 6560-50-P