[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Rules and Regulations]
[Pages 24027-24029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09432]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0112; FRL-9945-45-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Attainment Plan for the Lower Beaver Valley Nonattainment 
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 
Lower Beaver Valley nonattainment area (Lower Beaver Valley 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), a modeling demonstration of attainment, and contingency 
measures for the Area. EPA is approving Pennsylvania's lead attainment 
plan for the Lower Beaver Valley 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 25, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0112. 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 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 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: Gerallyn Duke, (215) 814-2084, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On January 20, 2016 (81 FR 3078), 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 Lower 
Beaver Valley Area. The formal SIP revision was submitted by 
Pennsylvania on January 15, 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 (75 FR 71033), EPA designated Vanport and 
Potter Townships in Beaver County, Pennsylvania as the Lower Beaver 
Valley Area for its nonattainment status with respect to the 2008 lead 
NAAQS. On November 22, 2011 (76 FR 72097), EPA revised the Lower Beaver 
Valley Area boundary to include Center Township. The designation of the 
Lower Beaver Valley 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.\1\
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    \1\ EPA determined that extension of the Lower Beaver Valley 
nonattainment area did not affect the required attainment date or 
SIP submission deadline for the Area. See 76 FR 72097 (November 22, 
2011).
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    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 Lower Beaver Valley Area. 
79 FR 10391. With this final approval of Pennsylvania's Lower Beaver 
Valley attainment plan SIP in accordance with section 172(c) of the 
CAA, EPA no longer has any obligation to issue a FIP for the Lower 
Beaver Valley Area in accordance with section 110(c) of the CAA.

II. Summary of SIP Revision

    On January 15, 2015, Pennsylvania through the Department of 
Environmental Protection (PADEP) submitted an attainment plan for the 
Lower Beaver Valley 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 as attainment control measures certain 
provisions of a November 21, 2012 consent order and agreement (COA) 
(specifically including paragraphs 3, 5, and 6) between PADEP and 
Horsehead Corporation (Horsehead), the largest source of lead in the 
Area at the time of designations. Pennsylvania's attainment 
demonstration relied primarily on the emissions reductions achieved by 
the shutdown of the smelter equipment at Horsehead, as required by the 
COA. EPA's analysis of the submitted attainment plan includes a review 
of

[[Page 24028]]

these elements for the Lower Beaver Valley Area.
    EPA's approval of the attainment plan is based on the Agency's 
finding that the Area meets all applicable lead NAAQS attainment plan 
requirements under CAA sections 172, 191, and 192. Due to monitored 
ambient air quality violations in 2013 and 2014, the Area did not 
attain the lead NAAQS by the applicable attainment date of December 
2015. However, closure of Horsehead in 2014 as required per the COA 
will facilitate attainment of the 2008 lead NAAQS by 2017. EPA is 
approving the attainment 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 
Lower Beaver Valley Area.
    Other specific requirements of the SIP submittal attainment plan 
for the Lower Beaver Valley 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. No public comments were 
received on the NPR.

III. Final Action

    EPA is approving the lead attainment plan for the Lower Beaver 
Valley Area as a revision to the Pennsylvania SIP, as submitted on 
January 15, 2015, including the attainment demonstration, base year 
emissions inventory, RACM/RACT and RFP analyses, contingency measures 
and paragraphs 3,5 and 6 of the COA between PADEP and Horsehead 
provided as attainment control measures. EPA has determined that the 
January 15, 2015 SIP revision meets the applicable requirements of the 
CAA. With EPA's final approval of Pennsylvania's Lower Beaver Valley 
Area attainment plan as a SIP revision, EPA no longer has any 
obligation to promulgate a FIP for the 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 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 24, 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 for the 2008 lead NAAQS in the Lower Beaver Valley 
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: April 6, 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 
the entry ``2008 Lead Attainment Plan'' at the end of the table to read 
as follows:


Sec.  52.2020  Identification of plan.

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

[[Page 24029]]



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    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
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                                                  * * * * * * *
2008 Lead Attainment Plan........  Lower Beaver Valley         1/15/15  4/25/16, [Insert     See Sec.  Sec.
                                    Area.                                Federal Register     52.2036(aa) and
                                                                         citation].           52.2055(c).
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* * * * *

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


Sec.  52.2036  Base year emissions inventory.

* * * * *
    (aa) EPA approves as a revision to the Pennsylvania state 
implementation plan the 2010 base year emissions inventory for the 
Lower Beaver Valley, Pennsylvania nonattainment area for the 2008 lead 
NAAQS. This SIP revision was submitted by the Pennsylvania Department 
of Environmental Protection on January 15, 2015. This submittal 
includes the 2010 base year emissions inventory for all relevant 
sources in the Lower Beaver Valley nonattainment area for the pollutant 
lead.

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


Sec.  52.2055  Control strategy: Lead.

* * * * *
    (c) EPA approves the state implementation plan for the Lower Beaver 
Valley, Pennsylvania nonattainment area for the 2008 lead NAAQS. This 
SIP revision includes reasonably available control measures, reasonably 
available control technology, contingency measures, and an attainment 
demonstration submitted by the Pennsylvania Department of Environmental 
Protection on January 15, 2015.

[FR Doc. 2016-09432 Filed 4-22-16; 8:45 am]
 BILLING CODE 6560-50-P