[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51420-51426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20675]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2019-0262; FRL-10000-27-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation Requests and Maintenance Plans for Delaware 
County and Lebanon County 2012 Fine Particulate Matter Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
requests for redesignation to attainment status as well as state 
implementation plan (SIP) revisions submitted by the Commonwealth of 
Pennsylvania. On January 23, 2019 and February 11, 2019, respectively, 
the Pennsylvania Department of Environmental Protection (PADEP) 
submitted requests for EPA to redesignate the Delaware County and 
Lebanon County nonattainment areas (the Delaware and Lebanon Areas or 
the Areas) to attainment of the 2012 annual fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS). EPA 
is granting PADEP's requests and determining that the Delaware and 
Lebanon Areas meet the 2012 annual PM2.5 NAAQS, based on the 
most recent three years of certified air quality data. The effect of 
this action is to change the designation status of the Delaware and 
Lebanon Areas from nonattainment to attainment for the 2012 annual 
PM2.5 NAAQS, thereby removing the requirement for a 
nonattainment new source review (NNSR) permitting program and stopping 
the sanctions clock associated with a finding of failure to submit NNSR 
updates for the 2012 annual PM2.5 NAAQS. EPA is also 
approving PADEP's plans to ensure that the Delaware and Lebanon Areas 
continue to meet the 2012 PM2.5 NAAQS through 2030 
(maintenance plans) as revisions to the Pennsylvania SIP. The 
maintenance plans for the Delaware and Lebanon Areas include 2014, 
2022, and 2030 motor vehicle emissions budgets (MVEBs) for mobile 
sources of PM2.5 and nitrogen oxides (NOX). 
Finally, EPA is finding these 2014, 2022, and 2030 MVEBs for 
PM2.5 and NOX adequate and is approving these 
MVEBs into the Pennsylvania SIP for transportation conformity purposes. 
This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on October 30, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2019-0262. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., 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 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2181. Ms. Pino can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 18, 2014, the EPA Administrator signed a final action 
promulgating initial designations for the 2012 primary PM2.5 
NAAQS based on 2011-2013 air quality monitoring data for the majority 
of the United States. 80 FR 2206 (January 15, 2015). In that action, 
the Delaware Area, which consists of Delaware County, Pennsylvania, and 
the Lebanon Area, which consists of Lebanon County, Pennsylvania, were 
designated as moderate nonattainment areas for the 2012 annual 
PM2.5 NAAQS. See 40 CFR 81.339.
    On April 6, 2018, EPA published a ``finding of failure to submit'' 
required SIP elements for the 2012 annual PM2.5 NAAQS for 
several nonattainment areas nationwide, including the Delaware and 
Lebanon Areas. See 83 FR 14759. EPA's finding of failure to submit, 
effective May 7, 2018, included a determination that Pennsylvania had 
not met its obligations for the NNSR permit program because 
Pennsylvania did not regulate emissions of volatile organic compounds 
(VOCs) and ammonia (NH3) as PM2.5 precursors. 
Sanctions associated with this finding for the Delaware and Lebanon 
Areas will take effect on November 7, 2019, unless EPA fully approves 
the Pennsylvania's redesignation requests by November 7, 2019. As NNSR 
is not required in attainment areas, upon final redesignation of the 
Delaware and Lebanon Areas to attainment, the NNSR updates will no 
longer be required for the Areas, thus nullifying the findings of 
failure to submit and stopping the sanctions clock.
    On January 23, 2019 and February 11, 2019, respectively, PADEP 
submitted requests for EPA to redesignate the Delaware and Lebanon 
Areas to attainment of the 2012 annual PM2.5 NAAQS. Section 
107(d)(3)(E) of the CAA allows redesignation of an area to attainment 
of the NAAQS provided that: (1) The Administrator (EPA) determines that 
the area has attained the applicable NAAQS; (2) the Administrator has 
fully approved the applicable implementation plan for the area under 
section 110(k) of the CAA; (3) the Administrator determines that the 
improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP, applicable Federal air pollutant control regulations, and other 
permanent and enforceable emission reductions; (4) the Administrator 
has fully approved a maintenance plan for the area as meeting the 
requirements of section 175A of the CAA; and (5) the state containing 
the area has met all requirements applicable to the area for purposes 
of redesignation under section 110 and part D of title I of the CAA. 
EPA evaluated Pennsylvania's redesignation requests for the Delaware 
and Lebanon County Areas and determined that they met these criteria. 
Therefore, EPA proposed approval of Pennsylvania's redesignation 
requests and the associated maintenance plans for the Delaware and 
Lebanon County Areas in a notice of proposed pulemaking (NPRM) on July 
16, 2019 (84 FR 33886).

II. Summary of SIP Revision and EPA Analysis

    EPA is taking several actions related to the redesignation of the 
Delaware and Lebanon Areas to attainment of the 2012 annual 
PM2.5 NAAQS. EPA is finding that the Delaware and Lebanon 
moderate nonattainment areas are attaining the 2012 annual 
PM2.5 NAAQS. EPA is approving Pennsylvania's 2012 annual 
PM2.5

[[Page 51421]]

maintenance plans for the Delaware and Lebanon Areas as revisions to 
the Pennsylvania SIP that include MVEBs for PM2.5 and 
NOX for the years 2014, 2022, and 2030. Further, EPA is 
finding that Pennsylvania meets the requirements for redesignation of 
the Delaware and Lebanon Areas to attainment of the 2012 annual 
PM2.5 NAAQS under section 107(d)(3)(E) of the CAA. EPA is 
thus granting Pennsylvania's request to change the designation of the 
Delaware and Lebanon Areas from nonattainment to attainment of the 2012 
annual PM2.5 NAAQS. Finally, EPA is finding the 2014, 2022, 
and 2030 MVEBs for PM2.5 and NOX adequate for 
transportation conformity purposes and is finalizing the approval of 
the MVEBs into the Pennsylvania SIP. The comment period for these MVEBs 
began upon publication of the NPRM with EPA's posting of the 
availability of Pennsylvania's maintenance plan submittal for the 
Delaware and Lebanon Areas on EPA's Adequacy website which can be found 
at https://www.epa.gov/state-and-local-transportation.
    Other specific requirements of Pennsylvania's redesignation 
requests, maintenance plans, and associated MVEBs, and the rationale 
for EPA's proposed action are explained in the NPRM and will not be 
restated here.

III. Public Comments and EPA Response

    During the public comment period on EPA's July 16, 2019 NPRM for 
this rulemaking, EPA received comments from one anonymous commenter. 
Those comments and EPA's responses are discussed below. All of the 
comments received and any submitted attachments are included in the 
docket for this action, available online at www.regulations.gov, Docket 
ID: EPA-R03-OAR-2019-0262.
    Comment 1: The commenter argues that EPA's own data indicates that 
the annual readings from the Delaware County monitors are going up, 
from 11.0 micrograms per cubic meter ([micro]g/m\3\) in 2016 to 9.1 
[micro]g/m\3\ in 2017 to 12.1 [micro]g/m\3\ in 2018.
    EPA Response 1: EPA disagrees with this comment. It is more 
relevant to look at trends in the design value (DV), which is a 
statistic or summary metric based on the most recent three years of 
monitored data that describes the air quality status of a given 
location relative to the level of the NAAQS, rather than trends in 
annual mean at a given monitoring site, for two reasons: First, design 
values can be directly compared to the NAAQS, since they are in the 
same form as the NAAQS. In appendix N to 40 CFR part 50, 
``Interpretation of the National Ambient Air Quality Standards for 
PM2.5,'' the annual PM2.5 design value is defined 
as the ``3-year average of PM2.5 annual mean mass 
concentrations for each eligible monitoring site.'' As stated in EPA's 
regulations at 40 CFR 50.18, ``The primary annual PM2.5 
standard is met when the annual arithmetic mean concentration, as 
determined in accordance with appendix N of this part, is less than or 
equal to 12.0 [micro]g/m\3\.'' Pursuant to section 4.1 of appendix N of 
40 CFR part 50, the primary annual PM2.5 NAAQS is met ``when 
the annual PM2.5 NAAQS DV is less than or equal to 12.0 
[micro]g/m\3\ at each eligible monitoring site.'' Second, because the 
DV is calculated as a three-year average, it better accounts for year 
to year variability in meteorological conditions and economic factors 
that may impact the emissions and/or particulate matter formation in an 
area, and thereby affect the annual mean at a given monitoring site. 
The ten-year trends in DVs at the two Delaware County monitoring sites 
are shown in Table 1. This data is publicly available, and can be found 
at EPA's Air Quality Design Values website: https://www.epa.gov/air-trends/air-quality-design-values.

                                                                      Table 1--Delaware County DVs, 2007-2009 to 2016-2018
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                                                                                    Design value([micro]g/m3)
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                            Site ID                              2007-2009    2008-2010    2009-2011    2010-2012    2011-2013    2012-2014    2013-2015    2014-2016    2015-2017    2016-2018
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42-045-0002...................................................         13.7         13.3         12.9         13.1         12.4         12.3         11.6         11.5         10.3         10.7
42-045-0109 *.................................................  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........          9.4          9.4
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* This site started operating on January 1, 2015. Its first valid design value was the 2015-2017 design value.

    Figure 1 graphically depicts the ten-year DV trend at site 42-045-
0002. EPA did not plot the trend for site 42-045-0109, as it only has 
two valid design values. Through a linear regression analysis, Figure 1 
shows a downward trend for site 42-045-0002, with the 2015-2017 DV 
noticeably lower than the ten-year trend line, and the 2016-2018 DV 
slightly above.

[[Page 51422]]

[GRAPHIC] [TIFF OMITTED] TR30SE19.026

    EPA also examined annual mean data for the primary monitor \1\ at 
site 42-045-0002 for a similar timeframe. This data was obtained from 
EPA's Air Quality System (AQS) database, and is set out in Table 2. 
This data has been added to the docket for this final action, available 
online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2019-
0262.
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    \1\ The primary monitor at site 42-045-0002 was POC 1 for 2007-
2009, and POC 3 for 2010-2018. ``POC'' refers to the Parameter 
Occurrence Code. POCs are used to distinguish between different 
monitors at one site that are measuring the same ``parameter'' (i.e. 
PM2.5).

                               Table 2--Delaware County 2007-2018 Annual Means at the Primary Monitor at Site 42-045-0002
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                                                              Annual mean  ([micro]g/m\3\)
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    2007         2008         2009         2010         2011         2012         2013         2014         2015         2016        2017        2018
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    14.45        13.84        13.01        13.53        12.96        13.12        11.48        12.66        10.74        11.04         9.07       11.38
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    Figure 2 graphically depicts the annual mean trend at the primary 
monitor at site 42-045-0002. Figure 2 shows that the 2017 annual mean 
is noticeably lower than the trend line, and the 2018 annual mean is 
noticeably higher. Similar variability in annual means is seen 
throughout the 12-year period. This is expected, since annual means are 
more sensitive to annual changes in weather patterns and emissions than 
DVs. However, Figure 2 shows a downward trend for the primary monitor 
at site 42-045-0002, which is consistent with improved air quality.

[[Page 51423]]

[GRAPHIC] [TIFF OMITTED] TR30SE19.027

    Comment 2: The commenter states that the data in 2018 doesn't 
appear to be complete since there were only three complete quarters and 
the report indicates values with an * as values that are not complete.
    EPA Response 2: EPA disagrees with this comment. The 2018 data 
included in the docket for the proposed rulemaking action was 
preliminary data, which was not yet certified by Pennsylvania. This 
data has since been certified and EPA has finalized the 2016-2018 DVs. 
The certified 2016-2018 data in AQS for Delaware and Lebanon Counties 
is shown in Table 3. This data has been added to the docket for this 
final action, available online at https://www.regulations.gov, Docket 
ID: EPA-R03-OAR-2019-0262.

                                           Table 3--2016-2018 Annual Means, Complete Quarters, and DVs at Delaware County and Lebanon County Monitors
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                                                                                           Annual means ([micro]g/m\3\)                          Complete quarters                   2016-2016
                                                                                 ------------------------------------------------------------------------------------------------  design value
                  Area/county                              Monitor ID                                                                                                               ([micro]g/
                                                                                       2016            2017            2018            2016            2017            2018            m\3\)
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Delaware......................................  42-045-0002.....................            11.0             9.1        \2\ 12.1               4               4               4            10.7
Delaware......................................  42-045-0109.....................             9.3             8.3            10.8               4               4               3             9.4
Lebanon.......................................  42-075-0100.....................             9.7             9.3             8.8               4               4               4             9.3
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    The Lebanon County monitor and monitor 42-045-0002 in Delaware 
County both have four complete quarters of data for all three years, 
2016 to 2018. Monitor 42-045-0109 has four complete quarters in 2016 
and 2017, and three complete quarters in 2018. However, this monitor 
has a valid design value because, as provide in 40 CFR part 50, 
appendix N, 4.1(c)(ii), it passed the ``maximum quarterly value data 
substitution test.'' An annual PM2.5 NAAQS DV that is equal 
to or below the level of the NAAQS can be validated if it passes the 
maximum quarterly value data substitution test. This type of data 
substitution is permitted only if there is at least 50 percent data 
capture in each quarter that is deficient of 75 percent data capture in 
each of the three years under consideration. Data substitution will be 
performed in all quarter periods that have less than 75 percent data 
capture but at least 50 percent data capture. If any quarter has less 
than 50 percent data capture, then this substitution test cannot be 
used.
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    \2\ Note that the 2018 annual mean reported in Table 3 is 
different than annual mean reported in Table 2. This difference is 
due to the fact that design values are calculated from site-level 
data rather than monitor-level data. For more information, see 
appendix N to 40 CFR part 50.
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    Comment 3: The commenter argues that ``EPA's data for the Delaware 
County monitors simply show consistently borderline attainment and not 
verifiable emission reductions.''
    EPA Response 3: EPA disagrees with this comment because as shown in 
EPA's response to Comment 1, the DVs at both Delaware County monitors 
are below the level of the NAAQS, and the DVs at monitor 42-045-0002 
show a linear downward trend consistent with attainment of the 2012 
PM2.5 NAAQS.
    Comment 4: The commenter also claims that ``[t]he Lancaster monitor 
only has 2 complete quarters in 2018, so why would EPA even consider 
this data?''
    EPA Response 4: EPA assumes that the commenter is referring to the 
Lebanon County monitor, and not any monitor in Lancaster, which is not 
the subject of this rulemaking action. As explained in EPA's response 
to comment #2, at the time of EPA's proposed rulemaking action, the 
2018 data was preliminary. EPA subsequently finalized the 2016-2018 
design values. As shown in Table 3, the final, certified data for 2018 
has four complete quarters, and the final 2016-2018 DV is 9.3 [micro]g/
m\3\, which is well below the level of the 2012 annual PM2.5 
NAAQS, 12.0 [micro]g/m\3\.
    Comment 5: The commenter urges EPA to ``[u]se the most current air 
quality data, not data from mid-2018 that doesn't have fully complete 
data!''

[[Page 51424]]

    EPA Response 5: As stated in responses to Comments 2 and 4, 
complete, certified 2018 data was not available at the time of EPA's 
proposed rulemaking action. Since that time, Pennsylvania has certified 
its 2018 data and EPA has since finalized the 2016-2018 DVs. That data 
is reported in Table 3.
    Comment 6: The commenter takes issue with the technical support 
documents (TSDs) for Delaware and Lancaster Counties and opines that 
EPA's evaluation was not a thorough evaluation that explains why 
Pennsylvania's emissions projections are adequate.
    EPA Response 6: Pennsylvania submitted their attainment and 
projection year emission inventories in accordance with EPA's Emission 
Inventory Guidance for Implementation of Ozone and Particulate Matter 
National Ambient Air Quality Standards (NAAQS) and Regional Haze 
Regulations (May 2017) \3\ and following EPA's Memorandum Procedures 
for Processing Requests to Redesignate Areas to Attainment (Calcagni 9/
4/92 memo).\4\ For the 2014 attainment year and maintenance plan base 
year, Pennsylvania used EPA's National Emissions Inventory (NEI) to 
fulfill the requirement for submitting point, nonpoint, and nonroad 
emissions. Additional technical documentation on the development of the 
NEI can be found on EPA's NEI website for the 2014 NEI (https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data). Onroad emissions were developed following EPA's 
MOVES2014 and 2014a Technical Guidance: Using MOVES to Prepare 
Emissions Inventories for State Implementation Plans and Transportation 
Conformity.\5\ EPA reviewed the inventories following the emissions 
inventory guidance to insure the emissions submitted fulfilled the 
requirements set forth for maintenance and projected inventories.
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    \3\ This guidance document is available online on EPA's Air 
Emissions Inventories website, at https://www.epa.gov/air-emissions-inventories/air-emissions-inventory-guidance-implementation-ozone-and-particulate.
    \4\ This guidance document is in the docket for this action, 
available online at https://www.regulations.gov, Docket ID: EPA-R03-
OAR-2019-0262.
    \5\ This guidance document is available online at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100V7EY.pdf.
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    Comment 7: The commenter states that EPA neglected to provide a 
detailed review of the Motor Vehicle Emission Simulator (MOVES) 
modeling files and supporting documents used in the development of the 
emissions inventories. Specifically, they note that the sample files 
include compressed natural gas (CNG) and ethanol (E85) selections. The 
commenter argues that the areas surrounding Delaware and Lancaster 
Counties do not contain E85 or CNG filling stations, making those 
selections in the modeling files inappropriate. Further, they contend 
that modeling file selections for ``urban'' road type should not have 
been made for the primarily rural areas included in the analysis.
    EPA Response 7: To clarify, Pennsylvania's redesignation requests 
and associated maintenance plans are for Delaware and Lebanon Counties, 
not Lancaster County as stated by the commenter. Therefore, EPA will 
address the commenter's concerns as applying to Delaware and Lebanon 
counties, as Lancaster County is not the subject of this rulemaking 
action.
    EPA disagrees with the commenter's characterization of whether a 
necessary review of modeling files supporting the redesignation request 
was performed. As stated in EPA's MVEB TSD \6\ at section III, Review 
of the Submitted Modeling Utilizing the Motor Vehicle Emission 
Simulator (MOVES2014a), EPA reviewed all modeling files and 
methodologies provided by Pennsylvania and found them appropriate and 
consistent with relevant EPA guidance. Specifically, the commenter 
notes cases where the modeling files appear to indicate: (1) Types of 
fuels that are not distributed in Lebanon and Delaware counties, and 
(2) road types that do not exist in Lebanon and Delaware counties. 
However, the selections made in the ``Sample Input Files.PDF'' 
supporting documents included in Pennsylvania's submittal are entirely 
consistent with the EPA's ``MOVES2014, MOVES2014a, and MOVES2014b 
Technical Guidance: Using MOVES to Prepare Emission Inventories for 
State Implementation Plans and Transportation Conformity'' (referred to 
as MOVES Technical Guidance).\7\ Section 3.5 of EPA's MOVES Technical 
Guidance states, ``For SIP and regional conformity analyses, users 
should select all fuel types and all vehicle types to properly estimate 
an emissions inventory.'' Pennsylvania correctly followed the MOVES 
Technical Guidance and selected all vehicles and all fuel types. 
Section 3.6 of EPA's MOVES Technical Guidance recommends that ``users 
should select all road types,'' regardless of whether such roads exist 
in the county being modeled. This is to ensure that all possible 
activity is captured, as it is possible to ``lose'' vehicle miles 
traveled if all roads are not selected in MOVES. Pennsylvania correctly 
selected all road types. Additionally, for all other selections made in 
the modeling files provided, as well as the modeling decisions 
documented in Pennsylvania's submittal, EPA similarly compared those 
with the relevant sections of the MOVES Technical Guidance. For this 
redesignation request, it was determined by EPA that the appropriate 
modeling selections were made, and the resulting mobile source 
inventory was sufficient to meet the relevant CAA requirements.
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    \6\ EPA's MVEB TSD, ``Adequacy Findings for the Motor Vehicle 
Emissions Budgets (MVEBs) in the 2012 Fine Particulate Matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS) 
Maintenance Plan for the Lebanon County, Pennsylvania (PA) 2012 
PM2.5 Nonattainment Area'' is available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2019-0262.
    \7\ For more information, see ``MOVES2014, MOVES2014a, and 
MOVES2014b Technical Guidance: Using MOVES to Prepare Emission 
Inventories for State Implementation Plans and Transportation 
Conformity'', Assessment and Standards Division, Office of 
Transportation and Air Quality, U.S. Environmental Protection 
Agency, August 2018, available online at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100V7EY.pdf.
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IV. Final Action

    EPA's review of the records for these redesignation requests 
indicates that the Delaware and Lebanon Areas meet the requirements for 
redesignation to attainment for the 2012 annual PM2.5 NAAQS. 
Therefore, EPA is granting PADEP's redesignation requests and 
determining that the Delaware and Lebanon Areas meet the 2012 annual 
PM2.5 NAAQS. The effect of this final action is to change 
the designation status of the Delaware and Lebanon Areas from 
nonattainment to attainment for the 2012 annual PM2.5 NAAQS, 
thereby removing the requirement for a nonattainment new source review 
permitting program and stopping the sanctions clock associated with a 
finding of failure to submit NNSR updates for the 2012 annual 
PM2.5 NAAQS. EPA is also approving PADEP's maintenance plans 
for the Delaware and Lebanon Areas as revisions to the Pennsylvania 
SIP. EPA is also finding the 2014, 2022, and 2030 PM2.5 and 
NOX MVEBs contained in the maintenance plans for the 
Delaware and Lebanon Areas adequate and approving these MVEBs into the 
Pennsylvania SIP for transportation conformity purposes.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the

[[Page 51425]]

accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical areas 
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 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 November 29, 2019. 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 redesignation requests 
and maintenance plans for the 2012 PM2.5 NAAQS for the 
Delaware and Lebanon Areas 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: September 13, 2019.
Diana Esher,
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 
entries for ``Delaware County 2012 annual PM2.5 maintenance 
plan'' and ``Lebanon County 2012 annual PM2.5 maintenance 
plan'' at the end of the table to read as follows:


Sec.  52.2020  Identification of plan.

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

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    Name of non-regulatory SIP      Applicable geographic       State                               Additional
             revision                        area          submittal date    EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Delaware County 2012 annual PM2.5   Delaware County......         1/23/19  9/30/19 [Insert
 maintenance plan.                                                          Federal Register
                                                                            citation].
Lebanon County 2012 annual PM2.5    Lebanon County.......         2/11/19  9/30/19 [Insert
 maintenance plan.                                                          Federal Register
                                                                            citation].
----------------------------------------------------------------------------------------------------------------


[[Page 51426]]

* * * * *

0
3. Section 52.2059 is amended by adding paragraphs (x) and (y) to read 
as follows:


Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (x) EPA approves the maintenance plan for the Delaware County 
nonattainment area for the 2012 annual fine particulate matter 
(PM2.5) NAAQS submitted by the Commonwealth of Pennsylvania 
on January 23, 2019. The maintenance plan includes the 2014, 2022, and 
2030 PM2.5 and nitrogen oxides (NOX) mobile 
vehicle emissions budgets (MVEBs) to be applied to all future 
transportation conformity determinations and analyses for the Delaware 
County area for the 2012 annual PM2.5 NAAQS.

        Delaware County Area's Motor Vehicle Emission Budgets for the 2012 Annual NAAQS in Tons per Year
----------------------------------------------------------------------------------------------------------------
                                                                                           Effective date of SIP
   Type of control strategy SIP              Year               PM2.5            NOX              approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan..................  2014.................             136           4,652  September 30, 2019.
                                    2022 Predicted.......              75           1,833
                                    Safety Margin........               4             183
                                    2022 Budget..........              79           2,016
                                    2030 Predicted.......              53             869
                                    Safety Margin........               0              87
                                    2030 Budget..........              53             956
----------------------------------------------------------------------------------------------------------------

    (y) EPA approves the maintenance plan for the Lebanon County 
nonattainment area for the 2012 annual fine particulate matter 
(PM2.5) NAAQS submitted by the Commonwealth of Pennsylvania 
on February 11, 2019. The maintenance plan includes the 2014, 2022, and 
2030 PM2.5 and nitrogen oxides (NOX) mobile 
vehicle emissions budgets (MVEBs) to be applied to all future 
transportation conformity determinations and analyses for the Lebanon 
County area for the 2012 annual PM2.5 NAAQS.

          Lebanon County Area Motor Vehicle Emission Budgets for the 2012 Annual NAAQS in Tons per Year
----------------------------------------------------------------------------------------------------------------
                                                                                           Effective date of SIP
   Type of control strategy SIP              Year               PM2.5            NOX              approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan..................  2014.................              87           3,131  September 30, 2019.
                                    2022 Predicted.......              45           1,697
                                    Safety Margin........               5             170
                                    2022 Budget..........              50           1,867
                                    2030 Predicted.......              28           1,249
                                    Safety Margin........               3             125
                                    2030 Budget..........              31           1,374
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart C--Section 107 Attainment Status Designations

0
5. In Sec.  81.339, the table ``Pennsylvania--2012 Annual 
PM2.5 NAAQS (Primary)'' is amended by revising the entries 
for ``Delaware County, PA'' and ``Lebanon County, PA'' to read as 
follows:


Sec.  81.339  Pennsylvania.

* * * * *

                                 Pennsylvania--2012 Annual PM2.5 NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification
       Designated area \1\       -------------------------------------------------------------------------------
                                       Date \2\              Type              Date \2\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Delaware County, PA:
    Delaware County.............  October 30, 2019..  Attainment........
Lebanon County, PA:
    Lebanon County..............  October 30, 2019..  Attainment........
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.

* * * * *
[FR Doc. 2019-20675 Filed 9-27-19; 8:45 am]
 BILLING CODE 6560-50-P