80_FR_11622 80 FR 11580 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Reading, Pennsylvania Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard, and 2007 Base Year Inventory

80 FR 11580 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Reading, Pennsylvania Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard, and 2007 Base Year Inventory

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 42 (March 4, 2015)

Page Range11580-11583
FR Document2015-04391

The Environmental Protection Agency (EPA) is approving the Commonwealth of Pennsylvania's request to redesignate to attainment the Reading, Pennsylvania Nonattainment Area (Reading Area or Area) for the 1997 annual fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standard (NAAQS). EPA has determined that the Reading Area attained the standard and that it continues to attain the standard. In addition, EPA is approving, as a revision to the Pennsylvania State Implementation Plan (SIP), the Reading Area maintenance plan to show maintenance of the 1997 annual PM<INF>2.5</INF> NAAQS through 2025 for the Area. The maintenance plan includes the 2017 and 2025 PM<INF>2.5</INF> and nitrogen oxides (NO<INF>X</INF>) mobile vehicle emissions budgets (MVEBs) for the Reading Area for the 1997 annual PM<INF>2.5</INF> NAAQS, which EPA is approving and finding adequate for transportation conformity purposes. EPA is also approving the comprehensive emissions inventory for the 1997 annual PM<INF>2.5</INF> NAAQS for the Reading Area. These actions are being taken under the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 42 (Wednesday, March 4, 2015)
[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11580-11583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04391]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0147; FRL-9923-78-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation Request and Associated Maintenance Plan for 
the Reading, Pennsylvania Nonattainment Area for the 1997 Annual Fine 
Particulate Matter Standard, and 2007 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Commonwealth of Pennsylvania's request to redesignate to attainment the 
Reading, Pennsylvania Nonattainment Area (Reading Area or Area) for the 
1997 annual fine particulate matter (PM2.5) national ambient 
air quality standard (NAAQS). EPA has determined that the Reading Area 
attained the standard and that it continues to attain the standard. In 
addition, EPA is approving, as a revision to the Pennsylvania State 
Implementation Plan (SIP), the Reading Area maintenance plan to show 
maintenance of the 1997 annual PM2.5 NAAQS through 2025 for 
the Area. The maintenance plan includes the 2017 and 2025 
PM2.5 and nitrogen oxides (NOX) mobile vehicle 
emissions budgets (MVEBs) for the Reading Area for the 1997 annual 
PM2.5 NAAQS, which EPA is approving and finding adequate for 
transportation conformity purposes. EPA is also approving the 
comprehensive emissions inventory for the 1997 annual PM2.5 
NAAQS for the Reading Area. These actions are being taken under the 
Clean Air Act (CAA).

DATES: This final rule is effective on March 4, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0147. 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

[[Page 11581]]

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: Marilyn Powers at (215) 814-2308, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 25, 2013, the Commonwealth of Pennsylvania, through the 
Pennsylvania Department of Environmental Protection (PADEP), formally 
submitted a request to redesignate the Reading Area from nonattainment 
to attainment for the 1997 annual PM2.5 NAAQS. Concurrently, 
PADEP submitted a maintenance plan for the Area as a SIP revision to 
ensure continued attainment throughout the Area over the next 10 years. 
The maintenance plan includes the 2017 and 2025 PM2.5 and 
NOX MVEBs for the Area for the 1997 annual PM2.5 
NAAQS, which EPA is approving for transportation conformity purposes. 
PADEP also submitted a 2007 comprehensive emissions inventory for the 
1997 annual PM2.5 NAAQS for PM2.5, 
NOX, sulfur dioxide (SO2), volatile organic 
compounds (VOC), and ammonia (NH3).
    On December 22, 2014 (79 FR 76251), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the 
NPR, EPA proposed approval of Pennsylvania's November 25, 2013 request 
to redesignate the Reading Area to attainment for the 1997 annual 
PM2.5 NAAQS, including the associated maintenance plan for 
the Reading Area, the 2017 and 2025 PM2.5 and NOX 
MVEBs, which EPA proposed to approve and find adequate for purposes of 
transportation conformity, and the 2007 emissions inventory to meet the 
emissions inventory requirement of section 172(c)(3) of the CAA.
    The details of Pennsylvania's submittal and the rationale for EPA's 
proposed actions are explained in the NPR and will not be restated 
here. No public comments were received on the NPR.

II. Final Action

    EPA is taking final actions on the redesignation request and SIP 
revision submitted by the Commonwealth of Pennsylvania on November 25, 
2013 for the Reading Area for the 1997 annual PM2.5 NAAQS. 
EPA is approving Pennsylvania's redesignation request for the 1997 
annual PM2.5 NAAQS, because EPA has determined that the 
request meets the redesignation criteria set forth in section 
107(d)(3)(E) of the CAA for this standard. EPA finds that the 
monitoring data demonstrates that the Area has attained the 1997 
PM2.5 NAAQS, and continues to attain the NAAQS. EPA is also 
approving the associated maintenance plan for the Reading Area as a 
revision to the Pennsylvania SIP for the 1997 annual PM2.5 
NAAQS because it meets the requirements of section 175A of the CAA. EPA 
is also approving and finding adequate the 2017 and 2025 
PM2.5 and NOX MVEBs submitted by Pennsylvania for 
the Reading Area for transportation conformity purposes. Finally, EPA 
is approving the 2007 emissions inventory to meet section 172(c)(3) of 
the CAA. Approval of this redesignation request will change the 
official designation of the Reading Area from nonattainment to 
attainment for the 1997 annual PM2.5 NAAQS.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action to become effective immediately upon publication. A 
delayed effective date is unnecessary due to the nature of a 
redesignation to attainment, which eliminates CAA obligations that 
would otherwise apply. The immediate effective date for this action is 
authorized under both 5 U.S.C. 553(d)(1), which provides that 
rulemaking actions may become effective less than 30 days after 
publication if the rule ``grants or recognizes an exemption or relieves 
a restriction,'' and section 553(d)(3), which allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' The purpose 
of the 30-day waiting period prescribed in section 553(d) is to give 
affected parties a reasonable time to adjust their behavior and prepare 
before the final rule takes effect. Today's rule, however, does not 
create any new regulatory requirements such that affected parties would 
need time to prepare before the rule takes effect. Rather, today's rule 
relieves the Commonwealth of Pennsylvania of the obligation to comply 
with nonattainment-related planning requirements for the Area pursuant 
to Part D of the CAA and approves certain emissions inventories and 
MVEBs for the Area. For these reasons, EPA finds good cause under 5 
U.S.C. 553(d) for this action to become effective on the date of 
publication of this notice.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of a geographical area 
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 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);

[[Page 11582]]

     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 May 4, 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, approving the redesignation request and maintenance 
plan, and comprehensive emissions inventory for the Reading Area for 
the 1997 annual PM2.5 NAAQS 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, Incorporation by 
reference, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: February 9, 2015.
William C. Early,
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 
an entry for 1997 Annual PM2.5 Maintenance Plan and 2007 
Base Year Emissions Inventory at the end of the table. The added text 
reads as follows:


Sec.  52.2020  Identification of plan.

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

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP          Applicable       State submittal                           Additional
            revision                geographic area           date         EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 Annual PM2.5 Maintenance     Reading Area (Berks           11/25/14  3/4/15 [Insert      See Sec.
 Plan and 2007 Base Year           County).                                Federal Register    52.2036(s) and
 Emissions Inventory.                                                      citation].          Sec.
                                                                                               52.2059(n).
----------------------------------------------------------------------------------------------------------------



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


Sec.  52.2036  Base year emissions inventory.

* * * * *
    (s) EPA approves as revisions to the Pennsylvania State 
Implementation Plan the 2007 base year emissions inventory for the 
Reading 1997 annual fine particulate matter (PM2.5) 
nonattainment area submitted by the Pennsylvania Department of 
Environmental Protection on November 25, 2014. The emissions inventory 
includes emissions estimates that cover the general source categories 
of point, area, nonroad, and onroad sources. The pollutants that 
comprise the inventory are PM2.5, nitrogen oxides 
(NOX), volatile organic compounds (VOCs), ammonia 
(NH3), and sulfur dioxide (SO2).
0
4. Section 52.2059 is amended by adding paragraph (n) to read as 
follows:


Sec.  52.2059  Control strategy: Particular matter.

* * * * *
    (n) EPA approves the maintenance plan for the Reading nonattainment 
area for the 1997 annual PM2.5 NAAQS submitted by the 
Commonwealth of Pennsylvania on November 25, 2014. The maintenance plan 
includes the 2017 and 2025 PM2.5 and NOX mobile 
vehicle emissions budgets (MVEBs) for Berks County to be applied to all 
future transportation conformity determinations and analyses for the 
Reading nonattainment area for the 1997 annual PM2.5 NAAQS.

         Reading Area's Motor Vehicle Emission Budgets for the 1997 Annual PM2.5 NAAQS in Tons per Year
----------------------------------------------------------------------------------------------------------------
                                                                                               Effective date of
    Type of control strategy SIP             Year              PM2.5               NOX            SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan....................               2017                200              5,739             3/4/15

[[Page 11583]]

 
                                                   2025                146              3,719             3/4/15
----------------------------------------------------------------------------------------------------------------

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

0
1. The authority citation for Part 81 continues to read as follows:

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


0
2. Section 81.339 is amended by revising the 1997 Annual 
PM2.5 NAAQS table entry for the Reading Area to read as 
follows:


Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                             Designation \a\                           Classification
       Designated Area        ----------------------------------------------------------------------------------
                                      Date \1\                Type               Date \2\             Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reading, PA:
    Berks County.............  March 4, 2015........  Attainment..........
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2015-04391 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P



                                              11580                Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations

                                                                                                EPA-APPROVED MISSOURI REGULATIONS—Continued
                                                                                                                  State effective
                                                    Missouri citation                       Title                                            EPA approval date                              Explanation
                                                                                                                       date

                                                          *                         *                         *                          *                       *                      *                   *

                                               Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
                                                                                                            Missouri

                                              10 CSR 10–6.010 .........          Ambient Air Quality                     7/30/14        3/4/15 and [Insert Fed-      Hydrogen Sulfide and Sulfuric Acid state stand-
                                                                                  Standards.                                              eral Register cita-          ards are not SIP approved.
                                                                                                                                          tion].
                                              10 CSR 10–6.020 .........          Definitions and Com-                    3/30/14        3/4/15 and [Insert Fed-      Many of the definitions pertain to Title V, 111(d)
                                                                                   mon Reference Ta-                                      eral Register cita-         and asbestos programs and are approved in
                                                                                   bles.                                                  tion].                      the SIP because they provide overall consist-
                                                                                                                                                                      ency in the use of terms in the air program.
                                                                                                                                                                      Similarly, the EPA has also approved this rule
                                                                                                                                                                      as part of the Title V program, and 111(d)
                                                                                                                                                                      even though many of the definitions pertain
                                                                                                                                                                      only to the SIP.

                                                      *                             *                     *                               *                    *                        *                   *
                                              10 CSR 10–6.040 .........          Reference Methods ......               11/30/14        3/4/15 and [Insert Fed-
                                                                                                                                           eral Register cita-
                                                                                                                                           tion].

                                                          *                         *                         *                          *                       *                      *                   *



                                              *       *       *       *      *                            Appendix A to Part 70—Approval                              request to redesignate to attainment the
                                                                                                          Status of State and Local Operating                         Reading, Pennsylvania Nonattainment
                                              PART 62—APPROVAL AND                                        Permits Programs                                            Area (Reading Area or Area) for the
                                              PROMULGATION OF STATE PLANS                                                                                             1997 annual fine particulate matter
                                                                                                          *         *     *         *         *
                                              FOR DESIGNATED FACILITIES AND                                                                                           (PM2.5) national ambient air quality
                                              POLLUTANTS                                                  Missouri                                                    standard (NAAQS). EPA has determined
                                                                                                          *         *     *         *         *                       that the Reading Area attained the
                                              ■ 3. The authority citation for part 62                       (cc) The Missouri Department of Natural                   standard and that it continues to attain
                                              continues to read as follows:                               Resources submitted revisions to Missouri                   the standard. In addition, EPA is
                                                                                                          rule 10 CSR 10–6.020, ‘‘Definitions and                     approving, as a revision to the
                                                  Authority: 42 U.S.C. 7401 et seq.                       Common Reference Tables’’ on March 27,                      Pennsylvania State Implementation Plan
                                                                                                          2014. The state effective date is March 30,
                                              Subpart AA—Missouri                                         2014. This revision is effective May 4, 2015.
                                                                                                                                                                      (SIP), the Reading Area maintenance
                                                                                                                                                                      plan to show maintenance of the 1997
                                                                                                          *         *     *         *         *                       annual PM2.5 NAAQS through 2025 for
                                              *       *       *       *      *                            [FR Doc. 2015–04400 Filed 3–3–15; 8:45 am]
                                                                                                                                                                      the Area. The maintenance plan
                                              ■ 4. Section 62.6350 is amended by                          BILLING CODE 6560–50–P
                                                                                                                                                                      includes the 2017 and 2025 PM2.5 and
                                              adding paragraph (b)(6) to read as                                                                                      nitrogen oxides (NOX) mobile vehicle
                                              follows:                                                                                                                emissions budgets (MVEBs) for the
                                                                                                          ENVIRONMENTAL PROTECTION
                                              § 62.6350       Identification of plan.                     AGENCY                                                      Reading Area for the 1997 annual PM2.5
                                                                                                                                                                      NAAQS, which EPA is approving and
                                              *     *    *     *     *                                                                                                finding adequate for transportation
                                                                                                          40 CFR Parts 52 and 81
                                                (b) * * *                                                                                                             conformity purposes. EPA is also
                                                                                                          [EPA–R03–OAR–2014–0147; FRL–9923–78–                        approving the comprehensive emissions
                                                (6) A revision to Missouri’s 111(d)                       Region 3]
                                              plan to incorporate state regulation 10                                                                                 inventory for the 1997 annual PM2.5
                                              CSR 10–6.020 Definitions and Common                         Approval and Promulgation of Air                            NAAQS for the Reading Area. These
                                              Reference Tables was state effective                        Quality Implementation Plans;                               actions are being taken under the Clean
                                              March 30, 2014. The effective date of                       Pennsylvania; Redesignation Request                         Air Act (CAA).
                                              the amended plan is May 4, 2015.                            and Associated Maintenance Plan for                         DATES: This final rule is effective on
                                              *     *    *     *     *                                    the Reading, Pennsylvania                                   March 4, 2015.
                                                                                                          Nonattainment Area for the 1997                             ADDRESSES: EPA has established a
                                              PART 70—STATE OPERATING PERMIT                              Annual Fine Particulate Matter                              docket for this action under Docket ID
                                              PROGRAMS                                                    Standard, and 2007 Base Year                                Number EPA–R03–OAR–2014–0147. All
                                                                                                          Inventory                                                   documents in the docket are listed in
ebenthall on DSK5SPTVN1PROD with RULES




                                              ■ 5. The authority citation for part 70                     AGENCY:  Environmental Protection                           the www.regulations.gov Web site.
                                              continues to read as follows:                               Agency (EPA).                                               Although listed in the electronic docket,
                                                  Authority: 42 U.S.C. 7401 et seq.                       ACTION: Final rule.                                         some information is not publicly
                                                                                                                                                                      available, i.e., confidential business
                                              ■ 6. Appendix A to part 70 is amended                       SUMMARY: The Environmental Protection                       information (CBI) or other information
                                              by adding paragraph (cc) under                              Agency (EPA) is approving the                               whose disclosure is restricted by statute.
                                              Missouri to read as follows:                                Commonwealth of Pennsylvania’s                              Certain other material, such as


                                         VerDate Sep<11>2014      22:23 Mar 03, 2015    Jkt 235001   PO 00000     Frm 00046   Fmt 4700       Sfmt 4700   E:\FR\FM\04MRR1.SGM   04MRR1


                                                                Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations                                        11581

                                              copyrighted material, is not placed on                  public comments were received on the                  nonattainment-related planning
                                              the Internet and will be publicly                       NPR.                                                  requirements for the Area pursuant to
                                              available only in hard copy form.                                                                             Part D of the CAA and approves certain
                                                                                                      II. Final Action
                                              Publicly available docket materials are                                                                       emissions inventories and MVEBs for
                                              available either electronically through                    EPA is taking final actions on the                 the Area. For these reasons, EPA finds
                                              www.regulations.gov or in hard copy for                 redesignation request and SIP revision                good cause under 5 U.S.C. 553(d) for
                                              public inspection during normal                         submitted by the Commonwealth of                      this action to become effective on the
                                              business hours at the Air Protection                    Pennsylvania on November 25, 2013 for                 date of publication of this notice.
                                              Division, U.S. Environmental Protection                 the Reading Area for the 1997 annual
                                                                                                      PM2.5 NAAQS. EPA is approving                         III. Statutory and Executive Order
                                              Agency, Region III, 1650 Arch Street,
                                                                                                      Pennsylvania’s redesignation request for              Reviews
                                              Philadelphia, Pennsylvania 19103.
                                              Copies of the State submittal are                       the 1997 annual PM2.5 NAAQS, because                  A. General Requirements
                                              available at the Pennsylvania                           EPA has determined that the request
                                                                                                      meets the redesignation criteria set forth               Under the CAA, redesignation of an
                                              Department of Environmental
                                                                                                      in section 107(d)(3)(E) of the CAA for                area to attainment and the
                                              Protection, Bureau of Air Quality
                                                                                                      this standard. EPA finds that the                     accompanying approval of the
                                              Control, P.O. Box 8468, 400 Market
                                                                                                      monitoring data demonstrates that the                 maintenance plan under CAA section
                                              Street, Harrisburg, Pennsylvania 17105.
                                                                                                      Area has attained the 1997 PM2.5                      107(d)(3)(E) are actions that affect the
                                              FOR FURTHER INFORMATION CONTACT:                        NAAQS, and continues to attain the                    status of a geographical area and do not
                                              Marilyn Powers at (215) 814–2308, or by                 NAAQS. EPA is also approving the                      impose any additional regulatory
                                              email at powers.marilyn@epa.gov.                        associated maintenance plan for the                   requirements on sources beyond those
                                              SUPPLEMENTARY INFORMATION:                              Reading Area as a revision to the                     required by state law. A redesignation to
                                                                                                      Pennsylvania SIP for the 1997 annual                  attainment does not in and of itself
                                              I. Background                                           PM2.5 NAAQS because it meets the                      impose any new requirements, but
                                                On November 25, 2013, the                             requirements of section 175A of the                   rather results in the application of
                                              Commonwealth of Pennsylvania,                           CAA. EPA is also approving and finding                requirements contained in the CAA for
                                              through the Pennsylvania Department of                  adequate the 2017 and 2025 PM2.5 and                  areas that have been redesignated to
                                              Environmental Protection (PADEP),                       NOX MVEBs submitted by Pennsylvania                   attainment. Moreover, the Administrator
                                              formally submitted a request to                         for the Reading Area for transportation               is required to approve a SIP submission
                                              redesignate the Reading Area from                       conformity purposes. Finally, EPA is                  that complies with the provisions of the
                                              nonattainment to attainment for the                     approving the 2007 emissions inventory                Act and applicable Federal regulations.
                                              1997 annual PM2.5 NAAQS.                                to meet section 172(c)(3) of the CAA.                 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                              Concurrently, PADEP submitted a                         Approval of this redesignation request                Thus, in reviewing SIP submissions,
                                              maintenance plan for the Area as a SIP                  will change the official designation of               EPA’s role is to approve state choices,
                                              revision to ensure continued attainment                 the Reading Area from nonattainment to                provided that they meet the criteria of
                                              throughout the Area over the next 10                    attainment for the 1997 annual PM2.5                  the CAA. Accordingly, this action
                                              years. The maintenance plan includes                    NAAQS.                                                merely approves state law as meeting
                                              the 2017 and 2025 PM2.5 and NOX                            In accordance with 5 U.S.C. 553(d),                Federal requirements and does not
                                                                                                      EPA finds there is good cause for this                impose additional requirements beyond
                                              MVEBs for the Area for the 1997 annual
                                                                                                      action to become effective immediately                those imposed by state law. For that
                                              PM2.5 NAAQS, which EPA is approving
                                                                                                      upon publication. A delayed effective                 reason, this action:
                                              for transportation conformity purposes.
                                                                                                      date is unnecessary due to the nature of                 • Is not a ‘‘significant regulatory
                                              PADEP also submitted a 2007
                                                                                                      a redesignation to attainment, which                  action’’ subject to review by the Office
                                              comprehensive emissions inventory for
                                                                                                      eliminates CAA obligations that would                 of Management and Budget under
                                              the 1997 annual PM2.5 NAAQS for
                                                                                                      otherwise apply. The immediate                        Executive Order 12866 (58 FR 51735,
                                              PM2.5, NOX, sulfur dioxide (SO2),
                                                                                                      effective date for this action is                     October 4, 1993);
                                              volatile organic compounds (VOC), and
                                                                                                      authorized under both 5 U.S.C.
                                              ammonia (NH3).                                                                                                   • does not impose an information
                                                                                                      553(d)(1), which provides that
                                                On December 22, 2014 (79 FR 76251),                                                                         collection burden under the provisions
                                                                                                      rulemaking actions may become
                                              EPA published a notice of proposed                                                                            of the Paperwork Reduction Act (44
                                                                                                      effective less than 30 days after
                                              rulemaking (NPR) for the                                                                                      U.S.C. 3501 et seq.);
                                                                                                      publication if the rule ‘‘grants or
                                              Commonwealth of Pennsylvania. In the                    recognizes an exemption or relieves a                    • is certified as not having a
                                              NPR, EPA proposed approval of                           restriction,’’ and section 553(d)(3),                 significant economic impact on a
                                              Pennsylvania’s November 25, 2013                        which allows an effective date less than              substantial number of small entities
                                              request to redesignate the Reading Area                 30 days after publication ‘‘as otherwise              under the Regulatory Flexibility Act (5
                                              to attainment for the 1997 annual PM2.5                 provided by the agency for good cause                 U.S.C. 601 et seq.);
                                              NAAQS, including the associated                         found and published with the rule.’’                     • does not contain any unfunded
                                              maintenance plan for the Reading Area,                  The purpose of the 30-day waiting                     mandate or significantly or uniquely
                                              the 2017 and 2025 PM2.5 and NOX                         period prescribed in section 553(d) is to             affect small governments, as described
                                              MVEBs, which EPA proposed to                            give affected parties a reasonable time to            in the Unfunded Mandates Reform Act
                                              approve and find adequate for purposes                  adjust their behavior and prepare before              of 1995 (Pub. L. 104–4);
                                              of transportation conformity, and the                   the final rule takes effect. Today’s rule,               • does not have Federalism
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                                              2007 emissions inventory to meet the                    however, does not create any new                      implications as specified in Executive
                                              emissions inventory requirement of                      regulatory requirements such that                     Order 13132 (64 FR 43255, August 10,
                                              section 172(c)(3) of the CAA.                           affected parties would need time to                   1999);
                                                The details of Pennsylvania’s                         prepare before the rule takes effect.                    • is not an economically significant
                                              submittal and the rationale for EPA’s                   Rather, today’s rule relieves the                     regulatory action based on health or
                                              proposed actions are explained in the                   Commonwealth of Pennsylvania of the                   safety risks subject to Executive Order
                                              NPR and will not be restated here. No                   obligation to comply with                             13045 (62 FR 19885, April 23, 1997);


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                                              11582                 Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations

                                                 • is not a significant regulatory action                         report containing this action and other                      reference, Nitrogen oxides, Particulate
                                              subject to Executive Order 13211 (66 FR                             required information to the U.S. Senate,                     matter, Reporting and recordkeeping
                                              28355, May 22, 2001);                                               the U.S. House of Representatives, and                       requirements, Sulfur dioxide, Volatile
                                                 • is not subject to requirements of                              the Comptroller General of the United                        organic compounds.
                                              Section 12(d) of the National                                       States prior to publication of the rule in
                                              Technology Transfer and Advancement                                 the Federal Register. A major rule                           40 CFR part 81
                                              Act of 1995 (15 U.S.C. 272 note) because                            cannot take effect until 60 days after it                     Air pollution control, National parks,
                                              application of those requirements would                             is published in the Federal Register.                        Wilderness areas.
                                              be inconsistent with the CAA; and                                   This action is not a ‘‘major rule’’ as
                                                 • does not provide EPA with the                                  defined by 5 U.S.C. 804(2).                                   Dated: February 9, 2015.
                                              discretionary authority to address, as                                                                                           William C. Early,
                                                                                                                  C. Petitions for Judicial Review
                                              appropriate, disproportionate human                                                                                              Acting Regional Administrator,Region III.
                                              health or environmental effects, using                                 Under section 307(b)(1) of the CAA,
                                              practicable and legally permissible                                 petitions for judicial review of this                          40 CFR parts 52 and 81 are amended
                                              methods, under Executive Order 12898                                action must be filed in the United States                    as follows:
                                              (59 FR 7629, February 16, 1994).                                    Court of Appeals for the appropriate
                                                 In addition, this rule does not have                             circuit by May 4, 2015. Filing a petition                    PART 52—APPROVAL AND
                                              tribal implications as specified by                                 for reconsideration by the Administrator                     PROMULGATION OF
                                              Executive Order 13175 (65 FR 67249,                                 of this final rule does not affect the                       IMPLEMENTATION PLANS
                                              November 9, 2000), because the SIP is                               finality of this action for the purposes of
                                              not approved to apply in Indian country                             judicial review nor does it extend the                       ■ 1. The authority citation for part 52
                                              located in the state, and EPA notes that                            time within which a petition for judicial                    continues to read as follows:
                                              it will not impose substantial direct                               review may be filed, and shall not
                                                                                                                                                                                   Authority: 42 U.S.C. 7401 et seq.
                                              costs on tribal governments or preempt                              postpone the effectiveness of such rule
                                              tribal law.                                                         or action.
                                                                                                                     This action, approving the                                Subpart NN—Pennsylvania
                                              B. Submission to Congress and the                                   redesignation request and maintenance
                                              Comptroller General                                                 plan, and comprehensive emissions                            ■ 2. In § 52.2020, the table in paragraph
                                                                                                                  inventory for the Reading Area for the                       (e)(1) is amended by adding an entry for
                                                The Congressional Review Act, 5                                                                                                1997 Annual PM2.5 Maintenance Plan
                                              U.S.C. 801 et seq., as added by the Small                           1997 annual PM2.5 NAAQS may not be
                                                                                                                  challenged later in proceedings to                           and 2007 Base Year Emissions Inventory
                                              Business Regulatory Enforcement                                                                                                  at the end of the table. The added text
                                              Fairness Act of 1996, generally provides                            enforce its requirements. See section
                                                                                                                  307(b)(2).                                                   reads as follows:
                                              that before a rule may take effect, the
                                              agency promulgating the rule must                                   List of Subjects                                             § 52.2020    Identification of plan.
                                              submit a rule report, which includes a                                                                                           *       *    *       *    *
                                              copy of the rule, to each House of the                              40 CFR part 52
                                              Congress and to the Comptroller General                               Environmental protection, Air                                  (e) * * *
                                              of the United States. EPA will submit a                             pollution control, Incorporation by                              (1) * * *

                                                                                                                   Applicable geographic                 State submittal
                                                     Name of non-regulatory SIP revision                                                                                       EPA approval date        Additional explanation
                                                                                                                           area                               date


                                                      *                  *                                         *                  *                                 *                   *                       *
                                              1997 Annual PM2.5 Maintenance Plan and                              Reading Area (Berks                            11/25/14 3/4/15 [Insert Federal        See § 52.2036(s) and
                                                2007 Base Year Emissions Inventory.                                 County).                                                Register citation].           § 52.2059(n).



                                              ■ 3. Section 52.2036 is amended by                                  inventory includes emissions estimates                          (n) EPA approves the maintenance
                                              adding paragraph (s) to read as follows:                            that cover the general source categories                     plan for the Reading nonattainment area
                                                                                                                  of point, area, nonroad, and onroad                          for the 1997 annual PM2.5 NAAQS
                                              § 52.2036       Base year emissions inventory.                      sources. The pollutants that comprise                        submitted by the Commonwealth of
                                              *     *    *     *    *                                             the inventory are PM2.5, nitrogen oxides                     Pennsylvania on November 25, 2014.
                                                (s) EPA approves as revisions to the                              (NOX), volatile organic compounds                            The maintenance plan includes the
                                              Pennsylvania State Implementation Plan                              (VOCs), ammonia (NH3), and sulfur                            2017 and 2025 PM2.5 and NOX mobile
                                              the 2007 base year emissions inventory                              dioxide (SO2).                                               vehicle emissions budgets (MVEBs) for
                                                                                                                  ■ 4. Section 52.2059 is amended by
                                              for the Reading 1997 annual fine                                                                                                 Berks County to be applied to all future
                                                                                                                  adding paragraph (n) to read as follows:
                                              particulate matter (PM2.5) nonattainment                                                                                         transportation conformity
                                              area submitted by the Pennsylvania                                  § 52.2059       Control strategy: Particular                 determinations and analyses for the
                                              Department of Environmental Protection                              matter.                                                      Reading nonattainment area for the 1997
                                              on November 25, 2014. The emissions                                 *        *          *      *       *                         annual PM2.5 NAAQS.
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                                                    READING AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS IN TONS PER YEAR
                                                                                                                                                                                                             Effective date of
                                                                     Type of control strategy SIP                                                Year                  PM2.5                  NOX             SIP approval

                                              Maintenance Plan ....................................................................                      2017                   200                 5,739               3/4/15




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                                                                    Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations                                                                    11583

                                                   READING AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS IN TONS PER YEAR—
                                                                                               Continued
                                                                                                                                                                                                                 Effective date of
                                                                     Type of control strategy SIP                                             Year                    PM2.5                    NOX                SIP approval

                                                                                                                                                       2025                     146                    3,719                   3/4/15



                                              PART 81—DESIGNATION OF AREAS                                            Authority: 42 U.S.C. 7401 et seq.                         § 81.339    Pennsylvania.
                                              FOR AIR QUALITY PLANNING                                                                                                          *     *       *        *    *
                                                                                                                  ■ 2. Section 81.339 is amended by
                                              PURPOSES
                                                                                                                  revising the 1997 Annual PM2.5 NAAQS
                                              ■ 1. The authority citation for Part 81                             table entry for the Reading Area to read
                                              continues to read as follows:                                       as follows:

                                                                                                            PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS
                                                                                                                                  [Primary and secondary]

                                                                                                                                                         Designation a                                 Classification
                                                                               Designated Area
                                                                                                                                                   Date 1                Type                 Date 2                    Type


                                                       *                         *                                *                             *                        *                         *                     *
                                              Reading, PA:
                                                 Berks County ...........................................................................   March 4, 2015 ..      Attainment.

                                                           *                            *                             *                         *                        *                         *                     *
                                                  a Includes Indian Country located in each county or area, except as otherwise specified.
                                                  1 This date is 90 days after January 5, 2005, unless otherwise noted.
                                                  2 This date is July 2, 2014, unless otherwise noted.




                                              *       *        *        *        *                                Unit I.C. of the SUPPLEMENTARY                                I. General Information
                                              [FR Doc. 2015–04391 Filed 3–3–15; 8:45 am]                          INFORMATION).
                                                                                                                                                                                A. Does this action apply to me?
                                              BILLING CODE 6560–50–P
                                                                                                                  ADDRESSES:    The docket for this action,                        You may be potentially affected by
                                                                                                                  identified by docket identification (ID)                      this action if you are an agricultural
                                              ENVIRONMENTAL PROTECTION                                            number EPA–HQ–OPP–2014–0110 is                                producer, food manufacturer, or
                                              AGENCY                                                              available at http://www.regulations.gov                       pesticide manufacturer. The following
                                                                                                                  or at the Office of Pesticide Programs                        list of North American Industrial
                                              40 CFR Part 180                                                     Regulatory Public Docket (OPP Docket)                         Classification System (NAICS) codes is
                                              [EPA–HQ–OPP–2014–0110; FRL–9921–85]                                 in the Environmental Protection Agency                        not intended to be exhaustive, but rather
                                                                                                                  Docket Center (EPA/DC), West William                          provides a guide to help readers
                                              Metaldehyde; Pesticide Tolerances                                   Jefferson Clinton Bldg., Rm. 3334, 1301                       determine whether this document
                                                                                                                  Constitution Ave. NW., Washington, DC                         applies to them. Potentially affected
                                              AGENCY:  Environmental Protection                                                                                                 entities may include:
                                                                                                                  20460–0001. The Public Reading Room
                                              Agency (EPA).
                                                                                                                  is open from 8:30 a.m. to 4:30 p.m.,                             • Crop production (NAICS code 111).
                                              ACTION: Final rule.                                                 Monday through Friday, excluding legal                           • Animal production (NAICS code
                                                                                                                  holidays. The telephone number for the                        112).
                                              SUMMARY:   This regulation establishes                                                                                               • Food manufacturing (NAICS code
                                              tolerances for residues of metaldehyde                              Public Reading Room is (202) 566–1744,
                                                                                                                  and the telephone number for the OPP                          311).
                                              in or on multiple commodities which                                                                                                  • Pesticide manufacturing (NAICS
                                              are identified and discussed later in this                          Docket is (703) 305–5805. Please review
                                                                                                                  the visitor instructions and additional                       code 32532).
                                              document. Interregional Research
                                              Project Number 4 (IR–4) requested these                             information about the docket available                        B. How can I get electronic access to
                                              tolerances under the Federal Food,                                  at http://www.epa.gov/dockets.                                other related information?
                                              Drug, and Cosmetic Act (FFDCA). This                                FOR FURTHER INFORMATION CONTACT:                                You may access a frequently updated
                                              regulation additionally removes the                                 Susan Lewis, Registration Division                            electronic version of EPA’s tolerance
                                              established tolerances in or on fruit,                                                                                            regulations at 40 CFR part 180 through
                                                                                                                  (7505P), Office of Pesticide Programs,
                                              citrus group 10 and tomato as the                                                                                                 the Government Publishing Office’s e-
                                                                                                                  Environmental Protection Agency, 1200
                                              tolerances will be superseded by                                                                                                  CFR site at http://www.ecfr.gov/cgi-bin/
                                                                                                                  Pennsylvania Ave. NW., Washington,
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                                              tolerances established by this action.                                                                                            text-idx?&c=ecfr&tpl=/ecfrbrowse/
                                                                                                                  DC 20460–0001; main telephone
                                              DATES: This regulation is effective                                                                                               Title40/40tab_02.tpl.
                                                                                                                  number: (703) 305–7090; email address:
                                              March 4, 2015. Objections and requests
                                                                                                                  Notices@epa.gov.                                              C. How can I file an objection or hearing
                                              for hearings must be received on or
                                              before May 4, 2015, and must be filed                               SUPPLEMENTARY INFORMATION:
                                                                                                                                                                                request?
                                              in accordance with the instructions                                                                                                 Under FFDCA section 408(g), 21
                                              provided in 40 CFR part 178 (see also                                                                                             U.S.C. 346a, any person may file an


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Document Created: 2018-02-21 09:31:56
Document Modified: 2018-02-21 09:31:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on March 4, 2015.
ContactMarilyn Powers at (215) 814-2308, or by email at [email protected]
FR Citation80 FR 11580 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide; Volatile Organic Compounds; National Parks and Wilderness Areas

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