80 FR 19548 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Allentown Nonattainment Area to Attainment for the 2006 24-Hour Fine Particulate Matter Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 70 (April 13, 2015)
Federal Register Volume 80, Issue 70 (April 13, 2015)
| Page Range | 19548-19551 | |
| FR Document | 2015-08164 |
[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)] [Rules and Regulations] [Pages 19548-19551] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08164] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R03-OAR-2014-0789; FRL-9925-94-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Allentown Nonattainment Area to Attainment for the 2006 24-Hour Fine Particulate Matter Standard 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 Allentown Nonattainment Area (Allentown Area or Area) for the 2006 24- hour fine particulate matter (PM2.5 ) national ambient air quality standard (NAAQS or standard). EPA has determined that the Allentown Area attained the 2006 24-hour PM2.5 NAAQS and that it continues to attain the standard. In addition, EPA is approving, as a revision to the Pennsylvania State Implementation Plan (SIP), the Allentown Area maintenance plan to show maintenance of the 2006 24-hour PM2.5 NAAQS through 2025 for the Area. The maintenance plan includes [[Page 19549]] the 2017 and 2025 PM2.5 and nitrogen oxides (NOX ) mobile vehicle emissions budgets (MVEBs) for the Area for the 2006 24- hour PM2.5 NAAQS, which EPA is approving for transportation conformity purposes. Furthermore, EPA is approving the 2007 base year emissions inventory, also included in the maintenance plan, for the Area for the 2006 24-hour PM2.5 NAAQS. These actions are being taken under the Clean Air Act (CAA). DATES: This final rule is effective on April 13, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2014-0789. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Rose Quinto at (215) 814-2182, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On September 5, 2014, the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP), formally submitted a request to redesignate the Allentown Area from nonattainment to attainment for the 2006 24-hour 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 2006 24- hour PM2.5 NAAQS, which EPA is approving for transportation conformity purposes. PADEP also submitted a 2007 comprehensive emissions inventory that was included in the maintenance plan for the 2006 24-hour PM2.5 NAAQS for PM2.5 , NOX , sulfur dioxide (SO2 ), volatile organic compounds (VOC), and ammonia (NH3 ). On February 4, 2015 (80 FR 6019), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA proposed approval of Pennsylvania's September 5, 2014 request to redesignate the Allentown Area to attainment for the 2006 24-hour PM2.5 NAAQS. EPA also proposed approval of the associated maintenance plan as a revision to the Pennsylvania SIP for the 2006 24- hour PM2.5 NAAQS, which includes the 2017 and 2025 for PM2.5 and NOX MVEBs for the 2006 24-hour PM2.5 NAAQS, which EPA proposed to approve for purposes of transportation conformity. In addition, EPA proposed approval of 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 adverse public comments were received on the NPR. II. Final Actions EPA is taking final actions on the redesignation request and SIP revisions submitted on September 5, 2014 by the Commonwealth of Pennsylvania, through PADEP for the Allentown Area for the 2006 24-hour PM2.5 NAAQS. First, EPA finds that the monitoring data demonstrates that the Area has attained the 2006 24-hour PM2.5 NAAQS, and continues to attain the standard. Approval of this redesignation request will change the official designation of the Allentown Area from nonattainment to attainment for the 2006 24- hour PM2.5 NAAQS. Second, EPA is approving Pennsylvania's redesignation request for the 2006 24-hour 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. Third, EPA is approving the associated maintenance plan for the Allentown Area as a revision to the Pennsylvania SIP for the 2006 24-hour PM2.5 NAAQS because it meets the requirements of section 175A of the CAA. The maintenance plan includes the 2017 and 2025 PM2.5 and NOX MVEBs submitted by Pennsylvania for the Allentown Area for transportation conformity purposes. In addition, EPA is approving the 2007 emissions inventory as meeting the requirement of section 172(c)(3) of the CAA for the standard. In accordance with 5 U.S.C. 553(d), EPA finds there is good cause for this rulemaking 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 rulemaking 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 rulemaking action, 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 rulemaking action 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 rulemaking action to become effective on the date of publication. 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 [[Page 19550]] merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 12, 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 Allentown Area for the 2006 24-hour PM 2.5 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: March 25, 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 2006 24-Hour PM2.5 Maintenance Plan and 2007 Base Year Emissions Inventory at the end of the table to read as follows: Sec. 52.2020 Identification of plan. * * * * * (e) * * * (1) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State EPA approval Additional revision area submittal date date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2006 24-Hour PM2.5 Maintenance Allentown Area 9/5/14 4/13/15 See Sec. 52.2036(t) Plan and 2007 Base Year Emissions (Lehigh and [Insert and Sec. Inventory. Northampton Federal 52.2059(o). Counties). Register citation] ---------------------------------------------------------------------------------------------------------------- * * * * * 0 3. Section 52.2036 is amended by adding paragraph (t) to read as follows: Sec. 52.2036 Base year emissions inventory. * * * * * (t) EPA approves as revisions to the Pennsylvania State Implementation Plan the 2007 base year emissions inventory for the Allentown 2006 24-hour fine particulate matter (PM2.5 ) nonattainment area submitted by the Pennsylvania Department of Environmental Protection on September 5, 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 (o) to read as follows: [[Page 19551]] Sec. 52.2059 Control strategy: Particular matter. * * * * * (o) EPA approves the maintenance plan for the Allentown nonattainment area for the 2006 24-hour PM2.5 NAAQS submitted by the Commonwealth of Pennsylvania on September 5, 2014. The maintenance plan includes the 2017 and 2025 PM2.5 and NOX mobile vehicle emissions budgets (MVEBs) for Lehigh and Northampton Counties to be applied to all future transportation conformity determinations and analyses for the Allentown nonattainment area for the 2006 24-hour PM2.5 NAAQS. Allentown Area's Motor Vehicle Emission Budgets for the 2006 24-Hour PM2.5 NAAQS in Tons per Year ---------------------------------------------------------------------------------------------------------------- Effective date of SIP Type of control strategy SIP Year PM2.5 NOX approval ---------------------------------------------------------------------------------------------------------------- Maintenance Plan...................... 2017 297 8,081 April 13, 2015. 2025 234 5,303 April 13, 2015. ---------------------------------------------------------------------------------------------------------------- PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 5. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 6. Section 81.339 is amended under the table entitled ``2006 24-Hour PM2.5 NAAQS'' by revising the entries for ``Allentown, PA'' to read as follows: Sec. 81.339 Pennsylvania * * * * * PENNSYLVANIA--2006 24-Hour PM2.5 NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation \a\ Classification Designated area -------------------------------------------------------------------------------- Date \1\ Type Date \2\ Type ---------------------------------------------------------------------------------------------------------------- * * * * * * * Allentown, PA: Lehigh County.............. April 13, 2015.... Attainment Northampton County......... April 13, 2015.... Attainment .................. .................. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \a\ Includes Indian Country located in each county or area, except as otherwise specified. \1\ This date is 30 days after November 13, 2009, unless otherwise noted. \2\ This date is July 2, 2014, unless otherwise noted. * * * * * [FR Doc. 2015-08164 Filed 4-10-15; 8:45 am] BILLING CODE 6560-50-P
![19548 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations
and to the Comptroller General of the (c) * * * Manufacture of Synthesized
United States. EPA will submit a report (456) New and amended regulations Pharmaceutical Products; EPA–450/2–
containing this action and other for the following APCDs were submitted 78–030 Control of Volatile Organic
required information to the U.S. Senate, on February 7, 2008 by the Governor’s Emissions from Manufacture of
the U.S. House of Representatives, and designee. Pneumatic Rubber Tires; EPA–450/3–
the Comptroller General of the United (i) [Reserved] 83–008 Control of Volatile Organic
States prior to publication of the rule in (ii) Additional Material. Compound Emissions from Manufacture
the Federal Register. A major rule (A) Northern Sierra Air Quality of High-Density Polyethylene,
cannot take effect until 60 days after it Management District. Polypropylene, and Polystyrene Resins;
is published in the Federal Register. (1) Reasonably Available Control EPA–450/3–83–006 Control of Volatile
This action is not a ‘‘major rule’’ as Technology (RACT) State Organic Compound Leaks from
defined by 5 U.S.C. 804(2). Implementation Plan (SIP) Revision for
Synthetic Organic Chemical Polymer
Under section 307(b)(1) of the Clean Western Nevada County 8-Hour Ozone
and Resin Manufacturing Equipment;
Air Act, petitions for judicial review of Non-Attainment Area as adopted on
EPA–450/3–94–032, Shipbuilding/
this action must be filed in the United June 25, 2007.
Repair; EPA–450/2–77–022, Control of
States Court of Appeals for the ■ 3. Section 52.222 is amended by Volatile Organic Emissions from Solvent
appropriate circuit by June 12, 2015. adding paragraph (a)(9)(iii) to read as Metal Cleaning; EPA–450/3–84–015
Filing a petition for reconsideration by follows: Control of Volatile Organic Compound
the Administrator of this final rule does Emissions from Air Oxidation Processes
§ 52.222 Negative declarations.
not affect the finality of this action for in Synthetic Organic Chemical
the purposes of judicial review nor does (a) * * *
(9) * * * Manufacturing Industry; EPA–450/4–
it extend the time within which a 91–031 Control of Volatile Organic
(iii) EPA–453/R–97–004 Aerospace
petition for judicial review may be filed, Compound Emissions from Reactor
CTG and MACT; EPA–450/2–77–008
and shall not postpone the effectiveness Processes and Distillation Operations in
Control of Volatile Organic Emissions
of such rule or action. Parties with Synthetic Organic Chemical
from Existing Stationary Sources—
objections to this direct final rule are Manufacturing Industry; EPA–453/R–
Volume II: Surface Coating of Cans,
encouraged to file a comment in 96–007, Wood Furniture.
Coils, Paper, Fabrics, Automobiles, and
response to the parallel notice of
Light-Duty Trucks; EPA–450/2–78–032, * * * * *
proposed rulemaking for this action
published in the Proposed Rules section Control of Volatile Organic Emissions [FR Doc. 2015–08421 Filed 4–10–15; 8:45 am]
of this Federal Register, rather than file from Existing Stationary Sources— BILLING CODE 6560–50–P
an immediate petition for judicial Volume VII: Factory Surface Coating of
review of this direct final rule, so that Flat Wood Paneling; EPA–450/2–77–
026, Control of Hydrocarbons from Tank ENVIRONMENTAL PROTECTION
EPA can withdraw this direct final rule AGENCY
and address the comment in the Truck Gasoline Loading Terminals;
proposed rulemaking. This action may EPA–450/2–78–033, Control of Volatile
Organic Emissions from Existing 40 CFR Parts 52 and 81
not be challenged later in proceedings to
enforce its requirements (see section Stationary Sources—Volume III: [EPA–R03–OAR–2014–0789; FRL–9925–94–
307(b)(2)). Graphic Arts—Rotogravure and Region 3]
Flexography; EPA–450/2–77–034
List of Subjects in 40 CFR Part 52 Control of Volatile Organic Emissions Approval and Promulgation of Air
from Existing Stationary Sources— Quality Implementation Plans;
Environmental protection, Air
Volume V: Surface Coating of Large Pennsylvania; Redesignation of the
pollution control, Incorporation by
Appliances; EPA–450/3–82–009, Allentown Nonattainment Area to
reference, Intergovernmental relations,
Control of Volatile Organic Compound Attainment for the 2006 24-Hour Fine
Nitrogen dioxide, Ozone, Reporting and
Emissions from Large Petroleum Dry Particulate Matter Standard
recordkeeping requirements, Volatile
organic compounds. Cleaners; EPA–450/2–77–033 Control of AGENCY: Environmental Protection
Volatile Organic Emissions from Agency (EPA).
Authority: 42 U.S.C. 7401 et seq.
Existing Stationary Sources—Volume ACTION: Final rule.
Dated: February 12, 2015. IV: Surface Coating of Insulation of
Alexis Strauss, Magnet Wire; EPA–450/2–77–032 SUMMARY: The Environmental Protection
Acting Regional Administrator, Region IX. Control of Volatile Organic Emissions Agency (EPA) is approving the
Part 52, chapter I, title 40 of the Code from Existing Stationary Sources— Commonwealth of Pennsylvania’s
of Federal Regulations is amended as Volume III: Surface Coating of Metal request to redesignate to attainment the
follows: Furniture; EPA–450–83–007, Control of Allentown Nonattainment Area
Volatile Organic Compound Equipment (Allentown Area or Area) for the 2006
PART 52 [AMENDED] Leaks from Natural Gas/Gasoline 24-hour fine particulate matter (PM2.5)
Processing Plants; EPA–450/2–78–047, national ambient air quality standard
■ 1. The authority citation for part 52
Control of Volatile Organic Compound (NAAQS or standard). EPA has
continues to read as follows:
Emissions from Petroleum Liquid determined that the Allentown Area
Authority: 42 U.S.C. 7401 et seq. Storage in External Floating Roof Tanks; attained the 2006 24-hour PM2.5 NAAQS
EPA–450/2–77–025 Control of Refinery and that it continues to attain the
wreier-aviles on DSK5TPTVN1PROD with RULES
Subpart F—California
Vacuum Producing Systems, standard. In addition, EPA is approving,
■ 2. Section 52.220 is amended by Wastewater Separators, and Process as a revision to the Pennsylvania State
adding paragraph (c)(456) to read as Unit Turnarounds; EPA–450/2–78–036 Implementation Plan (SIP), the
follows: Control of Volatile Organic Compound Allentown Area maintenance plan to
Leaks from Petroleum Refinery show maintenance of the 2006 24-hour
§ 52.220 Identification of plan. Equipment; EPA–450/2–78–029 Control PM2.5 NAAQS through 2025 for the
* * * * * of Volatile Organic Emissions from Area. The maintenance plan includes
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![19550 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations
merely approves state law as meeting In addition, this rule does not have This action, approving the
Federal requirements and does not tribal implications as specified by redesignation request and maintenance
impose additional requirements beyond Executive Order 13175 (65 FR 67249, plan and comprehensive emissions
those imposed by state law. For that November 9, 2000), because the SIP is inventory for the Allentown Area for the
reason, this action: not approved to apply in Indian country 2006 24-hour PM2.5 NAAQS, may not be
• Is not a ‘‘significant regulatory located in the state, and EPA notes that challenged later in proceedings to
action’’ subject to review by the Office it will not impose substantial direct enforce its requirements. See section
of Management and Budget under costs on tribal governments or preempt 307(b)(2).
Executive Order 12866 (58 FR 51735, tribal law.
October 4, 1993); List of Subjects
• does not impose an information B. Submission to Congress and the 40 CFR part 52
collection burden under the provisions Comptroller General
Environmental protection, Air
of the Paperwork Reduction Act (44 The Congressional Review Act, 5 pollution control, Incorporation by
U.S.C. 3501 et seq.); U.S.C. 801 et seq., as added by the Small
• is certified as not having a reference, Nitrogen oxides, Particulate
Business Regulatory Enforcement matter, Reporting and recordkeeping
significant economic impact on a Fairness Act of 1996, generally provides
substantial number of small entities requirements, Sulfur dioxide, Volatile
that before a rule may take effect, the organic compounds.
under the Regulatory Flexibility Act (5 agency promulgating the rule must
U.S.C. 601 et seq.); submit a rule report, which includes a 40 CFR part 81
• does not contain any unfunded
copy of the rule, to each House of the Air pollution control, National parks,
mandate or significantly or uniquely
Congress and to the Comptroller General Wilderness areas.
affect small governments, as described
of the United States. EPA will submit a Dated: March 25, 2015.
in the Unfunded Mandates Reform Act
report containing this action and other
of 1995 (Pub. L. 104–4); William C. Early,
required information to the U.S. Senate,
• does not have Federalism Acting, Regional Administrator, Region III.
the U.S. House of Representatives, and
implications as specified in Executive
the Comptroller General of the United 40 CFR parts 52 and 81 are amended
Order 13132 (64 FR 43255, August 10,
States prior to publication of the rule in as follows:
1999);
• is not an economically significant the Federal Register. A major rule
cannot take effect until 60 days after it PART 52—APPROVAL AND
regulatory action based on health or PROMULGATION OF
safety risks subject to Executive Order is published in the Federal Register.
This action is not a ‘‘major rule’’ as IMPLEMENTATION PLANS
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action defined by 5 U.S.C. 804(2).
■ 1. The authority citation for part 52
subject to Executive Order 13211 (66 FR C. Petitions for Judicial Review continues to read as follows:
28355, May 22, 2001);
Authority: 42 U.S.C. 7401 et seq.
• is not subject to requirements of Under section 307(b)(1) of the CAA,
Section 12(d) of the National petitions for judicial review of this Subpart NN—Pennsylvania
Technology Transfer and Advancement action must be filed in the United States
Act of 1995 (15 U.S.C. 272 note) because Court of Appeals for the appropriate ■ 2. In § 52.2020, the table in paragraph
application of those requirements would circuit by June 12, 2015. Filing a (e)(1) is amended by adding an entry for
be inconsistent with the CAA; and petition for reconsideration by the 2006 24-Hour PM2.5 Maintenance Plan
• does not provide EPA with the Administrator of this final rule does not and 2007 Base Year Emissions Inventory
discretionary authority to address, as affect the finality of this action for the at the end of the table to read as follows:
appropriate, disproportionate human purposes of judicial review nor does it
health or environmental effects, using extend the time within which a petition § 52.2020 Identification of plan.
practicable and legally permissible for judicial review may be filed, and * * * * *
methods, under Executive Order 12898 shall not postpone the effectiveness of (e) * * *
(59 FR 7629, February 16, 1994). such rule or action. (1) * * *
Name of non-regulatory SIP State EPA
Applicable geographic area Additional explanation
revision submittal date approval date
* * * * * * *
2006 24-Hour PM2.5 Maintenance Allentown Area (Lehigh and North- 9/5/14 4/13/15 [Insert See § 52.2036(t) and § 52.2059(o).
Plan and 2007 Base Year Emis- ampton Counties). Federal
sions Inventory. Register
citation]
* * * * * for the Allentown 2006 24-hour fine the inventory are PM2.5, nitrogen oxides
3. Section 52.2036 is amended by particulate matter (PM2.5) nonattainment (NOX), volatile organic compounds
wreier-aviles on DSK5TPTVN1PROD with RULES
■
adding paragraph (t) to read as follows: area submitted by the Pennsylvania (VOCs), ammonia (NH3), and sulfur
Department of Environmental Protection dioxide (SO2).
§ 52.2036 Base year emissions inventory. on September 5, 2014. The emissions
■ 4. Section 52.2059 is amended by
* * * * * inventory includes emissions estimates
adding paragraph (o) to read as follows:
(t) EPA approves as revisions to the that cover the general source categories
Pennsylvania State Implementation Plan of point, area, nonroad, and onroad
the 2007 base year emissions inventory sources. The pollutants that comprise
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§ 52.2059 Control strategy: Particular submitted by the Commonwealth of Lehigh and Northampton Counties to be
matter. Pennsylvania on September 5, 2014. applied to all future transportation
* * * * * The maintenance plan includes the conformity determinations and analyses
(o) EPA approves the maintenance 2017 and 2025 PM2.5 and NOX mobile for the Allentown nonattainment area
plan for the Allentown nonattainment vehicle emissions budgets (MVEBs) for for the 2006 24-hour PM2.5 NAAQS.
area for the 2006 24-hour PM2.5 NAAQS
ALLENTOWN AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 2006 24-HOUR PM2.5 NAAQS IN TONS PER YEAR
Type of control strategy SIP Year PM2.5 NOX Effective date of SIP approval
Maintenance Plan ........................................... 2017 297 8,081 April 13, 2015.
2025 234 5,303 April 13, 2015.
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. § 81.339 Pennsylvania
FOR AIR QUALITY PLANNING ■ 6. Section 81.339 is amended under * * * * *
PURPOSES the table entitled ‘‘2006 24-Hour PM2.5 PENNSYLVANIA—2006 24-Hour PM2.5
■ 5. The authority citation for part 81 NAAQS’’ by revising the entries for NAAQS
continues to read as follows: ‘‘Allentown, PA’’ to read as follows:
[Primary and secondary]
Designation a Classification
Designated area
Date 1 Type Date 2 Type
* * * * * * *
Allentown, PA:
Lehigh County ............................. April 13, 2015 ............... Attainment
Northampton County ................... April 13, 2015 ............... Attainment
* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is 30 days after November 13, 2009, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
* * * * * the DOT’s definition of the CCF to custody and control procedures, to
[FR Doc. 2015–08164 Filed 4–10–15; 8:45 am] include both paper and electronic include use of an OMB-approved CCF.
BILLING CODE 6560–50–P forms.
I. Authority for This Rulemaking
DATES: This final rule is effective on
This rulemaking is promulgated
April 13, 2015.
DEPARTMENT OF TRANSPORTATION pursuant to the Omnibus Transportation
FOR FURTHER INFORMATION CONTACT: For Employee Testing Act (OTETA) of 1991
Office of the Secretary technical questions about this action, (Pub. L. 102–143, 105 Stat. 952, (Oct. 28,
contact Mark Snider, Office of Drug and 1991)).
49 CFR Part 40 Alcohol Policy and Compliance, 1200
New Jersey Ave. SE., Washington, DC II. Background
[Docket No. OST–2015–0045] 20590; telephone: (202) 366–3784; The Federal Workplace Drug Testing
RIN 2105–AE35 email: ODAPCWebMail@dot.gov. Program was established by Executive
SUPPLEMENTARY INFORMATION: Order 12564 on September 15, 1986,
Use of Electronic Chain of Custody and further mandated by Congress in
and Control Form in DOT-Regulated Good Cause for Immediate Adoption
section 503 of Public Law 100–71 (July
Drug Testing Programs Section 553(b)(3)(B) of title 5, U.S. 11, 1987). The Department of Health
AGENCY: Office of the Secretary of Code, authorizes agencies to dispense and Human Services (HHS), in
Transportation (OST), U.S. Department with notice and comment procedures developing the program, created a
of Transportation (DOT). for rules when the agency for ‘‘good comprehensive set of standards for the
ACTION: Final rule. cause’’ finds that those procedures are Federal workplace drug testing program,
‘‘impracticable, unnecessary, or contrary including chain of custody procedures
SUMMARY: This action amends the U.S. to the public interest.’’ In this instance, designed to ensure the integrity and
Department of Transportation’s (DOT) the DOT finds that notice and public security of specimens from the time the
wreier-aviles on DSK5TPTVN1PROD with RULES
regulations to incorporate changes to the comment to this immediately adopted specimen is collected until the time the
Substance Abuse and Mental Health final rule, as well as any delay in the testing results are reported by the
Services Administration’s (SAMHSA) effective date of this rule, is laboratory. To satisfy the congressional
chain of custody and control form (CCF) unnecessary, given that the electronic mandate, HHS first issued its mandatory
recently approved by the Office of CCF (eCCF) has been approved for use guidelines on April 11, 1988, and in
Management and Budget (OMB). by OMB and the DOT is bound by doing so, created the uniform CCF. The
Specifically, this rulemaking expands statute to follow SAMHSA’s chain of CCF is the tool by which agencies and
VerDate Sep<11>2014 15:35 Apr 10, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\13APR1.SGM 13APR1](https://thefederalregister.org/doc/80_FR_19618/page/4.svg)
Document Created: 2015-12-18 11:22:16
Document Modified: 2015-12-18 11:22:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on April 13, 2015. | |
| Contact | Rose Quinto at (215) 814-2182, or by email at [email protected] | |
| FR Citation | 80 FR 19548 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental 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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