80 FR 22112 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Pennsylvania Portion of the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 76 (April 21, 2015)
Federal Register Volume 80, Issue 76 (April 21, 2015)
| Page Range | 22112-22115 | |
| FR Document | 2015-09005 |
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)] [Rules and Regulations] [Pages 22112-22115] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09005] [[Page 22112]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R03-OAR-2014-0868; FRL-9926-43-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Pennsylvania Portion of the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area for the 1997 Annual and 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 Pennsylvania portion of the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area (Philadelphia Area or Area) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5 ) national ambient air quality standard (NAAQS or standard). EPA has determined that the Philadelphia Area attained both the 1997 annual and 2006 24- hour PM2.5 NAAQS. In addition, EPA is approving as a revision to the Pennsylvania State Implementation Plan (SIP) the associated maintenance plan to show maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS through 2025 for the Pennsylvania portion of the Area. The maintenance plan includes the 2017 and 2025 PM2.5 and nitrogen oxides (NOX ) mobile vehicle emissions budgets (MVEBs) for the Pennsylvania portion of the Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS, which EPA is approving for transportation conformity purposes. Furthermore, EPA is approving the 2007 base year emissions inventory included in the maintenance plan for the Pennsylvania portion of 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 21, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2014-0868. 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 Pennsylvania portion of the Philadelphia Area from nonattainment to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS. Concurrently, PADEP submitted a maintenance plan for the Pennsylvania portion of the Area as a SIP revision to ensure continued attainment throughout the Pennsylvania portion of the Area over the next 10 years. The maintenance plan includes the 2017 and 2025 PM2.5 and NOX MVEBs for the Pennsylvania portion of the Area for the 1997 annual and 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 NOX , sulfur dioxide (SO2 ), volatile organic compounds (VOC), and ammonia (NH3 ). On February 17, 2015 (80 FR 8254), EPA published a notice of proposed rulemaking (NPR) for Pennsylvania. In the NPR, EPA proposed approval of Pennsylvania's September 5, 2014 request to redesignate the Pennsylvania portion of the Philadelphia Area to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA also proposed approval of the associated maintenance plan as a revision to the Pennsylvania SIP for the 1997 annual and 2006 24-hour PM2.5 NAAQS, which includes the 2017 and 2025 PM2.5 and NOX MVEBs for both NAAQS, which EPA proposed to approve for purposes of transportation conformity. In addition, EPA proposed approval of the 2007 emissions inventory included in the maintenance plan for the Pennsylvania portion of the Area for the 2006 24-hour PM2.5 NAAQS 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 for the Pennsylvania portion of the Philadelphia Area for the1997 annual and 2006 24-hour PM2.5 NAAQS. First, EPA finds that the monitoring data demonstrates that the Area has attained the 1997 annual and 2006 24-hour PM2.5 NAAQS, and continues to attain both NAAQS. Second, EPA is approving Pennsylvania's redesignation request for the 1997 annual and 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 both NAAQS. Approval of this redesignation request will change the official designation of the Pennsylvania portion of the Philadelphia Area from nonattainment to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS. Third, EPA is approving the associated maintenance plan for the Pennsylvania portion of the Philadelphia Area as a revision to the Pennsylvania SIP for the 1997 annual and 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 Pennsylvania portion of the Philadelphia Area for transportation conformity purposes. In addition, EPA is approving the 2007 emissions inventory for the Pennsylvania portion of the Area as meeting the requirement of section 172(c)(3) of the CAA for the 2006 24-hour PM2.5 NAAQS. 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 [[Page 22113]] 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 Pennsylvania portion of the Philadelphia Area pursuant to part D of the CAA and approves certain emissions inventories and MVEBs for the Pennsylvania portion of 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 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 22, 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 for the Pennsylvania portion of the Philadelphia Area for the 1997 annual and 2006 24-hour PM 2.5 NAAQS and the comprehensive emissions inventory for the Pennsylvania portion of the Philadelphia Area for the 2006 24-hour 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: April 7, 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 and 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) * * * [[Page 22114]] -------------------------------------------------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State revision area submittal date EPA approval date Additional explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- 1997 Annual and 2006 24-Hour PM2.5 Philadelphia- 9/5/14 4/21/15 [Insert Federal Register See Sec. 52.2036(u) and Sec. Maintenance Plan and 2007 Base Wilmington, PA-NJ-DE. citation]. 52.2059(p) Year Emissions Inventory. -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * 0 3. Section 52.2036 is amended by adding paragraph (u) to read as follows: Sec. 52.2036 Base year emissions inventory. * * * * * (u) EPA approves as revisions to the Pennsylvania State Implementation Plan the 2007 base year emissions inventory for the Pennsylvania portion of the Philadelphia Area for the 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 (p) to read as follows: Sec. 52.2059 Control strategy: Particular matter. * * * * * (p) EPA approves the maintenance plan for the Pennsylvania portion of the Philadelphia nonattainment area for the 1997 annual and 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) to be applied to all future transportation conformity determinations and analyses for the Pennsylvania portion of the Philadelphia nonattainment area for the 1997 annual and 2006 24- hour PM2.5 NAAQS. Pennsylvania Portion of the Philadelphia Area's Motor Vehicle Emission Budgets for the 1997 Annual and 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 1,679 37,922 April 21, 2015. 2025 1,316 25,361 April 21, 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 by revising the entry for ``Philadelphia- Wilmington, PA-NJ-DE'' where it occurs in the tables entitled ``Pennsylvania--1997 Annual PM2.5 NAAQS'' and ``2006 24-Hour PM2.5 NAAQS'' 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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Philadelphia-Wilmington, PA-NJ- DE: Bucks County................ April 21, 2015..... Attainment......... Chester County.............. April 21, 2015..... Attainment......... Delaware County............. April 21, 2015..... Attainment......... Montgomery County........... April 21, 2015..... Attainment......... Philadelphia County......... April 21, 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. * * * * * [[Page 22115]] Pennsylvania--2006 24-Hour PM2.5 NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation \a\ Classification Designated area ------------------------------------------------------------------------------- Date \1\ Type Date \2\ Type ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Philadelphia-Wilmington, PA-NJ- DE: Bucks County................ April 21, 2015..... Attainment......... Chester County.............. April 21, 2015..... Attainment......... Delaware County............. April 21, 2015..... Attainment......... Montgomery County........... April 21, 2015..... Attainment......... Philadelphia County......... April 21, 2015..... Attainment......... ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- \a\ Includes Indian County 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. 2015-09005 Filed 4-20-15; 8:45 am] BILLING CODE 6560-50-P
![22112 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations
ENVIRONMENTAL PROTECTION copyrighted material, is not placed on addition, EPA proposed approval of the
AGENCY the Internet and will be publicly 2007 emissions inventory included in
available only in hard copy form. the maintenance plan for the
40 CFR Parts 52 and 81 Publicly available docket materials are Pennsylvania portion of the Area for the
[EPA–R03–OAR–2014–0868; FRL–9926–43– available either electronically through 2006 24-hour PM2.5 NAAQS to meet the
Region 3] www.regulations.gov or in hard copy for emissions inventory requirement of
public inspection during normal section 172(c)(3) of the CAA.
Approval and Promulgation of Air business hours at the Air Protection The details of Pennsylvania’s
Quality Implementation Plans; Division, U.S. Environmental Protection submittal and the rationale for EPA’s
Pennsylvania; Redesignation Request Agency, Region III, 1650 Arch Street, proposed actions are explained in the
and Associated Maintenance Plan for Philadelphia, Pennsylvania 19103. NPR and will not be restated here. No
the Pennsylvania Portion of the Copies of the State submittal are adverse public comments were received
Philadelphia-Wilmington, PA-NJ-DE available at the Pennsylvania on the NPR.
Nonattainment Area for the 1997 Department of Environmental II. Final Actions
Annual and 2006 24-Hour Fine Protection, Bureau of Air Quality
Particulate Matter Standard Control, P.O. Box 8468, 400 Market EPA is taking final actions on the
Street, Harrisburg, Pennsylvania 17105. redesignation request and SIP revisions
AGENCY: Environmental Protection submitted on September 5, 2014 by the
Agency (EPA). FOR FURTHER INFORMATION CONTACT: Rose
Commonwealth of Pennsylvania for the
ACTION: Final rule. Quinto at (215) 814–2182, or by email Pennsylvania portion of the
at quinto.rose@epa.gov. Philadelphia Area for the1997 annual
SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: and 2006 24-hour PM2.5 NAAQS. First,
Agency (EPA) is approving the EPA finds that the monitoring data
Commonwealth of Pennsylvania’s I. Background
demonstrates that the Area has attained
request to redesignate to attainment the On September 5, 2014, the the 1997 annual and 2006 24-hour PM2.5
Pennsylvania portion of the Commonwealth of Pennsylvania, NAAQS, and continues to attain both
Philadelphia-Wilmington, PA-NJ-DE through the Pennsylvania Department of NAAQS. Second, EPA is approving
Nonattainment Area (Philadelphia Area Environmental Protection (PADEP), Pennsylvania’s redesignation request for
or Area) for the 1997 annual and 2006 formally submitted a request to the 1997 annual and 2006 24-hour PM2.5
24-hour fine particulate matter (PM2.5) redesignate the Pennsylvania portion of NAAQS, because EPA has determined
national ambient air quality standard the Philadelphia Area from that the request meets the redesignation
(NAAQS or standard). EPA has nonattainment to attainment for the criteria set forth in section 107(d)(3)(E)
determined that the Philadelphia Area 1997 annual and 2006 24-hour PM2.5 of the CAA for both NAAQS. Approval
attained both the 1997 annual and 2006 NAAQS. Concurrently, PADEP of this redesignation request will change
24-hour PM2.5 NAAQS. In addition, EPA submitted a maintenance plan for the the official designation of the
is approving as a revision to the Pennsylvania portion of the Area as a Pennsylvania portion of the
Pennsylvania State Implementation Plan SIP revision to ensure continued Philadelphia Area from nonattainment
(SIP) the associated maintenance plan to attainment throughout the Pennsylvania to attainment for the 1997 annual and
show maintenance of the 1997 annual portion of the Area over the next 10 2006 24-hour PM2.5 NAAQS. Third, EPA
and 2006 24-hour PM2.5 NAAQS years. The maintenance plan includes is approving the associated maintenance
through 2025 for the Pennsylvania the 2017 and 2025 PM2.5 and NOX plan for the Pennsylvania portion of the
portion of the Area. The maintenance MVEBs for the Pennsylvania portion of Philadelphia Area as a revision to the
plan includes the 2017 and 2025 PM2.5 the Area for the 1997 annual and 2006 Pennsylvania SIP for the 1997 annual
and nitrogen oxides (NOX) mobile 24-hour PM2.5 NAAQS, which EPA is and 2006 24-hour PM2.5 NAAQS
vehicle emissions budgets (MVEBs) for approving for transportation conformity because it meets the requirements of
the Pennsylvania portion of the Area for purposes. PADEP also submitted a 2007 section 175A of the CAA. The
the 1997 annual and 2006 24-hour PM2.5 comprehensive emissions inventory that maintenance plan includes the 2017 and
NAAQS, which EPA is approving for was included in the maintenance plan 2025 PM2.5 and NOX MVEBs submitted
transportation conformity purposes. for the 2006 24-hour PM2.5 NAAQS for by Pennsylvania for the Pennsylvania
Furthermore, EPA is approving the 2007 NOX, sulfur dioxide (SO2), volatile portion of the Philadelphia Area for
base year emissions inventory included organic compounds (VOC), and transportation conformity purposes. In
in the maintenance plan for the ammonia (NH3). addition, EPA is approving the 2007
Pennsylvania portion of the Area for the On February 17, 2015 (80 FR 8254), emissions inventory for the
2006 24-hour PM2.5 NAAQS. These EPA published a notice of proposed Pennsylvania portion of the Area as
actions are being taken under the Clean rulemaking (NPR) for Pennsylvania. In meeting the requirement of section
Air Act (CAA). the NPR, EPA proposed approval of 172(c)(3) of the CAA for the 2006 24-
DATES: This final rule is effective on Pennsylvania’s September 5, 2014 hour PM2.5 NAAQS.
April 21, 2015. request to redesignate the Pennsylvania In accordance with 5 U.S.C. 553(d),
ADDRESSES: EPA has established a portion of the Philadelphia Area to EPA finds there is good cause for this
docket for this action under Docket ID attainment for the 1997 annual and 2006 rulemaking action to become effective
Number EPA–R03–OAR–2014–0868. All 24-hour PM2.5 NAAQS. EPA also immediately upon publication. A
documents in the docket are listed in proposed approval of the associated delayed effective date is unnecessary
the www.regulations.gov Web site. maintenance plan as a revision to the due to the nature of a redesignation to
tkelley on DSK3SPTVN1PROD with RULES
Although listed in the electronic docket, Pennsylvania SIP for the 1997 annual attainment, which eliminates CAA
some information is not publicly and 2006 24-hour PM2.5 NAAQS, which obligations that would otherwise apply.
available, i.e., confidential business includes the 2017 and 2025 PM2.5 and The immediate effective date for this
information (CBI) or other information NOX MVEBs for both NAAQS, which rulemaking action is authorized under
whose disclosure is restricted by statute. EPA proposed to approve for purposes both 5 U.S.C. 553(d)(1), which provides
Certain other material, such as of transportation conformity. In that rulemaking actions may become
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Name of non-regulatory SIP State submittal
Applicable geographic area EPA approval date Additional explanation
revision date
* * * * * * *
1997 Annual and 2006 24-Hour Philadelphia-Wilmington, PA-NJ- 9/5/14 4/21/15 [Insert Federal See § 52.2036(u) and
PM2.5 Maintenance Plan and DE. Register citation]. § 52.2059(p)
2007 Base Year Emissions In-
ventory.
* * * * * includes emissions estimates that cover Philadelphia nonattainment area for the
■ 3. Section 52.2036 is amended by the general source categories of point, 1997 annual and 2006 24-hour PM2.5
adding paragraph (u) to read as follows: area, nonroad, and onroad sources. The NAAQS submitted by the
pollutants that comprise the inventory Commonwealth of Pennsylvania on
§ 52.2036 Base year emissions inventory. are PM2.5, nitrogen oxides (NOX), September 5, 2014. The maintenance
* * * * * volatile organic compounds (VOCs), plan includes the 2017 and 2025 PM2.5
(u) EPA approves as revisions to the ammonia (NH3), and sulfur dioxide and NOX mobile vehicle emissions
Pennsylvania State Implementation Plan (SO2). budgets (MVEBs) to be applied to all
the 2007 base year emissions inventory ■ 4. Section 52.2059 is amended by future transportation conformity
for the Pennsylvania portion of the adding paragraph (p) to read as follows: determinations and analyses for the
Philadelphia Area for the 2006 24-hour
§ 52.2059 Control strategy: Particular Pennsylvania portion of the
fine particulate matter (PM2.5)
nonattainment area submitted by the matter. Philadelphia nonattainment area for the
Pennsylvania Department of * * * * * 1997 annual and 2006 24-hour PM2.5
Environmental Protection on September (p) EPA approves the maintenance NAAQS.
5, 2014. The emissions inventory plan for the Pennsylvania portion of the
PENNSYLVANIA PORTION OF THE PHILADELPHIA AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL AND
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 1,679 37,922 April 21, 2015.
2025 1,316 25,361 April 21, 2015.
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. 1997 Annual PM2.5 NAAQS’’ and ‘‘2006
FOR AIR QUALITY PLANNING 24-Hour PM2.5 NAAQS’’ to read as
PURPOSES ■ 6. Section 81.339 is amended by follows:
revising the entry for ‘‘Philadelphia-
■ 5. The authority citation for part 81 Wilmington, PA-NJ-DE’’ where it occurs § 81.339 Pennsylvania.
continues to read as follows: in the tables entitled ‘‘Pennsylvania— * * * * *
PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a Classification
Designated area
Date 1 Type Date 2 Type
* * * * * * *
Philadelphia-Wilmington, PA-NJ-DE:
Bucks County .......................................... April 21, 2015 ................... Attainment.
Chester County ....................................... April 21, 2015 ................... Attainment.
Delaware County .................................... April 21, 2015 ................... Attainment.
Montgomery County ............................... April 21, 2015 ................... Attainment.
Philadelphia County ................................ April 21, 2015 ................... Attainment.
* * * * * * *
tkelley on DSK3SPTVN1PROD with RULES
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.
* * * * *
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![Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22115
PENNSYLVANIA—2006 24-HOUR PM2.5 NAAQS
[Primary and secondary]
Designation a Classification
Designated area
Date 1 Type Date 2 Type
* * * * * * *
Philadelphia-Wilmington, PA-NJ-DE:
Bucks County .......................................... April 21, 2015 ................... Attainment.
Chester County ....................................... April 21, 2015 ................... Attainment.
Delaware County .................................... April 21, 2015 ................... Attainment.
Montgomery County ............................... April 21, 2015 ................... Attainment.
Philadelphia County ................................ April 21, 2015 ................... Attainment.
* * * * * * *
a Includes Indian County 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. 2015–09005 Filed 4–20–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. List of Subjects
BILLING CODE 6560–50–P Rick Barrett (6PD–R), Air Permits
40 CFR Part 61
Section, telephone (214) 665–7227, fax
(214) 665–6762, email: barrett.richard@ Environmental protection,
ENVIRONMENTAL PROTECTION epa.gov. Administrative practice and procedure,
AGENCY
SUPPLEMENTARY INFORMATION: On Air pollution control, Arsenic, Benzene,
40 CFR Parts 61 and 63 February 24, 2015, EPA published a Beryllium, Hazardous substances,
direct final rule approving the updated Mercury, Intergovernmental relations,
[EPA–R06–OAR–2008–0063; FRL–9926–50– Reporting and recordkeeping
Region 6]
delegation of EPA authority for
implementation and enforcement of requirements, Vinyl chloride.
National Emission Standards for NESHAPs for all sources (both part 70 40 CFR Part 63
Hazardous Air Pollutants; Delegation and non-part 70 sources) to the ODEQ.
of Authority to Oklahoma The direct final rule was published Environmental protection,
without prior proposal because EPA Administrative practice and procedure,
AGENCY: Environmental Protection anticipated no adverse comments. EPA Air pollution control, Hazardous
Agency (EPA). stated in the direct final rule that if substances, Intergovernmental relations,
ACTION: Withdrawal of direct final rule. relevant, adverse comments were Reporting and recordkeeping
SUMMARY: On February 24, 2015, the received by March 26, 2015, EPA would requirements.
Environmental Protection Agency (EPA) publish a timely withdrawal in the
Dated: April 9, 2015.
published a direct final rule approving Federal Register. EPA received a
Wren Stenger,
the updated delegation of EPA authority comment on March 25, 2015, from the
ODEQ stating in relevant part, that EPA Director, Multimedia Planning and Permitting
for implementation and enforcement of Division, Region 6.
National Emission Standards for reconsider the limitation on ODEQ’s
Hazardous Air Pollutants (NESHAPs) authority over NESHAPs and remove
PART 61—NATIONAL EMISSION
for all sources (both part 70 and non- the language in the final rule requiring
STANDARDS FOR HAZARDOUS AIR
part 70 sources) to the Oklahoma ODEQ to make a demonstration of
POLLUTANTS
Department of Environmental Quality jurisdiction over non-reservation Indian
(ODEQ). The direct final rule was country. ODEQ cited various wording
PART 63—NATIONAL EMISSION
published without prior proposal from two court cases where both
STANDARDS FOR HAZARDOUS AIR
because EPA anticipated no adverse generally stated that a state has
POLLUTANTS FOR SOURCE
comments. EPA stated in the direct final regulatory jurisdiction under the CAA
over all the land within its territory and CATEGORIES
rule that if EPA received relevant,
adverse comments by March 26, 2015, outside the boundaries of an Indian
Accordingly, the amendments to 40
EPA would publish a timely withdrawal reservation, and that regulatory
CFR 61.04 and 40 CFR 63.99 published
in the Federal Register. EPA received a jurisdiction under the CAA must lie
relevant, adverse comment on March 25, in the Federal Register on February 24,
initially with either a tribe or a state.
2015, and accordingly is withdrawing 2015 (80 FR 9622) on pages 9625 and
EPA considers this a relevant, adverse
9626 are withdrawn effective April 21,
tkelley on DSK3SPTVN1PROD with RULES
the direct final rule, and in a separate comment and accordingly is
subsequent final rulemaking will withdrawing the direct final rule. In a 2015.
address the comment received. separate subsequent final rulemaking [FR Doc. 2015–09201 Filed 4–20–15; 8:45 am]
DATES: Effective April 21, 2015, the EPA will address the comment received. BILLING CODE 6560–50–P
direct final rule published at 80 FR 9622 The withdrawal is being taken pursuant
on February 24, 2015, is withdrawn. to section 112 of the CAA.
VerDate Sep<11>2014 17:46 Apr 20, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\21APR1.SGM 21APR1](https://thefederalregister.org/doc/80_FR_22188/page/4.svg)
Document Created: 2015-12-16 08:33:07
Document Modified: 2015-12-16 08:33:07
| 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 21, 2015. | |
| Contact | Rose Quinto at (215) 814-2182, or by email at [email protected] | |
| FR Citation | 80 FR 22112 | |
| 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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