80_FR_32584 80 FR 32474 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2011 Lead Base Year Emissions Inventory

80 FR 32474 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2011 Lead Base Year Emissions Inventory

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 110 (June 9, 2015)

Page Range32474-32477
FR Document2015-13945

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Pennsylvania (Pennsylvania) State Implementation Plan (SIP). EPA is proposing to approve the 2011 base year emissions inventory SIP revision submittal for the 2008 lead National Ambient Air Quality Standards (NAAQS). The base year emissions inventory SIP revision was submitted by the Pennsylvania Department of Environmental Protection (PADEP) on February 9, 2015 to meet the requirements of the Clean Air Act (CAA) for the Lyons 2008 lead NAAQS nonattainment area (hereafter referred to as the ``Lyons Area'' or ``Area''). EPA is approving this revision to the Pennsylvania SIP in accordance with the requirements of the CAA.

Federal Register, Volume 80 Issue 110 (Tuesday, June 9, 2015) 
[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Rules and Regulations]
[Pages 32474-32477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13945]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 62, and 81

[EPA-R03-OAR-2015-0311]; FRL-9928-68-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; 2011 Lead Base Year Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Commonwealth of Pennsylvania 
(Pennsylvania) State Implementation Plan (SIP). EPA is proposing to 
approve the 2011 base year emissions inventory SIP revision submittal 
for the 2008 lead National Ambient Air Quality Standards (NAAQS). The 
base year emissions inventory SIP revision was submitted by the 
Pennsylvania Department of Environmental Protection (PADEP) on February 
9, 2015 to meet the requirements of the Clean Air Act (CAA) for the 
Lyons 2008 lead NAAQS nonattainment area (hereafter referred to as the 
``Lyons Area'' or ``Area''). EPA is approving this revision to the 
Pennsylvania SIP in accordance with the requirements of the CAA.

DATES: This rule is effective on August 10, 2015 without further 
notice, unless EPA receives adverse written comment by July 9, 2015. If 
EPA receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0311 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2015-0311, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such

[[Page 32475]]

deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0311. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI, or otherwise protected, through www.regulations.gov or email. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in www.regulations.gov or 
in hard copy 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 SIP 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: Ellen Schmitt, (215) 814-5787, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 12, 2008 (73 FR 66964), EPA revised the lead NAAQS, 
lowering the level from 1.5 micrograms per cubic meter ([mu]g/m\3\) to 
0.15 [mu]g/m\3\ calculated over a three-month rolling average. EPA 
established the NAAQS based on significant evidence and numerous health 
studies demonstrating that serious health effects are associated with 
exposures to lead emissions.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. On November 22, 2010 (75 FR 71033), EPA 
promulgated initial air quality designations for the 2008 lead NAAQS, 
which became effective on December 31, 2010, based on air quality 
monitoring data for calendar years 2007-2009, where there was 
sufficient data to support a nonattainment designation. Designations 
for all remaining areas were completed on November 22, 2011, based on 
air quality monitoring data for calendar years 2008-2010. Effective 
December 31, 2010, the Lyons Area was designated as nonattainment for 
the 2008 lead NAAQS. This designation triggered a requirement for 
Pennsylvania to submit a SIP revision with a plan for how the Lyons 
Area would attain the 2008 lead NAAQS as expeditiously as practicable, 
but no later than December 31, 2015.
    Designation of an area as nonattainment starts the process for a 
state to develop and submit to EPA a SIP revision under title I, part D 
of the CAA. This SIP revision must include, among other elements, a 
demonstration of how the NAAQS will be attained in the nonattainment 
area as expeditiously as practicable, but no later than the date 
required by the CAA, together with a base year emissions inventory, 
reasonably available control measures (RACM), a reasonable further 
progress (RFP) plan, and contingency measures for failure to meet RFP 
and attainment deadlines. Under CAA section 172(b), a state has up to 
three years after an area's designation as nonattainment to submit its 
SIP revision to EPA.
    On December 29, 2014 (79 FR 77911), EPA took final action to 
determine that the Lyons Area (comprised of Kutztown Borough, Lyon 
Borough, Maxatawny Township, and Richmond Township) has ambient air 
quality monitoring data that shows the Area meets the 2008 lead NAAQS. 
This clean data determination was based upon quality assured, quality 
controlled and certified ambient air monitoring data that shows the 
Area has monitored attainment of the 2008 lead NAAQS based on the 
calendar years 2009-2011 data. Pursuant to EPA's Clean Data Policy, 
once EPA finalizes a clean data determination, the requirements for the 
Area to submit an attainment demonstration, RACM, a RFP plan, and 
contingency measures for failure to meet RFP and attainment deadlines 
are suspended for so long as the Area continues to attain the 2008 lead 
NAAQS.
    Since 1995, EPA has applied its interpretation under the Clean Data 
Policy in many rulemakings, suspending certain attainment-related 
planning requirements for individual areas, based on a determination of 
attainment. However, EPA notes that a final determination of attainment 
does not suspend requirements not related to attaining the NAAQS, such 
as the emissions inventory requirement found in CAA section 172(c)(3), 
which requires submission and approval of an inventory of actual 
emissions of lead from all sources in the nonattainment area (i.e., 
base year emissions inventory).
    On February 9, 2015, Pennsylvania submitted a formal revision to 
its SIP that consists of the lead base year emissions inventory for the 
Lyons Area for the 2008 lead NAAQS.

II. Emissions Inventory Requirements

    States are required under section 172(c)(3) of the CAA to develop 
comprehensive, accurate and current emissions inventories of all 
sources of the relevant pollutant or pollutants in the nonattainment 
area. These inventories provide a detailed accounting of all emissions 
and emission sources by precursor or pollutant. In the November 12, 
2008 lead NAAQS rulemaking, EPA finalized the guidance related to the 
emissions inventories requirements. The current regulations are located 
at 40 CFR 51.117(e), and include, but are not limited to, the following 
requirements:
     States must develop and periodically update a 
comprehensive, accurate, current inventory of actual emissions from all 
sources affecting ambient lead concentrations;
     The SIP inventory must be approved by EPA as a SIP element 
and is subject to public hearing requirements; and
     The point source inventory upon which the summary of the 
baseline for lead emissions inventory is based must

[[Page 32476]]

contain all sources that emit 0.5 or more tons of lead per year.
    For the base-year inventory of actual lead emissions, EPA 
recommends using either 2010 or 2011 as the base year for the 
contingency measure calculations, but does provide flexibility for 
using other inventory years if states can show another year is more 
appropriate.\1\ For lead SIPs, the CAA requires that all sources of 
lead emissions in the nonattainment area must be submitted with the 
base-year inventory. In today's action, EPA is approving the base year 
emissions inventory SIP revision submitted by Pennsylvania on February 
9, 2015, (hereinafter also referred to as ``Pennsylvania's 
submission'') as required by section 172(c)(3).
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    \1\ See EPA document titled ``Addendum to the 2008 Lead NAAQS 
Implementation Questions and Answers'' dated August 10, 2012, which 
is included in EPA's SIP Toolkit located at http://www.epa.gov/air/lead/kitmodel.html.
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III. EPA Analysis of the Lyons 2011 Lead Base Year Emissions Inventory

    EPA guidance for emissions inventory development provides that 
actual emissions should be used for purposes of the base year 
inventory.\2\ On February 9, 2015, Pennsylvania submitted to EPA the 
2011 base year emissions inventory for the lead point sources located 
within the Lyons Area. The Lyons Area has the following point sources 
of lead emissions: East Penn Manufacturing Company's Richmond Township 
Facility; East Penn Manufacturing Company's Kutztown Facility; and 
McConway & Torley Kutztown Foundry. PADEP requires larger emitting 
facilities to report production figures and emission calculations 
annually. Throughput data are multiplied by emission factors based on 
source classification codes (SCC) to develop emission estimates.
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    \2\ Id.
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    PADEP submitted EPA's 2011 National Emissions Inventory (NEI) v2 
data for nonpoint source lead emissions. The nonpoint source values for 
the Lyons Area were calculated using Berks County data apportioned by 
population, of which 4.1 percent (%) is included in the Lyons Area. EPA 
reviewed the results, procedures, and methodologies for Pennsylvania's 
submission and found them to be reasonable for calculating the lead 
base year inventory for CAA section 172(c)(3) and in accordance with 40 
CFR 51.117(e). A more detailed description of the SIP submittal and 
EPA's evaluation is included in a Technical Support Document (TSD) 
prepared in support of this rulemaking action. A copy of the TSD is 
available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this document or is also available electronically 
within the Docket for this rulemaking action.

IV. Final Action

    EPA is approving Pennsylvania's submission consisting of the base 
year emissions inventory for the Lyons Area for the 2008 lead NAAQS. 
EPA is publishing this rule without prior proposal because EPA views 
this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on August 10, 2015 without further notice 
unless EPA receives adverse comment by July 9, 2015. If EPA receives 
adverse comment, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. EPA 
will address all public comments in a subsequent final rule based on 
the proposed rule. EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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 August 10, 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

[[Page 32477]]

extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
Parties with objections to this direct final rule are encouraged to 
file a comment in response to the parallel notice of proposed 
rulemaking for this action published in the proposed rules section of 
today's Federal Register, rather than file an immediate petition for 
judicial review of this direct final rule, so that EPA can withdraw 
this direct final rule and address the comment in the proposed 
rulemaking action. This action to approve Pennsylvania's base year 
emissions inventory for the Lyons Area may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, and Lead.

    Dated: May 20, 2015.
William C. Early,
Acting, Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

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


Sec.  52.2036  Base year emissions inventory.

* * * * *
    (v) EPA approves as a revision to the Pennsylvania State 
Implementation Plan the 2011 base year lead emission inventory for the 
Lyons, Pennsylvania nonattainment area for the 2008 lead NAAQS. This 
SIP revision was submitted by the Acting Secretary of the Pennsylvania 
Department of Environmental Protection, on February 9, 2015. This 
submittal consists of the 2011 base year inventories for all relevant 
sources in the Lyons, Pennsylvania nonattainment area for the pollutant 
lead (Pb).

[FR Doc. 2015-13945 Filed 6-8-15; 8:45 am]
 BILLING CODE 6560-50-P

32474 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations challenged later in proceedings to Dated: May 20, 2015. Subpart V—Maryland enforce its requirements. (See section William C. Early, 307(b)(2).) Acting Regional Administrator, Region III. ■ 2. In § 52.1070, the table in paragraph (c) is amended by revising the entries List of Subjects in 40 CFR Part 52 40 CFR part 52 is amended as follows: for COMAR 26.11.09.01, 26.11.09.04, 26.11.09.06, 26.11.09.07, and Environmental protection, Air PART 52—APPROVAL AND 26.11.09.09, and adding entries for pollution control, Incorporation by PROMULGATION OF COMAR 26.11.09.10 and 26.11.09.12 in reference, Intergovernmental relations, IMPLEMENTATION PLANS numerical order to read as follows: Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping ■ 1. The authority citation for part 52 § 52.1070 Identification of plan. requirements. continues to read as follows: * * * * * Authority: 42 U.S.C. 7401 et seq. (c) * * * EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP Code of Mary- land Administra- State Additional explanation/ tive Regulations Title/Subject effective EPA approval date citation at 40 CFR 52.1100 (COMAR) date citation * * * * * * * 26.11.09.01 ....... Definitions ....................................... 04/28/14 6/9/15 [Insert Federal Register Definition of ‘‘biomass’’ is added. citation]. * * * * * * * 26.11.09.04 ....... Prohibition of Certain New Fuel 04/28/14 6/9/15 [Insert Federal Register Revised (C)(1). Burning Equipment. citation]. * * * * * * * 26.11.09.06 ....... Control of Particulate Matter .......... 04/28/14 6/9/15 [Insert Federal Register Revised (D)(1) and (D)(2). citation]. 26.11.09.07 ....... Control of Sulfur Oxides from Fuel 04/28/14 6/9/15 [Insert Federal Register Revised (B)(5). Burning Equipment. citation]. * * * * * * * 26.11.09.09 ....... Tables and Diagrams ..................... 4/28/14 6/9/15 [Insert Federal Register Amended incorrect reference. citation]. 26.11.09.10 ....... Requirements to Burn Used Oil 04/28/14 6/9/15 [Insert Federal Register New regulation. and Waste Combustible Fluid as citation]. Fuel. 26.11.09.12 ....... Standards for Biomass Fuel-Burn- 04/28/14 6/9/15 [Insert Federal Register New regulation. ing Equipment Equal to or Great- citation]. er Than 350,000 Btu/hr. * * * * * * * * * * * * action to approve a revision to the by July 9, 2015. If EPA receives such [FR Doc. 2015–13425 Filed 6–8–15; 8:45 am] Commonwealth of Pennsylvania comments, it will publish a timely BILLING CODE 6560–50–P (Pennsylvania) State Implementation withdrawal of the direct final rule in the Plan (SIP). EPA is proposing to approve Federal Register and inform the public the 2011 base year emissions inventory that the rule will not take effect. ENVIRONMENTAL PROTECTION SIP revision submittal for the 2008 lead ADDRESSES: Submit your comments, AGENCY National Ambient Air Quality Standards identified by Docket ID Number EPA– (NAAQS). The base year emissions R03–OAR–2015–0311 by one of the 40 CFR Parts 52, 62, and 81 inventory SIP revision was submitted by following methods: [EPA–R03–OAR–2015–0311]; FRL–9928– the Pennsylvania Department of A. www.regulations.gov. Follow the 68–Region 3] Environmental Protection (PADEP) on on-line instructions for submitting February 9, 2015 to meet the comments. Approval and Promulgation of Air requirements of the Clean Air Act (CAA) B. Email: fernandez.cristina@epa.gov. Quality Implementation Plans; for the Lyons 2008 lead NAAQS C. Mail: EPA–R03–OAR–2015–0311, Pennsylvania; 2011 Lead Base Year nonattainment area (hereafter referred to Cristina Fernandez, Associate Director, Emissions Inventory as the ‘‘Lyons Area’’ or ‘‘Area’’). EPA is Office of Air Program Planning, tkelley on DSK3SPTVN1PROD with RULES AGENCY: Environmental Protection approving this revision to the Mailcode 3AP30, U.S. Environmental Agency (EPA). Pennsylvania SIP in accordance with Protection Agency, Region III, 1650 the requirements of the CAA. Arch Street, Philadelphia, Pennsylvania ACTION: Direct final rule. DATES: This rule is effective on August 19103. SUMMARY: The Environmental Protection 10, 2015 without further notice, unless D. Hand Delivery: At the previously- Agency (EPA) is taking direct final EPA receives adverse written comment listed EPA Region III address. Such VerDate Sep<11>2014 15:56 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1

Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations 32475 deliveries are only accepted during the FOR FURTHER INFORMATION CONTACT: NAAQS. This clean data determination Docket’s normal hours of operation, and Ellen Schmitt, (215) 814–5787, or by was based upon quality assured, quality special arrangements should be made email at schmitt.ellen@epa.gov. controlled and certified ambient air for deliveries of boxed information. SUPPLEMENTARY INFORMATION: monitoring data that shows the Area has Instructions: Direct your comments to monitored attainment of the 2008 lead I. Background NAAQS based on the calendar years Docket ID No. EPA–R03–OAR–2015– 0311. EPA’s policy is that all comments On November 12, 2008 (73 FR 66964), 2009–2011 data. Pursuant to EPA’s received will be included in the public EPA revised the lead NAAQS, lowering Clean Data Policy, once EPA finalizes a docket without change, and may be the level from 1.5 micrograms per cubic clean data determination, the made available online at meter (mg/m3) to 0.15 mg/m3 calculated requirements for the Area to submit an www.regulations.gov, including any over a three-month rolling average. EPA attainment demonstration, RACM, a personal information provided, unless established the NAAQS based on RFP plan, and contingency measures for the comment includes information significant evidence and numerous failure to meet RFP and attainment claimed to be Confidential Business health studies demonstrating that deadlines are suspended for so long as Information (CBI) or other information serious health effects are associated the Area continues to attain the 2008 whose disclosure is restricted by statute. with exposures to lead emissions. lead NAAQS. Do not submit information that you Following promulgation of a new or Since 1995, EPA has applied its consider to be CBI, or otherwise revised NAAQS, EPA is required by the interpretation under the Clean Data protected, through www.regulations.gov CAA to designate areas throughout the Policy in many rulemakings, or email. The www.regulations.gov Web United States as attaining or not suspending certain attainment-related site is an ‘‘anonymous access’’ system, attaining the NAAQS; this designation planning requirements for individual which means EPA will not know your process is described in section 107(d)(1) areas, based on a determination of identity or contact information unless of the CAA. On November 22, 2010 (75 attainment. However, EPA notes that a you provide it in the body of your FR 71033), EPA promulgated initial air final determination of attainment does comment. If you send an email quality designations for the 2008 lead not suspend requirements not related to NAAQS, which became effective on attaining the NAAQS, such as the comment directly to EPA without going December 31, 2010, based on air quality emissions inventory requirement found through www.regulations.gov, your monitoring data for calendar years in CAA section 172(c)(3), which email address will be automatically 2007–2009, where there was sufficient requires submission and approval of an captured and included as part of the data to support a nonattainment inventory of actual emissions of lead comment that is placed in the public designation. Designations for all docket and made available on the from all sources in the nonattainment remaining areas were completed on Internet. If you submit an electronic area (i.e., base year emissions November 22, 2011, based on air quality comment, EPA recommends that you inventory). monitoring data for calendar years include your name and other contact On February 9, 2015, Pennsylvania 2008–2010. Effective December 31, information in the body of your 2010, the Lyons Area was designated as submitted a formal revision to its SIP comment and with any disk or CD–ROM nonattainment for the 2008 lead that consists of the lead base year you submit. If EPA cannot read your NAAQS. This designation triggered a emissions inventory for the Lyons Area comment due to technical difficulties requirement for Pennsylvania to submit for the 2008 lead NAAQS. and cannot contact you for clarification, a SIP revision with a plan for how the II. Emissions Inventory Requirements EPA may not be able to consider your Lyons Area would attain the 2008 lead comment. Electronic files should avoid NAAQS as expeditiously as practicable, States are required under section the use of special characters, any form but no later than December 31, 2015. 172(c)(3) of the CAA to develop of encryption, and be free of any defects Designation of an area as comprehensive, accurate and current or viruses. nonattainment starts the process for a emissions inventories of all sources of Docket: All documents in the state to develop and submit to EPA a the relevant pollutant or pollutants in electronic docket are listed in the SIP revision under title I, part D of the the nonattainment area. These www.regulations.gov index. Although CAA. This SIP revision must include, inventories provide a detailed listed in the index, some information is among other elements, a demonstration accounting of all emissions and not publicly available, i.e., CBI or other of how the NAAQS will be attained in emission sources by precursor or information whose disclosure is the nonattainment area as expeditiously pollutant. In the November 12, 2008 restricted by statute. Certain other as practicable, but no later than the date lead NAAQS rulemaking, EPA finalized material, such as copyrighted material, required by the CAA, together with a the guidance related to the emissions is not placed on the Internet and will be base year emissions inventory, inventories requirements. The current publicly available only in hard copy reasonably available control measures regulations are located at 40 CFR form. Publicly available docket (RACM), a reasonable further progress 51.117(e), and include, but are not materials are available either (RFP) plan, and contingency measures limited to, the following requirements: electronically in www.regulations.gov or for failure to meet RFP and attainment • States must develop and in hard copy during normal business deadlines. Under CAA section 172(b), a periodically update a comprehensive, hours at the Air Protection Division, state has up to three years after an area’s accurate, current inventory of actual U.S. Environmental Protection Agency, designation as nonattainment to submit emissions from all sources affecting Region III, 1650 Arch Street, its SIP revision to EPA. ambient lead concentrations; Philadelphia, Pennsylvania 19103. On December 29, 2014 (79 FR 77911), • The SIP inventory must be tkelley on DSK3SPTVN1PROD with RULES Copies of the SIP submittal are available EPA took final action to determine that approved by EPA as a SIP element and at the Pennsylvania Department of the Lyons Area (comprised of Kutztown is subject to public hearing Environmental Protection, Bureau of Air Borough, Lyon Borough, Maxatawny requirements; and Quality Control, P.O. Box 8468, 400 Township, and Richmond Township) • The point source inventory upon Market Street, Harrisburg, Pennsylvania has ambient air quality monitoring data which the summary of the baseline for 17105. that shows the Area meets the 2008 lead lead emissions inventory is based must VerDate Sep<11>2014 15:56 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1

32476 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations contain all sources that emit 0.5 or more EPA Regional Office listed in the in the Unfunded Mandates Reform Act tons of lead per year. ADDRESSES section of this document or of 1995 (Pub. L. 104–4); For the base-year inventory of actual is also available electronically within • does not have Federalism lead emissions, EPA recommends using the Docket for this rulemaking action. implications as specified in Executive either 2010 or 2011 as the base year for Order 13132 (64 FR 43255, August 10, the contingency measure calculations, IV. Final Action 1999); but does provide flexibility for using EPA is approving Pennsylvania’s • is not an economically significant other inventory years if states can show submission consisting of the base year regulatory action based on health or another year is more appropriate.1 For emissions inventory for the Lyons Area safety risks subject to Executive Order lead SIPs, the CAA requires that all for the 2008 lead NAAQS. EPA is 13045 (62 FR 19885, April 23, 1997); sources of lead emissions in the publishing this rule without prior • is not a significant regulatory action nonattainment area must be submitted proposal because EPA views this as a subject to Executive Order 13211 (66 FR with the base-year inventory. In today’s noncontroversial amendment and 28355, May 22, 2001); action, EPA is approving the base year anticipates no adverse comment. • is not subject to requirements of emissions inventory SIP revision However, in the ‘‘Proposed Rules’’ Section 12(d) of the National submitted by Pennsylvania on February section of today’s Federal Register, EPA Technology Transfer and Advancement 9, 2015, (hereinafter also referred to as is publishing a separate document that Act of 1995 (15 U.S.C. 272 note) because ‘‘Pennsylvania’s submission’’) as will serve as the proposal to approve the application of those requirements would required by section 172(c)(3). SIP revision if adverse comments are be inconsistent with the CAA; and filed. This rule will be effective on • does not provide EPA with the III. EPA Analysis of the Lyons 2011 discretionary authority to address, as Lead Base Year Emissions Inventory August 10, 2015 without further notice unless EPA receives adverse comment appropriate, disproportionate human EPA guidance for emissions inventory by July 9, 2015. If EPA receives adverse health or environmental effects, using development provides that actual comment, EPA will publish a timely practicable and legally permissible emissions should be used for purposes withdrawal in the Federal Register methods, under Executive Order 12898 of the base year inventory.2 On February informing the public that the rule will (59 FR 7629, February 16, 1994). 9, 2015, Pennsylvania submitted to EPA not take effect. EPA will address all In addition, this rule does not have the 2011 base year emissions inventory public comments in a subsequent final tribal implications as specified by for the lead point sources located within rule based on the proposed rule. EPA Executive Order 13175 (65 FR 67249, the Lyons Area. The Lyons Area has the will not institute a second comment November 9, 2000), because the SIP is following point sources of lead period on this action. Any parties not approved to apply in Indian country emissions: East Penn Manufacturing interested in commenting must do so at located in the state, and EPA notes that Company’s Richmond Township this time. it will not impose substantial direct Facility; East Penn Manufacturing costs on tribal governments or preempt Company’s Kutztown Facility; and V. Statutory and Executive Order tribal law. McConway & Torley Kutztown Foundry. Reviews PADEP requires larger emitting facilities B. Submission to Congress and the A. General Requirements Comptroller General to report production figures and emission calculations annually. Under the CAA, the Administrator is The Congressional Review Act, 5 Throughput data are multiplied by required to approve a SIP submission U.S.C. 801 et seq., as added by the Small emission factors based on source that complies with the provisions of the Business Regulatory Enforcement classification codes (SCC) to develop CAA and applicable Federal regulations. Fairness Act of 1996, generally provides emission estimates. 42 U.S.C. 7410(k); 40 CFR 52.02(a). that before a rule may take effect, the PADEP submitted EPA’s 2011 Thus, in reviewing SIP submissions, agency promulgating the rule must National Emissions Inventory (NEI) v2 EPA’s role is to approve state choices, submit a rule report, which includes a data for nonpoint source lead emissions. provided that they meet the criteria of copy of the rule, to each House of the The nonpoint source values for the the CAA. Accordingly, this action Congress and to the Comptroller General Lyons Area were calculated using Berks merely approves state law as meeting of the United States. EPA will submit a County data apportioned by population, Federal requirements and does not report containing this action and other of which 4.1 percent (%) is included in impose additional requirements beyond required information to the U.S. Senate, the Lyons Area. EPA reviewed the those imposed by state law. For that the U.S. House of Representatives, and results, procedures, and methodologies reason, this action: the Comptroller General of the United for Pennsylvania’s submission and • Is not a ‘‘significant regulatory States prior to publication of the rule in found them to be reasonable for action’’ subject to review by the Office the Federal Register. A major rule calculating the lead base year inventory of Management and Budget under cannot take effect until 60 days after it for CAA section 172(c)(3) and in Executive Order 12866 (58 FR 51735, is published in the Federal Register. accordance with 40 CFR 51.117(e). A October 4, 1993); This action is not a ‘‘major rule’’ as more detailed description of the SIP • does not impose an information defined by 5 U.S.C. 804(2). submittal and EPA’s evaluation is collection burden under the provisions included in a Technical Support of the Paperwork Reduction Act (44 C. Petitions for Judicial Review Document (TSD) prepared in support of U.S.C. 3501 et seq.); Under section 307(b)(1) of the CAA, this rulemaking action. A copy of the • is certified as not having a petitions for judicial review of this TSD is available, upon request, from the significant economic impact on a action must be filed in the United States tkelley on DSK3SPTVN1PROD with RULES substantial number of small entities Court of Appeals for the appropriate 1 See EPA document titled ‘‘Addendum to the under the Regulatory Flexibility Act circuit by August 10, 2015. Filing a 2008 Lead NAAQS Implementation Questions and (5 U.S.C. 601 et seq.); petition for reconsideration by the Answers’’ dated August 10, 2012, which is included in EPA’s SIP Toolkit located at http://www.epa.gov/ • does not contain any unfunded Administrator of this final rule does not air/lead/kitmodel.html. mandate or significantly or uniquely affect the finality of this action for the 2 Id. affect small governments, as described purposes of judicial review nor does it VerDate Sep<11>2014 15:56 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1

Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations 32477 extend the time within which a petition DEPARTMENT OF HEALTH AND and explain how the test tool and/or test for judicial review may be filed, and HUMAN SERVICES procedure would evaluate a Complete shall not postpone the effectiveness of EHR’s, EHR Module’s, or if the such rule or action. Parties with 45 CFR Part 170 applicable, and other type of HIT’s objections to this direct final rule are compliance with the applicable Acceptance and Approval of Non- certification criterion or criteria. The encouraged to file a comment in Governmental Developed Test response to the parallel notice of submission should also provide Procedures, Test Tools, and Test Data information describing the process used proposed rulemaking for this action for Use Under the ONC Health IT published in the proposed rules section to develop the test tool and/or test Certification Program procedure, including any opportunity of today’s Federal Register, rather than AGENCY: Office of the National for the public to comment on the test file an immediate petition for judicial Coordinator for Health Information tool and/or test procedure and the review of this direct final rule, so that degree to which public comments were EPA can withdraw this direct final rule Technology (ONC), Department of Health and Human Services. considered.’’ (76 FR 1280) We also and address the comment in the stated that ‘‘[i]n determining whether to proposed rulemaking action. This action ACTION: Reissuance. approve a test tool and/or test procedure to approve Pennsylvania’s base year SUMMARY: This document further for purposes of the permanent emissions inventory for the Lyons Area informs the public of ONC’s policy that certification program, the National may not be challenged later in permits any person or entity to submit Coordinator will consider whether it is proceedings to enforce its requirements. test procedures, test tools, and test data clearly traceable to a certification (See section 307(b)(2).) for approval and use under the ONC criterion or criteria adopted by the Health IT Certification Program. Secretary; whether it is sufficiently List of Subjects in 40 CFR Part 52 DATES: Reissued June 9, 2015. comprehensive (i.e., assesses all Environmental protection, Air FOR FURTHER INFORMATION CONTACT: required capabilities) for NVLAP- pollution control, Incorporation by Alicia Morton, Director, ONC Health IT accredited testing laboratories to use in reference, Intergovernmental relations, Certification Program, Office of the testing a Complete EHR’s, EHR and Lead. National Coordinator for Health Module’s, or other type of HIT’s Information Technology, 202–549–7851. compliance with the certification Dated: May 20, 2015. criterion or criteria adopted by the SUPPLEMENTARY INFORMATION: On William C. Early, Secretary; whether an appropriate January 7, 2011, the Department of Acting, Regional Administrator, Region III. Health and Human Services issued a public comment process was used final rule establishing a permanent during the development of the test tool 40 CFR part 52 is amended as follows: and/or test procedure; and any other certification program for the purposes of testing and certifying health information relevant factors.’’ (76 FR 1280) PART 52—APPROVAL AND During the time in which the ONC PROMULGATION OF technology (‘‘Establishment of the Health IT Certification Program has IMPLEMENTATION PLANS Permanent Certification Program for operated, health IT developers have Health Information Technology,’’ 76 FR suggested that testing efficiencies could 1262) (‘‘Permanent Certification ■ 1. The authority citation for part 52 be achieved if the ONC Health IT Program final rule’’). The permanent continues to read as follows: Certification Program were to leverage certification program was renamed the operational testing and certification, Authority: 42 U.S.C. 7401 et seq. ‘‘ONC HIT Certification Program’’ in a such as the ePrescribing (eRX) network final rule published on September 4, Subpart NN—Pennsylvania testing (and certification). As indicated 2012 (77 FR 54163) (‘‘2014 Edition EHR by the previously recited ONC policy, Certification Criteria final rule’’). In the the National Coordinator is open to ■ 2. Section 52.2036 is amended by proposed rule entitled ‘‘2015 Edition approving test procedures, test tools, adding paragraph (v) to read as follows: Health Information Technology (Health and test data that meet the outlined IT) Certification Criteria, 2015 Edition § 52.2036 Base year emissions inventory. approval requirements above for an Base Electronic Health Record (EHR) applicable adopted certification * * * * * Definition, and ONC Health IT criterion or criteria. By way of this (v) EPA approves as a revision to the Certification Program Modifications’’ document, we strongly encourage Pennsylvania State Implementation Plan (80 FR 16804, 16806), we propose to persons or entities to submit such test the 2011 base year lead emission further rename the program as the ‘‘ONC procedures, test tools, and test data to inventory for the Lyons, Pennsylvania Health IT Certification Program.’’ In the preamble of the Permanent ONC if they believe such procedures, nonattainment area for the 2008 lead tools, and data could be used to meet Certification Program final rule, we NAAQS. This SIP revision was stated that a person or entity may ONC’s certification criteria and testing submitted by the Acting Secretary of the submit a test procedure or test tool (to approval requirements. We also note Pennsylvania Department of note, which includes any associated test that there is no programmatic Environmental Protection, on February data) to the National Coordinator for prohibition on the approval of multiple 9, 2015. This submittal consists of the Health Information Technology (the test procedures, test tools, and test data 2011 base year inventories for all National Coordinator) to be considered for a certification criterion or criteria. relevant sources in the Lyons, for approval and use by NVLAP Dated: May 21, 2015. tkelley on DSK3SPTVN1PROD with RULES Pennsylvania nonattainment area for the accredited testing laboratories. ‘‘The Alicia Morton, pollutant lead (Pb). submission should identify the Director, ONC Health IT Certification [FR Doc. 2015–13945 Filed 6–8–15; 8:45 am] developer of the test tool and/or test Program, Office of the National Coordinator procedure; specify the certification for Health Information Technology. BILLING CODE 6560–50–P criterion or criteria that is/are addressed [FR Doc. 2015–13510 Filed 6–8–15; 8:45 am] by the test tool and/or test procedure; BILLING CODE 4150–45–P VerDate Sep<11>2014 15:56 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4700 Sfmt 9990 E:\FR\FM\09JNR1.SGM 09JNR1


Document Created: 2015-12-15 15:26:08
Document Modified: 2015-12-15 15:26:08
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
ActionDirect final rule.
DatesThis rule is effective on August 10, 2015 without further notice, unless EPA receives adverse written comment by July 9, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
ContactEllen Schmitt, (215) 814-5787, or by email at [email protected]
FR Citation80 FR 32474 
CFR Citation40 CFR 52
40 CFR 62
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Lead
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