80 FR 34063 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Update of the Motor Vehicle Emissions Budgets and General Conformity Budgets for the Scranton/Wilkes-Barre 1997 8-Hour Ozone National Ambient Air Quality Standard Maintenance Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 114 (June 15, 2015)
Federal Register Volume 80, Issue 114 (June 15, 2015)
| Page Range | 34063-34065 | |
| FR Document | 2015-14440 |
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)] [Rules and Regulations] [Pages 34063-34065] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14440] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0652; FRL-9929-07-Region-3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Update of the Motor Vehicle Emissions Budgets and General Conformity Budgets for the Scranton/Wilkes-Barre 1997 8-Hour Ozone National Ambient Air Quality Standard Maintenance Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the Commonwealth of Pennsylvania (Pennsylvania). These revisions consist of an update to the motor vehicle emissions budgets (MVEBs) for nitrogen oxides (NOX ) for the 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) maintenance SIP for the Scranton/Wilkes-Barre 1997 8- Hour Ozone NAAQS Maintenance Area (Scranton/Wilkes-Barre Maintenance Area or Area). These SIP revisions also include general conformity budgets for the construction of the Bell Bend Nuclear Power Plant. In addition, these SIP revisions include updated point and area source inventories for NOX . EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on July 15, 2015. [[Page 34064]] ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2014-0652. 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: Asrah Khadr, (215) 814-2071, or by email at khadr.asrah@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On March 10, 2015 (80 FR 12604), EPA published a notice of proposed rulemaking (NPR) for revisions to the Pennsylvania SIP. In the NPR, EPA proposed approval of an update to the MVEBs, updates to the point and area source inventories, and general conformity budgets for the construction of the Bell Bend Nuclear Power Plant. The formal SIP revision was submitted by Pennsylvania on May 28, 2014. II. Summary of SIP Revision Pennsylvania's SIP revisions revised the MVEBs for the Scranton/ Wilkes-Barre Maintenance Area to reflect the use of the MOVES model; made updates to the point and area source inventories; and established general conformity budgets for the construction of the Bell Bend Nuclear Power Plant. A detailed discussion of the SIP revisions can be found in the SIP submittal, NPR, and technical support document (TSD) in this docket. The rationale for EPA's action is explained in the NPR and will not be restated here. No public comments were received on the NPR. III. Final Action EPA is approving an update to the MVEBs for the Scranton/Wilkes- Barre Maintenance Area, updates to the point and area source inventories for NOX , and general conformity budgets for the construction of the Bell Bend Nuclear Power Plant as revisions to the Pennsylvania SIP. IV. 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 14, 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 which approves an update to the MVEBs for the Scranton/ Wilkes-Barre Maintenance Area, updates to the point and area source inventories, and general conformity budgets for the construction of the Bell Bend Nuclear Power Plant 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 1, 2015. William C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: [[Page 34065]] 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 revising the entry ``8-Hour Ozone Maintenance Plan and 2002 Base Year Emissions Inventory'' for ``Scranton/Wilkes-Barre Area: Lackawanna, Luzerne, Monroe and Wyoming Counties'' to read as follows: Sec. 52.2020 Identification of plan. * * * * * (e) * * * (1) * * * ---------------------------------------------------------------------------------------------------------------- State Name of non-regulatory SIP Applicable submittal EPA Approval date Additional explanation revision geographic area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 8-Hour Ozone Maintenance Plan Scranton/Wilkes- 6/12/07 11/14/07 and 2002 Base Year Emissions Barre Area: 72 FR 64948........ Inventory. Lackawanna, Luzerne, Monroe and Wyoming Counties. 5/28/14 6/15/15 [Insert Revised 2009 and 2018 Federal Register Motor Vehicle Emission citation]. Budgets. Revised 2009 and 2018 point source inventories. Revised 2018 area source inventory. General conformity budgets for the construction of the Bell Bend Nuclear Power Plant. See sections 52.2043 and 52.2052. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * 3. Section 52.2043 is amended by adding paragraphs (d), (e), and (f) to read as follows: Sec. 52.2043 Control strategy for maintenance plans: ozone. * * * * * (d) As of June 15, 2015, EPA approves the following revised 2009 and 2018 point source inventory for nitrogen oxides (NO X ) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection: ------------------------------------------------------------------------ Tons per Applicable geographic area Year day NOX ------------------------------------------------------------------------ Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2009 7.7 Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2018 5.8 ------------------------------------------------------------------------ (e) As of June 15, 2015, EPA approves the following revised 2018 area source inventory for nitrogen oxides (NOX ) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection: ------------------------------------------------------------------------ Tons per Applicable geographic area Year day NOX ------------------------------------------------------------------------ Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2018 7.5 ------------------------------------------------------------------------ (f) As of June 15, 2015, EPA approves the following general conformity budgets for 2009 and 2018 for nitrogen oxides (NOX ) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection: ------------------------------------------------------------------------ Tons per Applicable geographic area Year day NOX ------------------------------------------------------------------------ Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2009 1.0 Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2018 1.0 ------------------------------------------------------------------------ 4. Section 52.2052 is amended by adding paragraph (d) to read as follows: Sec. 52.2052 Motor vehicle emissions budgets for Pennsylvania ozone areas. * * * * * (d) As of June 15, 2015, EPA approves the following revised 2009 and 2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides (NOX ) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection: ------------------------------------------------------------------------ Tons per Applicable geographic area Year day NOX ------------------------------------------------------------------------ Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2009 59.3 Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2018 30.5 ------------------------------------------------------------------------ [FR Doc. 2015-14440 Filed 6-12-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations 34063
or on the distribution of power and PART 165—REGULATED NAVIGATION Captain of the Port Baltimore means
responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS the Commander, U.S. Coast Guard
Government and Indian tribes. Sector Baltimore, Maryland.
■ 1. The authority citation for part 165 Designated representative means any
12. Energy Effects continues to read as follows: Coast Guard commissioned, warrant, or
This action is not a ‘‘significant Authority: 33 U.S.C. 1231; 50 U.S.C. 191; petty officer who has been authorized
energy action’’ under Executive Order 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; by the Captain of the Port Baltimore to
13211, Actions Concerning Regulations Department of Homeland Security Delegation assist in enforcing the safety zone
No. 0170.1. described in paragraph (a) of this
That Significantly Affect Energy Supply,
Distribution, or Use. ■ 2. Add § 165.T05–0315 to read as section.
follows: (d) Enforcement period. This section
13. Technical Standards will be enforced from 8:30 p.m. through
§ 165.T05–0315 Safety Zone for Fireworks 10:30 p.m. on July 2, 2015.
This rule does not use technical Display, Patapsco River, Inner Harbor;
standards. Therefore, we did not Baltimore, MD. Dated: May 29, 2015.
consider the use of voluntary consensus (a) Location. The following area is a Kevin C. Kiefer,
standards. safety zone: All waters of the Patapsco Captain, U.S. Coast Guard Captain of the
River, within a 100 yards radius of a Port Baltimore.
14. Environment fireworks discharge barge in [FR Doc. 2015–14633 Filed 6–12–15; 8:45 am]
We have analyzed this rule under approximate position latitude 39°16′56″ BILLING CODE 9110–04–P
Department of Homeland Security N., longitude 076°36′19″ W., located in
Management Directive 023–01 and the Inner Harbor at Baltimore,
Commandant Instruction M16475.lD, Maryland. All coordinates refer to ENVIRONMENTAL PROTECTION
which guide the Coast Guard in datum NAD 1983. AGENCY
(b) Regulations. The general safety
complying with the National
zone regulations found in 33 CFR 40 CFR Part 52
Environmental Policy Act of 1969
165.23 apply to the safety zone created
(NEPA) (42 U.S.C. 4321–4370f), and
by this temporary section, § 165.T05– [EPA–R03–OAR–2014–0652; FRL–9929–07–
have determined that this action is one Region–3]
0315.
of a category of actions that do not (1) All persons are required to comply
individually or cumulatively have a with the general regulations governing Approval and Promulgation of Air
significant effect on the human safety zones found in 33 CFR 165.23. Quality Implementation Plans;
environment. This rule involves (2) Entry into or remaining in this Pennsylvania; Update of the Motor
establishing a temporary safety zone for zone is prohibited unless authorized by Vehicle Emissions Budgets and
a fireworks display. The fireworks are the Coast Guard Captain of the Port General Conformity Budgets for the
launched from navigable waters of the Baltimore. All vessels underway within Scranton/Wilkes-Barre 1997 8-Hour
United States and may negatively this safety zone at the time it is Ozone National Ambient Air Quality
impact the safety or other interests of implemented are to depart the zone. Standard Maintenance Area
waterway users and near shore activities (3) Persons desiring to transit the area
in the event area. The activity includes AGENCY: Environmental Protection
of the safety zone must first obtain
fireworks launched from barges near the Agency (EPA).
authorization from the Captain of the
shoreline that generally rely on the use Port Baltimore or his designated ACTION: Final rule.
of navigable waters as a safety buffer to representative. To seek permission to
protect the public from fireworks SUMMARY: The Environmental Protection
transit the area, the Captain of the Port
fallouts and premature detonations. Agency (EPA) is approving State
Baltimore and his designated
This action is necessary to protect Implementation Plan (SIP) revisions
representatives can be contacted at
persons and property during the project. submitted by the Commonwealth of
telephone number 410–576–2693 or on
Pennsylvania (Pennsylvania). These
This rule is categorically excluded from Marine Band Radio VHF–FM channel
revisions consist of an update to the
further review under paragraph 34(g) of 16 (156.8 MHz). The Coast Guard
motor vehicle emissions budgets
Figure 2–1 of the Commandant vessels enforcing this section can be
(MVEBs) for nitrogen oxides (NOX) for
Instruction. An environmental analysis contacted on Marine Band Radio VHF–
the 1997 8-Hour Ozone National
checklist supporting this determination FM channel 16 (156.8 MHz). Upon
Ambient Air Quality Standard (NAAQS)
and a Categorical Exclusion being hailed by a U.S. Coast Guard
maintenance SIP for the Scranton/
Determination are available in the vessel, or other Federal, State, or local
Wilkes-Barre 1997 8-Hour Ozone
docket where indicated under agency vessel, by siren, radio, flashing
NAAQS Maintenance Area (Scranton/
ADDRESSES. We seek any comments or light, or other means, the operator of a
Wilkes-Barre Maintenance Area or
information that may lead to the vessel shall proceed as directed. If
Area). These SIP revisions also include
discovery of a significant environmental permission is granted, all persons and
general conformity budgets for the
impact from this rule. vessels must comply with the
construction of the Bell Bend Nuclear
instructions of the Captain of the Port
List of Subjects in 33 CFR Part 165 Power Plant. In addition, these SIP
Baltimore or his designated
revisions include updated point and
wreier-aviles on DSK5TPTVN1PROD with RULES
Harbors, Marine safety, Navigation representative and proceed as directed
area source inventories for NOX. EPA is
(water), Reporting and recordkeeping while within the zone.
approving these revisions to the
requirements, Security measures, (4) Enforcement. The U.S. Coast
Pennsylvania SIP in accordance with
Waterways. Guard may be assisted in the patrol and
the requirements of the Clean Air Act
enforcement of the zone by Federal,
For the reasons discussed in the (CAA).
State, and local agencies.
preamble, the Coast Guard amends 33 (c) Definitions. As used in this DATES: This final rule is effective on July
CFR part 165 as follows: section: 15, 2015.
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![Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations 34065
PART 52—APPROVAL AND Subpart NN—Pennsylvania Lackawanna, Luzerne, Monroe and
PROMULGATION OF Wyoming Counties’’ to read as follows:
IMPLEMENTATION PLANS ■ 2. In § 52.2020, the table in paragraph
§ 52.2020 Identification of plan.
(e)(1) is amended by revising the entry
■ 1. The authority citation for part 52 ‘‘8-Hour Ozone Maintenance Plan and * * * * *
continues to read as follows: 2002 Base Year Emissions Inventory’’ (e) * * *
Authority: 42 U.S.C. 7401 et seq. for ‘‘Scranton/Wilkes-Barre Area: (1) * * *
State
Name of non-regulatory Applicable geographic submittal EPA Approval date Additional explanation
SIP revision area date
* * * * * * *
8-Hour Ozone Mainte- Scranton/Wilkes-Barre 6/12/07 11/14/07
nance Plan and 2002 Area: Lackawanna, 72 FR 64948.
Base Year Emissions Luzerne, Monroe and
Inventory. Wyoming Counties.
5/28/14 6/15/15 [Insert Federal Revised 2009 and 2018 Motor Vehicle Emission
Register citation]. Budgets. Revised 2009 and 2018 point source
inventories. Revised 2018 area source inven-
tory. General conformity budgets for the con-
struction of the Bell Bend Nuclear Power
Plant. See sections 52.2043 and 52.2052.
* * * * * * *
* * * * * Tons Department of Environmental
3. Section 52.2043 is amended by Applicable geographic area Year per Protection:
day
adding paragraphs (d), (e), and (f) to NOX Tons
read as follows: per
Scranton/Wilkes-Barre 1997 Applicable geographic area Year day
§ 52.2043 Control strategy for 8-Hour Ozone Mainte- NOX
maintenance plans: ozone. nance Area ........................ 2018 7.5
* * * * * Scranton/Wilkes-Barre 1997
8-Hour Ozone Mainte-
(d) As of June 15, 2015, EPA approves (f) As of June 15, 2015, EPA approves nance Area ........................ 2009 59.3
the following revised 2009 and 2018 the following general conformity Scranton/Wilkes-Barre 1997
point source inventory for nitrogen budgets for 2009 and 2018 for nitrogen 8-Hour Ozone Mainte-
oxides (NOX) for the Scranton/Wilkes- oxides (NOX) for the Scranton/Wilkes- nance Area ........................ 2018 30.5
Barre 1997 8-Hour Ozone Maintenance Barre 1997 8-Hour Ozone Maintenance
Area submitted by the Secretary of the [FR Doc. 2015–14440 Filed 6–12–15; 8:45 am]
Area submitted by the Secretary of the
Pennsylvania Department of Pennsylvania Department of BILLING CODE 6560–50–P
Environmental Protection: Environmental Protection:
Tons ENVIRONMENTAL PROTECTION
Tons per AGENCY
per Applicable geographic area Year
Applicable geographic area Year day
day NOX
NOX 40 CFR Part 180
Scranton/Wilkes-Barre 1997 [EPA–HQ–OPP–2014–0176; FRL–9928–63]
Scranton/Wilkes-Barre 1997
8-Hour Ozone Mainte-
8-Hour Ozone Mainte- Di-n-butyl carbonate; Exemption From
nance Area ........................ 2009 1.0
nance Area ........................ 2009 7.7 the Requirement of a Tolerance
Scranton/Wilkes-Barre 1997
Scranton/Wilkes-Barre 1997
8-Hour Ozone Mainte-
8-Hour Ozone Mainte-
nance Area ........................ 2018 1.0
AGENCY: Environmental Protection
nance Area ........................ 2018 5.8 Agency (EPA).
ACTION: Final rule.
(e) As of June 15, 2015, EPA approves 4. Section 52.2052 is amended by
adding paragraph (d) to read as follows: SUMMARY: This regulation establishes an
the following revised 2018 area source
inventory for nitrogen oxides (NOX) for exemption from the requirement of a
§ 52.2052 Motor vehicle emissions
the Scranton/Wilkes-Barre 1997 8-Hour budgets for Pennsylvania ozone areas. tolerance for residues of di-n-butyl
Ozone Maintenance Area submitted by carbonate (CAS Reg. No. 542–52–9)
* * * * * when used as an inert ingredient
wreier-aviles on DSK5TPTVN1PROD with RULES
the Secretary of the Pennsylvania
(d) As of June 15, 2015, EPA approves (solvent) in pesticide formulations
Department of Environmental
the following revised 2009 and 2018 applied to growing crops, raw
Protection:
Motor Vehicle Emissions Budgets agricultural commodities after harvest,
(MVEBs) for nitrogen oxides (NOX) for and animals, and when used as an inert
the Scranton/Wilkes-Barre 1997 8-Hour ingredient in antimicrobial pesticide
Ozone Maintenance Area submitted by formulations in food-contact surfaces
the Secretary of the Pennsylvania sanitizer products at a maximum level
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Document Created: 2015-12-15 15:13:25
Document Modified: 2015-12-15 15:13:25
| 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 July 15, 2015. | |
| Contact | Asrah Khadr, (215) 814-2071, or by email at [email protected] | |
| FR Citation | 80 FR 34063 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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