80 FR 42046 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Johnstown Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 136 (July 16, 2015)
Federal Register Volume 80, Issue 136 (July 16, 2015)
| Page Range | 42046-42050 | |
| FR Document | 2015-16921 |
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)] [Rules and Regulations] [Pages 42046-42050] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16921] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R03-OAR-2014-0902; FRL-9930-24-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Johnstown 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 Johnstown Nonattainment Area (Johnstown 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 Johnstown 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 [[Page 42047]] maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS through 2025 for the Johnstown Area. The maintenance plan includes the 2017 and 2025 PM2.5 and nitrogen oxides (NOX ) mobile vehicle emissions budgets (MVEBs) for the Johnstown 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 Johnstown Area for both NAAQS. These actions are being taken under the Clean Air Act (CAA). DATES: This final rule is effective on July 16, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2014-0902. 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 December 3, 2014, the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP), formally submitted a request to redesignate the Johnstown Area from nonattainment to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS. Concurrently, PADEP submitted a maintenance plan for the Johnstown Area as a SIP revision to ensure continued attainment throughout the Johnstown Area over the next 10 years. The maintenance plan includes the 2017 and 2025 PM2.5 and NOX MVEBs for the Area for the 1997 annual 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 1997 annual and 2006 24-hour PM2.5 NAAQS for NOX , sulfur dioxide (SO2 ), volatile organic compounds (VOC), and ammonia (NH3 ). On April 23, 2015 (80 FR 22672), EPA published a notice of proposed rulemaking (NPR) for Pennsylvania. In the NPR, EPA proposed approval of Pennsylvania's December 3, 2014 request to redesignate the Johnstown 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. The maintenance plan included 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 also included in the maintenance plan for the Johnstown Area for both 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 December 3, 2014 by the Commonwealth of Pennsylvania for the Johnstown Area for the 1997 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 Johnstown 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 Johnstown 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 Johnstown Area for transportation conformity purposes. In addition, EPA is approving the 2007 emissions inventory for the Johnstown Area as meeting the requirement of section 172(c)(3) of the CAA for both 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 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. This 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, this rulemaking action relieves the Commonwealth of Pennsylvania of the obligation to comply with nonattainment-related planning requirements for the Johnstown Area pursuant to part D of the CAA and approves certain emissions inventories and MVEBs for the Johnstown 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 [[Page 42048]] 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 September 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, approving the redesignation request and maintenance plan for the Johnstown Area for the 1997 annual and 2006 24-hour PM 2.5 NAAQS and the comprehensive emissions inventory for the Johnstown Area for both 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: June 25, 2015. Shawn M Garvin, 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) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable State submittal Additional revision geographic area date EPA Approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 1997 Annual and 2006 24-Hour Johnstown Area..... 12/3/14 7/16/15 [Insert See Sec. PM2.5 Maintenance Plan and 2007 Federal Register 52.2036(w) and Base Year Emissions Inventory. citation]. Sec. 52.2059(r). ---------------------------------------------------------------------------------------------------------------- * * * * * 0 3. Section 52.2036 is amended by adding and reserving paragraph (v) and adding paragraph (w) to read as follows: Sec. 52.2036 Base year emissions inventory. * * * * * (v) [Reserved] (w) EPA approves as a revision to the Pennsylvania State Implementation Plan the 2007 base year emissions inventory for the Johnstown 1997 annual and 2006 24-hour fine particulate matter (PM2.5 ) nonattainment area submitted by the Pennsylvania Department of [[Page 42049]] Environmental Protection on December 3, 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 and reserving paragraph (q) and adding paragraph (r) to read as follows: Sec. 52.2059 Control strategy: Particular matter. * * * * * (q) [Reserved] (r) EPA approves the maintenance plan for the Johnstown nonattainment area for the 1997 annual and 2006 24-hour PM2.5 National Ambient Air Quality Standards (NAAQS) submitted by the Commonwealth of Pennsylvania on December 3, 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 Johnstown nonattainment area for the 1997 annual and 2006 24-hour PM2.5 NAAQS. Johnstown Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS for Cambria County in Tons per Year ---------------------------------------------------------------------------------------------------------------- Effective date Type of control strategy SIP Year PM2.5 NOX of SIP approval ---------------------------------------------------------------------------------------------------------------- Maintenance Plan.............................. 2017 62.79 1,707.03 7/16/15 2025 46.71 1,077.46 7/16/15 ---------------------------------------------------------------------------------------------------------------- Johnstown Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS for Indiana County (Partial) in Tons per Year ---------------------------------------------------------------------------------------------------------------- Effective date Type of control strategy SIP Year PM2.5 NOX of SIP approval ---------------------------------------------------------------------------------------------------------------- Maintenance Plan.............................. 2017 7.95 238.50 7/16/15 2025 4.38 120.98 7/16/15 ---------------------------------------------------------------------------------------------------------------- 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. In Sec. 81.339, in the tables entitled ``Pennsylvania--1997 Annual PM2.5 NAAQS'' and ``Pennsylvania--2006 24-Hour PM2.5 NAAQS'' revise the entry for ``Johnstown, PA'' 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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * Johnstown, PA: Cambria County.......................... 7/16/15 Attainment Indiana County (part)................... 7/16/15 Attainment Townships of West Wheatfield, Center, East Wheatfield, and Armagh Borough and Homer City Borough. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \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. * * * * * Pennsylvania--2006 24-Hour PM2.5 NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation a Classification Designated area ------------------------------------------------------------------- Date 1 Type Date 2 Type ---------------------------------------------------------------------------------------------------------------- * * * * * * * Johnstown, PA: [[Page 42050]] Cambria County.......................... 7/16/15 Attainment Indiana County (part)................... 7/16/15 Attainment Townships of West Wheatfield, Center, East Wheatfield, and Armagh Borough and Homer City Borough * * * * * * * ---------------------------------------------------------------------------------------------------------------- \a\ Includes Indian Country located in each county or area, except as otherwise specified. \1\ This date is 30 days after November 13, 2009, unless otherwise noted. \2\ This date is July 2, 2014, unless otherwise noted. * * * * * [FR Doc. 2015-16921 Filed 7-15-15; 8:45 am] BILLING CODE 6560-50-P
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costs on tribal governments or preempt Court of Appeals for the appropriate reference, Ozone, Reporting and
tribal law. circuit by September 14, 2015. Filing a recordkeeping requirements, Volatile
petition for reconsideration by the organic compounds.
B. Submission to Congress and the
Administrator of this final rule does not
Comptroller General Dated: July 7, 2015.
affect the finality of this action for the
The Congressional Review Act, 5 purposes of judicial review nor does it William C. Early,
U.S.C. 801 et seq., as added by the Small extend the time within which a petition Acting Regional Administrator, Region III.
Business Regulatory Enforcement for judicial review may be filed, and
Fairness Act of 1996, generally provides shall not postpone the effectiveness of 40 CFR part 52 is amended as follows:
that before a rule may take effect, the such rule or action. Parties with
agency promulgating the rule must PART 52—APPROVAL AND
objections to this direct final rule are
submit a rule report, which includes a PROMULGATION OF
encouraged to file a comment in
copy of the rule, to each House of the response to the parallel notice of IMPLEMENTATION PLANS
Congress and to the Comptroller General proposed rulemaking for this action
of the United States. EPA will submit a published in the proposed rules section ■ 1. The authority citation for part 52
report containing this action and other of today’s Federal Register, rather than continues to read as follows:
required information to the U.S. Senate, file an immediate petition for judicial Authority: 42 U.S.C. 7401 et seq.
the U.S. House of Representatives, and review of this direct final rule, so that
the Comptroller General of the United EPA can withdraw this direct final rule Subpart VV—Virginia
States prior to publication of the rule in and address the comment in the
the Federal Register. A major rule proposed rulemaking action. ■ 2. In § 52.2420, the table in paragraph
cannot take effect until 60 days after it
This action, revising the definition of (c) is amended by adding a new entry
is published in the Federal Register.
VOCs, may not be challenged later in for ‘‘Section 5–10–20’’ immediately after
This action is not a ‘‘major rule’’ as
proceedings to enforce its requirements. the existing entries for ‘‘Section 5–10–
defined by 5 U.S.C. 804(2).
See section 307(b)(2). 20’’ to read as follows:
C. Petitions for Judicial Review
List of Subjects in 40 CFR Part 52 § 52.2420 Identification of plan.
Under section 307(b)(1) of the CAA,
petitions for judicial review of this Environmental protection, Air * * * * *
action must be filed in the United States pollution control, Incorporation by (c) * * *
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State effective Explanation
State citation Title/subject EPA approval date
date [former SIP citation]
9 VAC 5, Chapter 10 General Definitions [Part I]
* * * * * * *
5–10–20 .................................. Terms Defined ....................... 3/12/15 7/16/15 [Insert Federal Reg- Definition of VOC is revised
ister citation]. by adding two chemicals
(trans 1-chloro-3,3,3-
trifluoroprop-1-ene and
2,3,3,3-tetrafluoropropene)
to the list of substances not
considered to be VOCs.
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION ACTION: Final rule.
[FR Doc. 2015–17386 Filed 7–15–15; 8:45 am] AGENCY
SUMMARY: The Environmental Protection
BILLING CODE 6560–50–P
40 CFR Parts 52 and 81 Agency (EPA) is approving the
Commonwealth of Pennsylvania’s
[EPA–R03–OAR–2014–0902; FRL–9930–24– request to redesignate to attainment the
Region 3] Johnstown Nonattainment Area
(Johnstown Area or Area) for the 1997
Approval and Promulgation of Air annual and 2006 24-hour fine
Quality Implementation Plans; particulate matter (PM2.5) national
Pennsylvania; Redesignation Request ambient air quality standard (NAAQS or
and Associated Maintenance Plan for standard). EPA has determined that the
tkelley on DSK3SPTVN1PROD with RULES
the Johnstown Nonattainment Area for Johnstown Area attained both the 1997
the 1997 Annual and 2006 24-Hour Fine annual and 2006 24-hour PM2.5 NAAQS.
Particulate Matter Standard In addition, EPA is approving as a
revision to the Pennsylvania State
AGENCY: Environmental Protection Implementation Plan (SIP) the
Agency (EPA). associated maintenance plan to show
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attainment. Moreover, the Administrator appropriate, disproportionate human This action, approving the
is required to approve a SIP submission health or environmental effects, using redesignation request and maintenance
that complies with the provisions of the practicable and legally permissible plan for the Johnstown Area for the
Act and applicable Federal regulations. methods, under Executive Order 12898 1997 annual and 2006 24-hour PM2.5
42 U.S.C. 7410(k); 40 CFR 52.02(a). (59 FR 7629, February 16, 1994). NAAQS and the comprehensive
Thus, in reviewing SIP submissions, In addition, this rule does not have emissions inventory for the Johnstown
EPA’s role is to approve state choices, tribal implications as specified by Area for both NAAQS, may not be
provided that they meet the criteria of Executive Order 13175 (65 FR 67249, challenged later in proceedings to
the CAA. Accordingly, this action November 9, 2000), because the SIP is enforce its requirements. See section
merely approves state law as meeting not approved to apply in Indian country 307(b)(2).
Federal requirements and does not located in the state, and EPA notes that
impose additional requirements beyond it will not impose substantial direct List of Subjects
those imposed by state law. For that costs on tribal governments or preempt 40 CFR Part 52
reason, this action: tribal law.
• Is not a ‘‘significant regulatory Environmental protection, Air
B. Submission to Congress and the pollution control, Incorporation by
action’’ subject to review by the Office
Comptroller General reference, Nitrogen oxides, Particulate
of Management and Budget under
Executive Order 12866 (58 FR 51735, The Congressional Review Act, 5 matter, Reporting and recordkeeping
October 4, 1993); U.S.C. 801 et seq., as added by the Small requirements, Sulfur dioxide, Volatile
• does not impose an information Business Regulatory Enforcement organic compounds.
collection burden under the provisions Fairness Act of 1996, generally provides 40 CFR Part 81
of the Paperwork Reduction Act (44 that before a rule may take effect, the
U.S.C. 3501 et seq.); agency promulgating the rule must Air pollution control, National parks,
• is certified as not having a submit a rule report, which includes a Wilderness areas.
significant economic impact on a copy of the rule, to each House of the Dated: June 25, 2015.
substantial number of small entities Congress and to the Comptroller General Shawn M Garvin,
under the Regulatory Flexibility Act (5 of the United States. EPA will submit a
Regional Administrator, Region III.
U.S.C. 601 et seq.); report containing this action and other
• does not contain any unfunded required information to the U.S. Senate, 40 CFR parts 52 and 81 are amended
mandate or significantly or uniquely the U.S. House of Representatives, and as follows:
affect small governments, as described the Comptroller General of the United
in the Unfunded Mandates Reform Act States prior to publication of the rule in PART 52—APPROVAL AND
of 1995 (Pub. L. 104–4); the Federal Register. A major rule PROMULGATION OF
• does not have Federalism cannot take effect until 60 days after it IMPLEMENTATION PLANS
implications as specified in Executive is published in the Federal Register.
Order 13132 (64 FR 43255, August 10, This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52
1999); defined by 5 U.S.C. 804(2). continues to read as follows:
• is not an economically significant Authority: 42 U.S.C. 7401 et seq.
C. Petitions for Judicial Review
regulatory action based on health or
safety risks subject to Executive Order Under section 307(b)(1) of the CAA, Subpart NN—Pennsylvania
13045 (62 FR 19885, April 23, 1997); petitions for judicial review of this
• is not a significant regulatory action action must be filed in the United States ■ 2. In § 52.2020, the table in paragraph
subject to Executive Order 13211 (66 FR Court of Appeals for the appropriate (e)(1) is amended by adding an entry for
28355, May 22, 2001); circuit by September 14, 2015. Filing a ‘‘1997 Annual and 2006 24-Hour PM2.5
• is not subject to requirements of petition for reconsideration by the Maintenance Plan and 2007 Base Year
Section 12(d) of the National Administrator of this final rule does not Emissions Inventory’’ at the end of the
Technology Transfer and Advancement affect the finality of this action for the table to read as follows:
Act of 1995 (15 U.S.C. 272 note) because purposes of judicial review nor does it
extend the time within which a petition § 52.2020 Identification of plan.
application of those requirements would
be inconsistent with the CAA; and for judicial review may be filed, and * * * * *
• does not provide EPA with the shall not postpone the effectiveness of (e) * * *
discretionary authority to address, as such rule or action. (1) * * *
Name of non-regulatory SIP State submittal
Applicable geographic area EPA Approval date Additional explanation
revision date
* * * * * * *
1997 Annual and 2006 24- Johnstown Area ..................... 12/3/14 7/16/15 [Insert Federal Reg- See § 52.2036(w) and
Hour PM2.5 Maintenance ister citation]. § 52.2059(r).
Plan and 2007 Base Year
Emissions Inventory.
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* * * * * § 52.2036 Base year emissions inventory. the 2007 base year emissions inventory
* * * * * for the Johnstown 1997 annual and 2006
■ 3. Section 52.2036 is amended by
(v) [Reserved] 24-hour fine particulate matter (PM2.5)
adding and reserving paragraph (v) and
nonattainment area submitted by the
adding paragraph (w) to read as follows: (w) EPA approves as a revision to the Pennsylvania Department of
Pennsylvania State Implementation Plan
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Environmental Protection on December ■ 4. Section 52.2059 is amended by Quality Standards (NAAQS) submitted
3, 2014. The emissions inventory adding and reserving paragraph (q) and by the Commonwealth of Pennsylvania
includes emissions estimates that cover adding paragraph (r) to read as follows: on December 3, 2014. The maintenance
the general source categories of point, plan includes the 2017 and 2025 PM2.5
§ 52.2059 Control strategy: Particular
area, nonroad, and onroad sources. The matter. and NOX mobile vehicle emissions
pollutants that comprise the inventory budgets (MVEBs) to be applied to all
* * * * *
are PM2.5, nitrogen oxides (NOX), (q) [Reserved] future transportation conformity
volatile organic compounds (VOCs), (r) EPA approves the maintenance determinations and analyses for the
ammonia (NH3), and sulfur dioxide plan for the Johnstown nonattainment Johnstown nonattainment area for the
(SO2). area for the 1997 annual and 2006 24- 1997 annual and 2006 24-hour PM2.5
hour PM2.5 National Ambient Air NAAQS.
JOHNSTOWN AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL AND 2006 24-HOUR PM2.5 NAAQS
FOR CAMBRIA COUNTY IN TONS PER YEAR
Effective date of
Type of control strategy SIP Year PM2.5 NOX SIP approval
Maintenance Plan ........................................................................................ 2017 62.79 1,707.03 7/16/15
2025 46.71 1,077.46 7/16/15
JOHNSTOWN AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL AND 2006 24-HOUR PM2.5 NAAQS
FOR INDIANA COUNTY (PARTIAL) IN TONS PER YEAR
Effective date of
Type of control strategy SIP Year PM2.5 NOX SIP approval
Maintenance Plan ........................................................................................ 2017 7.95 238.50 7/16/15
2025 4.38 120.98 7/16/15
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401, et seq. Hour PM2.5 NAAQS’’ revise the entry for
FOR AIR QUALITY PLANNING ‘‘Johnstown, PA’’ to read as follows:
■ 6. In § 81.339, in the tables entitled
PURPOSES
‘‘Pennsylvania—1997 Annual PM2.5 § 81.339 Pennsylvania.
■ 5. The authority citation for part 81 NAAQS’’ and ‘‘Pennsylvania—2006 24- * * * * *
continues to read as follows:
PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a Classification
Designated area
Date 1 Type Date 2 Type
* * * * * * *
Johnstown, PA:
Cambria County ........................................................................................ 7/16/15 Attainment
Indiana County (part) ................................................................................ 7/16/15 Attainment
Townships of West Wheatfield, Center, East Wheatfield, and Armagh Bor-
ough and Homer City Borough.
* * * * * * *
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.
* * * * *
PENNSYLVANIA—2006 24-HOUR PM2.5 NAAQS
[Primary and secondary]
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Designation a Classification
Designated area
Date 1 Type Date 2 Type
* * * * * * *
Johnstown, PA:
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PENNSYLVANIA—2006 24-HOUR PM2.5 NAAQS—Continued
[Primary and secondary]
Designation a Classification
Designated area
Date 1 Type Date 2 Type
Cambria County ........................................................................................ 7/16/15 Attainment
Indiana County (part) ................................................................................ 7/16/15 Attainment
Townships of West Wheatfield, Center, East Wheatfield, and Armagh Bor-
ough and Homer City Borough
* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is 30 days after November 13, 2009, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
* * * * * in the maintenance plan for the ensure continued attainment throughout
[FR Doc. 2015–16921 Filed 7–15–15; 8:45 am] Lancaster Area for both NAAQS. These the Lancaster Area over the next 10
BILLING CODE 6560–50–P
actions are being taken under the Clean years. The maintenance plan includes
Air Act (CAA). the 2017 and 2025 PM2.5 and NOX
DATES: This final rule is effective on July MVEBs for the Area for the 1997 annual
ENVIRONMENTAL PROTECTION 16, 2015. and 2006 24-hour PM2.5 NAAQS, which
AGENCY ADDRESSES: EPA has established a EPA is approving for transportation
docket for this action under Docket ID conformity purposes. PADEP also
40 CFR Parts 52 and 81 Number EPA–R03–OAR–2015–0050. All submitted a 2007 comprehensive
documents in the docket are listed in emissions inventory that was included
[EPA–R03–OAR–2015–0050; FRL–9930–56–
Region 3] the www.regulations.gov Web site. in the maintenance plan for the 1997
Although listed in the electronic docket, annual and 2006 24-hour PM2.5 NAAQS
Approval and Promulgation of Air some information is not publicly for NOX, sulfur dioxide (SO2), volatile
Quality Implementation Plans; available, i.e., confidential business organic compounds (VOC), and
Pennsylvania; Redesignation Request information (CBI) or other information ammonia (NH3).
and Associated Maintenance Plan for On May 1, 2015 (80 FR 24874), EPA
whose disclosure is restricted by statute.
the Lancaster Nonattainment Area for published a notice of proposed
Certain other material, such as
the 1997 Annual and 2006 24-Hour Fine rulemaking (NPR) for Pennsylvania. In
copyrighted material, is not placed on
Particulate Matter Standard the NPR, EPA proposed approval of
the Internet and will be publicly
Pennsylvania’s April 30, 2014 request to
AGENCY: Environmental Protection available only in hard copy form.
redesignate the Lancaster Area to
Agency (EPA). Publicly available docket materials are
attainment for the 1997 annual and 2006
available either electronically through
ACTION: Final rule. 24-hour PM2.5 NAAQS. EPA also
www.regulations.gov or in hard copy for proposed approval of the associated
SUMMARY: The Environmental Protection public inspection during normal maintenance plan as a revision to the
Agency (EPA) is approving the business hours at the Air Protection Pennsylvania SIP for the 1997 annual
Commonwealth of Pennsylvania’s Division, U.S. Environmental Protection and 2006 24-hour PM2.5 NAAQS. The
request to redesignate to attainment the Agency, Region III, 1650 Arch Street, maintenance plan included the 2017
Lancaster Nonattainment Area Philadelphia, Pennsylvania 19103. and 2025 PM2.5 and NOX MVEBs for
(Lancaster Area or Area) for the 1997 Copies of the State submittal are both NAAQS which EPA proposed to
annual and 2006 24-hour fine available at the Pennsylvania approve for purposes of transportation
particulate matter (PM2.5) national Department of Environmental conformity. In addition, EPA proposed
ambient air quality standard (NAAQS or Protection, Bureau of Air Quality approval of the 2007 emissions
standard). EPA has determined that the Control, P.O. Box 8468, 400 Market inventory also included in the
Lancaster Area attained both the 1997 Street, Harrisburg, Pennsylvania 17105. maintenance plan for the Lancaster Area
annual and 2006 24-hour PM2.5 NAAQS. FOR FURTHER INFORMATION CONTACT: for both NAAQS to meet the emissions
In addition, EPA is approving as a Leslie Jones Doherty at (215) 814–3409, inventory requirement of section
revision to the Pennsylvania State or by email at jones.leslie@epa.gov. 172(c)(3) of the CAA.
Implementation Plan (SIP) the SUPPLEMENTARY INFORMATION: The details of Pennsylvania’s
associated maintenance plan to show submittal and the rationale for EPA’s
maintenance of the 1997 annual and I. Background
proposed actions are explained in the
2006 24-hour PM2.5 NAAQS through On April 30, 2014, the NPR and will not be restated here. No
2025 for the Lancaster Area. The Commonwealth of Pennsylvania, adverse public comments were received
maintenance plan includes the 2017 and through the Pennsylvania Department of on the NPR.
2025 PM2.5 and nitrogen oxides (NOX) Environmental Protection (PADEP),
mobile vehicle emissions budgets formally submitted a request to II. Final Actions
tkelley on DSK3SPTVN1PROD with RULES
(MVEBs) for the Lancaster Area for the redesignate the Lancaster Area from EPA is taking final actions on the
1997 annual and 2006 24-hour PM2.5 nonattainment to attainment for the redesignation request and SIP revisions
NAAQS, which EPA is approving for 1997 annual and 2006 24-hour PM2.5 submitted on April 30, 2014 by the
transportation conformity purposes. NAAQS. Concurrently, PADEP Commonwealth of Pennsylvania for the
Furthermore, EPA is approving the 2007 submitted a maintenance plan for the Lancaster Area for the 1997 annual and
base year emissions inventory included Lancaster Area as a SIP revision to 2006 24-hour PM2.5 NAAQS. First, EPA
VerDate Sep<11>2014 16:14 Jul 15, 2015 Jkt 235001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\16JYR1.SGM 16JYR1](https://thefederalregister.org/doc/80_FR_42182/page/5.svg)
Document Created: 2015-12-15 13:13:00
Document Modified: 2015-12-15 13:13:00
| 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 16, 2015. | |
| Contact | Rose Quinto at (215) 814-2182, or by email at [email protected] | |
| FR Citation | 80 FR 42046 | |
| 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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