80_FR_42186 80 FR 42050 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Lancaster Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard

80 FR 42050 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Lancaster 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)

Page Range42050-42053
FR Document2015-17471

The Environmental Protection Agency (EPA) is approving the Commonwealth of Pennsylvania's request to redesignate to attainment the Lancaster Nonattainment Area (Lancaster Area or Area) for the 1997 annual and 2006 24-hour fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standard (NAAQS or standard). EPA has determined that the Lancaster Area attained both the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS. In addition, EPA is approving as a revision to the Pennsylvania State Implementation Plan (SIP) the associated maintenance plan to show maintenance of the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS through 2025 for the Lancaster Area. The maintenance plan includes the 2017 and 2025 PM<INF>2.5</INF> and nitrogen oxides (NO<INF>X</INF>) mobile vehicle emissions budgets (MVEBs) for the Lancaster Area for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> 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 Lancaster Area for both NAAQS. These actions are being taken under the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 136 (Thursday, July 16, 2015)
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42050-42053]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17471]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2015-0050; FRL-9930-56-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation Request and Associated Maintenance Plan for 
the Lancaster 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 
Lancaster Nonattainment Area (Lancaster 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 Lancaster Area attained both the 1997 annual and 
2006 24-hour PM2.5 NAAQS. In addition, EPA is approving as a 
revision to the Pennsylvania State Implementation Plan (SIP) the 
associated maintenance plan to show maintenance of the 1997 annual and 
2006 24-hour PM2.5 NAAQS through 2025 for the Lancaster 
Area. The maintenance plan includes the 2017 and 2025 PM2.5 
and nitrogen oxides (NOX) mobile vehicle emissions budgets 
(MVEBs) for the Lancaster 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 Lancaster 
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-2015-0050. 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: Leslie Jones Doherty at (215) 814-
3409, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 30, 2014, the Commonwealth of Pennsylvania, through the 
Pennsylvania Department of Environmental Protection (PADEP), formally 
submitted a request to redesignate the Lancaster Area from 
nonattainment to attainment for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. Concurrently, PADEP submitted a maintenance 
plan for the Lancaster Area as a SIP revision to ensure continued 
attainment throughout the Lancaster 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 May 1, 2015 (80 FR 24874), EPA published a notice of proposed 
rulemaking (NPR) for Pennsylvania. In the NPR, EPA proposed approval of 
Pennsylvania's April 30, 2014 request to redesignate the Lancaster 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 Lancaster 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 April 30, 2014 by the Commonwealth of 
Pennsylvania for the Lancaster Area for the 1997 annual and 2006 24-
hour PM2.5 NAAQS. First, EPA

[[Page 42051]]

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 Lancaster 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 Lancaster 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 Lancaster Area 
for transportation conformity purposes. In addition, EPA is approving 
the 2007 emissions inventory for the Lancaster 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 Lancaster Area pursuant to part D of the 
CAA and approves certain emissions inventories and MVEBs for the 
Lancaster Area. For these reasons, EPA finds good cause under 5 U.S.C. 
553(d) for this rulemaking action to become effective on the date of 
publication.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of a geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by 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 Lancaster Area for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS and the comprehensive emissions inventory for 
the Lancaster Area for both NAAQS, may not be challenged later in 
proceedings to enforce its requirements. See section 307(b)(2).

[[Page 42052]]

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: July 1, 2015.
William C. Early,
Acting, Regional Administrator, Region III.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
an entry for ``1997 Annual and 2006 24-Hour PM2.5 
Maintenance Plan and 2007 Base Year Emissions Inventory'' at the end of 
the table to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP          Applicable      State submittal                            Additional
            revision                geographic area          date        EPA Approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 Annual and 2006 24-Hour      Lancaster Area.....         4/30/14   7/16/15 [Insert      See Sec.
 PM2.5 Maintenance Plan and 2007                                         Federal Register     52.2036(x) and
 Base Year Emissions Inventory.                                          citation].           Sec.   52.2059(s)
----------------------------------------------------------------------------------------------------------------

* * * * *

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


Sec.  52.2036  Base year emissions inventory.

* * * * *
    (x) EPA approves as a revision to the Pennsylvania State 
Implementation Plan the 2007 base year emissions inventory for the 
Lancaster 1997 annual and 2006 24-hour fine particulate matter 
(PM2.5) nonattainment area submitted by the Pennsylvania 
Department of Environmental Protection on April 30, 2014. The emissions 
inventory includes emissions estimates that cover the general source 
categories of point, area, nonroad, and onroad sources. The pollutants 
that comprise the inventory are PM2.5, nitrogen oxides 
(NOX), volatile organic compounds (VOCs), ammonia 
(NH3), and sulfur dioxide (SO2).

0
4. Section 52.2059 is amended by adding paragraph (s) to read as 
follows:


Sec.  52.2059  Control strategy: Particular matter.

* * * * *
    (s) EPA approves the maintenance plan for the Lancaster 
nonattainment area for the 1997 annual and 2006 24-hour fine 
particulate matter (PM2.5) NAAQS submitted by the 
Commonwealth of Pennsylvania on April 30, 2014. The maintenance plan 
includes the 2017 and 2025 PM2.5 and nitrogen oxides 
(NOX) mobile vehicle emissions budgets (MVEBs) to be applied 
to all future transportation conformity determinations and analyses for 
the Lancaster nonattainment area for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS.

 Lancaster Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS for Lancaster
                                             County in Tons per Year
----------------------------------------------------------------------------------------------------------------
                                                                                         Effective date of SIP
    Type of control strategy SIP           Year            PM2.5            NOX                approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan....................            2017             249           6,916  July 16, 2015.
                                                2025             185           4,447  July 16, 2015.
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
5. The authority citation for part 81 continues to read as follows:

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

0
6. 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 ``Lancaster, PA'' to read 
as follows:


Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                         Date \1\                 Type              Date \2\           Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lancaster, PA:
    Lancaster County............  July 16, 2015........  Attainment             ...............  ...............
 

[[Page 42053]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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                           Classification
         Designated area         -------------------------------------------------------------------------------
                                         Date \1\                 Type              Date \2\           Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lancaster, PA:
    Lancaster County............  July 16, 2015........  Attainment             ...............  ...............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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. 2015-17471 Filed 7-15-15; 8:45 am]
BILLING CODE 6560-50-P



                                            42050                   Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations

                                                                                               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


                                                               Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations                                          42051

                                            finds that the monitoring data                           these reasons, EPA finds good cause                   Technology Transfer and Advancement
                                            demonstrates that the Area has attained                  under 5 U.S.C. 553(d) for this                        Act of 1995 (15 U.S.C. 272 note) because
                                            the 1997 annual and 2006 24-hour PM2.5                   rulemaking action to become effective                 application of those requirements would
                                            NAAQS, and continues to attain both                      on the date of publication.                           be inconsistent with the CAA; and
                                            NAAQS. Second, EPA is approving                                                                                   • does not provide EPA with the
                                                                                                     III. Statutory and Executive Order
                                            Pennsylvania’s redesignation request for                                                                       discretionary authority to address, as
                                                                                                     Reviews
                                            the 1997 annual and 2006 24-hour PM2.5                                                                         appropriate, disproportionate human
                                            NAAQS, because EPA has determined                        A. General Requirements                               health or environmental effects, using
                                            that the request meets the redesignation                    Under the CAA, redesignation of an                 practicable and legally permissible
                                            criteria set forth in section 107(d)(3)(E)               area to attainment and the                            methods, under Executive Order 12898
                                            of the CAA for both NAAQS. Approval                      accompanying approval of the                          (59 FR 7629, February 16, 1994).
                                            of this redesignation request will change                maintenance plan under CAA section                       In addition, this rule does not have
                                            the official designation of the Lancaster                107(d)(3)(E) are actions that affect the              tribal implications as specified by
                                            Area from nonattainment to attainment                    status of a geographical area and do not              Executive Order 13175 (65 FR 67249,
                                            for the 1997 annual and 2006 24-hour                     impose any additional regulatory                      November 9, 2000), because the SIP is
                                            PM2.5 NAAQS. Third, EPA is approving                     requirements on sources beyond those                  not approved to apply in Indian country
                                            the associated maintenance plan for the                  required by state law. A redesignation to             located in the state, and EPA notes that
                                            Lancaster Area as a revision to the                      attainment does not in and of itself                  it will not impose substantial direct
                                            Pennsylvania SIP for the 1997 annual                     impose any new requirements, but                      costs on tribal governments or preempt
                                            and 2006 24-hour PM2.5 NAAQS                             rather results in the application of                  tribal law.
                                            because it meets the requirements of                     requirements contained in the CAA for
                                            section 175A of the CAA. The                             areas that have been redesignated to                  B. Submission to Congress and the
                                            maintenance plan includes the 2017 and                   attainment. Moreover, the Administrator               Comptroller General
                                            2025 PM2.5 and NOX MVEBs submitted                       is required to approve a SIP submission
                                            by Pennsylvania for the Lancaster Area                                                                            The Congressional Review Act, 5
                                                                                                     that complies with the provisions of the              U.S.C. 801 et seq., as added by the Small
                                            for transportation conformity purposes.                  Act and applicable Federal regulations.
                                            In addition, EPA is approving the 2007                                                                         Business Regulatory Enforcement
                                                                                                     42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Fairness Act of 1996, generally provides
                                            emissions inventory for the Lancaster                    Thus, in reviewing SIP submissions,
                                            Area as meeting the requirement of                                                                             that before a rule may take effect, the
                                                                                                     EPA’s role is to approve state choices,               agency promulgating the rule must
                                            section 172(c)(3) of the CAA for both                    provided that they meet the criteria of
                                            NAAQS.                                                                                                         submit a rule report, which includes a
                                                                                                     the CAA. Accordingly, this action                     copy of the rule, to each House of the
                                               In accordance with 5 U.S.C. 553(d),                   merely approves state law as meeting                  Congress and to the Comptroller General
                                            EPA finds there is good cause for this                   Federal requirements and does not                     of the United States. EPA will submit a
                                            rulemaking action to become effective                    impose additional requirements beyond                 report containing this action and other
                                            immediately upon publication. A                          those imposed by state law. For that                  required information to the U.S. Senate,
                                            delayed effective date is unnecessary                    reason, this action:                                  the U.S. House of Representatives, and
                                            due to the nature of a redesignation to                     • Is not a ‘‘significant regulatory                the Comptroller General of the United
                                            attainment, which eliminates CAA                         action’’ subject to review by the Office              States prior to publication of the rule in
                                            obligations that would otherwise apply.                  of Management and Budget under                        the Federal Register. A major rule
                                            The immediate effective date for this                    Executive Order 12866 (58 FR 51735,                   cannot take effect until 60 days after it
                                            rulemaking action is authorized under                    October 4, 1993);                                     is published in the Federal Register.
                                            both 5 U.S.C. 553(d)(1), which provides                     • does not impose an information                   This action is not a ‘‘major rule’’ as
                                            that rulemaking actions may become                       collection burden under the provisions                defined by 5 U.S.C. 804(2).
                                            effective less than 30 days after                        of the Paperwork Reduction Act (44
                                            publication if the rule ‘‘grants or                      U.S.C. 3501 et seq.);                                 C. Petitions for Judicial Review
                                            recognizes an exemption or relieves a                       • is certified as not having a
                                            restriction,’’ and section 553(d)(3),                    significant economic impact on a                         Under section 307(b)(1) of the CAA,
                                            which allows an effective date less than                 substantial number of small entities                  petitions for judicial review of this
                                            30 days after publication ‘‘as otherwise                 under the Regulatory Flexibility Act (5               action must be filed in the United States
                                            provided by the agency for good cause                    U.S.C. 601 et seq.);                                  Court of Appeals for the appropriate
                                            found and published with the rule.’’                        • does not contain any unfunded                    circuit by September 14, 2015. Filing a
                                            The purpose of the 30-day waiting                        mandate or significantly or uniquely                  petition for reconsideration by the
                                            period prescribed in section 553(d) is to                affect small governments, as described                Administrator of this final rule does not
                                            give affected parties a reasonable time to               in the Unfunded Mandates Reform Act                   affect the finality of this action for the
                                            adjust their behavior and prepare before                 of 1995 (Pub. L. 104–4);                              purposes of judicial review nor does it
                                            the final rule takes effect. This                           • does not have Federalism                         extend the time within which a petition
                                            rulemaking action, however, does not                     implications as specified in Executive                for judicial review may be filed, and
                                            create any new regulatory requirements                   Order 13132 (64 FR 43255, August 10,                  shall not postpone the effectiveness of
                                            such that affected parties would need                    1999);                                                such rule or action.
                                            time to prepare before the rule takes                       • is not an economically significant                  This action, approving the
                                            effect. Rather, this rulemaking action                   regulatory action based on health or                  redesignation request and maintenance
                                            relieves the Commonwealth of                             safety risks subject to Executive Order               plan for the Lancaster Area for the 1997
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                                            Pennsylvania of the obligation to                        13045 (62 FR 19885, April 23, 1997);                  annual and 2006 24-hour PM2.5 NAAQS
                                            comply with nonattainment-related                           • is not a significant regulatory action           and the comprehensive emissions
                                            planning requirements for the Lancaster                  subject to Executive Order 13211 (66 FR               inventory for the Lancaster Area for
                                            Area pursuant to part D of the CAA and                   28355, May 22, 2001);                                 both NAAQS, may not be challenged
                                            approves certain emissions inventories                      • is not subject to requirements of                later in proceedings to enforce its
                                            and MVEBs for the Lancaster Area. For                    Section 12(d) of the National                         requirements. See section 307(b)(2).


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                                            42052                    Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations

                                            List of Subjects                                                       Dated: July 1, 2015.                                             Subpart NN—Pennsylvania
                                                                                                                  William C. Early,
                                            40 CFR Part 52
                                                                                                                  Acting, Regional Administrator, Region III.                       ■  2. In § 52.2020, the table in paragraph
                                              Environmental protection, Air                                         40 CFR parts 52 and 81 are amended                              (e)(1) is amended by adding an entry for
                                            pollution control, Incorporation by                                   as follows:                                                       ‘‘1997 Annual and 2006 24-Hour PM2.5
                                            reference, Nitrogen oxides, Particulate                                                                                                 Maintenance Plan and 2007 Base Year
                                            matter, Reporting and recordkeeping                                   PART 52—APPROVAL AND                                              Emissions Inventory’’ at the end of the
                                            requirements, Sulfur dioxide, Volatile                                PROMULGATION OF                                                   table to read as follows:
                                            organic compounds.                                                    IMPLEMENTATION PLANS                                              § 52.2020      Identification of plan.
                                            40 CFR Part 81                                                        ■ 1. The authority citation for part 52                           *       *    *           *       *
                                             Air pollution control, National parks,                               continues to read as follows:                                         (e) * * *
                                            Wilderness areas.                                                         Authority: 42 U.S.C. 7401 et seq.                                 (1) * * *

                                                Name of non-regulatory SIP                                                               State submittal
                                                                                             Applicable geographic area                                                 EPA Approval date                        Additional explanation
                                                         revision                                                                             date


                                                     *                *                   *                                                       *                         *                          *                      *
                                            1997 Annual and 2006 24-    Lancaster Area ......................                                  4/30/14           7/16/15 [Insert Federal Reg-              See § 52.2036(x) and
                                              Hour PM2.5 Maintenance                                                                                               ister citation].                          § 52.2059(s)
                                              Plan and 2007 Base Year
                                              Emissions Inventory.



                                            *     *    *     *     *                                              emissions estimates that cover the                                  (s) EPA approves the maintenance
                                            ■ 3. Section 52.2036 is amended by                                    general source categories of point, area,                         plan for the Lancaster nonattainment
                                            adding paragraph (x) to read as follows:                              nonroad, and onroad sources. The                                  area for the 1997 annual and 2006 24-
                                                                                                                  pollutants that comprise the inventory                            hour fine particulate matter (PM2.5)
                                            § 52.2036       Base year emissions inventory.                        are PM2.5, nitrogen oxides (NOX),                                 NAAQS submitted by the
                                            *     *    *     *    *                                               volatile organic compounds (VOCs),                                Commonwealth of Pennsylvania on
                                              (x) EPA approves as a revision to the                               ammonia (NH3), and sulfur dioxide                                 April 30, 2014. The maintenance plan
                                            Pennsylvania State Implementation Plan                                (SO2).                                                            includes the 2017 and 2025 PM2.5 and
                                            the 2007 base year emissions inventory                                                                                                  nitrogen oxides (NOX) mobile vehicle
                                            for the Lancaster 1997 annual and 2006                                ■ 4. Section 52.2059 is amended by                                emissions budgets (MVEBs) to be
                                            24-hour fine particulate matter (PM2.5)                               adding paragraph (s) to read as follows:                          applied to all future transportation
                                            nonattainment area submitted by the                                                                                                     conformity determinations and analyses
                                                                                                                  § 52.2059        Control strategy: Particular
                                            Pennsylvania Department of                                                                                                              for the Lancaster nonattainment area for
                                                                                                                  matter.
                                            Environmental Protection on April 30,                                                                                                   the 1997 annual and 2006 24-hour PM2.5
                                            2014. The emissions inventory includes                                *        *        *        *         *                            NAAQS.

                                            LANCASTER AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL AND 2006 24-HOUR PM2.5 NAAQS FOR
                                                                              LANCASTER COUNTY IN TONS PER YEAR
                                                                                                                                                                                                                               Effective date
                                                                             Type of control strategy SIP                                                        Year                PM2.5                   NOX              of SIP approval

                                            Maintenance Plan ...........................................................................................                2017                 249                   6,916      July 16, 2015.
                                                                                                                                                                        2025                 185                   4,447      July 16, 2015.



                                            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                                              ■  6. In § 81.339, in the tables entitled                         ‘‘Lancaster, PA’’ to read as follows:
                                            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                           Classification
                                                                                            Designated area
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                                                                                                                                                                           Date 1                  Type               Date 2               Type


                                                     *                      *                                 *                                 *                              *                       *                               *
                                            Lancaster, PA:
                                                Lancaster County ...................................................................................................   July 16, 2015 ..    Attainment               ................




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                                                                    Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations                                                                        42053

                                                                                                PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS—Continued
                                                                                                                                 [Primary and secondary]

                                                                                                                                                                                    Designation                 Classification
                                                                                             Designated area
                                                                                                                                                                           Date 1                 Type      Date 2               Type

                                                         *                             *                            *                             *                          *                       *                       *
                                                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                 Classification
                                                                                             Designated area
                                                                                                                                                                           Date 1                 Type      Date 2               Type


                                                     *                      *                                 *                                 *                            *                       *                       *
                                            Lancaster, PA:
                                                Lancaster County ...................................................................................................   July 16, 2015 ..   Attainment      ................

                                                         *                             *                            *                             *                          *                       *                       *
                                                1 This   date is 30 days after November 13, 2009, unless otherwise noted.
                                                2 This   date is July 2, 2014, unless otherwise noted.


                                            *       *        *        *        *                                 are listed in the index at                                         the SNAP program, as well as other EPA
                                            [FR Doc. 2015–17471 Filed 7–15–15; 8:45 am]                          www.regulations.gov. Although listed in                            publications on protection of
                                            BILLING CODE 6560–50–P
                                                                                                                 the index, some information is not                                 stratospheric ozone, are available at
                                                                                                                 publicly available, i.e., Confidential                             EPA’s Ozone Depletion Web site at
                                                                                                                 Business Information (CBI) or other                                www.epa.gov/ozone/strathome.html
                                            ENVIRONMENTAL PROTECTION                                             information whose disclosure is                                    including the SNAP portion at
                                            AGENCY                                                               restricted by statute. Publicly available                          www.epa.gov/ozone/snap/.
                                                                                                                 docket materials are available either                              SUPPLEMENTARY INFORMATION:
                                            40 CFR Part 82                                                       electronically at www.regulations.gov or                           I. Listing of New Acceptable Substitutes
                                            [EPA–HQ–OAR–2003–0118; FRL–9930–55–
                                                                                                                 in hard copy at the EPA Air Docket                                    A. Refrigeration and Air Conditioning
                                            OAR]                                                                 (Nos. A–91–42 and EPA–HQ–OAR–                                         B. Foam Blowing
                                                                                                                 2003–0118), EPA Docket Center (EPA/                                   C. Solvent Cleaning
                                            RIN 2060–AG12                                                        DC), William J. Clinton West, Room                                    D. Aerosols
                                                                                                                 3334, 1301 Constitution Avenue NW.,                                   E. Adhesives, Coatings, and Inks
                                            Protection of Stratospheric Ozone:                                                                                                      II. Section 612 Program
                                                                                                                 Washington, DC 20460. The Public                                      A. Statutory Requirements and Authority
                                            Determination 30 for Significant New
                                                                                                                 Reading Room is open from 8:30 a.m. to                                  for the SNAP Program
                                            Alternatives Policy Program
                                                                                                                 4:30 p.m., Monday through Friday,                                     B. EPA’s Regulations Implementing
                                            AGENCY: Environmental Protection                                     excluding legal holidays. The telephone                                 Section 612
                                            Agency (EPA).                                                        number for the Public Reading Room is                                 C. How the Regulations for the SNAP
                                            ACTION: Determination of acceptability.                              (202) 566–1744, and the telephone                                       Program Work
                                                                                                                 number for the Air Docket is (202) 566–                               D. Additional Information about the SNAP
                                            SUMMARY:    This determination of                                    1742.                                                                   Program
                                            acceptability expands the list of                                                                                                       Appendix A: Summary of Decisions for New
                                                                                                                 FOR FURTHER INFORMATION CONTACT:
                                            acceptable substitutes pursuant to the                                                                                                     Acceptable Substitutes
                                                                                                                 Gerald Wozniak by telephone at (202)
                                            U.S. Environmental Protection Agency’s                               343–9624, by email at wozniak.gerald@                              I. Listing of New Acceptable Substitutes
                                            (EPA) Significant New Alternatives                                   epa.gov, or by mail at U.S.
                                            Policy (SNAP) program. This action lists                                                                                                   This action presents EPA’s most
                                                                                                                 Environmental Protection Agency, Mail                              recent decision to list as acceptable
                                            as acceptable additional substitutes for                             Code 6205T, 1200 Pennsylvania Avenue
                                            use in the refrigeration and air                                                                                                        several substitutes in the refrigeration
                                                                                                                 NW., Washington, DC 20460. Overnight                               and air conditioning; foam blowing;
                                            conditioning; foam blowing; solvent                                  or courier deliveries should be sent to
                                            cleaning; aerosols; and adhesives,                                                                                                      solvent cleaning; aerosols; and
                                                                                                                 the office location at 1201 Constitution                           adhesives, coatings, and inks sectors.
                                            coatings, and inks sectors.                                          Avenue NW., Washington, DC 20004.                                  New substitutes are:
                                            DATES: This determination is effective                                 For more information on the Agency’s                                • R–450A in new vending machines;
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                                            on July 16, 2015.                                                    process for administering the SNAP                                    • R–448A in several refrigeration and
                                            ADDRESSES: EPA established a docket                                  program or criteria for the evaluation of                          air conditioning end-uses;
                                            for this action under Docket ID No.                                  substitutes, refer to the original SNAP                               • R–513A in several refrigeration and
                                            EPA–HQ–OAR–2003–0118                                                 rulemaking published in the Federal                                air conditioning end-uses;
                                            (continuation of Air Docket A–91–42).                                Register on March 18, 1994 (59 FR                                     • R–449A in several refrigeration and
                                            All electronic documents in the docket                               13,044). Notices and rulemakings under                             air conditioning end-uses;


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Document Created: 2015-12-15 13:13:34
Document Modified: 2015-12-15 13:13:34
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
ActionFinal rule.
DatesThis final rule is effective on July 16, 2015.
ContactLeslie Jones Doherty at (215) 814- 3409, or by email at [email protected]
FR Citation80 FR 42050 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental 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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