80_FR_59806 80 FR 59615 - Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Approval of the Base Year Emissions Inventory for the Liberty-Clairton Nonattainment Area for the 2006 24-Hour Fine Particulate Matter Standard and Approval of Transportation Conformity Insignificance Findings for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standards for the Liberty-Clairton Nonattainment Area

80 FR 59615 - Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Approval of the Base Year Emissions Inventory for the Liberty-Clairton Nonattainment Area for the 2006 24-Hour Fine Particulate Matter Standard and Approval of Transportation Conformity Insignificance Findings for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standards for the Liberty-Clairton Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 191 (October 2, 2015)

Page Range59615-59620
FR Document2015-24877

The Environmental Protection Agency (EPA) is taking direct final action to approve two revisions to the Commonwealth of Pennsylvania (Pennsylvania) State Implementation Plan (SIP). The first revision consists of the 2007 base year emissions inventory for the Liberty-Clairton nonattainment area (hereafter ``the Liberty-Clairton Area'' or ``the Area'') with respect the 2006 24-hour fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS or standard). The second revision consists of insignificance findings for the mobile source contribution of PM<INF>2.5</INF> and nitrogen oxides (NO<INF>X</INF>) emissions for the Liberty-Clairton Area for both the 1997 annual and 2006 24-hour PM<INF>2.5</INF> standards. EPA is approving the 2007 base year emissions inventory for the Liberty- Clairton Area for the 2006 24-hour PM<INF>2.5</INF> NAAQS. Furthermore, EPA is finding the motor vehicle emission inventories adequate for transportation conformity purposes and is approving the insignificance findings for the mobile source contribution of PM<INF>2.5</INF> and NO<INF>X</INF> emissions for the Liberty-Clairton Area for both the 1997 annual and 2006 24-hour PM<INF>2.5</INF> standards. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 191 (Friday, October 2, 2015)
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59615-59620]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24877]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0470; FRL-9934-91-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Approval of the Base Year Emissions 
Inventory for the Liberty-Clairton Nonattainment Area for the 2006 24-
Hour Fine Particulate Matter Standard and Approval of Transportation 
Conformity Insignificance Findings for the 1997 Annual and 2006 24-Hour 
Fine Particulate Matter Standards for the Liberty-Clairton 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve two revisions to the Commonwealth of 
Pennsylvania (Pennsylvania) State Implementation Plan (SIP). The first 
revision consists of the 2007 base year emissions inventory for the 
Liberty-Clairton nonattainment area (hereafter ``the Liberty-Clairton 
Area'' or ``the Area'') with respect the 2006 24-hour fine particulate 
matter (PM2.5) National Ambient Air Quality Standard (NAAQS 
or standard). The second revision consists of insignificance findings 
for the mobile source contribution of PM2.5 and nitrogen 
oxides (NOX) emissions for the Liberty-Clairton Area for 
both the 1997 annual and 2006 24-hour PM2.5 standards. EPA 
is approving the 2007 base year emissions inventory for the Liberty-
Clairton Area for the 2006 24-hour PM2.5 NAAQS. Furthermore, 
EPA is finding the motor vehicle emission inventories adequate for 
transportation conformity purposes and is approving the insignificance 
findings for the mobile source contribution of PM2.5 and 
NOX emissions for the Liberty-Clairton Area for both the 
1997 annual and 2006 24-hour PM2.5 standards. EPA is 
approving these revisions in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This rule is effective on December 1, 2015 without further 
notice, unless EPA receives adverse written comment by November 2, 
2015. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0470 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2015-0470, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0470. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI, or otherwise protected, through www.regulations.gov or email. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the 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; and at the Allegheny County 
Health Department, Bureau of Environmental Quality, Division of Air 
Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].

SUPPLEMENTARY INFORMATION: On June 21, 2013, the Commonwealth 
Pennsylvania submitted, on behalf of Allegheny County, a formal 
revision to its SIP. The SIP revision consisted of the 2006 24-hour 
PM2.5 NAAQS attainment plan for the Liberty-Clairton Area, 
which included among other things, an attainment demonstration, a 2007 
base year emissions inventory, a reasonably available control measures 
(RACM) analysis, and a description of contingency measures. On July 31, 
2014, the SIP revision was supplemented to include additional 
information regarding control measures as part of the attainment 
demonstration and insignificance findings for transportation conformity 
purposes for both the 1997 and 2006 24-hour PM2.5 NAAQS.
    Today's action only pertains to the approval of the 2007 base year 
emissions inventory to satisfy the requirement of section 172(c)(3) of 
the CAA and the transportation conformity insignificance findings to 
satisfy EPA's requirements at 40 CFR 93.118(e)(4) and 40 CFR 93.109(f).

I. Background

    On July 16, 1997, EPA established an annual PM2.5 NAAQS 
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to 
as ``the 1997 annual PM2.5 NAAQS''), based on a 3-year 
average of annual mean PM2.5 concentrations (62 FR 38652, 
July 18, 1997). At that time, EPA also established a 24-hour standard 
of 65 [mu]g/m\3\ (hereafter referred to as ``the 1997

[[Page 59616]]

24-hour PM2.5 NAAQS''). See 40 CFR 50.7. The 1997 
PM2.5 standards were based on significant evidence and 
numerous health studies demonstrating that serious health effects are 
associated with exposures to particulate matter.
    On January 5, 2005 (70 FR 944), EPA published its nonattainment 
area designations for the 1997 annual PM2.5 NAAQS based upon 
air quality monitoring data for calendar years 2001-2003. These 
designations, effective on April 5, 2005, included the Liberty-Clairton 
Area as a nonattainment area. The Liberty-Clairton Area for the 1997 
annual PM2.5 NAAQS is comprised of the following portion of 
Allegheny County: The boroughs of Lincoln, Glassport, Liberty, and Port 
Vue and the City of Clairton. See 40 CFR 81.339 (Pennsylvania). The 
Liberty-Clairton Area is surrounded by, but separate and distinct from, 
the Pittsburgh-Beaver Valley PM2.5 nonattainment area.
    On September 21, 2006, EPA retained the 1997 annual 
PM2.5 NAAQS at 15.0 [mu]g/m\3\ (hereby ``the 2006 annual 
PM2.5 NAAQS'') based on a 3-year average of annual mean 
PM2.5 concentrations, and promulgated a new 24-hour standard 
of 35 [mu]g/m\3\ (hereafter ``the 2006 24-hour PM2.5 
NAAQS'') based on a 3-year average of the 98th percentile of 24-hour 
concentrations (71 FR 61144, October 17, 2006). The revised 2006 24-
hour PM2.5 standard became effective on December 18, 2006. 
See 40 CFR 50.13. The more stringent 2006 24-hour PM2.5 
NAAQS is based on significant evidence and numerous health studies 
demonstrating that serious health effects are associated with short-
term exposures to PM2.5 at this level.
    Many petitioners challenged aspects of EPA's 2006 revisions to the 
PM2.5 NAAQS. See American Farm Bureau Federation and 
National Pork Producers Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir. 
2009). As a result of this challenge, the U.S. Court of Appeals for the 
District of Columbia Circuit (DC Circuit) remanded the 2006 annual 
PM2.5 NAAQS to EPA for further proceedings. The 2006 24-hour 
PM2.5 NAAQS was not affected by the remand and remains in 
effect.
    On November 13, 2009, EPA published designations for the 2006 24-
hour PM2.5 NAAQS (74 FR 58688). These designations, 
effective on December 14, 2009, included the Liberty-Clairton Area as a 
nonattainment area for the 2006 24-hour PM2.5 NAAQS, 
retaining the same geographical boundaries as for the 1997 annual 
PM2.5 NAAQS. See 40 CFR 81.339 (Pennsylvania).
    A nonattainment designation under the CAA triggers additional 
planning requirements for states to show attainment of the NAAQS in the 
nonattainment areas by a statutory attainment date, as specified in the 
CAA. Since 2005, EPA had implemented the 1997 and 2006 PM2.5 
NAAQS based on the general implementation provisions of subpart 1 of 
Part D of Title I of the CAA (subpart 1). On January 4, 2013, in 
Natural Resources Defense Council v. EPA (NRDC v. EPA), the DC Circuit 
determined that EPA should be implementing its PM2.5 
pollution standard under additional CAA requirements than those EPA had 
been following in subpart 1 and remanded to EPA the ``Final Clean Air 
Fine Particle Implementation Rule'' (1997 PM2.5 
Implementation Rule) (72 FR 20586, April 25, 2007) and the 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)'' final rule (2008 
NSR PM2.5 Rule).\1\ 706 F.3d 428 (D.C. Cir. 2013). The DC 
Circuit found that the EPA erred in implementing the 1997 annual 
PM2.5 NAAQS solely pursuant to subpart 1, without 
consideration of the particulate matter specific provisions of subpart 
4 of Part D of Title I of the CAA (subpart 4).
---------------------------------------------------------------------------

    \1\ EPA's 2008 NSR PM2.5 Rule relates to requirements 
for the NSR permitting program required by parts C and D of title I 
of the CAA. The details and provisions of the 2008 NSR 
PM2.5 Rule are not relevant to this rulemaking.
---------------------------------------------------------------------------

    While the regulatory provisions of EPA's 1997 PM2.5 
Implementation Rule do not explicitly apply to the 2006 24-hour 
PM2.5 NAAQS, EPA's underlying statutory interpretation has 
been the same for both standards. On March 2, 2012, EPA provided 
implementation guidance for the 2006 24-hour PM2.5 NAAQS 
which reaffirmed and continued the framework and policy approaches of 
the 1997 PM2.5 Implementation Rule. On June 6, 2013, EPA 
withdrew the implementation guidance for the 2006 24-hour 
PM2.5 NAAQS, subsequent to the DC Circuit's decision in NRDC 
v. EPA.\2\
---------------------------------------------------------------------------

    \2\ EPA's June 6, 2013 withdrawal memorandum is available at 
http://www.epa.gov/ttn/naaqs/pm/pdfs/implementationguidancewithdrawmemo.pdf.
---------------------------------------------------------------------------

    Although the DC Circuit declined to establish a deadline for EPA's 
response, EPA intends to respond promptly to the Court's remand and to 
promulgate new generally applicable implementation regulations for the 
PM2.5 NAAQS in accordance with the requirements of subparts 
1 and 4. In the interim, however, states and EPA still need to proceed 
with implementation of the PM2.5 NAAQS in a timely and 
effective fashion in order to meet statutory obligations under the CAA 
and to assure the protection of public health intended by those NAAQS.
    The statutory provisions in subpart 4 require EPA, among other 
things, to classify nonattainment areas for the PM2.5 NAAQS 
based on the severity of their pollution problem. Under EPA's prior 
approach to implementing the 1997 annual and 2006 24-hour 
PM2.5 standards according to subpart 1, EPA was not required 
to, and thus did not, identify any classifications for areas designated 
nonattainment. In contrast, subpart 4 of the CAA, at section 188, 
provides that all areas designated nonattainment are initially 
classified ``by operation of law'' as ``Moderate'' nonattainment areas, 
and they remain classified as Moderate nonattainment areas unless and 
until EPA later reclassifies them as Serious nonattainment areas or EPA 
determines that an area has not attained the PM2.5 NAAQS by 
the area's applicable attainment date.
    On April 25, 2014, EPA finalized a rule identifying the 
classification of all PM2.5 areas currently designated 
nonattainment for the 1997 annual and 2006 24-hour PM2.5 
NAAQS as ``Moderate,'' consistent with subpart 4 of the CAA. See 79 FR 
31566 (June 2, 2014). Consequently, the Liberty-Clairton Area was 
classified as Moderate for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS.
    On July 10, 2015 (80 FR 39696), EPA determined that the Liberty-
Clairton Area had attained the 2006 24-hour PM2.5 NAAQS, 
based on quality-assured and certified ambient air quality data for the 
2012-2014 monitoring period. This ``clean data determination'' 
suspended Pennsylvania's obligations to submit for the Liberty-Clairton 
Area an attainment demonstration, reasonably available control measures 
(RACM), reasonable further progress (RFP), and contingency measures for 
the 2006 24-hour PM2.5 NAAQS pursuant to subparts 1 and 4 of 
the CAA, for so long as the Area continues to attain the standard.
    EPA incorporated its Clean Data Policy interpretation in both its 
8-Hour Ozone Implementation Rule in 40 CFR 51.918 and in its 1997 
PM2.5 Implementation Rule in 40 CFR 51.1004(c). See 72 FR 
20585, 20665 (April 25, 2007). While the DC Circuit in its January 4, 
2013 decision remanded the 1997 PM2.5 Implementation Rule, 
the Court did not address the merits of that regulation regarding our 
Clean Data Policy in 40 CFR 51.1004(c), nor cast any doubt on EPA's 
existing interpretation of the

[[Page 59617]]

statutory provisions for the Clean Data Policy.\3\
---------------------------------------------------------------------------

    \3\ EPA addressed the effects of a final determination of 
attainment under the Clean Data Policy for the Liberty-Clairton Area 
as a 2006 24-hour PM2.5 moderate nonattainment area under 
subpart 4 in the notice of proposed rulemaking for the Area's 
determination of attainment. See 80 FR 22666 (April 23, 2015).
---------------------------------------------------------------------------

    After EPA's final clean data determination for the Liberty-Clairton 
Area for the 2006 24-hour PM2.5 NAAQS, effective on August 
10, 2015, the only pending statutory requirement for the Area relates 
to emissions inventories pursuant to section 172(c)(3) of subpart 1 of 
the CAA. Specifically, section 172(c)(3) of the CAA requires states to 
submit a comprehensive, accurate, and current inventory of actual 
emissions for each nonattainment area. EPA's requirements for an 
emissions inventory for the PM2.5 NAAQS are set forth in 40 
CFR 51.1008.

II. Summary of SIP Revision

    As discussed earlier, the Liberty-Clairton's base year emissions 
inventory was submitted by Pennsylvania Department of the Environmental 
Protection (PADEP), on behalf of Allegheny County Health Department 
(ACHD), as part of the June 21, 2013 SIP revision to demonstrate 
attainment of the 2006 24-hour PM2.5 NAAQS for the Liberty-
Clairton Area. The June 21, 2013 SIP revision was amended on July 31, 
2015 to include, among other things, the transportation conformity 
insignificance findings for both the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. In this rulemaking action, EPA is only acting 
on the portions of the submittals corresponding to the 2007 base year 
emissions inventory and the transportation conformity insignificance 
findings. A brief summary of the SIP revisions is provided in this 
section.

A. Base Year Emissions Inventory

    The 2007 base year emissions inventory for the Liberty-Clairton 
Area intends to satisfy the requirements of section 172(c)(4) of the 
CAA for the 2006 24-hour PM2.5 NAAQS. The 2007 base year 
emissions inventory includes emissions estimates that cover the general 
source categories of point sources, area sources, non-road mobile 
sources, and on-road mobile sources. The pollutants that comprise the 
inventory are NOX, volatile organic compounds (VOC), 
PM2.5, coarse particles (PM10), ammonia, and 
sulfur dioxide (SO2). ACHD selected 2007 as the base year 
for the emissions inventory, in accordance with 40 CFR 51.1008(b).
    The 2007 emissions inventory submitted is the most current accurate 
and comprehensive actual emissions inventory of direct 
PM2.5, PM10, NOX, SO2, VOC, 
and ammonia for the Liberty-Clairton Area with respect the 2006 24-hour 
PM2.5 NAAQS. The actual emissions were estimated based on 
pollutant emission factors and throughputs or capacities of each 
emission source. A summary of the Liberty-Clairton's 2007 base year 
emissions inventory is provided in Table 1.

                       Table 1--2007 Base Year Emissions Inventory for the Liberty-Clairton Area for the 2006 24-hour PM2.5 NAAQS
                                                                       [Tons/Year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               PM2.5           PM10             SO2             NOX             VOC           Ammonia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources...........................................           946.6          1136.9          1741.3          4841.9           590.5            18.4
Area Sources............................................            26.3            50.5            50.1            38.8           255.9             4.2
Nonroad Sources.........................................            15.0            15.9            17.2           437.9            86.6             0.2
Mobile Sources..........................................             9.9            10.4             2.1           274.3           172.5             4.7
                                                         -----------------------------------------------------------------------------------------------
    Totals..............................................           997.8          1213.8          1810.9          5592.9          1105.6            27.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA has reviewed the procedures and methodologies used by ACHD for 
the 2007 base year emissions inventory submitted as part of the June 
21, 2013 SIP revision and finds the inventory approvable. Further 
analysis of the emissions inventory development can be found in 
technical support document (TSD) dated August 12, 2015 included as part 
of the docket for this rulemaking action.

B. Transportation Conformity Insignificance Determinations

    Transportation conformity is required under section 176(c) of the 
CAA to ensure that federally supported highway, transit projects, and 
other activities are consistent with (conform to) the purpose of the 
SIP. The CAA requires federal actions in nonattainment and maintenance 
areas to ``conform to'' the goals of SIP. This means that such actions 
will not cause or contribute to violations of a NAAQS; worsen the 
severity of an existing violation; or delay timely attainment of any 
NAAQS or any interim milestone. Actions involving Federal Highway 
Administration (FHWA) or Federal Transit Administration (FTA) funding 
or approval are subject to the Transportation Conformity Rule (40 CFR 
part 93, subpart A). Under this rule, metropolitan planning 
organizations (MPOs) in nonattainment and maintenance areas coordinate 
with state air quality and transportation agencies, EPA, FHWA, and FTA 
to demonstrate that their metropolitan transportation plans and 
transportation improvement plans (TIPs) conform to applicable SIPs. 
This is typically determined by showing that estimated emissions from 
existing and planned highway and transit systems are less than or equal 
to the motor vehicle emissions budgets (MVEBs) contained in a SIP.
    For MVEBs to be approvable, they must meet, at a minimum, EPA's 
adequacy criteria found at 40 CFR 93.118(e)(4). However, the 
Transportation Conformity Rule at 40 CFR 93.109(f) allows areas to 
forgo establishment of a budget(s) where it is demonstrated that 
regional motor vehicle emissions for a particular pollutant or 
precursor pollutant are an insignificant contributor to the air quality 
problem in the area. The general criteria for insignificance 
determinations per 40 CFR 93.109(f) are based on a number of factors, 
including: (1) The percentage of motor vehicle emissions in context of 
the total SIP inventory; (2) the current state of air quality as 
determined by monitoring data for that NAAQS; (3) the absence of SIP 
motor vehicle control measures; and (4) historical trends and future 
projections of the growth of motor vehicle emissions in the area.
    The Liberty-Clairton's attainment demonstration for the 2006 24-
hour PM2.5 NAAQS submitted by the

[[Page 59618]]

Commonwealth of Pennsylvania, on behalf of Allegheny County, includes a 
request for EPA to make insignificance findings for NOX and 
directly emitted PM2.5 for the Area for both the 1997 annual 
and 2006 24-hour PM2.5 NAAQS. Pursuant to Section 
93.118(e)(4) and 93.109(f) of the Transportation Conformity Rule, EPA 
has reviewed the Commonwealth of Pennsylvania's justification for the 
findings of insignificance for direct PM2.5 and also for 
NOX as a precursor of PM2.5 in the Liberty-
Clairton Area for both the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. EPA agrees with Pennsylvania's conclusion that 
on-road emissions of PM2.5 and NOX in the 
Liberty-Clairton Area are insignificant for transportation conformity 
purposes for both NAAQS.
    EPA bases these findings on several factors: (1) The fact that the 
motor vehicle emissions constitute a low percentage of the total SIP 
inventory. In particular, for the 2007 base year, the direct PM onroad 
mobile source constitutes 0.99 percent (%) of the Liberty-Clairton 
Area's total PM2.5 emissions and decreases in the later 
analysis year to 0.88% (2014). For the 2007 base year, the 
NOX onroad mobile source constitutes 4.9% of the Area's 
total NOX emissions and decreases in the later analysis year 
to 3.07% (2014); (2) The fact that the Liberty-Clairton Area has been 
determined to attain the 1997 annual PM2.5 standard (October 
25, 2013, 78 FR 63881) and the 2006 24-hour PM2.5 standard 
(July 10, 2015, 80 FR 39696), and continues to attain the standards 
with the most recent three years of complete, quality-assured 
monitoring data; (3) The absence of local on-road control measures; and 
(4) The continued downward trend, historically and in modeled future 
projections, of on-road NOX and PM2.5 emissions.
    With regard to on-road emissions of SO2, VOC, and 
ammonia, Allegheny County did not provide an insignificance 
demonstration because it concluded, consistent with EPA's presumptions 
regarding these PM2.5 precursors, that the emissions of 
these precursors from motor vehicles are not significant contributors 
to the Liberty-Clairton Area's PM2.5 air quality problem. 
Therefore, EPA finds adequate, and is also approving as SIP revision, 
Pennsylvania's insignificance determinations for the Liberty-Clairton 
Area with respect both the 1997 annual and 2006 24-hour 
PM2.5 standards. Additional information pertaining to the 
review of the motor vehicle emission inventories can be found in the 
TSD dated August 27, 2015, as part of the docket for this final 
rulemaking action.
    In this direct final rulemaking action, EPA is initiating the 
process for determining whether or not the motor vehicle emission 
inventories are adequate for transportation conformity purposes. The 
publication of this document starts a 30-day public comment period on 
the adequacy of the submitted motor vehicle emission inventories. This 
comment period is concurrent with the comment period on this direct 
final rulemaking action. Any comments on the motor vehicle emission 
inventories should be submitted to the docket for this rulemaking. The 
public can find the posting of these motor vehicle emissions 
inventories on EPA's adequacy Web page (http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy of the motor 
vehicle emission inventories as well as the approval of the findings of 
insignificance will become effective upon the effective date of this 
direct final rulemaking action. Upon the effective date of this direct 
final rulemaking action, the Liberty-Clairton Area is no longer 
required to perform a regional emissions analysis for directly emitted 
PM2.5, or NOX, as part of future PM2.5 
conformity determinations for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS.

III. Final Action

    EPA is approving as a revision to the Pennsylvania SIP the Liberty-
Clairton Area's 2007 base year emissions inventory for the 2006 24-hour 
PM2.5 NAAQS submitted as part of the June 21, 2013 SIP 
revision. EPA finds that the 2007 base year emissions inventory 
satisfies the requirements of 40 CFR 51.1008 and section 172(c)(3) of 
the CAA for the 2006 24-hour PM2.5 NAAQS for the Liberty-
Clairton Area. EPA finds adequate and is also approving as a revision 
to the SIP Pennsylvania's determinations for both the 1997 annual and 
2006 24-hour PM2.5 standards that onroad emissions of 
PM2.5 and NOX are insignificant contributors to 
PM2.5 concentrations in the Liberty-Clairton Area for 
transportation conformity purposes, as submitted as part of the July 
31, 2014 supplemental SIP revision. Upon the effective date of this 
direct final rulemaking action, the Liberty-Clairton Area is no longer 
required to perform a regional emissions analysis for directly emitted 
PM2.5, or NOX, as part of future PM2.5 
conformity determinations for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS.
    EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on December 1, 2015 without further notice 
unless EPA receives adverse comment by November 2, 2015. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National

[[Page 59619]]

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 December 1, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action. This action, approving the 2007 base year emissions 
inventory for the Liberty-Clairton Area with respect the 2006 24-hour 
PM2.5 NAAQS and the transportation conformity insignificance 
findings for the Liberty-Clairton Area with respect the 1997 annual and 
2006 24-hour PM2.5 NAAQS, may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: September 16, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
an entry for the 2007 Base Year Emissions Inventory for the 2006 
PM2.5 NAAQS for the Liberty-Clairton PM2.5 
Nonattainment Area at the end of the table to reads as follows:


Sec.  52.2020  Identification of plan.

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

[[Page 59620]]



----------------------------------------------------------------------------------------------------------------
Name of  non-regulatory  SIP                                       State        EPA approval       Additional
          revision              Applicable geographic area    submittal date        date          explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2007 Base Year Emissions      Liberty-Clairton PM2.5                 6/21/13  10/2/15 [Insert  .................
 Inventory for the 2006        Nonattainment Area.                             Federal
 PM2.5 NAAQS.                                                                  Register
                                                                               citation].
----------------------------------------------------------------------------------------------------------------

* * * * *

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


Sec.  52.2036  Base year emissions inventory.

* * * * *
    (y) EPA approves as a revision to the Pennsylvania State 
Implementation Plan the 2007 base year emissions inventory for the 
Liberty-Clairton 2006 24-hour PM2.5 nonattainment area 
submitted by the Pennsylvania Department of Environmental Protection, 
on behalf of Allegheny County Health Department, on June 21, 2013. 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, 
NOX, VOCs, NH3, and SO2.

[FR Doc. 2015-24877 Filed 10-1-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                     Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations                                        59615

                                                  [FR Doc. 2015–25037 Filed 10–1–15; 8:45 am]             and inform the public that the rule will              information whose disclosure is
                                                  BILLING CODE 6560–50–P                                  not take effect.                                      restricted by statute. Certain other
                                                                                                          ADDRESSES: Submit your comments,                      material, such as copyrighted material,
                                                                                                          identified by Docket ID Number EPA–                   is not placed on the Internet and will be
                                                  ENVIRONMENTAL PROTECTION                                R03–OAR–2015–0470 by one of the                       publicly available only in hard copy
                                                  AGENCY                                                  following methods:                                    form. Publicly available docket
                                                                                                             A. www.regulations.gov. Follow the                 materials are available either
                                                  40 CFR Part 52                                                                                                electronically in www.regulations.gov or
                                                                                                          on-line instructions for submitting
                                                  [EPA–R03–OAR–2015–0470; FRL–9934–91–                    comments.                                             in hard copy during normal business
                                                  Region 3]                                                  B. Email: Fernandez.cristina@epa.gov.              hours at the Air Protection Division,
                                                                                                             C. Mail: EPA–R03–OAR–2015–0470,                    U.S. Environmental Protection Agency,
                                                  Approval and Promulgation of Air                        Cristina Fernandez, Associate Director,               Region III, 1650 Arch Street,
                                                  Quality Implementation Plans;                           Office of Air Program Planning,                       Philadelphia, Pennsylvania 19103.
                                                  Commonwealth of Pennsylvania;                           Mailcode 3AP30, U.S. Environmental                    Copies of the State submittal are
                                                  Approval of the Base Year Emissions                     Protection Agency, Region III, 1650                   available at the Pennsylvania
                                                  Inventory for the Liberty-Clairton                      Arch Street, Philadelphia, Pennsylvania               Department of Environmental
                                                  Nonattainment Area for the 2006 24-                     19103.                                                Protection, Bureau of Air Quality
                                                  Hour Fine Particulate Matter Standard                      D. Hand Delivery: At the previously-               Control, P.O. Box 8468, 400 Market
                                                  and Approval of Transportation                          listed EPA Region III address. Such                   Street, Harrisburg, Pennsylvania 17105;
                                                  Conformity Insignificance Findings for                  deliveries are only accepted during the               and at the Allegheny County Health
                                                  the 1997 Annual and 2006 24-Hour Fine                   Docket’s normal hours of operation, and               Department, Bureau of Environmental
                                                  Particulate Matter Standards for the                    special arrangements should be made                   Quality, Division of Air Quality, 301
                                                  Liberty-Clairton Nonattainment Area                     for deliveries of boxed information.                  39th Street, Pittsburgh, Pennsylvania
                                                  AGENCY: Environmental Protection                           Instructions: Direct your comments to              15201.
                                                  Agency (EPA).                                           Docket ID No. EPA–R03–OAR–2015–                       FOR FURTHER INFORMATION CONTACT:
                                                  ACTION: Direct final rule.                              0470. EPA’s policy is that all comments               Emlyn Vélez-Rosa, (215) 814–2038, or
                                                                                                          received will be included in the public               by email at velez-rosa.emlyn@epa.gov.
                                                  SUMMARY:    The Environmental Protection                docket without change, and may be                     SUPPLEMENTARY INFORMATION: On June
                                                  Agency (EPA) is taking direct final                     made available online at                              21, 2013, the Commonwealth
                                                  action to approve two revisions to the                  www.regulations.gov, including any                    Pennsylvania submitted, on behalf of
                                                  Commonwealth of Pennsylvania                            personal information provided, unless                 Allegheny County, a formal revision to
                                                  (Pennsylvania) State Implementation                     the comment includes information                      its SIP. The SIP revision consisted of the
                                                  Plan (SIP). The first revision consists of              claimed to be Confidential Business                   2006 24-hour PM2.5 NAAQS attainment
                                                  the 2007 base year emissions inventory                  Information (CBI) or other information                plan for the Liberty-Clairton Area,
                                                  for the Liberty-Clairton nonattainment                  whose disclosure is restricted by statute.            which included among other things, an
                                                  area (hereafter ‘‘the Liberty-Clairton                  Do not submit information that you                    attainment demonstration, a 2007 base
                                                  Area’’ or ‘‘the Area’’) with respect the                consider to be CBI, or otherwise                      year emissions inventory, a reasonably
                                                  2006 24-hour fine particulate matter                    protected, through www.regulations.gov                available control measures (RACM)
                                                  (PM2.5) National Ambient Air Quality                    or email. The www.regulations.gov Web                 analysis, and a description of
                                                  Standard (NAAQS or standard). The                       site is an ‘‘anonymous access’’ system,               contingency measures. On July 31, 2014,
                                                  second revision consists of                             which means EPA will not know your                    the SIP revision was supplemented to
                                                  insignificance findings for the mobile                  identity or contact information unless                include additional information
                                                  source contribution of PM2.5 and                        you provide it in the body of your                    regarding control measures as part of the
                                                  nitrogen oxides (NOX) emissions for the                 comment. If you send an email                         attainment demonstration and
                                                  Liberty-Clairton Area for both the 1997                 comment directly to EPA without going                 insignificance findings for
                                                  annual and 2006 24-hour PM2.5                           through www.regulations.gov, your                     transportation conformity purposes for
                                                  standards. EPA is approving the 2007                    email address will be automatically                   both the 1997 and 2006 24-hour PM2.5
                                                  base year emissions inventory for the                   captured and included as part of the                  NAAQS.
                                                  Liberty-Clairton Area for the 2006 24-                  comment that is placed in the public                     Today’s action only pertains to the
                                                  hour PM2.5 NAAQS. Furthermore, EPA                      docket and made available on the                      approval of the 2007 base year
                                                  is finding the motor vehicle emission                   Internet. If you submit an electronic                 emissions inventory to satisfy the
                                                  inventories adequate for transportation                 comment, EPA recommends that you                      requirement of section 172(c)(3) of the
                                                  conformity purposes and is approving                    include your name and other contact                   CAA and the transportation conformity
                                                  the insignificance findings for the                     information in the body of your                       insignificance findings to satisfy EPA’s
                                                  mobile source contribution of PM2.5 and                 comment and with any disk or CD–ROM                   requirements at 40 CFR 93.118(e)(4) and
                                                  NOX emissions for the Liberty-Clairton                  you submit. If EPA cannot read your                   40 CFR 93.109(f).
                                                  Area for both the 1997 annual and 2006                  comment due to technical difficulties
                                                  24-hour PM2.5 standards. EPA is                         and cannot contact you for clarification,             I. Background
                                                  approving these revisions in accordance                 EPA may not be able to consider your                     On July 16, 1997, EPA established an
                                                  with the requirements of the Clean Air                  comment. Electronic files should avoid                annual PM2.5 NAAQS at 15.0
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                                                  Act (CAA).                                              the use of special characters, any form               micrograms per cubic meter (mg/m3)
                                                  DATES: This rule is effective on                        of encryption, and be free of any defects             (hereafter referred to as ‘‘the 1997
                                                  December 1, 2015 without further                        or viruses.                                           annual PM2.5 NAAQS’’), based on a 3-
                                                  notice, unless EPA receives adverse                        Docket: All documents in the                       year average of annual mean PM2.5
                                                  written comment by November 2, 2015.                    electronic docket are listed in the                   concentrations (62 FR 38652, July 18,
                                                  If EPA receives such comments, it will                  www.regulations.gov index. Although                   1997). At that time, EPA also
                                                  publish a timely withdrawal of the                      listed in the index, some information is              established a 24-hour standard of 65 mg/
                                                  direct final rule in the Federal Register               not publicly available, i.e., CBI or other            m3 (hereafter referred to as ‘‘the 1997


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                                                  59616              Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations

                                                  24-hour PM2.5 NAAQS’’). See 40 CFR                         A nonattainment designation under                   PM2.5 NAAQS in a timely and effective
                                                  50.7. The 1997 PM2.5 standards were                     the CAA triggers additional planning                   fashion in order to meet statutory
                                                  based on significant evidence and                       requirements for states to show                        obligations under the CAA and to assure
                                                  numerous health studies demonstrating                   attainment of the NAAQS in the                         the protection of public health intended
                                                  that serious health effects are associated              nonattainment areas by a statutory                     by those NAAQS.
                                                  with exposures to particulate matter.                   attainment date, as specified in the                      The statutory provisions in subpart 4
                                                    On January 5, 2005 (70 FR 944), EPA                   CAA. Since 2005, EPA had                               require EPA, among other things, to
                                                  published its nonattainment area                        implemented the 1997 and 2006 PM2.5                    classify nonattainment areas for the
                                                  designations for the 1997 annual PM2.5                  NAAQS based on the general                             PM2.5 NAAQS based on the severity of
                                                  NAAQS based upon air quality                            implementation provisions of subpart 1                 their pollution problem. Under EPA’s
                                                  monitoring data for calendar years                      of Part D of Title I of the CAA (subpart               prior approach to implementing the
                                                  2001–2003. These designations,                          1). On January 4, 2013, in Natural                     1997 annual and 2006 24-hour PM2.5
                                                  effective on April 5, 2005, included the                Resources Defense Council v. EPA                       standards according to subpart 1, EPA
                                                  Liberty-Clairton Area as a                              (NRDC v. EPA), the DC Circuit                          was not required to, and thus did not,
                                                  nonattainment area. The Liberty-                        determined that EPA should be                          identify any classifications for areas
                                                  Clairton Area for the 1997 annual PM2.5                 implementing its PM2.5 pollution                       designated nonattainment. In contrast,
                                                  NAAQS is comprised of the following                     standard under additional CAA                          subpart 4 of the CAA, at section 188,
                                                  portion of Allegheny County: The                        requirements than those EPA had been                   provides that all areas designated
                                                  boroughs of Lincoln, Glassport, Liberty,                following in subpart 1 and remanded to                 nonattainment are initially classified
                                                  and Port Vue and the City of Clairton.                  EPA the ‘‘Final Clean Air Fine Particle                ‘‘by operation of law’’ as ‘‘Moderate’’
                                                  See 40 CFR 81.339 (Pennsylvania). The                   Implementation Rule’’ (1997 PM2.5                      nonattainment areas, and they remain
                                                  Liberty-Clairton Area is surrounded by,                 Implementation Rule) (72 FR 20586,                     classified as Moderate nonattainment
                                                  but separate and distinct from, the                     April 25, 2007) and the                                areas unless and until EPA later
                                                  Pittsburgh-Beaver Valley PM2.5                          ‘‘Implementation of the New Source                     reclassifies them as Serious
                                                  nonattainment area.                                     Review (NSR) Program for Particulate                   nonattainment areas or EPA determines
                                                    On September 21, 2006, EPA retained                   Matter Less than 2.5 Micrometers                       that an area has not attained the PM2.5
                                                  the 1997 annual PM2.5 NAAQS at 15.0                     (PM2.5)’’ final rule (2008 NSR PM2.5                   NAAQS by the area’s applicable
                                                  mg/m3 (hereby ‘‘the 2006 annual PM2.5                   Rule).1 706 F.3d 428 (D.C. Cir. 2013).                 attainment date.
                                                                                                          The DC Circuit found that the EPA erred                   On April 25, 2014, EPA finalized a
                                                  NAAQS’’) based on a 3-year average of
                                                                                                          in implementing the 1997 annual PM2.5                  rule identifying the classification of all
                                                  annual mean PM2.5 concentrations, and
                                                                                                          NAAQS solely pursuant to subpart 1,                    PM2.5 areas currently designated
                                                  promulgated a new 24-hour standard of
                                                                                                          without consideration of the particulate               nonattainment for the 1997 annual and
                                                  35 mg/m3 (hereafter ‘‘the 2006 24-hour                                                                         2006 24-hour PM2.5 NAAQS as
                                                  PM2.5 NAAQS’’) based on a 3-year                        matter specific provisions of subpart 4
                                                                                                          of Part D of Title I of the CAA (subpart               ‘‘Moderate,’’ consistent with subpart 4
                                                  average of the 98th percentile of 24-hour                                                                      of the CAA. See 79 FR 31566 (June 2,
                                                  concentrations (71 FR 61144, October                    4).
                                                                                                             While the regulatory provisions of                  2014). Consequently, the Liberty-
                                                  17, 2006). The revised 2006 24-hour                                                                            Clairton Area was classified as Moderate
                                                                                                          EPA’s 1997 PM2.5 Implementation Rule
                                                  PM2.5 standard became effective on                                                                             for the 1997 annual and 2006 24-hour
                                                                                                          do not explicitly apply to the 2006 24-
                                                  December 18, 2006. See 40 CFR 50.13.                                                                           PM2.5 NAAQS.
                                                                                                          hour PM2.5 NAAQS, EPA’s underlying
                                                  The more stringent 2006 24-hour PM2.5                                                                             On July 10, 2015 (80 FR 39696), EPA
                                                                                                          statutory interpretation has been the
                                                  NAAQS is based on significant evidence                                                                         determined that the Liberty-Clairton
                                                                                                          same for both standards. On March 2,
                                                  and numerous health studies                                                                                    Area had attained the 2006 24-hour
                                                                                                          2012, EPA provided implementation
                                                  demonstrating that serious health effects                                                                      PM2.5 NAAQS, based on quality-assured
                                                                                                          guidance for the 2006 24-hour PM2.5
                                                  are associated with short-term                                                                                 and certified ambient air quality data for
                                                                                                          NAAQS which reaffirmed and
                                                  exposures to PM2.5 at this level.                                                                              the 2012–2014 monitoring period. This
                                                                                                          continued the framework and policy
                                                     Many petitioners challenged aspects                                                                         ‘‘clean data determination’’ suspended
                                                                                                          approaches of the 1997 PM2.5
                                                  of EPA’s 2006 revisions to the PM2.5                                                                           Pennsylvania’s obligations to submit for
                                                                                                          Implementation Rule. On June 6, 2013,
                                                  NAAQS. See American Farm Bureau                                                                                the Liberty-Clairton Area an attainment
                                                                                                          EPA withdrew the implementation
                                                  Federation and National Pork Producers                                                                         demonstration, reasonably available
                                                                                                          guidance for the 2006 24-hour PM2.5
                                                  Council, et al. v. EPA, 559 F.3d 512                                                                           control measures (RACM), reasonable
                                                                                                          NAAQS, subsequent to the DC Circuit’s
                                                  (D.C. Cir. 2009). As a result of this                                                                          further progress (RFP), and contingency
                                                                                                          decision in NRDC v. EPA.2
                                                  challenge, the U.S. Court of Appeals for                   Although the DC Circuit declined to                 measures for the 2006 24-hour PM2.5
                                                  the District of Columbia Circuit (DC                    establish a deadline for EPA’s response,               NAAQS pursuant to subparts 1 and 4 of
                                                  Circuit) remanded the 2006 annual                       EPA intends to respond promptly to the                 the CAA, for so long as the Area
                                                  PM2.5 NAAQS to EPA for further                          Court’s remand and to promulgate new                   continues to attain the standard.
                                                  proceedings. The 2006 24-hour PM2.5                     generally applicable implementation                       EPA incorporated its Clean Data
                                                  NAAQS was not affected by the remand                    regulations for the PM2.5 NAAQS in                     Policy interpretation in both its 8-Hour
                                                  and remains in effect.                                  accordance with the requirements of                    Ozone Implementation Rule in 40 CFR
                                                    On November 13, 2009, EPA                             subparts 1 and 4. In the interim,                      51.918 and in its 1997 PM2.5
                                                  published designations for the 2006 24-                 however, states and EPA still need to                  Implementation Rule in 40 CFR
                                                  hour PM2.5 NAAQS (74 FR 58688).                         proceed with implementation of the                     51.1004(c). See 72 FR 20585, 20665
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                                                  These designations, effective on                                                                               (April 25, 2007). While the DC Circuit
                                                  December 14, 2009, included the                           1 EPA’s 2008 NSR PM
                                                                                                                                    2.5 Rule relates to
                                                                                                                                                                 in its January 4, 2013 decision
                                                  Liberty-Clairton Area as a                              requirements for the NSR permitting program            remanded the 1997 PM2.5
                                                  nonattainment area for the 2006 24-hour                 required by parts C and D of title I of the CAA. The   Implementation Rule, the Court did not
                                                  PM2.5 NAAQS, retaining the same                         details and provisions of the 2008 NSR PM2.5 Rule      address the merits of that regulation
                                                                                                          are not relevant to this rulemaking.
                                                  geographical boundaries as for the 1997                   2 EPA’s June 6, 2013 withdrawal memorandum is        regarding our Clean Data Policy in 40
                                                  annual PM2.5 NAAQS. See 40 CFR                          available at http://www.epa.gov/ttn/naaqs/pm/pdfs/     CFR 51.1004(c), nor cast any doubt on
                                                  81.339 (Pennsylvania).                                  implementationguidancewithdrawmemo.pdf.                EPA’s existing interpretation of the


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                                                                           Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations                                                       59617

                                                  statutory provisions for the Clean Data                              (ACHD), as part of the June 21, 2013 SIP              general source categories of point
                                                  Policy.3                                                             revision to demonstrate attainment of                 sources, area sources, non-road mobile
                                                    After EPA’s final clean data                                       the 2006 24-hour PM2.5 NAAQS for the                  sources, and on-road mobile sources.
                                                  determination for the Liberty-Clairton                               Liberty-Clairton Area. The June 21, 2013              The pollutants that comprise the
                                                  Area for the 2006 24-hour PM2.5                                      SIP revision was amended on July 31,                  inventory are NOX, volatile organic
                                                  NAAQS, effective on August 10, 2015,                                 2015 to include, among other things, the              compounds (VOC), PM2.5, coarse
                                                  the only pending statutory requirement                               transportation conformity insignificance              particles (PM10), ammonia, and sulfur
                                                  for the Area relates to emissions                                    findings for both the 1997 annual and                 dioxide (SO2). ACHD selected 2007 as
                                                  inventories pursuant to section 172(c)(3)                            2006 24-hour PM2.5 NAAQS. In this                     the base year for the emissions
                                                  of subpart 1 of the CAA. Specifically,                               rulemaking action, EPA is only acting                 inventory, in accordance with 40 CFR
                                                  section 172(c)(3) of the CAA requires                                on the portions of the submittals                     51.1008(b).
                                                  states to submit a comprehensive,                                    corresponding to the 2007 base year                     The 2007 emissions inventory
                                                  accurate, and current inventory of actual                            emissions inventory and the                           submitted is the most current accurate
                                                  emissions for each nonattainment area.                               transportation conformity insignificance              and comprehensive actual emissions
                                                  EPA’s requirements for an emissions                                  findings. A brief summary of the SIP                  inventory of direct PM2.5, PM10, NOX,
                                                  inventory for the PM2.5 NAAQS are set                                revisions is provided in this section.                SO2, VOC, and ammonia for the Liberty-
                                                  forth in 40 CFR 51.1008.                                                                                                   Clairton Area with respect the 2006 24-
                                                                                                                       A. Base Year Emissions Inventory
                                                                                                                                                                             hour PM2.5 NAAQS. The actual
                                                  II. Summary of SIP Revision                                            The 2007 base year emissions                        emissions were estimated based on
                                                    As discussed earlier, the Liberty-                                 inventory for the Liberty-Clairton Area               pollutant emission factors and
                                                  Clairton’s base year emissions inventory                             intends to satisfy the requirements of                throughputs or capacities of each
                                                  was submitted by Pennsylvania                                        section 172(c)(4) of the CAA for the                  emission source. A summary of the
                                                  Department of the Environmental                                      2006 24-hour PM2.5 NAAQS. The 2007                    Liberty-Clairton’s 2007 base year
                                                  Protection (PADEP), on behalf of                                     base year emissions inventory includes                emissions inventory is provided in
                                                  Allegheny County Health Department                                   emissions estimates that cover the                    Table 1.

                                                     TABLE 1—2007 BASE YEAR EMISSIONS INVENTORY FOR THE LIBERTY-CLAIRTON AREA FOR THE 2006 24-HOUR PM2.5
                                                                                                  NAAQS
                                                                                                                                           [Tons/Year]

                                                                                                                      PM2.5               PM10                  SO2             NOX               VOC              Ammonia

                                                  Point Sources ...........................................                  946.6            1136.9              1741.3          4841.9               590.5               18.4
                                                  Area Sources ...........................................                    26.3              50.5                50.1            38.8               255.9                4.2
                                                  Nonroad Sources .....................................                       15.0              15.9                17.2           437.9                86.6                0.2
                                                  Mobile Sources ........................................                      9.9              10.4                 2.1           274.3               172.5                4.7

                                                        Totals ................................................              997.8            1213.8              1810.9          5592.9             1105.6                27.5



                                                    EPA has reviewed the procedures and                                worsen the severity of an existing                    adequacy criteria found at 40 CFR
                                                  methodologies used by ACHD for the                                   violation; or delay timely attainment of              93.118(e)(4). However, the
                                                  2007 base year emissions inventory                                   any NAAQS or any interim milestone.                   Transportation Conformity Rule at 40
                                                  submitted as part of the June 21, 2013                               Actions involving Federal Highway                     CFR 93.109(f) allows areas to forgo
                                                  SIP revision and finds the inventory                                 Administration (FHWA) or Federal                      establishment of a budget(s) where it is
                                                  approvable. Further analysis of the                                  Transit Administration (FTA) funding                  demonstrated that regional motor
                                                  emissions inventory development can                                  or approval are subject to the                        vehicle emissions for a particular
                                                  be found in technical support document                               Transportation Conformity Rule (40 CFR                pollutant or precursor pollutant are an
                                                  (TSD) dated August 12, 2015 included                                 part 93, subpart A). Under this rule,                 insignificant contributor to the air
                                                  as part of the docket for this rulemaking                            metropolitan planning organizations                   quality problem in the area. The general
                                                  action.                                                              (MPOs) in nonattainment and                           criteria for insignificance
                                                                                                                       maintenance areas coordinate with state               determinations per 40 CFR 93.109(f) are
                                                  B. Transportation Conformity
                                                                                                                       air quality and transportation agencies,              based on a number of factors, including:
                                                  Insignificance Determinations
                                                                                                                       EPA, FHWA, and FTA to demonstrate                     (1) The percentage of motor vehicle
                                                     Transportation conformity is required                             that their metropolitan transportation                emissions in context of the total SIP
                                                  under section 176(c) of the CAA to                                   plans and transportation improvement                  inventory; (2) the current state of air
                                                  ensure that federally supported                                      plans (TIPs) conform to applicable SIPs.              quality as determined by monitoring
                                                  highway, transit projects, and other                                 This is typically determined by showing               data for that NAAQS; (3) the absence of
                                                  activities are consistent with (conform                              that estimated emissions from existing                SIP motor vehicle control measures; and
                                                  to) the purpose of the SIP. The CAA                                  and planned highway and transit                       (4) historical trends and future
                                                  requires federal actions in                                          systems are less than or equal to the                 projections of the growth of motor
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                                                  nonattainment and maintenance areas to                               motor vehicle emissions budgets                       vehicle emissions in the area.
                                                  ‘‘conform to’’ the goals of SIP. This                                (MVEBs) contained in a SIP.                             The Liberty-Clairton’s attainment
                                                  means that such actions will not cause                                 For MVEBs to be approvable, they                    demonstration for the 2006 24-hour
                                                  or contribute to violations of a NAAQS;                              must meet, at a minimum, EPA’s                        PM2.5 NAAQS submitted by the
                                                    3 EPA addressed the effects of a final                             hour PM2.5 moderate nonattainment area under          the Area’s determination of attainment. See 80 FR
                                                  determination of attainment under the Clean Data                     subpart 4 in the notice of proposed rulemaking for    22666 (April 23, 2015).
                                                  Policy for the Liberty-Clairton Area as a 2006 24-



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                                                  59618              Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations

                                                  Commonwealth of Pennsylvania, on                           In this direct final rulemaking action,            However, in the ‘‘Proposed Rules’’
                                                  behalf of Allegheny County, includes a                  EPA is initiating the process for                     section of today’s Federal Register, EPA
                                                  request for EPA to make insignificance                  determining whether or not the motor                  is publishing a separate document that
                                                  findings for NOX and directly emitted                   vehicle emission inventories are                      will serve as the proposal to approve the
                                                  PM2.5 for the Area for both the 1997                    adequate for transportation conformity                SIP revision if adverse comments are
                                                  annual and 2006 24-hour PM2.5 NAAQS.                    purposes. The publication of this                     filed. This rule will be effective on
                                                  Pursuant to Section 93.118(e)(4) and                    document starts a 30-day public                       December 1, 2015 without further notice
                                                  93.109(f) of the Transportation                         comment period on the adequacy of the                 unless EPA receives adverse comment
                                                  Conformity Rule, EPA has reviewed the                   submitted motor vehicle emission                      by November 2, 2015. If EPA receives
                                                  Commonwealth of Pennsylvania’s                          inventories. This comment period is                   adverse comment, EPA will publish a
                                                  justification for the findings of                       concurrent with the comment period on                 timely withdrawal in the Federal
                                                  insignificance for direct PM2.5 and also                this direct final rulemaking action. Any              Register informing the public that the
                                                  for NOX as a precursor of PM2.5 in the                  comments on the motor vehicle                         rule will not take effect. EPA will
                                                  Liberty-Clairton Area for both the 1997                 emission inventories should be                        address all public comments in a
                                                  annual and 2006 24-hour PM2.5 NAAQS.                    submitted to the docket for this                      subsequent final rule based on the
                                                  EPA agrees with Pennsylvania’s                          rulemaking. The public can find the                   proposed rule. EPA will not institute a
                                                  conclusion that on-road emissions of                    posting of these motor vehicle emissions              second comment period on this action.
                                                  PM2.5 and NOX in the Liberty-Clairton                   inventories on EPA’s adequacy Web                     Any parties interested in commenting
                                                  Area are insignificant for transportation               page (http://www.epa.gov/otaq/                        must do so at this time.
                                                  conformity purposes for both NAAQS.                     stateresources/transconf/
                                                     EPA bases these findings on several                                                                        IV. Statutory and Executive Order
                                                                                                          adequacy.htm). The adequacy of the
                                                  factors: (1) The fact that the motor                                                                          Reviews
                                                                                                          motor vehicle emission inventories as
                                                  vehicle emissions constitute a low                      well as the approval of the findings of   A. General Requirements
                                                  percentage of the total SIP inventory. In               insignificance will become effective         Under the CAA, the Administrator is
                                                  particular, for the 2007 base year, the                 upon the effective date of this direct    required to approve a SIP submission
                                                  direct PM onroad mobile source                          final rulemaking action. Upon the         that complies with the provisions of the
                                                  constitutes 0.99 percent (%) of the                     effective date of this direct final       CAA and applicable Federal regulations.
                                                  Liberty-Clairton Area’s total PM2.5                     rulemaking action, the Liberty-Clairton   42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                  emissions and decreases in the later                    Area is no longer required to perform a   Thus, in reviewing SIP submissions,
                                                  analysis year to 0.88% (2014). For the                  regional emissions analysis for directly  EPA’s role is to approve state choices,
                                                  2007 base year, the NOX onroad mobile                   emitted PM2.5, or NOX, as part of future  provided that they meet the criteria of
                                                  source constitutes 4.9% of the Area’s                   PM2.5 conformity determinations for the   the CAA. Accordingly, this action
                                                  total NOX emissions and decreases in                    1997 annual and 2006 24-hour PM2.5        merely approves state law as meeting
                                                  the later analysis year to 3.07% (2014);                NAAQS.                                    Federal requirements and does not
                                                  (2) The fact that the Liberty-Clairton                                                            impose additional requirements beyond
                                                  Area has been determined to attain the                  III. Final Action
                                                                                                                                                    those imposed by state law. For that
                                                  1997 annual PM2.5 standard (October 25,                    EPA is approving as a revision to the
                                                                                                                                                    reason, this action:
                                                  2013, 78 FR 63881) and the 2006 24-                     Pennsylvania SIP the Liberty-Clairton        • Is not a ‘‘significant regulatory
                                                  hour PM2.5 standard (July 10, 2015, 80                  Area’s 2007 base year emissions           action’’ subject to review by the Office
                                                  FR 39696), and continues to attain the                  inventory for the 2006 24-hour PM2.5      of Management and Budget under
                                                  standards with the most recent three                    NAAQS submitted as part of the June       Executive Order 12866 (58 FR 51735,
                                                  years of complete, quality-assured                      21, 2013 SIP revision. EPA finds that the October 4, 1993);
                                                  monitoring data; (3) The absence of                     2007 base year emissions inventory           • does not impose an information
                                                  local on-road control measures; and (4)                 satisfies the requirements of 40 CFR      collection burden under the provisions
                                                  The continued downward trend,                           51.1008 and section 172(c)(3) of the      of the Paperwork Reduction Act (44
                                                  historically and in modeled future                      CAA for the 2006 24-hour PM2.5 NAAQS U.S.C. 3501 et seq.);
                                                  projections, of on-road NOX and PM2.5                   for the Liberty-Clairton Area. EPA finds     • is certified as not having a
                                                  emissions.                                              adequate and is also approving as a       significant economic impact on a
                                                     With regard to on-road emissions of                  revision to the SIP Pennsylvania’s        substantial number of small entities
                                                  SO2, VOC, and ammonia, Allegheny                        determinations for both the 1997 annual under the Regulatory Flexibility Act (5
                                                  County did not provide an                               and 2006 24-hour PM2.5 standards that     U.S.C. 601 et seq.);
                                                  insignificance demonstration because it                 onroad emissions of PM2.5 and NOX are        • does not contain any unfunded
                                                  concluded, consistent with EPA’s                        insignificant contributors to PM2.5       mandate or significantly or uniquely
                                                  presumptions regarding these PM2.5                      concentrations in the Liberty-Clairton    affect small governments, as described
                                                  precursors, that the emissions of these                 Area for transportation conformity        in the Unfunded Mandates Reform Act
                                                  precursors from motor vehicles are not                  purposes, as submitted as part of the     of 1995 (Pub. L. 104–4);
                                                  significant contributors to the Liberty-                July 31, 2014 supplemental SIP revision.     • does not have Federalism
                                                  Clairton Area’s PM2.5 air quality                       Upon the effective date of this direct    implications as specified in Executive
                                                  problem. Therefore, EPA finds adequate,                 final rulemaking action, the Liberty-     Order 13132 (64 FR 43255, August 10,
                                                  and is also approving as SIP revision,                  Clairton Area is no longer required to    1999);
                                                  Pennsylvania’s insignificance                           perform a regional emissions analysis        • is not an economically significant
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                                                  determinations for the Liberty-Clairton                 for directly emitted PM2.5, or NOX, as    regulatory action based on health or
                                                  Area with respect both the 1997 annual                  part of future PM2.5 conformity           safety risks subject to Executive Order
                                                  and 2006 24-hour PM2.5 standards.                       determinations for the 1997 annual and    13045 (62 FR 19885, April 23, 1997);
                                                  Additional information pertaining to the                2006 24-hour PM2.5 NAAQS.                    • is not a significant regulatory action
                                                  review of the motor vehicle emission                       EPA is publishing this rule without    subject to Executive Order 13211 (66 FR
                                                  inventories can be found in the TSD                     prior proposal because EPA views this     28355, May 22, 2001);
                                                  dated August 27, 2015, as part of the                   as a noncontroversial amendment and          • is not subject to requirements of
                                                  docket for this final rulemaking action.                anticipates no adverse comment.           Section 12(d) of the National


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                                                                     Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations                                              59619

                                                  Technology Transfer and Advancement                     cannot take effect until 60 days after it             challenged later in proceedings to
                                                  Act of 1995 (15 U.S.C. 272 note) because                is published in the Federal Register.                 enforce its requirements. (See section
                                                  application of those requirements would                 This action is not a ‘‘major rule’’ as                307(b)(2).)
                                                  be inconsistent with the CAA; and                       defined by 5 U.S.C. 804(2).
                                                     • does not provide EPA with the                                                                            List of Subjects in 40 CFR Part 52
                                                  discretionary authority to address, as                  C. Petitions for Judicial Review                        Environmental protection, Air
                                                  appropriate, disproportionate human                                                                           pollution control, Incorporation by
                                                                                                             Under section 307(b)(1) of the CAA,
                                                  health or environmental effects, using                                                                        reference, Intergovernmental relations,
                                                                                                          petitions for judicial review of this
                                                  practicable and legally permissible                                                                           Nitrogen dioxide, Particulate matter,
                                                                                                          action must be filed in the United States
                                                  methods, under Executive Order 12898                                                                          Sulfur oxides, Volatile organic
                                                                                                          Court of Appeals for the appropriate
                                                  (59 FR 7629, February 16, 1994).                                                                              compounds.
                                                     In addition, this rule does not have                 circuit by December 1, 2015. Filing a
                                                                                                          petition for reconsideration by the                     Dated: September 16, 2015.
                                                  tribal implications as specified by
                                                  Executive Order 13175 (65 FR 67249,                     Administrator of this final rule does not             Shawn M. Garvin,
                                                  November 9, 2000), because the SIP is                   affect the finality of this action for the            Regional Administrator, Region III.
                                                  not approved to apply in Indian country                 purposes of judicial review nor does it
                                                                                                          extend the time within which a petition                   40 CFR part 52 is amended as follows:
                                                  located in the state, and EPA notes that
                                                  it will not impose substantial direct                   for judicial review may be filed, and                 PART 52—APPROVAL AND
                                                  costs on tribal governments or preempt                  shall not postpone the effectiveness of               PROMULGATION OF
                                                  tribal law.                                             such rule or action. Parties with                     IMPLEMENTATION PLANS
                                                                                                          objections to this direct final rule are
                                                  B. Submission to Congress and the                       encouraged to file a comment in                       ■ 1. The authority citation for part 52
                                                  Comptroller General                                     response to the parallel notice of                    continues to read as follows:
                                                    The Congressional Review Act, 5                       proposed rulemaking for this action
                                                                                                                                                                    Authority: 42 U.S.C. 7401 et seq.
                                                  U.S.C. 801 et seq., as added by the Small               published in the proposed rules section
                                                  Business Regulatory Enforcement                         of today’s Federal Register, rather than              Subpart NN—Pennsylvania
                                                  Fairness Act of 1996, generally provides                file an immediate petition for judicial
                                                  that before a rule may take effect, the                 review of this direct final rule, so that             ■ 2. In § 52.2020, the table in paragraph
                                                  agency promulgating the rule must                       EPA can withdraw this direct final rule               (e)(1) is amended by adding an entry for
                                                  submit a rule report, which includes a                  and address the comment in the                        the 2007 Base Year Emissions Inventory
                                                  copy of the rule, to each House of the                  proposed rulemaking action. This                      for the 2006 PM2.5 NAAQS for the
                                                  Congress and to the Comptroller General                 action, approving the 2007 base year                  Liberty-Clairton PM2.5 Nonattainment
                                                  of the United States. EPA will submit a                 emissions inventory for the Liberty-                  Area at the end of the table to reads as
                                                  report containing this action and other                 Clairton Area with respect the 2006 24-               follows:
                                                  required information to the U.S. Senate,                hour PM2.5 NAAQS and the
                                                  the U.S. House of Representatives, and                  transportation conformity insignificance              § 52.2020    Identification of plan.
                                                  the Comptroller General of the United                   findings for the Liberty-Clairton Area                *       *    *      *     *
                                                  States prior to publication of the rule in              with respect the 1997 annual and 2006                     (e) * * *
                                                  the Federal Register. A major rule                      24-hour PM2.5 NAAQS, may not be                           (1) * * *
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                                                  59620              Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations

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


                                                            *                       *                   *                      *                              *                       *                 *
                                                  2007 Base Year             Liberty-Clairton PM2.5 Nonattainment Area .................................          6/21/13     10/2/15 [Insert Fed-
                                                    Emissions Inven-                                                                                                            eral Register cita-
                                                    tory for the 2006                                                                                                           tion].
                                                    PM2.5 NAAQS.



                                                  *     *    *     *     *                                 action is being taken in accordance with                required to be included in SIPs under
                                                  ■ 3. Section 52.2036 is amended by                       section 110 of the Clean Air Act (CAA).                 section 110 of the CAA, most notably
                                                  adding paragraph (y) to read as follows:                 DATES: This final rule is effective on                  additions to the State’s New Source
                                                                                                           November 2, 2015.                                       Performance Standards, National
                                                  § 52.2036   Base year emissions inventory.                                                                       Emissions Standards for Hazardous Air
                                                                                                           ADDRESSES: EPA has established a
                                                  *     *     *     *    *                                                                                         Pollutants and Title V permitting. These
                                                    (y) EPA approves as a revision to the                  docket for this action under Docket
                                                                                                           Identification Number EPA–R08–OAR–                      revisions, on which EPA is not taking
                                                  Pennsylvania State Implementation Plan                                                                           action, are outlined in the cross-walk
                                                  the 2007 base year emissions inventory                   2014–0916. All documents in the docket
                                                                                                           are listed on the http://                               table located in the docket for this
                                                  for the Liberty-Clairton 2006 24-hour                                                                            rulemaking.
                                                  PM2.5 nonattainment area submitted by                    www.regulations.gov index. Although
                                                  the Pennsylvania Department of                           listed in the index, some information                   II. What action is EPA taking?
                                                  Environmental Protection, on behalf of                   may not be publicly available, e.g.,
                                                  Allegheny County Health Department,                      Confidential Business Information or                       EPA is finalizing action on South
                                                  on June 21, 2013. The emissions                          other information whose disclosure is                   Dakota’s July 29, 2013 submittal as
                                                  inventory includes emissions estimates                   restricted by statute. Certain other                    outlined in Section III. of the proposal
                                                  that cover the general source categories                 material, such as copyrighted material,                 published on July 14, 2015, with one
                                                  of point, area, nonroad, and onroad                      will be publicly available only in hard                 exception; EPA’s proposed approval of
                                                  sources. The pollutants that comprise                    copy. Publicly available docket                         South Dakota’s updates to 74:36:05,
                                                  the inventory are PM2.5, NOX, VOCs,                      materials are available either                          ‘‘Operating Permits for Part 70 Sources,’’
                                                  NH3, and SO2.                                            electronically through http://                          as part of its July 14, 2015 action (80 FR
                                                                                                           www.regulations.gov or in hard copy at                  40953). EPA published a notice of
                                                  [FR Doc. 2015–24877 Filed 10–1–15; 8:45 am]
                                                                                                           the Air Program, Environmental                          correction of the proposal on August 24,
                                                  BILLING CODE 6560–50–P
                                                                                                           Protection Agency (EPA), Region 8,                      2015 (80 FR 51152), because CAA Title
                                                                                                           1595 Wynkoop Street, Denver, Colorado                   V requirements are not subject to
                                                  ENVIRONMENTAL PROTECTION                                 80202–1129. EPA requests that you                       Section 110 of the Clean Air Act and are
                                                  AGENCY                                                   contact the individual listed in the FOR                thus not required to be incorporated
                                                                                                           FURTHER INFORMATION CONTACT section to                  into a SIP. Therefore, EPA is not taking
                                                  40 CFR Part 52                                           view the hard copy of the docket. You                   any action on South Dakota’s updates to
                                                                                                           may view the hard copy of the docket                    74:36:05.
                                                  [EPA–R08–OAR–2014–0916; FRL–9934–83–
                                                                                                           Monday through Friday, 8:00 a.m. to
                                                  Region 8]                                                                                                        III. Clarification of January 29, 2015
                                                                                                           4:00 p.m., excluding federal holidays.
                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                   Final Action
                                                  Approval and Promulgation of Air
                                                  Quality Implementation Plans; South                      Adam Clark, Air Program, U.S.                              Under CAA sections 110(a)(1) and (2),
                                                  Dakota; Revisions to South Dakota                        Environmental Protection Agency,                        states are required to submit
                                                  Administrative Code                                      Region 8, Mailcode 8P–AR, 1595                          infrastructure SIPs to ensure their SIPs
                                                                                                           Wynkoop, Denver, Colorado 80202–                        provide for implementation,
                                                  AGENCY:  Environmental Protection                        1129, (303) 312–7104, clark.adam@
                                                  Agency (EPA).                                                                                                    maintenance, and enforcement of the
                                                                                                           epa.gov.                                                National Ambient Air Quality Standards
                                                  ACTION: Final rule.
                                                                                                           SUPPLEMENTARY INFORMATION:                              (NAAQS). On January 29, 2015, EPA
                                                  SUMMARY:   The Environmental Protection                                                                          took final action on the infrastructure
                                                  Agency (EPA) is approving State                          I. Background                                           submittals which addressed several
                                                  Implementation Plan (SIP) revisions                        South Dakota’s July 29, 2013                          different NAAQS from the State of
                                                  submitted by the State of South Dakota                   submittal covers the following rule                     South Dakota (80 FR 4799). As part of
                                                  on July 29, 2013. This SIP submission                    changes: (1) Removal of obsolete                        the January 29, 2015 action, EPA
                                                  revises the Administrative Rules of                      language regarding variance provisions                  approved South Dakota’s 1997 PM2.5
                                                  South Dakota (ARSD) Article 74:36—Air                    and clean units, and renumbering to                     NAAQS interstate transport
                                                  Pollution Control Program. These                         reflect the deletions; and (2) Revisions                infrastructure sub-element (CAA section
                                                  revisions include renumbering,                           to the date of federal regulations                      110(a)(2)(D)(i)(II)). However, EPA had
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                                                  revisions to the date of incorporation by                referenced throughout ARSD Article                      already approved this sub-element in a
                                                  reference of the federal regulations                     74:36 to July 1, 2012. A cross-walk table               final rulemaking on May 8, 2008 (73 FR
                                                  referenced throughout ARSD Article                       that identifies EPA’s action on South                   26019, effective July 7, 2008). Therefore,
                                                  74:36, and removal of obsolete language                  Dakota’s revisions is included in the                   in this action EPA is clarifying that no
                                                  regarding variance provisions and clean                  docket for this rulemaking.                             action was required on this sub-element
                                                  units. EPA is also clarifying a final rule                 South Dakota’s July 29, 2013                          for this NAAQS in the January 29, 2015
                                                  issued on January 29, 2015 pertaining to                 submittal also requests EPA approval of                 approval of CAA section
                                                  South Dakota’s infrastructure SIP. This                  rule revisions for provisions that are not              110(a)(2)(D)(i)(II) for the 1997 PM2.5


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Document Created: 2015-12-15 08:44:50
Document Modified: 2015-12-15 08:44:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on December 1, 2015 without further notice, unless EPA receives adverse written comment by November 2, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
ContactEmlyn V[eacute]lez-Rosa, (215) 814- 2038, or by email at [email protected]
FR Citation80 FR 59615 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Sulfur Oxides and Volatile Organic Compounds

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