80_FR_59815 80 FR 59624 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Pittsburgh-Beaver Valley Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard

80 FR 59624 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Pittsburgh-Beaver Valley Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard

ENVIRONMENTAL PROTECTION AGENCY

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

Page Range59624-59627
FR Document2015-24851

The Environmental Protection Agency (EPA) is approving the Commonwealth of Pennsylvania's request to redesignate to attainment the Pittsburgh Nonattainment Area (Pittsburgh Area or Area) for the 1997 annual and 2006 24-hour fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standard (NAAQS or standard). EPA has determined that the Pittsburgh Area attained both the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS. In addition, EPA is approving as a revision to the Pennsylvania State Implementation Plan (SIP) the associated maintenance plan to show maintenance of the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS through 2025 for the Pittsburgh Area. The maintenance plan includes the 2017 and 2025 PM<INF>2.5</INF> and nitrogen oxides (NO<INF>X</INF>) motor vehicle emissions budgets (MVEBs) for the Pittsburgh Area for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS, which EPA is approving for transportation conformity purposes. Furthermore, EPA is approving the 2007 emissions inventories for the 1997 annual PM<INF>2.5</INF> NAAQS and the 2011 emissions inventories for the 2006 24-hour PM<INF>2.5</INF> NAAQS included in the maintenance plan for the Pittsburgh Area. These actions are being taken under 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 59624-59627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24851]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2015-0029; FRL-9934-82-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation Request and Associated Maintenance Plan for 
the Pittsburgh-Beaver Valley Nonattainment Area for the 1997 Annual and 
2006 24-Hour Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Commonwealth of Pennsylvania's request to redesignate to attainment the 
Pittsburgh Nonattainment Area (Pittsburgh Area or Area) for the 1997 
annual and 2006 24-hour fine particulate matter (PM2.5) 
national ambient air quality standard (NAAQS or standard). EPA has 
determined that the Pittsburgh Area attained both the 1997 annual and 
2006 24-hour PM2.5 NAAQS. In addition, EPA is approving as a 
revision to the Pennsylvania State Implementation Plan (SIP) the 
associated maintenance plan to show maintenance of the 1997 annual and 
2006 24-hour PM2.5 NAAQS through 2025 for the Pittsburgh 
Area. The maintenance plan includes the 2017 and 2025 PM2.5 
and nitrogen oxides (NOX) motor vehicle emissions budgets 
(MVEBs) for the Pittsburgh Area for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS, which EPA is approving for transportation 
conformity purposes. Furthermore, EPA is approving the 2007 emissions 
inventories for the 1997 annual PM2.5 NAAQS and the 2011 
emissions inventories for the 2006 24-hour PM2.5 NAAQS 
included in the maintenance plan for the Pittsburgh Area. These actions 
are being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on October 2, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0029. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 
submittal are available at the Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto at (215) 814-2182, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 22, 2014, the Commonwealth of Pennsylvania, through the 
Pennsylvania Department of Environmental Protection (PADEP), formally 
submitted a request to redesignate the Pittsburgh Area from 
nonattainment to attainment for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. Concurrently, PADEP submitted a maintenance 
plan for the Pittsburgh Area as a SIP revision to ensure continued 
attainment throughout the Pittsburgh Area over the next 10 years. The 
maintenance plan includes the 2017 and 2025 PM2.5 and 
NOX MVEBs for the Area for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS, which EPA is approving for transportation 
conformity purposes. PADEP also submitted 2007 and 2011comprehensive 
emissions inventories that were included in the maintenance plan for 
the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively, 
for NOX, sulfur dioxide (SO2), volatile organic 
compounds (VOC), and ammonia (NH3).
    On May 20, 2015 (80 FR 28906), EPA published a notice of proposed 
rulemaking (NPR) for Pennsylvania. In the NPR, EPA proposed approval of 
Pennsylvania's December 22, 2014 request to redesignate the Pittsburgh 
Area to attainment for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. EPA also proposed approval of the associated 
maintenance plan as a revision to the Pennsylvania SIP for the 1997 
annual and 2006 24-hour PM2.5 NAAQS, which includes the 2017 
and 2025 PM2.5 and NOX MVEBs for both NAAQS, 
which EPA proposed to approve for purposes of transportation 
conformity. In addition, EPA proposed approval of the 2007 and 2011 
emissions inventories included in the Pittsburgh Area's maintenance 
plan for the 1997 annual and 2006 24-hour PM2.5 NAAQS, 
respectively, to meet the emissions inventory requirement of section 
172(c)(3) of the CAA.
    The details of Pennsylvania's submittal and the rationale for EPA's 
proposed actions are explained in the NPR and will not be restated 
here. No adverse public comments were received on the NPR.

II. Final Actions

    EPA is taking final actions on the redesignation request and SIP 
revisions

[[Page 59625]]

submitted on December 22, 2014 by the Commonwealth of Pennsylvania for 
the Pittsburgh Area for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. First, EPA finds that the monitoring data 
demonstrates that the Area has attained the 1997 annual and 2006 24-
hour PM2.5 NAAQS, and continues to attain both NAAQS. 
Second, EPA is approving Pennsylvania's redesignation request for the 
1997 annual and 2006 24-hour PM2.5 NAAQS, because EPA has 
determined that the request meets the redesignation criteria set forth 
in section 107(d)(3)(E) of the CAA for both NAAQS. Approval of this 
redesignation request will change the official designation of the 
Pittsburgh Area from nonattainment to attainment for the 1997 annual 
and 2006 24-hour PM2.5 NAAQS. Third, EPA is approving the 
associated maintenance plan for the Pittsburgh Area as a revision to 
the Pennsylvania SIP for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS because it meets the requirements of section 
175A of the CAA. The maintenance plan includes the 2017 and 2025 
PM2.5 and NOX MVEBs submitted by Pennsylvania for 
the Pittsburgh Area for transportation conformity purposes. In 
addition, EPA is approving the 2007 and the 2011 emissions inventories 
for the Pittsburgh Area as meeting the requirement of section 172(c)(3) 
of the CAA for 1997 annual and 2006 24-hour PM2.5 NAAQS, 
respectively.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this rulemaking action to become effective immediately upon 
publication. A delayed effective date is unnecessary due to the nature 
of a redesignation to attainment, which eliminates CAA obligations that 
would otherwise apply. The immediate effective date for this rulemaking 
action is authorized under both 5 U.S.C. 553(d)(1), which provides that 
rulemaking actions may become effective less than 30 days after 
publication if the rule ``grants or recognizes an exemption or relieves 
a restriction,'' and section 553(d)(3), which allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' The purpose 
of the 30-day waiting period prescribed in section 553(d) is to give 
affected parties a reasonable time to adjust their behavior and prepare 
before the final rule takes effect. Today's rulemaking action, however, 
does not create any new regulatory requirements such that affected 
parties would need time to prepare before the rule takes effect. 
Rather, today's rulemaking action relieves the Commonwealth of 
Pennsylvania of the obligation to comply with nonattainment-related 
planning requirements for the Pittsburgh Area pursuant to part D of the 
CAA and approves certain emissions inventories and MVEBs for the 
Pittsburgh Area. For these reasons, EPA finds good cause under 5 U.S.C. 
553(d) for this rulemaking action to become effective on the date of 
publication.

III. Statutory and Executive Order Reviews

A. General Requirements

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

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by 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. This action, approving the redesignation request and 
maintenance plan for the Pittsburgh Area for the 1997 annual and 2006 
24-hour PM2.5 NAAQS and the comprehensive emissions 
inventories for the Pittsburgh Area for the 1997

[[Page 59626]]

annual and the 2006 24-hour PM2.5 NAAQS, respectively, may 
not be challenged later in proceedings to enforce its requirements. See 
section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: September 17, 2015.
 Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart--NN Pennsylvania


0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
an entry for ``1997 Annual and 2006 24-Hour PM2.5 
Maintenance Plan, and 2007 and 2011 Base Year Emissions Inventories'' 
at the end of the table. The added text reads as follows:


Sec.  52.2020  Identification of plan.

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

----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory SIP        Applicable          State        EPA approval
           revision              geographic area   submittal date        date           Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 Annual and 2006 24-Hour    Pittsburgh-Beaver        12/22/14  10/2/15 [Insert   See Sec.   52.2036(y) and
 PM2.5 Maintenance Plan, and     Valley.                            Federal           Sec.   52.2059(t).
 2007 and 2011 Base Year                                            Register
 Emissions Inventories.                                             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 and 2011 base year emissions inventories 
for the Pittsburgh-Beaver Valley 1997 annual and 2006 24-hour fine 
particulate matter (PM2.5) nonattainment area, respectively, 
submitted by the Pennsylvania Department of Environmental Protection on 
December 22, 2014. The emissions inventories include emissions 
estimates that cover the general source categories of point, area, 
nonroad, and onroad sources. The pollutants that comprise the 
inventories are PM2.5, nitrogen oxides (NOX), 
volatile organic compounds (VOCs), ammonia (NH3), and sulfur 
dioxide (SO2).

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


Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (t) EPA approves the maintenance plan for the Pittsburgh 
nonattainment area for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS submitted by the Commonwealth of Pennsylvania on 
December 22, 2014. The maintenance plan includes the 2017 and 2025 
PM2.5 and NOX motor vehicle emissions budgets 
(MVEBs) to be applied to all future transportation conformity 
determinations and analyses for the Pittsburgh nonattainment area for 
the 1997 annual and 2006 24-hour PM2.5 NAAQS.

  Pittsburgh-Beaver Valley's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS in
                                                  Tons per Year
----------------------------------------------------------------------------------------------------------------
  Type of control strategy SIP         Year            PM2.5            NOX       Effective date of SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan................            2017             700          17,584  October 2, 2015.
                                            2025             537          10,709  October 2, 2015.
----------------------------------------------------------------------------------------------------------------

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

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

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


0
6. Section 81.339 is amended by revising the ``1997 Annual 
PM2.5 NAAQS'' and the ``2006 24-Hour PM2.5 
NAAQS'' tables entry for the Pittsburgh-Beaver Valley, PA to read as 
follows:


Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation \a\                        Classification
          Designated area          -----------------------------------------------------------------------------
                                           Date \1\                 Type             Date \2\          Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Pittsburgh-Beaver Valley, PA:

[[Page 59627]]

 
    Allegheny County (remainder)..  October 2, 2015......  Attainment...........
    Armstrong County (part).......  October 2, 2015......  Attainment...........
Elderton Borough and Plumcreek and
 Washington Townships:
    Beaver County.................  October 2, 2015......  Attainment...........
    Butler County.................  October 2, 2015......  Attainment...........
    Greene County (part)..........  October 2, 2015......  Attainment...........
Monongahela Township:
    Lawrence County (part)........  October 2, 2015......  Attainment...........
Township of Taylor south of New
 Castle City:
    Washington County.............  October 2, 2015......  Attainment...........
    Westmoreland County...........  October 2, 2015......  Attainment...........
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *

                                     Pennsylvania--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation \a\                        Classification
          Designated area          -----------------------------------------------------------------------------
                                           Date \1\                 Type             Date \2\          Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Pittsburgh-Beaver Valley, PA:
    Allegheny County (remainder)..  October 2, 2015......  Attainment...........
    Armstrong County (part).......  October 2, 2015......  Attainment...........
Elderton Borough and Plumcreek and
 Washington Townships:
    Beaver County.................  October 2, 2015......  Attainment...........
    Butler County.................  October 2, 2015......  Attainment...........
    Green County (part)...........  October 2, 2015......  Attainment...........
Monongahela Township:
    Lawrence County (part)........  October 2, 2015......  Attainment...........
Township of Taylor south of New
 Castle City:
    Washington County.............  October 2, 2015......  Attainment...........
    Westmoreland County...........  October 2, 2015......  Attainment...........
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2015-24851 Filed 10-1-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                  59624                    Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations

                                                                                                                                     State effective           EPA approval date and cita-
                                                                 State citation                            Title/subject                                                                           Explanations
                                                                                                                                          date                           tion 1

                                                           *                              *                     *                           *                            *                     *             *
                                                  74:36:21:04 ............................. Visibility impact analysis ........           6/25/2013            10/2/2015, [insert Federal
                                                                                                                                                                 Register citation].
                                                  74:36:21:05 .............................   BART determination ..............           6/25/2013            10/2/2015, [insert Federal
                                                                                                                                                                 Register citation].

                                                           *                              *                   *                             *                            *                     *             *
                                                  74:36:21:09 ............................. Monitoring, recordkeeping,                    6/25/2013            10/2/2015, [insert Federal
                                                                                             and reporting.                                                      Register citation].

                                                                 *                        *                         *                          *                         *                     *             *
                                                      1 In
                                                       order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
                                                  umn for the particular provision.


                                                  *          *       *       *      *                             emissions inventories for the 1997                          NAAQS. Concurrently, PADEP
                                                  [FR Doc. 2015–24857 Filed 10–1–15; 8:45 am]                     annual PM2.5 NAAQS and the 2011                             submitted a maintenance plan for the
                                                  BILLING CODE 6560–50–P
                                                                                                                  emissions inventories for the 2006 24-                      Pittsburgh Area as a SIP revision to
                                                                                                                  hour PM2.5 NAAQS included in the                            ensure continued attainment throughout
                                                                                                                  maintenance plan for the Pittsburgh                         the Pittsburgh Area over the next 10
                                                  ENVIRONMENTAL PROTECTION                                        Area. These actions are being taken                         years. The maintenance plan includes
                                                  AGENCY                                                          under the Clean Air Act (CAA).                              the 2017 and 2025 PM2.5 and NOX
                                                                                                                  DATES: This final rule is effective on                      MVEBs for the Area for the 1997 annual
                                                  40 CFR Parts 52 and 81                                          October 2, 2015.                                            and 2006 24-hour PM2.5 NAAQS, which
                                                                                                                  ADDRESSES: EPA has established a
                                                                                                                                                                              EPA is approving for transportation
                                                  [EPA–R03–OAR–2015–0029; FRL–9934–82-
                                                  Region 3]                                                       docket for this action under Docket ID                      conformity purposes. PADEP also
                                                                                                                  Number EPA–R03–OAR–2015–0029. All                           submitted 2007 and 2011comprehensive
                                                  Approval and Promulgation of Air                                documents in the docket are listed in                       emissions inventories that were
                                                  Quality Implementation Plans;                                   the www.regulations.gov Web site.                           included in the maintenance plan for
                                                  Pennsylvania; Redesignation Request                             Although listed in the electronic docket,                   the 1997 annual and 2006 24-hour PM2.5
                                                  and Associated Maintenance Plan for                             some information is not publicly                            NAAQS, respectively, for NOX, sulfur
                                                  the Pittsburgh-Beaver Valley                                                                                                dioxide (SO2), volatile organic
                                                                                                                  available, i.e., confidential business
                                                  Nonattainment Area for the 1997                                                                                             compounds (VOC), and ammonia (NH3).
                                                                                                                  information (CBI) or other information
                                                  Annual and 2006 24-Hour Fine                                                                                                  On May 20, 2015 (80 FR 28906), EPA
                                                                                                                  whose disclosure is restricted by statute.                  published a notice of proposed
                                                  Particulate Matter Standard                                     Certain other material, such as                             rulemaking (NPR) for Pennsylvania. In
                                                  AGENCY:  Environmental Protection                               copyrighted material, is not placed on                      the NPR, EPA proposed approval of
                                                  Agency (EPA).                                                   the Internet and will be publicly                           Pennsylvania’s December 22, 2014
                                                                                                                  available only in hard copy form.                           request to redesignate the Pittsburgh
                                                  ACTION: Final rule.
                                                                                                                  Publicly available docket materials are                     Area to attainment for the 1997 annual
                                                  SUMMARY:   The Environmental Protection                         available either electronically through                     and 2006 24-hour PM2.5 NAAQS. EPA
                                                  Agency (EPA) is approving the                                   www.regulations.gov or in hard copy for                     also proposed approval of the associated
                                                  Commonwealth of Pennsylvania’s                                  public inspection during normal                             maintenance plan as a revision to the
                                                  request to redesignate to attainment the                        business hours at the Air Protection                        Pennsylvania SIP for the 1997 annual
                                                  Pittsburgh Nonattainment Area                                   Division, U.S. Environmental Protection                     and 2006 24-hour PM2.5 NAAQS, which
                                                  (Pittsburgh Area or Area) for the 1997                          Agency, Region III, 1650 Arch Street,                       includes the 2017 and 2025 PM2.5 and
                                                  annual and 2006 24-hour fine                                    Philadelphia, Pennsylvania 19103.                           NOX MVEBs for both NAAQS, which
                                                  particulate matter (PM2.5) national                             Copies of the State submittal are                           EPA proposed to approve for purposes
                                                  ambient air quality standard (NAAQS or                          available at the Pennsylvania                               of transportation conformity. In
                                                  standard). EPA has determined that the                          Department of Environmental                                 addition, EPA proposed approval of the
                                                  Pittsburgh Area attained both the 1997                          Protection, Bureau of Air Quality                           2007 and 2011 emissions inventories
                                                  annual and 2006 24-hour PM2.5 NAAQS.                            Control, P.O. Box 8468, 400 Market                          included in the Pittsburgh Area’s
                                                  In addition, EPA is approving as a                              Street, Harrisburg, Pennsylvania 17105.                     maintenance plan for the 1997 annual
                                                  revision to the Pennsylvania State                              FOR FURTHER INFORMATION CONTACT: Rose                       and 2006 24-hour PM2.5 NAAQS,
                                                  Implementation Plan (SIP) the                                   Quinto at (215) 814–2182, or by email                       respectively, to meet the emissions
                                                  associated maintenance plan to show                             at quinto.rose@epa.gov.                                     inventory requirement of section
                                                  maintenance of the 1997 annual and                              SUPPLEMENTARY INFORMATION:                                  172(c)(3) of the CAA.
                                                  2006 24-hour PM2.5 NAAQS through                                                                                              The details of Pennsylvania’s
                                                  2025 for the Pittsburgh Area. The                               I. Background
                                                                                                                                                                              submittal and the rationale for EPA’s
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  maintenance plan includes the 2017 and                            On December 22, 2014, the                                 proposed actions are explained in the
                                                  2025 PM2.5 and nitrogen oxides (NOX)                            Commonwealth of Pennsylvania,                               NPR and will not be restated here. No
                                                  motor vehicle emissions budgets                                 through the Pennsylvania Department of                      adverse public comments were received
                                                  (MVEBs) for the Pittsburgh Area for the                         Environmental Protection (PADEP),                           on the NPR.
                                                  1997 annual and 2006 24-hour PM2.5                              formally submitted a request to
                                                  NAAQS, which EPA is approving for                               redesignate the Pittsburgh Area from                        II. Final Actions
                                                  transportation conformity purposes.                             nonattainment to attainment for the                            EPA is taking final actions on the
                                                  Furthermore, EPA is approving the 2007                          1997 annual and 2006 24-hour PM2.5                          redesignation request and SIP revisions


                                             VerDate Sep<11>2014         20:30 Oct 01, 2015   Jkt 238001    PO 00000    Frm 00076   Fmt 4700       Sfmt 4700    E:\FR\FM\02OCR1.SGM   02OCR1


                                                                     Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations                                         59625

                                                  submitted on December 22, 2014 by the                   comply with nonattainment-related                        • is not a significant regulatory action
                                                  Commonwealth of Pennsylvania for the                    planning requirements for the                         subject to Executive Order 13211 (66 FR
                                                  Pittsburgh Area for the 1997 annual and                 Pittsburgh Area pursuant to part D of                 28355, May 22, 2001);
                                                  2006 24-hour PM2.5 NAAQS. First, EPA                    the CAA and approves certain emissions                   • is not subject to requirements of
                                                  finds that the monitoring data                          inventories and MVEBs for the                         Section 12(d) of the National
                                                  demonstrates that the Area has attained                 Pittsburgh Area. For these reasons, EPA               Technology Transfer and Advancement
                                                  the 1997 annual and 2006 24-hour PM2.5                  finds good cause under 5 U.S.C. 553(d)                Act of 1995 (15 U.S.C. 272 note) because
                                                  NAAQS, and continues to attain both                     for this rulemaking action to become                  application of those requirements would
                                                  NAAQS. Second, EPA is approving                         effective on the date of publication.                 be inconsistent with the CAA; and
                                                  Pennsylvania’s redesignation request for                                                                         • does not provide EPA with the
                                                                                                          III. Statutory and Executive Order                    discretionary authority to address, as
                                                  the 1997 annual and 2006 24-hour PM2.5
                                                                                                          Reviews                                               appropriate, disproportionate human
                                                  NAAQS, because EPA has determined
                                                  that the request meets the redesignation                A. General Requirements                               health or environmental effects, using
                                                  criteria set forth in section 107(d)(3)(E)                                                                    practicable and legally permissible
                                                                                                             Under the CAA, redesignation of an                 methods, under Executive Order 12898
                                                  of the CAA for both NAAQS. Approval                     area to attainment and the
                                                  of this redesignation request will change                                                                     (59 FR 7629, February 16, 1994).
                                                                                                          accompanying approval of the                             In addition, this rule does not have
                                                  the official designation of the Pittsburgh              maintenance plan under CAA section
                                                  Area from nonattainment to attainment                                                                         tribal implications as specified by
                                                                                                          107(d)(3)(E) are actions that affect the              Executive Order 13175 (65 FR 67249,
                                                  for the 1997 annual and 2006 24-hour                    status of a geographical area and do not
                                                  PM2.5 NAAQS. Third, EPA is approving                                                                          November 9, 2000), because the SIP is
                                                                                                          impose any additional regulatory                      not approved to apply in Indian country
                                                  the associated maintenance plan for the                 requirements on sources beyond those
                                                  Pittsburgh Area as a revision to the                                                                          located in the state, and EPA notes that
                                                                                                          required by state law. A redesignation to             it will not impose substantial direct
                                                  Pennsylvania SIP for the 1997 annual                    attainment does not in and of itself
                                                  and 2006 24-hour PM2.5 NAAQS                                                                                  costs on tribal governments or preempt
                                                                                                          impose any new requirements, but                      tribal law.
                                                  because it meets the requirements of                    rather results in the application of
                                                  section 175A of the CAA. The                            requirements contained in the CAA for                 B. Submission to Congress and the
                                                  maintenance plan includes the 2017 and                  areas that have been redesignated to                  Comptroller General
                                                  2025 PM2.5 and NOX MVEBs submitted                      attainment. Moreover, the Administrator                  The Congressional Review Act, 5
                                                  by Pennsylvania for the Pittsburgh Area                 is required to approve a SIP submission               U.S.C. 801 et seq., as added by the Small
                                                  for transportation conformity purposes.                 that complies with the provisions of the              Business Regulatory Enforcement
                                                  In addition, EPA is approving the 2007                  Act and applicable Federal regulations.               Fairness Act of 1996, generally provides
                                                  and the 2011 emissions inventories for                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                   that before a rule may take effect, the
                                                  the Pittsburgh Area as meeting the                      Thus, in reviewing SIP submissions,                   agency promulgating the rule must
                                                  requirement of section 172(c)(3) of the                 EPA’s role is to approve state choices,               submit a rule report, which includes a
                                                  CAA for 1997 annual and 2006 24-hour                    provided that they meet the criteria of               copy of the rule, to each House of the
                                                  PM2.5 NAAQS, respectively.                              the CAA. Accordingly, this action                     Congress and to the Comptroller General
                                                     In accordance with 5 U.S.C. 553(d),                  merely approves state law as meeting                  of the United States. EPA will submit a
                                                  EPA finds there is good cause for this                  Federal requirements and does not                     report containing this action and other
                                                  rulemaking action to become effective                   impose additional requirements beyond                 required information to the U.S. Senate,
                                                  immediately upon publication. A                         those imposed by state law. For that                  the U.S. House of Representatives, and
                                                  delayed effective date is unnecessary                   reason, this action:                                  the Comptroller General of the United
                                                  due to the nature of a redesignation to                    • Is not a ‘‘significant regulatory                States prior to publication of the rule in
                                                  attainment, which eliminates CAA                        action’’ subject to review by the Office              the Federal Register. A major rule
                                                  obligations that would otherwise apply.                 of Management and Budget under                        cannot take effect until 60 days after it
                                                  The immediate effective date for this                   Executive Order 12866 (58 FR 51735,                   is published in the Federal Register.
                                                  rulemaking action is authorized under                   October 4, 1993);                                     This action is not a ‘‘major rule’’ as
                                                  both 5 U.S.C. 553(d)(1), which provides                    • does not impose an information                   defined by 5 U.S.C. 804(2).
                                                  that rulemaking actions may become                      collection burden under the provisions
                                                  effective less than 30 days after                       of the Paperwork Reduction Act (44                    C. Petitions for Judicial Review
                                                  publication if the rule ‘‘grants or                     U.S.C. 3501 et seq.);                                    Under section 307(b)(1) of the CAA,
                                                  recognizes an exemption or relieves a                      • is certified as not having a                     petitions for judicial review of this
                                                  restriction,’’ and section 553(d)(3),                   significant economic impact on a                      action must be filed in the United States
                                                  which allows an effective date less than                substantial number of small entities                  Court of Appeals for the appropriate
                                                  30 days after publication ‘‘as otherwise                under the Regulatory Flexibility Act (5               circuit by December 1, 2015. Filing a
                                                  provided by the agency for good cause                   U.S.C. 601 et seq.);                                  petition for reconsideration by the
                                                  found and published with the rule.’’                       • does not contain any unfunded                    Administrator of this final rule does not
                                                  The purpose of the 30-day waiting                       mandate or significantly or uniquely                  affect the finality of this action for the
                                                  period prescribed in section 553(d) is to               affect small governments, as described                purposes of judicial review nor does it
                                                  give affected parties a reasonable time to              in the Unfunded Mandates Reform Act                   extend the time within which a petition
                                                  adjust their behavior and prepare before                of 1995 (Pub. L. 104–4);                              for judicial review may be filed, and
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                                                  the final rule takes effect. Today’s                       • does not have Federalism                         shall not postpone the effectiveness of
                                                  rulemaking action, however, does not                    implications as specified in Executive                such rule or action. This action,
                                                  create any new regulatory requirements                  Order 13132 (64 FR 43255, August 10,                  approving the redesignation request and
                                                  such that affected parties would need                   1999);                                                maintenance plan for the Pittsburgh
                                                  time to prepare before the rule takes                      • is not an economically significant               Area for the 1997 annual and 2006 24-
                                                  effect. Rather, today’s rulemaking action               regulatory action based on health or                  hour PM2.5 NAAQS and the
                                                  relieves the Commonwealth of                            safety risks subject to Executive Order               comprehensive emissions inventories
                                                  Pennsylvania of the obligation to                       13045 (62 FR 19885, April 23, 1997);                  for the Pittsburgh Area for the 1997


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                                                  59626                    Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations

                                                  annual and the 2006 24-hour PM2.5                                    40 CFR Part 81                                                          Authority: 42 U.S.C. 7401 et seq.
                                                  NAAQS, respectively, may not be                                        Air pollution control, National parks,
                                                  challenged later in proceedings to                                                                                                       Subpart—NN Pennsylvania
                                                                                                                       Wilderness areas.
                                                  enforce its requirements. See section
                                                                                                                         Dated: September 17, 2015.                                        ■  2. In § 52.2020, the table in paragraph
                                                  307(b)(2).
                                                                                                                       Shawn M. Garvin,                                                    (e)(1) is amended by adding an entry for
                                                  List of Subjects                                                     Regional Administrator, Region III.                                 ‘‘1997 Annual and 2006 24-Hour PM2.5
                                                                                                                         40 CFR parts 52 and 81 are amended                                Maintenance Plan, and 2007 and 2011
                                                  40 CFR Part 52                                                                                                                           Base Year Emissions Inventories’’ at the
                                                                                                                       as follows:
                                                    Environmental protection, Air                                                                                                          end of the table. The added text reads
                                                  pollution control, Incorporation by                                  PART 52—APPROVAL AND                                                as follows:
                                                  reference, Nitrogen oxides, Particulate                              PROMULGATION OF                                                     § 52.2020    Identification of plan.
                                                  matter, Reporting and recordkeeping                                  IMPLEMENTATION PLANS
                                                                                                                                                                                           *       *    *        *        *
                                                  requirements, Sulfur dioxide, Volatile                                                                                                       (e) * * *
                                                                                                                       ■ 1. The authority citation for part 52
                                                  organic compounds.                                                   continues to read as follows:                                           (1) * * *

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


                                                           *                  *                                    *                                     *                           *                   *                        *
                                                  1997 Annual and 2006 24-Hour                      Pittsburgh-Beaver Valley ............                        12/22/14      10/2/15 [Insert Federal Register        See § 52.2036(y) and
                                                    PM2.5 Maintenance Plan, and                                                                                                  citation].                              § 52.2059(t).
                                                    2007 and 2011 Base Year
                                                    Emissions Inventories.



                                                  ■ 3. Section 52.2036 is amended by                                   inventories include emissions estimates                               (t) EPA approves the maintenance
                                                  adding paragraph (y) to read as follows:                             that cover the general source categories                            plan for the Pittsburgh nonattainment
                                                                                                                       of point, area, nonroad, and onroad                                 area for the 1997 annual and 2006 24-
                                                  § 52.2036       Base year emissions inventory.
                                                                                                                       sources. The pollutants that comprise                               hour PM2.5 NAAQS submitted by the
                                                  *      *    *    *     *                                             the inventories are PM2.5, nitrogen                                 Commonwealth of Pennsylvania on
                                                     (y) EPA approves as a revision to the
                                                                                                                       oxides (NOX), volatile organic                                      December 22, 2014. The maintenance
                                                  Pennsylvania State Implementation Plan
                                                                                                                       compounds (VOCs), ammonia (NH3),                                    plan includes the 2017 and 2025 PM2.5
                                                  the 2007 and 2011 base year emissions
                                                                                                                       and sulfur dioxide (SO2).                                           and NOX motor vehicle emissions
                                                  inventories for the Pittsburgh-Beaver
                                                  Valley 1997 annual and 2006 24-hour                                  ■ 4. Section 52.2059 is amended by                                  budgets (MVEBs) to be applied to all
                                                  fine particulate matter (PM2.5)                                      adding paragraph (t) to read as follows:                            future transportation conformity
                                                  nonattainment area, respectively,                                                                                                        determinations and analyses for the
                                                  submitted by the Pennsylvania                                        § 52.2059        Control strategy: Particulate                      Pittsburgh nonattainment area for the
                                                  Department of Environmental Protection                               matter.                                                             1997 annual and 2006 24-hour PM2.5
                                                  on December 22, 2014. The emissions                                  *         *        *        *         *                             NAAQS.

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

                                                  Maintenance Plan .................................................................................                    2017                700              17,584    October 2, 2015.
                                                                                                                                                                        2025                537              10,709    October 2, 2015.



                                                  PART 81—DESIGNATION OF AREAS                                             Authority: 42 U.S.C. 7401 et seq.                               NAAQS’’ tables entry for the Pittsburgh-
                                                  FOR AIR QUALITY PLANNING                                                                                                                 Beaver Valley, PA to read as follows:
                                                                                                                       ■ 6. Section 81.339 is amended by
                                                  PURPOSES
                                                                                                                       revising the ‘‘1997 Annual PM2.5                                    § 81.339    Pennsylvania.
                                                  ■ 5. The authority citation for Part 81                              NAAQS’’ and the ‘‘2006 24-Hour PM2.5                                *       *     *       *        *
                                                  continues to read as follows:

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

                                                                                                                                                                 Designation a                                        Classification
                                                                            Designated area
                                                                                                                                               Date 1                                   Type                     Date 2                Type


                                                            *                   *                                          *                             *                          *                        *                       *
                                                  Pittsburgh-Beaver Valley, PA:



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                                                                          Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations                                                                59627

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

                                                                                                                                                             Designation a                                   Classification
                                                                           Designated area
                                                                                                                                            Date 1                                Type                   Date 2               Type

                                                      Allegheny County (remainder) .............................                 October 2, 2015 ...............      Attainment.
                                                      Armstrong County (part) ......................................             October 2, 2015 ...............      Attainment.
                                                  Elderton Borough and Plumcreek and Washington
                                                    Townships:
                                                      Beaver County .....................................................        October 2, 2015 ...............      Attainment.
                                                      Butler County .......................................................      October 2, 2015 ...............      Attainment.
                                                      Greene County (part) ...........................................           October 2, 2015 ...............      Attainment.
                                                  Monongahela Township:
                                                      Lawrence County (part) .......................................             October 2, 2015 ...............      Attainment.
                                                  Township of Taylor south of New Castle City:
                                                      Washington County ..............................................           October 2, 2015 ...............      Attainment.
                                                      Westmoreland County ..........................................             October 2, 2015 ...............      Attainment.

                                                               *                            *                            *                            *                       *                      *                    *
                                                      a Includes Indian Country located in each county or area, except as otherwise specified.
                                                      1 This date is 90 days after January 5, 2005, unless otherwise noted.
                                                      2 This date is July 2, 2014, unless otherwise noted.




                                                  *       *        *        *        *

                                                                                                               PENNSYLVANIA—2006 24-HOUR PM2.5 NAAQS
                                                                                                                                      [Primary and secondary]

                                                                                                                                                             Designation a                                   Classification
                                                                           Designated area
                                                                                                                                            Date 1                                Type                   Date 2               Type


                                                            *                          *                                 *                            *                       *                      *                    *
                                                  Pittsburgh-Beaver Valley, PA:
                                                       Allegheny County (remainder) .............................                October 2, 2015 ...............      Attainment.
                                                       Armstrong County (part) ......................................            October 2, 2015 ...............      Attainment.
                                                  Elderton Borough and Plumcreek and Washington
                                                    Townships:
                                                       Beaver County .....................................................       October 2, 2015 ...............      Attainment.
                                                       Butler County .......................................................     October 2, 2015 ...............      Attainment.
                                                       Green County (part) .............................................         October 2, 2015 ...............      Attainment.
                                                  Monongahela Township:
                                                       Lawrence County (part) .......................................            October 2, 2015 ...............      Attainment.
                                                  Township of Taylor south of New Castle City:
                                                       Washington County ..............................................          October 2, 2015 ...............      Attainment.
                                                       Westmoreland County ..........................................            October 2, 2015 ...............      Attainment.

                                                               *                            *                            *                            *                       *                      *                    *
                                                      a Includes   Indian County located in each county or area, except as otherwise specified.
                                                      1 This   date is 30 days after November 13, 2009, unless otherwise noted.
                                                      2 This   date is July 2, 2014, unless otherwise noted.


                                                  *       *        *        *        *                                ACTION:       Final rule.                                     must be filed in accordance with the
                                                  [FR Doc. 2015–24851 Filed 10–1–15; 8:45 am]                                                                                       instructions provided in 40 CFR part
                                                  BILLING CODE 6560–50–P                                              SUMMARY:  This regulation establishes                         178 (see also Unit I.C. of the
                                                                                                                      tolerances for residues of                                    SUPPLEMENTARY INFORMATION).
                                                                                                                      benzovindiflupyr in or on multiple
                                                  ENVIRONMENTAL PROTECTION                                            commodities that are identified and                           ADDRESSES:   The docket for this action,
                                                  AGENCY                                                              discussed later in this document.                             identified by docket identification (ID)
                                                                                                                      Syngenta Crop Protection, LLC.,                               number EPA–HQ–OPP–2013–0141, is
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  40 CFR Part 180                                                     requested these tolerances under the                          available at http://www.regulations.gov
                                                                                                                      Federal Food, Drug, and Cosmetic Act                          or at the Office of Pesticide Programs
                                                  [EPA–HQ–OPP–2013–0141; FRL–9933–03]                                 (FFDCA).                                                      Regulatory Public Docket (OPP Docket)
                                                                                                                                                                                    in the Environmental Protection Agency
                                                  Benzovindiflupyr; Pesticide Tolerances                              DATES: This regulation is effective                           Docket Center (EPA/DC), West William
                                                                                                                      October 2, 2015. Objections and                               Jefferson Clinton Bldg., Rm. 3334, 1301
                                                  AGENCY: Environmental Protection                                    requests for hearings must be received                        Constitution Ave. NW., Washington, DC
                                                  Agency (EPA).                                                       on or before December 1, 2015, and                            20460–0001. The Public Reading Room


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Document Created: 2015-12-15 08:45:09
Document Modified: 2015-12-15 08:45:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on October 2, 2015.
ContactRose Quinto at (215) 814-2182, or by email at [email protected]
FR Citation80 FR 59624 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide; Volatile Organic Compounds; National Parks and Wilderness Areas

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