81_FR_20608 81 FR 20540 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan and Base Year Inventory for the North Reading Area for the 2008 Lead National Ambient Air Quality Standards

81 FR 20540 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan and Base Year Inventory for the North Reading Area for the 2008 Lead National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 68 (April 8, 2016)

Page Range20540-20542
FR Document2016-07993

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania (Pennsylvania). The revision demonstrates attainment of the 2008 lead national ambient air quality standards (NAAQS) in the North Reading 2008 lead nonattainment area (North Reading Area or Area). The attainment plan includes the base year emissions inventory, an analysis of reasonably available control technology (RACT), reasonably available control measures (RACM), and reasonable further progress (RFP), modeling demonstration of lead attainment, and contingency measures for the Area. EPA is approving Pennsylvania's lead attainment plan with the base year emissions inventory for the North Reading Area as a revision to Pennsylvania's SIP in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 68 (Friday, April 8, 2016)
[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Rules and Regulations]
[Pages 20540-20542]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07993]


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

ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 52

[EPA-R03-OAR-2015-0773; FRL-9944-73-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Attainment Plan and Base Year Inventory for the North 
Reading Area for the 2008 Lead National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania (Pennsylvania). The revision demonstrates attainment of 
the 2008 lead national ambient air quality standards (NAAQS) in the 
North Reading 2008 lead nonattainment area (North Reading Area or 
Area). The attainment plan includes the base year emissions inventory, 
an analysis of reasonably available control technology (RACT), 
reasonably available control measures (RACM), and reasonable further 
progress (RFP), modeling demonstration of lead attainment, and 
contingency measures for the Area. EPA is approving Pennsylvania's lead 
attainment plan with the base year emissions inventory for the North 
Reading Area as a revision to Pennsylvania's SIP in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on May 9, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0773. 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

[[Page 20541]]

available through www.regulations.gov or may be viewed 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 Commonwealth's 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: Ellen Schmitt, (215) 814-5787, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On January 11, 2016 (81 FR 1136), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the 
NPR, EPA proposed approval of a revision to Pennsylvania's SIP for the 
purpose of demonstrating attainment of the 2008 lead NAAQS in the North 
Reading Area. The formal SIP revision was submitted by Pennsylvania on 
August 12, 2015.
    On November 12, 2008 (73 FR 66964), EPA revised the lead NAAQS, 
lowering the level from 1.5 micrograms per cubic meter ([mu]g/m\3\) to 
0.15 [mu]g/m\3\ calculated over a three-month rolling average. 
Following promulgation of a new or revised NAAQS, EPA is required by 
the CAA to designate areas throughout the United States as attaining or 
not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA.
    On November 22, 2010, EPA designated Alsace and Muhlenberg 
Townships and the Laureldale Borough, all of which are located in Berks 
County, Pennsylvania, as the North Reading Area for its nonattainment 
status with the 2008 lead NAAQS. 76 FR 72097. The designation of the 
North Reading Area as nonattainment for the 2008 lead NAAQS triggered 
requirements under section 191(a) of the CAA, requiring Pennsylvania to 
submit a SIP revision with a plan for how the Area will attain the 2008 
lead NAAQS, as expeditiously as practicable, but no later than December 
31, 2015.
    Section 179(a)(1) of the CAA establishes specific consequences if 
EPA finds that a state has failed to submit a SIP or, with regard to a 
submitted SIP, if EPA determines it is incomplete or if EPA disapproves 
it. Additionally, any of these findings also triggers an obligation for 
EPA to promulgate a federal implementation plan (FIP) if the state has 
not submitted, and EPA has not approved, the required SIP within 2 
years of the finding pursuant to section 110(c) of the CAA. On February 
25, 2014, the EPA issued a finding that Pennsylvania failed to make the 
required nonattainment SIP submission for the North Reading Area. 79 FR 
10391. With this final approval by EPA of Pennsylvania's North Reading 
attainment plan SIP in accordance with section 172(c) of the CAA, the 
Agency no longer has any obligation to issue a FIP for the North 
Reading Area in accordance with section 110(c) of the CAA.

II. Summary of SIP Revision

    On August 12, 2015, Pennsylvania through the Department of 
Environmental Protection (PADEP) submitted an attainment plan for the 
North Reading Area as a SIP revision which includes a base year 
emissions inventory, an attainment demonstration, an analysis of RACM 
and RACT, provisions for RFP, and contingency measures.
    The SIP revision also includes paragraph 3 of a consent order and 
agreement (COA), dated June 15, 2015, between Exide Technologies 
(Exide) and PADEP and paragraphs 5 and 22 of a COA, dated June 12, 
2015, between Yuasa Battery, Inc (Yuasa) and PADEP. EPA's analysis of 
the submitted attainment plan includes a review of these elements for 
the North Reading Area.
    EPA's approval of the attainment plan is based on the Agency's 
finding that the Area meets all lead NAAQS attainment plan requirements 
under CAA sections 172, 191, and 192. Due to monitored ambient air 
quality violations in early 2013, before a major source of lead began 
idling, the Area did not attain the NAAQS, over 36 consecutive three-
month periods, by December 2015, the attainment date. However, as a 
result of implementation of PADEP's August 12, 2015 SIP revision, EPA 
and PADEP expect the North Reading Area will attain the 2008 lead NAAQS 
on the basis of 2014-2016 ambient air quality data. EPA is approving 
the base year emissions inventory submitted with the plan, as well as 
the RACM/RACT and RFP analyses, the attainment demonstration including 
modeling, and the contingency measures for the North Reading Area.
    Other specific requirements of the SIP submittal attainment plan 
for the North Reading Area and the rationale for EPA's proposed action 
are explained in the NPR and its accompanying Technical Support 
Documents (TSDs) and will not be restated here.\1\ No public comments 
were received on the NPR.
---------------------------------------------------------------------------

    \1\ In the Control Strategies, Reasonable Further Progress, and 
Contingency Measures TSD that accompanied EPA's NPR, published in 
the Federal Register on January 11, 2016 (81 FR 1136), EPA 
inadvertently made a misstatement when summarizing a small portion 
of a COA between PADEP and Yuasa Battery, Inc. The statement made in 
the TSD was ``Yuasa shall conduct stack testing on all the stacks 
listed above in 2020, and thereafter in any year that is divisible, 
with remainder, by five'' when it should have stated ``Yuasa shall 
conduct stack testing on all the stacks listed above in 2020, and 
thereafter in any year that is divisible, without remainder, by 
five.'' This error was inadvertent and in no way alters EPA's 
conclusion or analysis regarding reasonableness of Pennsylvania's 
RACM for the North Reading Area.
---------------------------------------------------------------------------

III. Final Action

    EPA is approving the lead attainment plan for the North Reading 
Area and paragraph 3 of the COA between PADEP and Exide and paragraphs 
5 and 22 of the COA between PADEP and Yuasa, as submitted on August 12, 
2015 as a revision to the Pennsylvania SIP. EPA has determined that the 
SIP meets the applicable requirements of the CAA. Specifically, EPA is 
taking final action to approve Pennsylvania's August 12, 2015 SIP 
submission which includes the attainment demonstration, base year 
emissions inventory, RACM/RACT and RFP analyses, and contingency 
measures.
    With the EPA's final approval of Pennsylvania's North Reading 
attainment plan submittal, EPA no longer has any obligation to 
promulgate a FIP for the North Reading Area pursuant to sections 110(c) 
or 172(c) of the CAA.

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions

[[Page 20542]]

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 June 7, 2016. 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 Pennsylvania's SIP revision containing 
the attainment plan and base year inventory for the 2008 lead NAAQS in 
the North Reading Area 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, Lead.

    Dated: March 24, 2016.
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 attainment plan for the North Reading nonattainment 
area for the 2008 lead national ambient air quality standards at the 
end of the table to read as follows:


Sec.  52.2020  Identification of plan.

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Applicable  geographic        State
  Name of non-regulatory SIP revision              area            submittal date        EPA Approval date                Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Attainment Plan and Base Year Emissions  North Reading Area......         8/12/15  4/8/16 [Insert Federal         See Sec.  Sec.   52.2036(z) and
 Inventory for the North Reading                                                    Register citation].            52.2055(b).
 nonattainment area for the 2008 lead
 NAAQS.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

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


Sec.  52.2036  Base year emissions inventory.

* * * * *
    (z) EPA approves as a revision to the Pennsylvania state 
implementation plan the 2010 base year emissions inventory for the 
North Reading, Pennsylvania nonattainment area for the 2008 lead NAAQS. 
This SIP revision was submitted by the Secretary of the Pennsylvania 
Department of Environmental Protection on August 10, 2015. This 
submittal consists of the 2010 base year emissions inventories for all 
relevant sources in the North Reading nonattainment area for the 
pollutant lead (Pb).

0
4. Section 52.2055 is amended by adding paragraph (b) to read as 
follows:


Sec.  52.2055  Control strategy: Lead.

* * * * *
    (b) EPA approves the state implementation plan for the North 
Reading, Pennsylvania nonattainment area for the 2008 lead NAAQS. This 
SIP revision including reasonably available control measures, 
reasonably available control technology, contingency measures, and 
attainment demonstration was submitted by the Secretary of the 
Pennsylvania Department of Environmental Protection on August 10, 2015.

[FR Doc. 2016-07993 Filed 4-7-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  20540                 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations

                                                  November 9, 2000) does not apply to                     40 CFR Part 721                                                   cleaners and solvent degreasers, film
                                                  this action.                                              Environmental protection, Chemicals,                            cleaners, hoof polishes, lubricants,
                                                                                                          Hazardous substances, Reporting and                               mirror edge sealants, and pepper spray.
                                                  G. Executive Order 13045: Protection of                                                                                     (b) [Reserved]
                                                  Children From Environmental Health                      recordkeeping requirements.
                                                                                                                                                                            [FR Doc. 2016–08152 Filed 4–7–16; 8:45 am]
                                                  Risks and Safety Risks                                    Dated: April 4, 2016.                                           BILLING CODE 6560–50–P
                                                                                                          Wendy Cleland-Hamnett,
                                                    EPA interprets Executive Order 13045
                                                  (62 FR 19885, April 23, 1997), as                       Director, Office of Pollution Prevention and
                                                  applying only to those regulatory
                                                                                                          Toxics.                                                           ENVIRONMENTAL PROTECTION
                                                  actions that concern environmental                        Therefore, 40 CFR chapter I is                                  AGENCY
                                                  health or safety risks that EPA has                     amended as follows:
                                                                                                                                                                            40 CFR Part 52
                                                  reason to believe may                                   PART 9—[AMENDED]
                                                  disproportionately affect children, per                                                                                   [EPA–R03–OAR–2015–0773; FRL–9944–73–
                                                  the definition of ‘‘covered regulatory                                                                                    Region 3]
                                                                                                          ■ 1. The authority citation for part 9
                                                  action’’ in section 2–202 of the                        continues to read as follows:                                     Approval and Promulgation of Air
                                                  Executive Order. This action is not                        Authority: 7 U.S.C. 135 et seq., 136–136y;                     Quality Implementation Plans;
                                                  subject to Executive Order 13045                        15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;                      Pennsylvania; Attainment Plan and
                                                  because it does not concern an                          21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33                     Base Year Inventory for the North
                                                  environmental health risk or safety risk.               U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
                                                                                                                                                                            Reading Area for the 2008 Lead
                                                                                                          1321, 1326, 1330, 1342, 1344, 1345 (d) and
                                                  H. Executive Order 13211: Actions                       (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,                        National Ambient Air Quality
                                                  Concerning Regulations That                             1971–1975 Comp. p. 973; 42 U.S.C. 241,                            Standards
                                                  Significantly Affect Energy Supply,                     242b, 243, 246, 300f, 300g, 300g–1, 300g–2,                       AGENCY:  Environmental Protection
                                                  Distribution, or Use                                    300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
                                                                                                                                                                            Agency (EPA).
                                                                                                          300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
                                                    This final rule is not subject to                     6901–6992k, 7401–7671q, 7542, 9601–9657,                          ACTION: Final rule.
                                                  Executive Order 13211 (66 FR 28355,                     11023, 11048.
                                                                                                                                                                            SUMMARY:   The Environmental Protection
                                                  May 22, 2001), because this action is not               ■  2. In § 9.1, add the following section                         Agency (EPA) is approving a state
                                                  expected to affect energy supply,                       in numerical order under the                                      implementation plan (SIP) revision
                                                  distribution, or use.                                   undesignated center heading                                       submitted by the Commonwealth of
                                                  I. National Technology Transfer and                     ‘‘Significant New Uses of Chemical                                Pennsylvania (Pennsylvania). The
                                                  Advancement Act (NTTAA)                                 Substances’’ to read as follows:                                  revision demonstrates attainment of the
                                                                                                          § 9.1 OMB approvals under the Paperwork                           2008 lead national ambient air quality
                                                    Since this action does not involve any                                                                                  standards (NAAQS) in the North
                                                                                                          Reduction Act.
                                                  technical standards, section 12(d) of                                                                                     Reading 2008 lead nonattainment area
                                                  NTTAA, 15 U.S.C. 272 note, does not                     *           *     *           *          *
                                                                                                                                                                            (North Reading Area or Area). The
                                                  apply to this action.                                                                                                     attainment plan includes the base year
                                                                                                                                                           OMB Control
                                                                                                                      40 CFR citation
                                                  J. Executive Order 12898: Federal                                                                          number         emissions inventory, an analysis of
                                                  Actions To Address Environmental                                                                                          reasonably available control technology
                                                  Justice in Minority Populations and                                                                                       (RACT), reasonably available control
                                                                                                                *           *       *        *       *
                                                  Low-Income Populations                                                                                                    measures (RACM), and reasonable
                                                                                                                    Significant New Uses of Chemical
                                                                                                                                Substances                                  further progress (RFP), modeling
                                                     This final rule does not invoke special                                                                                demonstration of lead attainment, and
                                                  consideration of environmental justice                     *         *              *                    *         *      contingency measures for the Area. EPA
                                                  related issues as delineated by                         721.10851 .............................              2070–0038    is approving Pennsylvania’s lead
                                                  Executive Order 12898 (59 FR 7629,                                                                                        attainment plan with the base year
                                                  February 16, 1994), because EPA has                           *               *              *           *          *     emissions inventory for the North
                                                  determined that this action will not                                                                                      Reading Area as a revision to
                                                  have disproportionately high and                        *           *     *           *          *                        Pennsylvania’s SIP in accordance with
                                                  adverse human health or environmental                                                                                     the requirements of the Clean Air Act
                                                  effects on minority or low-income                       PART 721—[AMENDED]                                                (CAA).
                                                  populations. This action does not affect
                                                  the level of protection provided to                     ■ 3. The authority citation for part 721                          DATES: This final rule is effective on
                                                  human health or the environment.                        continues to read as follows:                                     May 9, 2016.
                                                                                                            Authority: 15 U.S.C. 2604, 2607, and                            ADDRESSES: EPA has established a
                                                  XIII. Congressional Review Act (CRA)                    2625(c).                                                          docket for this action under Docket ID
                                                    This action is subject to the CRA, 5                  ■ 4. Add § 721.10851 to subpart E to                              Number EPA–R03–OAR–2015–0773. All
                                                  U.S.C. 801 et seq., and the EPA will                    read as follows:                                                  documents in the docket are listed in
                                                  submit a rule report to each House of                                                                                     the www.regulations.gov Web site.
                                                  Congress and the Comptroller of the
                                                                                                          § 721.10851               Trichloroethylene.                      Although listed in the electronic docket,
                                                  United States. This action is not a                        (a) Chemical substance and                                     some information is not publicly
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  ‘‘major rule’’ as defined by 5 U.S.C.                   significant new uses subject to reporting.                        available, i.e., confidential business
                                                  804(2).                                                 (1) The chemical substance                                        information (CBI) or other information
                                                                                                          trichloroethylene (CAS 79–01–6) is                                whose disclosure is restricted by statute.
                                                  List of Subjects                                        subject to reporting under this section                           Certain other material, such as
                                                  40 CFR Part 9                                           for the significant new use described in                          copyrighted material, is not placed on
                                                                                                          paragraph (a)(2) of this section.                                 the Internet and will be publicly
                                                    Environmental protection, Reporting                      (2) Manufacture or processing for use                          available only in hard copy form.
                                                  and recordkeeping requirements.                         in a consumer product except for use in                           Publicly available docket materials are


                                             VerDate Sep<11>2014   17:15 Apr 07, 2016   Jkt 238001   PO 00000       Frm 00018       Fmt 4700       Sfmt 4700   E:\FR\FM\08APR1.SGM   08APR1


                                                                        Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations                                                  20541

                                                  available through www.regulations.gov                   approved, the required SIP within 2                   and will not be restated here.1 No public
                                                  or may be viewed during normal                          years of the finding pursuant to section              comments were received on the NPR.
                                                  business hours at the Air Protection                    110(c) of the CAA. On February 25,
                                                                                                                                                                III. Final Action
                                                  Division, U.S. Environmental Protection                 2014, the EPA issued a finding that
                                                  Agency, Region III, 1650 Arch Street,                   Pennsylvania failed to make the                          EPA is approving the lead attainment
                                                  Philadelphia, Pennsylvania 19103.                       required nonattainment SIP submission                 plan for the North Reading Area and
                                                  Copies of the Commonwealth’s                            for the North Reading Area. 79 FR                     paragraph 3 of the COA between PADEP
                                                  submittal are available at the                          10391. With this final approval by EPA                and Exide and paragraphs 5 and 22 of
                                                  Pennsylvania Department of                              of Pennsylvania’s North Reading                       the COA between PADEP and Yuasa, as
                                                  Environmental Protection, Bureau of Air                 attainment plan SIP in accordance with                submitted on August 12, 2015 as a
                                                  Quality Control, P.O. Box 8468, 400                     section 172(c) of the CAA, the Agency                 revision to the Pennsylvania SIP. EPA
                                                  Market Street, Harrisburg, Pennsylvania                 no longer has any obligation to issue a               has determined that the SIP meets the
                                                  17105.                                                  FIP for the North Reading Area in                     applicable requirements of the CAA.
                                                  FOR FURTHER INFORMATION CONTACT:                        accordance with section 110(c) of the                 Specifically, EPA is taking final action
                                                  Ellen Schmitt, (215) 814–5787, or by                    CAA.                                                  to approve Pennsylvania’s August 12,
                                                  email at schmitt.ellen@epa.gov.                                                                               2015 SIP submission which includes the
                                                                                                          II. Summary of SIP Revision                           attainment demonstration, base year
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                             On August 12, 2015, Pennsylvania                   emissions inventory, RACM/RACT and
                                                  I. Background                                           through the Department of                             RFP analyses, and contingency
                                                     On January 11, 2016 (81 FR 1136),                    Environmental Protection (PADEP)                      measures.
                                                  EPA published a notice of proposed                      submitted an attainment plan for the                     With the EPA’s final approval of
                                                  rulemaking (NPR) for the                                North Reading Area as a SIP revision                  Pennsylvania’s North Reading
                                                  Commonwealth of Pennsylvania. In the                    which includes a base year emissions                  attainment plan submittal, EPA no
                                                  NPR, EPA proposed approval of a                         inventory, an attainment demonstration,               longer has any obligation to promulgate
                                                  revision to Pennsylvania’s SIP for the                  an analysis of RACM and RACT,                         a FIP for the North Reading Area
                                                  purpose of demonstrating attainment of                  provisions for RFP, and contingency                   pursuant to sections 110(c) or 172(c) of
                                                  the 2008 lead NAAQS in the North                        measures.                                             the CAA.
                                                  Reading Area. The formal SIP revision                      The SIP revision also includes                     IV. Statutory and Executive Order
                                                  was submitted by Pennsylvania on                        paragraph 3 of a consent order and                    Reviews
                                                  August 12, 2015.                                        agreement (COA), dated June 15, 2015,
                                                     On November 12, 2008 (73 FR 66964),                                                                        A. General Requirements
                                                                                                          between Exide Technologies (Exide) and
                                                  EPA revised the lead NAAQS, lowering                    PADEP and paragraphs 5 and 22 of a                      Under the CAA, the Administrator is
                                                  the level from 1.5 micrograms per cubic                 COA, dated June 12, 2015, between                     required to approve a SIP submission
                                                  meter (mg/m3) to 0.15 mg/m3 calculated                  Yuasa Battery, Inc (Yuasa) and PADEP.                 that complies with the provisions of the
                                                  over a three-month rolling average.                     EPA’s analysis of the submitted                       CAA and applicable federal regulations.
                                                  Following promulgation of a new or                      attainment plan includes a review of                  42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                  revised NAAQS, EPA is required by the                   these elements for the North Reading                  Thus, in reviewing SIP submissions,
                                                  CAA to designate areas throughout the                   Area.                                                 EPA’s role is to approve state choices,
                                                  United States as attaining or not                                                                             provided that they meet the criteria of
                                                                                                             EPA’s approval of the attainment plan
                                                  attaining the NAAQS; this designation                                                                         the CAA. Accordingly, this action
                                                                                                          is based on the Agency’s finding that the
                                                  process is described in section 107(d)(1)                                                                     merely approves state law as meeting
                                                                                                          Area meets all lead NAAQS attainment
                                                  of the CAA.                                                                                                   federal requirements and does not
                                                                                                          plan requirements under CAA sections
                                                     On November 22, 2010, EPA                                                                                  impose additional requirements beyond
                                                                                                          172, 191, and 192. Due to monitored
                                                  designated Alsace and Muhlenberg                                                                              those imposed by state law. For that
                                                                                                          ambient air quality violations in early
                                                  Townships and the Laureldale Borough,                                                                         reason, this action:
                                                                                                          2013, before a major source of lead
                                                  all of which are located in Berks
                                                                                                          began idling, the Area did not attain the               • Is not a ‘‘significant regulatory
                                                  County, Pennsylvania, as the North                                                                            action’’ subject to review by the Office
                                                                                                          NAAQS, over 36 consecutive three-
                                                  Reading Area for its nonattainment                                                                            of Management and Budget under
                                                                                                          month periods, by December 2015, the
                                                  status with the 2008 lead NAAQS. 76                                                                           Executive Orders 12866 (58 FR 51735,
                                                                                                          attainment date. However, as a result of
                                                  FR 72097. The designation of the North                                                                        October 4, 1993) and 13563 (76 FR 3821,
                                                                                                          implementation of PADEP’s August 12,
                                                  Reading Area as nonattainment for the                                                                         January 21, 2011);
                                                                                                          2015 SIP revision, EPA and PADEP
                                                  2008 lead NAAQS triggered
                                                                                                          expect the North Reading Area will                      • does not impose an information
                                                  requirements under section 191(a) of the                                                                      collection burden under the provisions
                                                                                                          attain the 2008 lead NAAQS on the
                                                  CAA, requiring Pennsylvania to submit
                                                                                                          basis of 2014–2016 ambient air quality
                                                  a SIP revision with a plan for how the                                                                           1 In the Control Strategies, Reasonable Further
                                                                                                          data. EPA is approving the base year
                                                  Area will attain the 2008 lead NAAQS,                                                                         Progress, and Contingency Measures TSD that
                                                                                                          emissions inventory submitted with the                accompanied EPA’s NPR, published in the Federal
                                                  as expeditiously as practicable, but no
                                                                                                          plan, as well as the RACM/RACT and                    Register on January 11, 2016 (81 FR 1136), EPA
                                                  later than December 31, 2015.
                                                                                                          RFP analyses, the attainment                          inadvertently made a misstatement when
                                                     Section 179(a)(1) of the CAA                                                                               summarizing a small portion of a COA between
                                                                                                          demonstration including modeling, and
                                                  establishes specific consequences if EPA                                                                      PADEP and Yuasa Battery, Inc. The statement made
                                                                                                          the contingency measures for the North
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  finds that a state has failed to submit a                                                                     in the TSD was ‘‘Yuasa shall conduct stack testing
                                                                                                          Reading Area.                                         on all the stacks listed above in 2020, and thereafter
                                                  SIP or, with regard to a submitted SIP,                                                                       in any year that is divisible, with remainder, by
                                                  if EPA determines it is incomplete or if                   Other specific requirements of the SIP             five’’ when it should have stated ‘‘Yuasa shall
                                                  EPA disapproves it. Additionally, any of                submittal attainment plan for the North               conduct stack testing on all the stacks listed above
                                                  these findings also triggers an obligation              Reading Area and the rationale for                    in 2020, and thereafter in any year that is divisible,
                                                                                                          EPA’s proposed action are explained in                without remainder, by five.’’ This error was
                                                  for EPA to promulgate a federal                                                                               inadvertent and in no way alters EPA’s conclusion
                                                  implementation plan (FIP) if the state                  the NPR and its accompanying                          or analysis regarding reasonableness of
                                                  has not submitted, and EPA has not                      Technical Support Documents (TSDs)                    Pennsylvania’s RACM for the North Reading Area.



                                             VerDate Sep<11>2014   17:15 Apr 07, 2016   Jkt 238001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\08APR1.SGM   08APR1


                                                  20542                 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations

                                                  of the Paperwork Reduction Act (44                      located in the state, and EPA notes that                  Pennsylvania’s SIP revision containing
                                                  U.S.C. 3501 et seq.);                                   it will not impose substantial direct                     the attainment plan and base year
                                                     • is certified as not having a                       costs on tribal governments or preempt                    inventory for the 2008 lead NAAQS in
                                                  significant economic impact on a                        tribal law.                                               the North Reading Area may not be
                                                  substantial number of small entities                                                                              challenged later in proceedings to
                                                                                                          B. Submission to Congress and the
                                                  under the Regulatory Flexibility Act (5                                                                           enforce its requirements. (See section
                                                                                                          Comptroller General
                                                  U.S.C. 601 et seq.);                                                                                              307(b)(2).)
                                                     • does not contain any unfunded                         The Congressional Review Act, 5
                                                                                                          U.S.C. 801 et seq., as added by the Small                 List of Subjects in 40 CFR Part 52
                                                  mandate or significantly or uniquely
                                                  affect small governments, as described                  Business Regulatory Enforcement                             Environmental protection, Air
                                                  in the Unfunded Mandates Reform Act                     Fairness Act of 1996, generally provides                  pollution control, Incorporation by
                                                  of 1995 (Pub. L. 104–4);                                that before a rule may take effect, the                   reference, Intergovernmental relations,
                                                     • does not have federalism                           agency promulgating the rule must                         Lead.
                                                  implications as specified in Executive                  submit a rule report, which includes a
                                                                                                          copy of the rule, to each House of the                      Dated: March 24, 2016.
                                                  Order 13132 (64 FR 43255, August 10,                                                                              Shawn M. Garvin,
                                                  1999);                                                  Congress and to the Comptroller General
                                                                                                          of the United States. EPA will submit a                   Regional Administrator, Region III.
                                                     • is not an economically significant
                                                                                                          report containing this action and other
                                                  regulatory action based on health or                                                                                  40 CFR part 52 is amended as follows:
                                                                                                          required information to the U.S. Senate,
                                                  safety risks subject to Executive Order
                                                                                                          the U.S. House of Representatives, and                    PART 52—APPROVAL AND
                                                  13045 (62 FR 19885, April 23, 1997);
                                                                                                          the Comptroller General of the United
                                                     • is not a significant regulatory action             States prior to publication of the rule in
                                                                                                                                                                    PROMULGATION OF
                                                  subject to Executive Order 13211 (66 FR                                                                           IMPLEMENTATION PLANS
                                                                                                          the Federal Register. A major rule
                                                  28355, May 22, 2001);                                   cannot take effect until 60 days after it
                                                     • is not subject to requirements of                  is published in the Federal Register.
                                                                                                                                                                    ■ 1. The authority citation for part 52
                                                  Section 12(d) of the National                                                                                     continues to read as follows:
                                                                                                          This action is not a ‘‘major rule’’ as
                                                  Technology Transfer and Advancement                     defined by 5 U.S.C. 804(2).                                   Authority: 42 U.S.C. 7401 et seq.
                                                  Act of 1995 (15 U.S.C. 272 note) because
                                                  application of those requirements would                 C. Petitions for Judicial Review                          Subpart NN—Pennsylvania
                                                  be inconsistent with the CAA; and                          Under section 307(b)(1) of the CAA,
                                                     • does not provide EPA with the                      petitions for judicial review of this                     ■ 2. In § 52.2020, the table in paragraph
                                                  discretionary authority to address, as                  action must be filed in the United States                 (e)(1) is amended by adding an entry for
                                                  appropriate, disproportionate human                     Court of Appeals for the appropriate                      the attainment plan for the North
                                                  health or environmental effects, using                  circuit by June 7, 2016. Filing a petition                Reading nonattainment area for the 2008
                                                  practicable and legally permissible                     for reconsideration by the Administrator                  lead national ambient air quality
                                                  methods, under Executive Order 12898                    of this final rule does not affect the                    standards at the end of the table to read
                                                  (59 FR 7629, February 16, 1994).                        finality of this action for the purposes of               as follows:
                                                     In addition, this rule does not have                 judicial review nor does it extend the                    § 52.2020    Identification of plan.
                                                  tribal implications as specified by                     time within which a petition for judicial
                                                  Executive Order 13175 (65 FR 67249,                     review may be filed, and shall not                        *       *    *       *      *
                                                  November 9, 2000), because the SIP is                   postpone the effectiveness of such rule                       (e) * * *
                                                  not approved to apply in Indian country                 or action. This action approving                              (1) * * *

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


                                                           *                   *                           *                           *                       *                    *                      *
                                                  Attainment Plan and Base Year Emissions               North Reading Area                      8/12/15    4/8/16 [Insert Federal Reg-       See §§ 52.2036(z) and
                                                    Inventory for the North Reading nonattain-                                                               ister citation].                  52.2055(b).
                                                    ment area for the 2008 lead NAAQS.



                                                  *      *     *       *      *                           Environmental Protection on August 10,                    area for the 2008 lead NAAQS. This SIP
                                                  ■ 3. Section 52.2036 is amended by                      2015. This submittal consists of the                      revision including reasonably available
                                                  adding paragraph (z) to read as follows:                2010 base year emissions inventories for                  control measures, reasonably available
                                                                                                          all relevant sources in the North                         control technology, contingency
                                                  § 52.2036   Base year emissions inventory.              Reading nonattainment area for the                        measures, and attainment
                                                  *     *    *    *     *                                 pollutant lead (Pb).                                      demonstration was submitted by the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                    (z) EPA approves as a revision to the                 ■ 4. Section 52.2055 is amended by                        Secretary of the Pennsylvania
                                                  Pennsylvania state implementation plan                  adding paragraph (b) to read as follows:                  Department of Environmental Protection
                                                  the 2010 base year emissions inventory                                                                            on August 10, 2015.
                                                                                                          § 52.2055    Control strategy: Lead.
                                                  for the North Reading, Pennsylvania                                                                               [FR Doc. 2016–07993 Filed 4–7–16; 8:45 am]
                                                  nonattainment area for the 2008 lead                    *     *    *   *     *                                    BILLING CODE 6560–50–P
                                                  NAAQS. This SIP revision was                              (b) EPA approves the state
                                                  submitted by the Secretary of the                       implementation plan for the North
                                                  Pennsylvania Department of                              Reading, Pennsylvania nonattainment


                                             VerDate Sep<11>2014   17:15 Apr 07, 2016   Jkt 238001   PO 00000   Frm 00020   Fmt 4700       Sfmt 4700   E:\FR\FM\08APR1.SGM   08APR1



Document Created: 2018-02-07 13:50:17
Document Modified: 2018-02-07 13:50:17
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 May 9, 2016.
ContactEllen Schmitt, (215) 814-5787, or by email at [email protected]
FR Citation81 FR 20540 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Lead

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR