81_FR_24106 81 FR 24027 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan for the Lower Beaver Valley Nonattainment Area for the 2008 Lead National Ambient Air Quality Standards

81 FR 24027 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan for the Lower Beaver Valley Nonattainment Area for the 2008 Lead National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 79 (April 25, 2016)

Page Range24027-24029
FR Document2016-09432

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 Lower Beaver Valley nonattainment area (Lower Beaver Valley 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), a modeling demonstration of attainment, and contingency measures for the Area. EPA is approving Pennsylvania's lead attainment plan for the Lower Beaver Valley Area as a revision to Pennsylvania's SIP in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 79 (Monday, April 25, 2016)
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Rules and Regulations]
[Pages 24027-24029]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09432]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0112; FRL-9945-45-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Attainment Plan for the Lower Beaver Valley Nonattainment 
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 
Lower Beaver Valley nonattainment area (Lower Beaver Valley 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), a modeling demonstration of attainment, and contingency 
measures for the Area. EPA is approving Pennsylvania's lead attainment 
plan for the Lower Beaver Valley 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 25, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0112. 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 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 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: Gerallyn Duke, (215) 814-2084, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On January 20, 2016 (81 FR 3078), 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 Lower 
Beaver Valley Area. The formal SIP revision was submitted by 
Pennsylvania on January 15, 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 (75 FR 71033), EPA designated Vanport and 
Potter Townships in Beaver County, Pennsylvania as the Lower Beaver 
Valley Area for its nonattainment status with respect to the 2008 lead 
NAAQS. On November 22, 2011 (76 FR 72097), EPA revised the Lower Beaver 
Valley Area boundary to include Center Township. The designation of the 
Lower Beaver Valley 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.\1\
---------------------------------------------------------------------------

    \1\ EPA determined that extension of the Lower Beaver Valley 
nonattainment area did not affect the required attainment date or 
SIP submission deadline for the Area. See 76 FR 72097 (November 22, 
2011).
---------------------------------------------------------------------------

    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 Lower Beaver Valley Area. 
79 FR 10391. With this final approval of Pennsylvania's Lower Beaver 
Valley attainment plan SIP in accordance with section 172(c) of the 
CAA, EPA no longer has any obligation to issue a FIP for the Lower 
Beaver Valley Area in accordance with section 110(c) of the CAA.

II. Summary of SIP Revision

    On January 15, 2015, Pennsylvania through the Department of 
Environmental Protection (PADEP) submitted an attainment plan for the 
Lower Beaver Valley 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 as attainment control measures certain 
provisions of a November 21, 2012 consent order and agreement (COA) 
(specifically including paragraphs 3, 5, and 6) between PADEP and 
Horsehead Corporation (Horsehead), the largest source of lead in the 
Area at the time of designations. Pennsylvania's attainment 
demonstration relied primarily on the emissions reductions achieved by 
the shutdown of the smelter equipment at Horsehead, as required by the 
COA. EPA's analysis of the submitted attainment plan includes a review 
of

[[Page 24028]]

these elements for the Lower Beaver Valley Area.
    EPA's approval of the attainment plan is based on the Agency's 
finding that the Area meets all applicable lead NAAQS attainment plan 
requirements under CAA sections 172, 191, and 192. Due to monitored 
ambient air quality violations in 2013 and 2014, the Area did not 
attain the lead NAAQS by the applicable attainment date of December 
2015. However, closure of Horsehead in 2014 as required per the COA 
will facilitate attainment of the 2008 lead NAAQS by 2017. EPA is 
approving the attainment 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 
Lower Beaver Valley Area.
    Other specific requirements of the SIP submittal attainment plan 
for the Lower Beaver Valley 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. No public comments were 
received on the NPR.

III. Final Action

    EPA is approving the lead attainment plan for the Lower Beaver 
Valley Area as a revision to the Pennsylvania SIP, as submitted on 
January 15, 2015, including the attainment demonstration, base year 
emissions inventory, RACM/RACT and RFP analyses, contingency measures 
and paragraphs 3,5 and 6 of the COA between PADEP and Horsehead 
provided as attainment control measures. EPA has determined that the 
January 15, 2015 SIP revision meets the applicable requirements of the 
CAA. With EPA's final approval of Pennsylvania's Lower Beaver Valley 
Area attainment plan as a SIP revision, EPA no longer has any 
obligation to promulgate a FIP for the 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 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 24, 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 for the 2008 lead NAAQS in the Lower Beaver Valley 
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: April 6, 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 
the entry ``2008 Lead Attainment Plan'' at the end of the table to read 
as follows:


Sec.  52.2020  Identification of plan.

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

[[Page 24029]]



----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2008 Lead Attainment Plan........  Lower Beaver Valley         1/15/15  4/25/16, [Insert     See Sec.  Sec.
                                    Area.                                Federal Register     52.2036(aa) and
                                                                         citation].           52.2055(c).
----------------------------------------------------------------------------------------------------------------

* * * * *

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


Sec.  52.2036  Base year emissions inventory.

* * * * *
    (aa) EPA approves as a revision to the Pennsylvania state 
implementation plan the 2010 base year emissions inventory for the 
Lower Beaver Valley, Pennsylvania nonattainment area for the 2008 lead 
NAAQS. This SIP revision was submitted by the Pennsylvania Department 
of Environmental Protection on January 15, 2015. This submittal 
includes the 2010 base year emissions inventory for all relevant 
sources in the Lower Beaver Valley nonattainment area for the pollutant 
lead.

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


Sec.  52.2055  Control strategy: Lead.

* * * * *
    (c) EPA approves the state implementation plan for the Lower Beaver 
Valley, Pennsylvania nonattainment area for the 2008 lead NAAQS. This 
SIP revision includes reasonably available control measures, reasonably 
available control technology, contingency measures, and an attainment 
demonstration submitted by the Pennsylvania Department of Environmental 
Protection on January 15, 2015.

[FR Doc. 2016-09432 Filed 4-22-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                    Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations                                                 24027

                                                amends 38 CFR part 17 with the                          Valley Area as a revision to                          On November 22, 2011 (76 FR 72097),
                                                following correcting amendment:                         Pennsylvania’s SIP in accordance with                 EPA revised the Lower Beaver Valley
                                                                                                        the requirements of the Clean Air Act                 Area boundary to include Center
                                                PART 17—MEDICAL                                         (CAA).                                                Township. The designation of the Lower
                                                                                                        DATES: This final rule is effective on                Beaver Valley Area as nonattainment for
                                                ■ 1. The authority citation for part 17                                                                       the 2008 lead NAAQS triggered
                                                continues to reads as follows:                          May 25, 2016.
                                                                                                                                                              requirements under section 191(a) of the
                                                                                                        ADDRESSES: EPA has established a
                                                  Authority: 38 U.S.C. 501, and as noted in                                                                   CAA, requiring Pennsylvania to submit
                                                specific sections.                                      docket for this action under Docket ID
                                                                                                                                                              a SIP revision with a plan for how the
                                                                                                        Number EPA–R03–OAR–2015–0112. All
                                                ■ 2. In § 17.1530, add paragraphs (a)(1)                                                                      Area will attain the 2008 lead NAAQS,
                                                                                                        documents in the docket are listed in
                                                and (2) to read as follows:                                                                                   as expeditiously as practicable, but no
                                                                                                        the www.regulations.gov Web site.
                                                                                                                                                              later than December 31, 2015.1
                                                                                                        Although listed in the electronic docket,
                                                § 17.1530   Eligible entities and providers.                                                                     Section 179(a)(1) of the CAA
                                                                                                        some information is not publicly
                                                  (a) * * *                                                                                                   establishes specific consequences if EPA
                                                                                                        available, i.e., confidential business
                                                  (1) Not a part of, or an employee of,                                                                       finds that a state has failed to submit a
                                                                                                        information (CBI) or other information
                                                VA; or                                                                                                        SIP or, with regard to a submitted SIP,
                                                                                                        whose disclosure is restricted by statute.            if EPA determines it is incomplete or if
                                                  (2) If the provider is an employee of
                                                                                                        Certain other material, such as                       EPA disapproves it. Additionally, any of
                                                VA, is not acting within the scope of
                                                                                                        copyrighted material, is not placed on                these findings also triggers an obligation
                                                such employment while providing
                                                                                                        the Internet and will be publicly                     for EPA to promulgate a federal
                                                hospital care or medical services
                                                                                                        available only in hard copy form.                     implementation plan (FIP) if the state
                                                through the Veterans Choice Program.
                                                                                                        Publicly available docket materials are               has not submitted, and EPA has not
                                                *     *      *    *     *                               available through www.regulations.gov                 approved, the required SIP within 2
                                                  Dated: April 19, 2016.                                or may be viewed during normal                        years of the finding pursuant to section
                                                William F. Russo,                                       business hours at the Air Protection                  110(c) of the CAA. On February 25,
                                                Office of Regulation Policy & Management,
                                                                                                        Division, U.S. Environmental Protection               2014, the EPA issued a finding that
                                                Office of the General Counsel.                          Agency, Region III, 1650 Arch Street,                 Pennsylvania failed to make the
                                                [FR Doc. 2016–09475 Filed 4–22–16; 8:45 am]
                                                                                                        Philadelphia, Pennsylvania 19103.                     required nonattainment SIP submission
                                                                                                        Copies of the State submittal are                     for the Lower Beaver Valley Area. 79 FR
                                                BILLING CODE 8320–01–P
                                                                                                        available at the Pennsylvania                         10391. With this final approval of
                                                                                                        Department of Environmental                           Pennsylvania’s Lower Beaver Valley
                                                                                                        Protection, Bureau of Air Quality                     attainment plan SIP in accordance with
                                                ENVIRONMENTAL PROTECTION                                Control, P.O. Box 8468, 400 Market
                                                AGENCY                                                                                                        section 172(c) of the CAA, EPA no
                                                                                                        Street, Harrisburg, Pennsylvania 17105.               longer has any obligation to issue a FIP
                                                40 CFR Part 52                                          FOR FURTHER INFORMATION CONTACT:                      for the Lower Beaver Valley Area in
                                                                                                        Gerallyn Duke, (215) 814–2084, or by                  accordance with section 110(c) of the
                                                [EPA–R03–OAR–2015–0112; FRL–9945–45–                    email at duke.gerallyn@epa.gov.                       CAA.
                                                Region 3]
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                              II. Summary of SIP Revision
                                                Approval and Promulgation of Air                        I. Background                                            On January 15, 2015, Pennsylvania
                                                Quality Implementation Plans;
                                                                                                           On January 20, 2016 (81 FR 3078),                  through the Department of
                                                Pennsylvania; Attainment Plan for the
                                                                                                        EPA published a notice of proposed                    Environmental Protection (PADEP)
                                                Lower Beaver Valley Nonattainment
                                                                                                        rulemaking (NPR) for the                              submitted an attainment plan for the
                                                Area for the 2008 Lead National
                                                                                                        Commonwealth of Pennsylvania. In the                  Lower Beaver Valley Area as a SIP
                                                Ambient Air Quality Standards                                                                                 revision which includes a base year
                                                                                                        NPR, EPA proposed approval of a
                                                AGENCY:  Environmental Protection                       revision to Pennsylvania’s SIP for the                emissions inventory, an attainment
                                                Agency (EPA).                                           purpose of demonstrating attainment of                demonstration, an analysis of RACM
                                                ACTION: Final rule.                                     the 2008 lead NAAQS in the Lower                      and RACT, provisions for RFP, and
                                                                                                        Beaver Valley Area. The formal SIP                    contingency measures. The SIP revision
                                                SUMMARY:   The Environmental Protection                 revision was submitted by Pennsylvania                also includes as attainment control
                                                Agency (EPA) is approving a state                       on January 15, 2015.                                  measures certain provisions of a
                                                implementation plan (SIP) revision                         On November 12, 2008 (73 FR 66964),                November 21, 2012 consent order and
                                                submitted by the Commonwealth of                        EPA revised the lead NAAQS, lowering                  agreement (COA) (specifically including
                                                Pennsylvania (Pennsylvania). The                        the level from 1.5 micrograms per cubic               paragraphs 3, 5, and 6) between PADEP
                                                revision demonstrates attainment of the                 meter (mg/m3) to 0.15 mg/m3 calculated                and Horsehead Corporation
                                                2008 lead national ambient air quality                  over a three-month rolling average.                   (Horsehead), the largest source of lead
                                                standards (NAAQS) in the Lower Beaver                   Following promulgation of a new or                    in the Area at the time of designations.
                                                Valley nonattainment area (Lower                        revised NAAQS, EPA is required by the                 Pennsylvania’s attainment
                                                Beaver Valley Area or Area). The                        CAA to designate areas throughout the                 demonstration relied primarily on the
                                                attainment plan includes the base year                  United States as attaining or not                     emissions reductions achieved by the
                                                emissions inventory, an analysis of                     attaining the NAAQS; this designation                 shutdown of the smelter equipment at
                                                reasonably available control technology                 process is described in section 107(d)(1)             Horsehead, as required by the COA.
jstallworth on DSK7TPTVN1PROD with RULES




                                                (RACT), reasonably available control                    of the CAA.                                           EPA’s analysis of the submitted
                                                measures (RACM) and reasonable                             On November 22, 2010 (75 FR 71033),                attainment plan includes a review of
                                                further progress (RFP), a modeling                      EPA designated Vanport and Potter
                                                demonstration of attainment, and                        Townships in Beaver County,                             1 EPA determined that extension of the Lower

                                                contingency measures for the Area. EPA                  Pennsylvania as the Lower Beaver                      Beaver Valley nonattainment area did not affect the
                                                                                                                                                              required attainment date or SIP submission
                                                is approving Pennsylvania’s lead                        Valley Area for its nonattainment status              deadline for the Area. See 76 FR 72097 (November
                                                attainment plan for the Lower Beaver                    with respect to the 2008 lead NAAQS.                  22, 2011).



                                           VerDate Sep<11>2014   15:10 Apr 22, 2016   Jkt 238001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\25APR1.SGM   25APR1


                                                24028               Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations

                                                these elements for the Lower Beaver                     impose additional requirements beyond                 copy of the rule, to each House of the
                                                Valley Area.                                            those imposed by state law. For that                  Congress and to the Comptroller General
                                                   EPA’s approval of the attainment plan                reason, this action:                                  of the United States. EPA will submit a
                                                is based on the Agency’s finding that the                  • Is not a ‘‘significant regulatory                report containing this action and other
                                                Area meets all applicable lead NAAQS                    action’’ subject to review by the Office              required information to the U.S. Senate,
                                                attainment plan requirements under                      of Management and Budget under                        the U.S. House of Representatives, and
                                                CAA sections 172, 191, and 192. Due to                  Executive Orders 12866 (58 FR 51735,                  the Comptroller General of the United
                                                monitored ambient air quality violations                October 4, 1993) and 13563 (76 FR 3821,               States prior to publication of the rule in
                                                in 2013 and 2014, the Area did not                      January 21, 2011);                                    the Federal Register. A major rule
                                                attain the lead NAAQS by the                               • Does not impose an information                   cannot take effect until 60 days after it
                                                applicable attainment date of December                  collection burden under the provisions                is published in the Federal Register.
                                                2015. However, closure of Horsehead in                  of the Paperwork Reduction Act (44                    This action is not a ‘‘major rule’’ as
                                                2014 as required per the COA will                       U.S.C. 3501 et seq.);                                 defined by 5 U.S.C. 804(2).
                                                facilitate attainment of the 2008 lead                     • Is certified as not having a
                                                NAAQS by 2017. EPA is approving the                     significant economic impact on a                      C. Petitions for Judicial Review
                                                attainment year emissions inventory                     substantial number of small entities                     Under section 307(b)(1) of the CAA,
                                                submitted with the plan, as well as the                 under the Regulatory Flexibility Act (5               petitions for judicial review of this
                                                RACM/RACT and RFP analyses, the                         U.S.C. 601 et seq.);                                  action must be filed in the United States
                                                attainment demonstration including                         • Does not contain any unfunded                    Court of Appeals for the appropriate
                                                modeling, and the contingency                           mandate or significantly or uniquely                  circuit by June 24, 2016. Filing a
                                                measures for the Lower Beaver Valley                    affect small governments, as described                petition for reconsideration by the
                                                Area.                                                   in the Unfunded Mandates Reform Act                   Administrator of this final rule does not
                                                   Other specific requirements of the SIP               of 1995 (Pub. L. 104–4);                              affect the finality of this action for the
                                                submittal attainment plan for the Lower                    • Does not have federalism                         purposes of judicial review nor does it
                                                Beaver Valley Area and the rationale for                implications as specified in Executive                extend the time within which a petition
                                                EPA’s proposed action are explained in                  Order 13132 (64 FR 43255, August 10,                  for judicial review may be filed, and
                                                the NPR and its accompanying                            1999);                                                shall not postpone the effectiveness of
                                                Technical Support Documents (TSDs)                         • Is not an economically significant               such rule or action. This action
                                                and will not be restated here. No public                regulatory action based on health or                  approving Pennsylvania’s SIP revision
                                                comments were received on the NPR.                      safety risks subject to Executive Order               containing the attainment plan for the
                                                III. Final Action                                       13045 (62 FR 19885, April 23, 1997);                  2008 lead NAAQS in the Lower Beaver
                                                                                                           • Is not a significant regulatory action
                                                   EPA is approving the lead attainment                                                                       Valley Area may not be challenged later
                                                                                                        subject to Executive Order 13211 (66 FR
                                                plan for the Lower Beaver Valley Area                                                                         in proceedings to enforce its
                                                                                                        28355, May 22, 2001);
                                                as a revision to the Pennsylvania SIP, as                                                                     requirements. (See section 307(b)(2)).
                                                                                                           • Is not subject to requirements of
                                                submitted on January 15, 2015,                          Section 12(d) of the National                         List of Subjects in 40 CFR Part 52
                                                including the attainment demonstration,                 Technology Transfer and Advancement
                                                base year emissions inventory, RACM/                    Act of 1995 (15 U.S.C. 272 note) because                Environmental protection, Air
                                                RACT and RFP analyses, contingency                      application of those requirements would               pollution control, Incorporation by
                                                measures and paragraphs 3,5 and 6 of                    be inconsistent with the CAA; and                     reference, Intergovernmental relations,
                                                the COA between PADEP and                                  • Does not provide EPA with the                    Lead.
                                                Horsehead provided as attainment                        discretionary authority to address, as                  Dated: April 6, 2016.
                                                control measures. EPA has determined                    appropriate, disproportionate human                   Shawn M. Garvin,
                                                that the January 15, 2015 SIP revision                  health or environmental effects, using                Regional Administrator, Region III.
                                                meets the applicable requirements of the                practicable and legally permissible
                                                CAA. With EPA’s final approval of                       methods, under Executive Order 12898                      40 CFR part 52 is amended as follows:
                                                Pennsylvania’s Lower Beaver Valley                      (59 FR 7629, February 16, 1994).
                                                Area attainment plan as a SIP revision,                                                                       PART 52—APPROVAL AND
                                                                                                           In addition, this rule does not have
                                                EPA no longer has any obligation to                                                                           PROMULGATION OF
                                                                                                        tribal implications as specified by
                                                promulgate a FIP for the Area pursuant                                                                        IMPLEMENTATION PLANS
                                                                                                        Executive Order 13175 (65 FR 67249,
                                                to sections 110(c) or 172(c) of the CAA.                November 9, 2000), because the SIP is
                                                                                                                                                              ■ 1. The authority citation for part 52
                                                IV. Statutory and Executive Order                       not approved to apply in Indian country
                                                                                                                                                              continues to read as follows:
                                                Reviews                                                 located in the state, and EPA notes that
                                                                                                        it will not impose substantial direct                     Authority: 42 U.S.C. 7401 et seq.
                                                A. General Requirements                                 costs on tribal governments or preempt
                                                  Under the CAA, the Administrator is                   tribal law.                                           Subpart NN—Pennsylvania
                                                required to approve a SIP submission
                                                that complies with the provisions of the                B. Submission to Congress and the                     ■  2. In § 52.2020, the table in paragraph
                                                CAA and applicable federal regulations.                 Comptroller General                                   (e)(1) is amended by adding the entry
                                                42 U.S.C. 7410(k); 40 CFR 52.02(a).                       The Congressional Review Act, 5                     ‘‘2008 Lead Attainment Plan’’ at the end
                                                Thus, in reviewing SIP submissions,                     U.S.C. 801 et seq., as added by the Small             of the table to read as follows:
                                                EPA’s role is to approve state choices,                 Business Regulatory Enforcement
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                                                                              § 52.2020    Identification of plan.
                                                provided that they meet the criteria of                 Fairness Act of 1996, generally provides
                                                the CAA. Accordingly, this action                       that before a rule may take effect, the               *       *    *      *     *
                                                merely approves state law as meeting                    agency promulgating the rule must                         (e) * * *
                                                federal requirements and does not                       submit a rule report, which includes a                    (1) * * *




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                                                                       Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations                                                      24029

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


                                                        *                    *                  *                                         *                       *                  *                 *
                                                2008 Lead Attainment Plan .... Lower Beaver Valley Area .....                              1/15/15     4/25/16, [Insert Federal Reg- See §§ 52.2036(aa) and
                                                                                                                                                         ister citation].              52.2055(c).



                                                *     *    *     *     *                                       ENVIRONMENTAL PROTECTION                                   San Francisco, California 94105–3901.
                                                ■ 3. Section 52.2036 is amended by                             AGENCY                                                     While all documents in the docket are
                                                adding paragraph (aa) to read as follows:                                                                                 listed at http://www.regulations.gov,
                                                                                                               40 CFR Part 52                                             some information may be publicly
                                                § 52.2036      Base year emissions inventory.
                                                                                                               [EPA–R09–OAR–2015–0751; FRL–9944–38–                       available only at the hard copy location
                                                *     *     *     *     *                                      Region 9]                                                  (e.g., copyrighted material, large maps,
                                                  (aa) EPA approves as a revision to the                                                                                  multi-volume reports), and some may
                                                Pennsylvania state implementation plan                         Approval of California Air Plan                            not be available in either location (e.g.,
                                                the 2010 base year emissions inventory                         Revisions, San Joaquin Valley Unified
                                                for the Lower Beaver Valley,                                                                                              confidential business information
                                                                                                               Air Pollution Control District                             (CBI)). To inspect the hard copy
                                                Pennsylvania nonattainment area for the
                                                2008 lead NAAQS. This SIP revision                             AGENCY:  Environmental Protection                          materials, please schedule an
                                                was submitted by the Pennsylvania                              Agency (EPA).                                              appointment during normal business
                                                Department of Environmental Protection                         ACTION: Final rule.                                        hours with the contact listed in the FOR
                                                on January 15, 2015. This submittal                                                                                       FURTHER INFORMATION CONTACT section.
                                                includes the 2010 base year emissions                          SUMMARY:   The Environmental Protection
                                                                                                               Agency (EPA) is taking final action to                     FOR FURTHER INFORMATION CONTACT:
                                                inventory for all relevant sources in the                                                                                 Nicole Law, EPA Region IX, (415) 947–
                                                Lower Beaver Valley nonattainment area                         approve a revision to the San Joaquin
                                                                                                               Valley Unified Air Pollution Control                       4126, Law.Nicole@epa.gov.
                                                for the pollutant lead.
                                                ■ 4. Section 52.2055 is amended by
                                                                                                               District (SJVUAPCD) portion of the                         SUPPLEMENTARY INFORMATION:
                                                adding paragraph (c) to read as follows:                       California State Implementation Plan                       Throughout this document, ‘‘we,’’ ‘‘us’’
                                                                                                               (SIP). This revision concerns emissions                    and ‘‘our’’ refer to the EPA.
                                                § 52.2055      Control strategy: Lead.                         of volatile organic compounds (VOCs),
                                                *      *    *   *     *                                        oxides of nitrogen (NOX), and                              Table of Contents
                                                   (c) EPA approves the state                                  particulate matter (PM) from internal                      I. Proposed Action
                                                implementation plan for the Lower                              combustion engines. We are approving                       II. Public Comments and EPA Responses
                                                Beaver Valley, Pennsylvania                                    a local rule that regulates these emission                 III. EPA Action
                                                nonattainment area for the 2008 lead                           sources under the Clean Air Act (CAA                       IV. Incorporation by Reference
                                                NAAQS. This SIP revision includes                              or the Act).                                               V. Statutory and Executive Order Reviews
                                                reasonably available control measures,                         DATES: This rule will be effective on
                                                reasonably available control technology,                       May 25, 2016.                                              I. Proposed Action
                                                contingency measures, and an                                   ADDRESSES: The EPA has established
                                                attainment demonstration submitted by                                                                                       On December 2, 2015 (80 FR 75442),
                                                                                                               docket number EPA–R09–OAR–2015–                            the EPA proposed to approve the
                                                the Pennsylvania Department of                                 0751 for this action. Generally,
                                                Environmental Protection on January                                                                                       following rule into the California SIP.
                                                                                                               documents in the docket for this action
                                                15, 2015.                                                      are available electronically at http://
                                                [FR Doc. 2016–09432 Filed 4–22–16; 8:45 am]                    www.regulations.gov or in hard copy at
                                                BILLING CODE 6560–50–P                                         EPA Region IX, 75 Hawthorne Street,

                                                             Local agency                           Rule No.                                     Rule title                                  Amended        Submitted

                                                SJVUAPCD ...................................          4702         Internal Combustion Engines ...........................................   11/14/13        05/13/14



                                                  We proposed to approve this rule                             February 12, 2016 for an additional 15                     IV. Incorporation by Reference
                                                because we determined that it complied                         days to ensure the public had an
                                                with the relevant CAA requirements.                            opportunity to review and comment on                          In this rule, the EPA is finalizing
                                                Our proposed action contains more                              all material in the docket. During both                    regulatory text that includes
                                                information on the rule and our                                open comment periods, we received no                       incorporation by reference. In
                                                evaluation.                                                    comments.                                                  accordance with requirements of 1 CFR
                                                                                                                                                                          51.5, the EPA is finalizing the
                                                II. Public Comments and EPA                                    III. EPA Action                                            incorporation by reference of the
                                                Responses
                                                                                                                                                                          SJVUAPCD rules described in the
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                                                  The EPA’s proposed action provided                             No comments were submitted.
                                                                                                                                                                          amendments to 40 CFR part 52 set forth
                                                a 30-day public comment period.                                Therefore, as authorized in section
                                                                                                                                                                          below. The EPA has made, and will
                                                Because one document in the docket for                         110(k)(3) of the Act, the EPA is fully
                                                                                                                                                                          continue to make, these documents
                                                the proposal was not listed in                                 approving this rule into the California
                                                                                                                                                                          available electronically through
                                                www.regulations.gov until after the                            SIP.
                                                                                                                                                                          www.regulations.gov and in hard copy
                                                comment period had closed, EPA                                                                                            at the appropriate EPA office (see the
                                                reopened the comment period on


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Document Created: 2016-04-23 01:39:08
Document Modified: 2016-04-23 01:39:08
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 25, 2016.
ContactGerallyn Duke, (215) 814-2084, or by email at [email protected]
FR Citation81 FR 24027 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Lead

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