81 FR 24492 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2011 Base Year Inventories for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading Areas, and the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic City Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 80 (April 26, 2016)
Federal Register Volume 81, Issue 80 (April 26, 2016)
| Page Range | 24492-24496 | |
| FR Document | 2016-09591 |
[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)] [Rules and Regulations] [Pages 24492-24496] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09591] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0002; FRL-9945-47-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2011 Base Year Inventories for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Allentown-Bethlehem- Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading Areas, and the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic City Area AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve the 2011 base year inventories for the five Pennsylvania marginal nonattainment areas for the 2008 8-hour ozone national ambient air quality standard (NAAQS), the Allentown-Bethlehem- Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas and the Pennsylvania portion of the Philadelphia-Wilmington- Atlantic City nonattainment area. The Commonwealth of Pennsylvania submitted the emission inventories to meet the nonattainment requirements for marginal ozone nonattainment areas for the 2008 8-hour ozone NAAQS. EPA is approving the 2011 base year emissions inventories for the 2008 8-hour ozone NAAQS as a revision to the Pennsylvania State Implementation Plan (SIP), in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on June 27, 2016 without further notice, unless EPA receives adverse written comment by May 26, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2016-0002 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Ground-level ozone is formed when nitrogen oxides (NOX ) and volatile organic compounds (VOC) react in the presence of sunlight. Referred to as ozone precursors, these two pollutants are emitted by many types of pollution sources, including motor vehicles, power plants, industrial facilities, and area wide sources, such as consumer products and lawn and garden equipment. Scientific evidence indicates that adverse public health effects occur following a person's exposure to ozone. These effects are more pronounced in children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases. In 1979, in response to this scientific evidence, EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm) 1-hour ozone NAAQS. See 44 FR 8202 (February 8, 1979). EPA had previously promulgated a NAAQS for total photochemical oxidants. On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08 ppm, averaged over eight hours. 62 FR 38855. This standard was determined to be more protective of public health than the previous 1979 1-hour ozone standard. In 2008, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008). On May 21, 2012, the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, Reading, and Philadelphia-Wilmington-Atlantic City areas were designated as marginal nonattainment for the more stringent 2008 8-hour ozone NAAQS. 77 FR 30088. The Allentown-Bethlehem-Easton nonattainment area is comprised of Carbon, Lehigh, and Northampton Counties, all in Pennsylvania. Lancaster and Reading are single-county nonattainment areas, comprised of Lancaster County, Pennsylvania and Berks County, Pennsylvania, respectively. The Pittsburgh-Beaver Valley nonattainment area is comprised of Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland Counties, all in Pennsylvania. The Philadelphia- Wilmington-Atlantic City nonattainment areas includes Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties in Pennsylvania, plus counties in Delaware, Maryland, and New Jersey. Under section 172(c)(3) of the CAA, Pennsylvania is required to submit comprehensive, accurate, and current inventories of actual emissions from all sources of the relevant pollutants in its marginal nonattainment areas, i.e., the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas, and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment area. On October 1, 2015, EPA strengthened the ground-level ozone NAAQS to 0.070 ppm, based on extensive scientific evidence about ozone's effects on public health and welfare. See 80 FR 65292 (October 26, 2015). As required by section 107(d) of the CAA, EPA intends to complete the initial designation process within two years of promulgation of the 2015 ozone NAAQS, i.e., no later than October 1, 2017. This rulemaking does not address the 2015 ozone NAAQS. [[Page 24493]] II. Summary of SIP Revision Under CAA section 172(c)(3), states are required to submit a comprehensive, accurate, current accounting of actual emissions from all sources (point, nonpoint, nonroad, and onroad) in the nonattainment area. CAA section 182(a)(1) requires that areas designated as nonattainment and classified as marginal are to submit an inventory of all sources of ozone precursors no later than 2 years after the effective date of designation. EPA's guidance for emissions inventory development calls for actual emissions to be used in the base year inventory. The state must report annual emissions as well as ``summer day emissions.'' As defined in 40 CFR 51.900(v), ``summer day emissions'' means, ``an average day's emissions for a typical summer work weekday. The state will select the particular month(s) in summer and the day(s) in the work week to be represented.'' On September 30, 2015, the Pennsylvania Department of Environmental Protection (PADEP), submitted a SIP revision entitled, ``2011 Base Year Inventory for the Pennsylvania Portion of Five 2008 Ozone Nonattainment Areas: Allentown-Bethlehem-Easton, Lancaster, Philadelphia-Wilmington- Atlantic City, Pittsburgh-Beaver Valley, Reading.'' PADEP selected 2011 as its base year for SIP planning purposes, as recommended in EPA's final rule, ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements.'' 80 FR 12263 (March 6, 2015). PADEP's 2011 base year inventories include emissions estimates covering the general source categories of stationary point, stationary nonpoint, nonroad mobile, and onroad mobile. In its 2011 base year inventories, PADEP reported actual annual emissions and typical summer day emissions for the months of May through September for NOX , VOC, and carbon monoxide (CO). Tables 1 through 5 summarize the 2011 VOC, NOX , and CO emission inventory by source sector for Pennsylvania's five marginal nonattainment areas. Annual emissions are given in tons per year (tpy), and summer weekday emissions are given in tons per day (tpd). Table 1--Summary of 2011 Emissions for the Allentown-Bethlehem-Easton Area -------------------------------------------------------------------------------------------------------------------------------------------------------- Summer weekday (tpd) Annual (tpy) Source sector ----------------------------------------------------------------------------------------------- VOC NOX CO VOC NOX CO -------------------------------------------------------------------------------------------------------------------------------------------------------- Point................................................... 3.5844 24.0763 44.5565 1,298.2944 8,882.4313 15,980.1187 Nonpoint................................................ 52.4620 4.3983 10.7226 21,874.0747 2,365.4084 17,758.0824 Nonroad................................................. 7.3491 8.4916 81.1983 2,624.7749 2,372.2160 26,305.6727 Highway................................................. 17.1800 35.5600 172.5900 6,169.9800 12,833.6100 76,800.1200 ----------------------------------------------------------------------------------------------- Total............................................... 80.5755 72.5262 309.0674 31,967.1240 26,453.6657 136,843.9938 -------------------------------------------------------------------------------------------------------------------------------------------------------- Table 2--Summary of 2011 Emissions for the Lancaster Area -------------------------------------------------------------------------------------------------------------------------------------------------------- Summer weekday (tpd) Annual (tpy) Source sector ----------------------------------------------------------------------------------------------- VOC NOX CO VOC NOX CO -------------------------------------------------------------------------------------------------------------------------------------------------------- Point................................................... 6.0096 3.3279 4.9232 2,161.8035 1,225.2810 1,811.4742 Nonpoint................................................ 31.6881 4.1839 14.0763 13,262.0758 2,043.6030 13,992.7848 Nonroad................................................. 9.4751 8.1193 75.9137 3,854.6239 2,369.2314 26,064.9100 Highway................................................. 11.9900 24.4200 121.0300 4,233.6300 8,879.1200 52,716.3700 ----------------------------------------------------------------------------------------------- Total............................................... 59.1628 40.0511 215.9432 23,512.1332 14,571.2354 94,585.5390 -------------------------------------------------------------------------------------------------------------------------------------------------------- Table 3--Summary of 2011 Emissions for the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic City Area -------------------------------------------------------------------------------------------------------------------------------------------------------- Summer weekday (tpd) Annual (tpy) Source sector ----------------------------------------------------------------------------------------------- VOC NOX CO VOC NOX CO -------------------------------------------------------------------------------------------------------------------------------------------------------- Point................................................... 13.8162 39.8652 35.4149 5,044.1788 14,466.8247 12,605.2393 Nonpoint................................................ 144.0575 27.7843 24.6034 55,434.4159 14,394.6064 27,032.5230 Nonroad................................................. 41.8480 39.2817 510.4407 14,368.4324 11,090.2074 162,745.4696 Highway................................................. 60.5800 123.3900 631.6900 21,497.8300 43,869.0400 259,855.7300 ----------------------------------------------------------------------------------------------- Total............................................... 260.3017 230.3212 1,202.1490 96,344.8571 83,820.6785 462,238.9619 -------------------------------------------------------------------------------------------------------------------------------------------------------- Table 4--Summary of 2011 Emissions for the Pittsburgh-Beaver Valley Area -------------------------------------------------------------------------------------------------------------------------------------------------------- Summer weekday (tpd) Annual (tpy) Source sector ----------------------------------------------------------------------------------------------- VOC NOX CO VOC NOX CO -------------------------------------------------------------------------------------------------------------------------------------------------------- Point................................................... 10.6595 160.0714 120.1636 3,900.9235 57,329.8382 43,988.6819 [[Page 24494]] Nonpoint................................................ 191.5216 65.3470 85.7973 63,326.9810 27,064.6374 49,340.2937 Nonroad................................................. 24.8491 27.7845 284.5770 9,281.1724 7,908.6977 93,498.8397 Highway................................................. 43.5400 88.8500 446.6400 16,584.5300 32,360.4000 210,881.4800 ----------------------------------------------------------------------------------------------- Total............................................... 270.5702 342.0529 937.1779 93,093.6069 124,663.5733 397,709.2953 -------------------------------------------------------------------------------------------------------------------------------------------------------- Table 5--Summary of 2011 Emissions for the Reading Area -------------------------------------------------------------------------------------------------------------------------------------------------------- Summer weekday (tpd) Annual (tpy) Source sector ----------------------------------------------------------------------------------------------- VOC NOX CO VOC NOX CO -------------------------------------------------------------------------------------------------------------------------------------------------------- Point................................................... 3.4007 8.6847 5.4075 1,223.7618 3,139.5588 1,946.4482 Nonpoint................................................ 32.6838 4.2975 11.0720 13,462.6586 2,055.8245 11,792.2040 Nonroad................................................. 4.5626 5.4649 46.8275 1,650.9746 1,528.6220 15,312.2966 Highway................................................. 9.8600 22.1100 98.8800 3,479.3500 8,073.1900 43,022.4700 ----------------------------------------------------------------------------------------------- Total............................................... 50.5071 40.5571 162.1870 19,816.7450 14,797.3983 72,073.4188 -------------------------------------------------------------------------------------------------------------------------------------------------------- Point sources are large, stationary, identifiable sources of emissions that release pollutants into the atmosphere. Pennsylvania obtained its point source data from the Pennsylvania Air Information Management System (AIMS). PADEP regional offices identify and inventory stationary sources for AIMS through inspections, surveys, and permitting. Inventory data for point sources in Allegheny and Philadelphia Counties was developed by the Allegheny County Health Department (ACHD) and the Philadelphia Air Management Services (AMS), respectively. ACHD and AMS provided their point source data to PADEP and also submitted it to EPA for the National Emission Inventory (NEI). Nonpoint sources, also known as area sources, are sources of pollution that are small and numerous, and that have not been inventoried as specific point or mobile sources. To inventory these sources, they are grouped so that emissions can be estimated collectively using one methodology. Examples are residential heating emissions and consumer solvents. PADEP calculated nonpoint emissions for each county by multiplying emissions factors specific for each source category with some known indicator of collective activity for each source category, such as population or employment data. Nonroad sources are mobile sources other than onroad vehicles, including aircraft, locomotives, construction and agricultural equipment, and marine vessels. Emissions from different source categories are calculated using various methodologies. PADEP relied on EPA's nonroad emissions calculations, from the 2011 NEI, version 1. Onroad or highway sources are vehicles, such as cars, trucks, and buses, which are operated on public roadways. PADEP estimated highway emissions using EPA's Motor Vehicle Emission Simulator (MOVES) model, version 2010b. EPA reviewed Pennsylvania's 2011 base year emission inventories' results, procedures, and methodologies for the Allentown-Bethlehem- Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas and the Pennsylvania portion of the Philadelphia-Wilmington- Atlantic City nonattainment area and found them to be acceptable and approvable. EPA's review is detailed in two Technical Support Documents (TSD) prepared for this rulemaking, the January 7, 2016 ``Technical Support Document (TSD) for the 2011 Base Year Inventory for Areas of Marginal Nonattainment of the 2008 Ozone NAAQS in Pennsylvania'' and the January 21, 2016, ``Technical Support Document (TSD)--Review of the On-Road Portion of the 2011 Base Year Inventories for the Pennsylvania Portion of the Following Five 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) Nonattainment Areas: Allentown-Bethlehem- Easton, Lancaster, Philadelphia-Wilmington-Atlantic City, Pittsburgh- Beaver Valley, and Reading.'' These TSDs are available on line at http://www.regulations.gov, Docket ID No. EPA-R03-OAR-2016-0002. III. Final Action EPA is approving the 2011 base year inventories for the 2008 8-hour ozone NAAQS for the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh- Beaver Valley, and Reading nonattainment areas, and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment area because the inventories were prepared in accordance with requirements in sections 172(c)(3) and 182(a) of the CAA and its implementing regulations including 40 CFR 51.915. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of today's Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on June 27, 2016 without further notice unless EPA receives adverse comment by May 26, 2016. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. [[Page 24495]] IV. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National 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 27, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action approving Pennsylvania's 2011 base year inventories for the 2008 8-hour ozone NAAQS for the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas, and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: April 8, 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 for ``2011 Base Year Inventories for the 2008 8-Hour Ozone National Ambient Air Quality Standard'' at the end of the table to read as follows: Sec. 52.2020 Identification of plan. * * * * * (e) * * * (1) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State submittal Additional revision area date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2011 Base Year Inventories for Allentown-Bethlehem- 9/30/15 4/26/16 [Insert See Sec. the 2008 8-Hour Ozone National Easton, Lancaster, Federal Register 52.2036(bb). Ambient Air Quality Standard. Pittsburgh-Beaver citation]. Valley, and Reading nonattainment areas and the Pennsylvania portion of the Philadelphia- Wilmington-Atlantic City nonattainment area. ---------------------------------------------------------------------------------------------------------------- [[Page 24496]] * * * * * 0 3. Section 52.2036 is amended by adding paragraph (bb) to read as follows: Sec. 52.2036 Base year emissions inventory. * * * * * (bb) EPA approves, as a revision to the Pennsylvania State Implementation Plan, the 2011 base year emissions inventories for the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas, and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone national ambient air quality standard submitted by the Pennsylvania Department of the Environmental on September 30, 2015. The 2011 base year emissions inventories includes emissions estimates that cover the general source categories of point sources, nonroad mobile sources, area sources, onroad mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NO X ), volatile organic compounds (VOC), and carbon monoxide (CO). [FR Doc. 2016-09591 Filed 4-25-16; 8:45 am] BILLING CODE 6560-50-P
![24492 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations
transits to minimize any impact caused May 26, 2016. If EPA receives such evidence, EPA promulgated the first
by the temporary deviation. comments, it will publish a timely ozone NAAQS, the 0.12 part per million
In accordance with 33 CFR 117.35(e), withdrawal of the direct final rule in the (ppm) 1-hour ozone NAAQS. See 44 FR
the drawbridge must return to its regular Federal Register and inform the public 8202 (February 8, 1979). EPA had
operating schedule immediately at the that the rule will not take effect. previously promulgated a NAAQS for
end of the effective period of this ADDRESSES: Submit your comments, total photochemical oxidants.
temporary deviation. This deviation identified by Docket ID No. EPA–R03– On July 18, 1997, EPA promulgated a
from the operating regulations is OAR–2016–0002 at http:// revised ozone NAAQS of 0.08 ppm,
authorized under 33 CFR 117.35. www.regulations.gov, or via email to averaged over eight hours. 62 FR 38855.
Dated: April 12, 2016. fernandez.cristina@epa.gov. For This standard was determined to be
D.H. Sulouff, comments submitted at Regulations.gov, more protective of public health than
District Bridge Chief, Eleventh Coast Guard follow the online instructions for the previous 1979 1-hour ozone
District. submitting comments. Once submitted, standard. In 2008, EPA revised the 8-
[FR Doc. 2016–09676 Filed 4–25–16; 8:45 am] comments cannot be edited or removed hour ozone NAAQS from 0.08 to 0.075
from Regulations.gov. For either manner
BILLING CODE 9110–04–P ppm. See 73 FR 16436 (March 27, 2008).
of submission, EPA may publish any
On May 21, 2012, the Allentown-
comment received to its public docket.
Bethlehem-Easton, Lancaster,
Do not submit electronically any
ENVIRONMENTAL PROTECTION Pittsburgh-Beaver Valley, Reading, and
information you consider to be
AGENCY Philadelphia-Wilmington-Atlantic City
confidential business information (CBI)
or other information whose disclosure is areas were designated as marginal
40 CFR Part 52 nonattainment for the more stringent
restricted by statute. Multimedia
[EPA–R03–OAR–2016–0002; FRL–9945–47– submissions (audio, video, etc.) must be 2008 8-hour ozone NAAQS. 77 FR
Region 3] accompanied by a written comment. 30088.
The written comment is considered the The Allentown-Bethlehem-Easton
Approval and Promulgation of Air
official comment and should include nonattainment area is comprised of
Quality Implementation Plans;
discussion of all points you wish to Carbon, Lehigh, and Northampton
Pennsylvania; 2011 Base Year
Inventories for the 2008 8-Hour Ozone make. EPA will generally not consider Counties, all in Pennsylvania. Lancaster
National Ambient Air Quality Standard comments or comment contents located and Reading are single-county
for the Allentown-Bethlehem-Easton, outside of the primary submission (i.e., nonattainment areas, comprised of
Lancaster, Pittsburgh-Beaver Valley, on the web, cloud, or other file sharing Lancaster County, Pennsylvania and
and Reading Areas, and the system). For additional submission Berks County, Pennsylvania,
Pennsylvania Portion of the methods, please contact the person respectively. The Pittsburgh-Beaver
Philadelphia-Wilmington-Atlantic City identified in the FOR FURTHER Valley nonattainment area is comprised
INFORMATION CONTACT section. For the of Allegheny, Armstrong, Beaver, Butler,
Area
full EPA public comment policy, Fayette, Washington, and Westmoreland
AGENCY: Environmental Protection information about CBI or multimedia Counties, all in Pennsylvania. The
Agency (EPA). submissions, and general guidance on Philadelphia-Wilmington-Atlantic City
ACTION: Direct final rule. making effective comments, please visit nonattainment areas includes Bucks,
http://www2.epa.gov/dockets/ Chester, Delaware, Montgomery, and
SUMMARY: The Environmental Protection commenting-epa-dockets. Philadelphia Counties in Pennsylvania,
Agency (EPA) is taking direct final FOR FURTHER INFORMATION CONTACT: plus counties in Delaware, Maryland,
action to approve the 2011 base year Maria A. Pino, (215) 814–2181, or by and New Jersey. Under section 172(c)(3)
inventories for the five Pennsylvania email at pino.maria@epa.gov.
marginal nonattainment areas for the of the CAA, Pennsylvania is required to
SUPPLEMENTARY INFORMATION: submit comprehensive, accurate, and
2008 8-hour ozone national ambient air
quality standard (NAAQS), the I. Background current inventories of actual emissions
Allentown-Bethlehem-Easton, from all sources of the relevant
Ground-level ozone is formed when pollutants in its marginal nonattainment
Lancaster, Pittsburgh-Beaver Valley, and nitrogen oxides (NOX) and volatile
Reading nonattainment areas and the areas, i.e., the Allentown-Bethlehem-
organic compounds (VOC) react in the Easton, Lancaster, Pittsburgh-Beaver
Pennsylvania portion of the presence of sunlight. Referred to as
Philadelphia-Wilmington-Atlantic City Valley, and Reading nonattainment
ozone precursors, these two pollutants areas, and the Pennsylvania portion of
nonattainment area. The are emitted by many types of pollution
Commonwealth of Pennsylvania the Philadelphia-Wilmington-Atlantic
sources, including motor vehicles, City nonattainment area.
submitted the emission inventories to power plants, industrial facilities, and
meet the nonattainment requirements area wide sources, such as consumer On October 1, 2015, EPA strengthened
for marginal ozone nonattainment areas products and lawn and garden the ground-level ozone NAAQS to 0.070
for the 2008 8-hour ozone NAAQS. EPA equipment. Scientific evidence ppm, based on extensive scientific
is approving the 2011 base year indicates that adverse public health evidence about ozone’s effects on public
emissions inventories for the 2008 8- effects occur following a person’s health and welfare. See 80 FR 65292
asabaliauskas on DSK3SPTVN1PROD with RULES
hour ozone NAAQS as a revision to the exposure to ozone. These effects are (October 26, 2015). As required by
Pennsylvania State Implementation Plan more pronounced in children and adults section 107(d) of the CAA, EPA intends
(SIP), in accordance with the with lung disease. Breathing air to complete the initial designation
requirements of the Clean Air Act containing ozone can reduce lung process within two years of
(CAA). function and inflame airways, which promulgation of the 2015 ozone
DATES: This rule is effective on June 27, can increase respiratory symptoms and NAAQS, i.e., no later than October 1,
2016 without further notice, unless EPA aggravate asthma or other lung diseases. 2017. This rulemaking does not address
receives adverse written comment by In 1979, in response to this scientific the 2015 ozone NAAQS.
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![Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations 24495
IV. Statutory and Executive Order appropriate, disproportionate human published in the proposed rules section
Reviews health or environmental effects, using of today’s Federal Register, rather than
practicable and legally permissible file an immediate petition for judicial
A. General Requirements
methods, under Executive Order 12898 review of this direct final rule, so that
Under the CAA, the Administrator is (59 FR 7629, February 16, 1994). EPA can withdraw this direct final rule
required to approve a SIP submission In addition, this rule does not have and address the comment in the
that complies with the provisions of the tribal implications as specified by proposed rulemaking action.
CAA and applicable federal regulations. Executive Order 13175 (65 FR 67249, This action approving Pennsylvania’s
42 U.S.C. 7410(k); 40 CFR 52.02(a). November 9, 2000), because the SIP is 2011 base year inventories for the 2008
Thus, in reviewing SIP submissions, not approved to apply in Indian country 8-hour ozone NAAQS for the
EPA’s role is to approve state choices, located in the state, and EPA notes that Allentown-Bethlehem-Easton,
provided that they meet the criteria of it will not impose substantial direct Lancaster, Pittsburgh-Beaver Valley, and
the CAA. Accordingly, this action costs on tribal governments or preempt Reading nonattainment areas, and the
merely approves state law as meeting tribal law. Pennsylvania portion of the
federal requirements and does not B. Submission to Congress and the Philadelphia-Wilmington-Atlantic City
impose additional requirements beyond Comptroller General nonattainment area may not be
those imposed by state law. For that challenged later in proceedings to
reason, this action: The Congressional Review Act, 5
enforce its requirements. (See section
• Is not a ‘‘significant regulatory U.S.C. 801 et seq., as added by the Small
307(b)(2)).
action’’ subject to review by the Office Business Regulatory Enforcement
of Management and Budget under Fairness Act of 1996, generally provides List of Subjects in 40 CFR Part 52
Executive Order 12866 (58 FR 51735, that before a rule may take effect, the
agency promulgating the rule must Environmental protection, Air
October 4, 1993);
pollution control, Carbon monoxide,
• Does not impose an information submit a rule report, which includes a
copy of the rule, to each House of the Incorporation by reference,
collection burden under the provisions
Congress and to the Comptroller General Intergovernmental relations, Nitrogen
of the Paperwork Reduction Act (44
of the United States. EPA will submit a dioxide, Ozone, Reporting and
U.S.C. 3501 et seq.);
• Is certified as not having a report containing this action and other recordkeeping requirements, Volatile
significant economic impact on a required information to the U.S. Senate, organic compounds.
substantial number of small entities the U.S. House of Representatives, and Dated: April 8, 2016.
under the Regulatory Flexibility Act (5 the Comptroller General of the United Shawn M. Garvin,
U.S.C. 601 et seq.); States prior to publication of the rule in Regional Administrator, Region III.
• Does not contain any unfunded the Federal Register. A major rule
mandate or significantly or uniquely cannot take effect until 60 days after it 40 CFR part 52 is amended as follows:
affect small governments, as described is published in the Federal Register.
in the Unfunded Mandates Reform Act This action is not a ‘‘major rule’’ as PART 52—APPROVAL AND
of 1995 (Pub. L. 104–4); defined by 5 U.S.C. 804(2). PROMULGATION OF
• Does not have federalism IMPLEMENTATION PLANS
C. Petitions for Judicial Review
implications as specified in Executive
Order 13132 (64 FR 43255, August 10, Under section 307(b)(1) of the CAA, ■ 1. The authority citation for part 52
1999); petitions for judicial review of this continues to read as follows:
• Is not an economically significant action must be filed in the United States Authority: 42 U.S.C. 7401 et seq.
regulatory action based on health or Court of Appeals for the appropriate
safety risks subject to Executive Order circuit by June 27, 2016. Filing a Subpart NN—Pennsylvania
13045 (62 FR 19885, April 23, 1997); petition for reconsideration by the
• Is not a significant regulatory action Administrator of this final rule does not ■ 2. In § 52.2020, the table in paragraph
subject to Executive Order 13211 (66 FR affect the finality of this action for the (e)(1) is amended by adding the entry
28355, May 22, 2001); purposes of judicial review nor does it for ‘‘2011 Base Year Inventories for the
• Is not subject to requirements of extend the time within which a petition 2008 8-Hour Ozone National Ambient
Section 12(d) of the National for judicial review may be filed, and Air Quality Standard’’ at the end of the
Technology Transfer and Advancement shall not postpone the effectiveness of table to read as follows:
Act of 1995 (15 U.S.C. 272 note) because such rule or action. Parties with
§ 52.2020 Identification of plan.
application of those requirements would objections to this direct final rule are
be inconsistent with the CAA; and encouraged to file a comment in * * * * *
• Does not provide EPA with the response to the parallel notice of (e) * * *
discretionary authority to address, as proposed rulemaking for this action (1) * * *
State submittal EPA approval Additional
Name of non-regulatory SIP revision Applicable geographic area date date explanation
* * * * * * *
asabaliauskas on DSK3SPTVN1PROD with RULES
2011 Base Year Inventories for the 2008 Allentown-Bethlehem-Easton, Lan- 9/30/15 4/26/16 [Insert Fed- See § 52.2036(bb).
8-Hour Ozone National Ambient Air caster, Pittsburgh-Beaver Valley, and eral Register ci-
Quality Standard. Reading nonattainment areas and the tation].
Pennsylvania portion of the Philadel-
phia-Wilmington-Atlantic City non-
attainment area.
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![24496 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations
* * * * * maintenance and enforcement of each required to submit SIPs meeting the
■ 3. Section 52.2036 is amended by NAAQS promulgated by EPA, which is applicable requirements of section
adding paragraph (bb) to read as commonly referred to as an 110(a)(2) within three years after
follows: ‘‘infrastructure SIP submission.’’ DAQ promulgation of a new or revised
certified that the North Carolina SIP NAAQS or within such shorter period
§ 52.2036 Base year emissions inventory. contains provisions that ensure the 2010 as EPA may prescribe. Section 110(a)(2)
* * * * * 1-hour SO2 NAAQS is implemented, requires states to address basic SIP
(bb) EPA approves, as a revision to the enforced, and maintained in North elements such as requirements for
Pennsylvania State Implementation Carolina. EPA has determined that the monitoring, basic program requirements
Plan, the 2011 base year emissions North Carolina’s infrastructure SIP and legal authority that are designed to
inventories for the Allentown- submission, provided to EPA on March
Bethlehem-Easton, Lancaster, assure attainment and maintenance of
18, 2014, satisfies certain required
Pittsburgh-Beaver Valley, and Reading the NAAQS. States were required to
infrastructure elements for the 2010 1-
nonattainment areas, and the hour SO2 NAAQS. submit such SIPs for the 2010 1-hour
Pennsylvania portion of the SO2 NAAQS to EPA no later than June
DATES: This rule will be effective May
Philadelphia-Wilmington-Atlantic City 2, 2013.1
26, 2016.
nonattainment area for the 2008 8-hour ADDRESSES: EPA has established a In a proposed rulemaking published
ozone national ambient air quality docket for this action under Docket on February 25, 2016, EPA proposed to
standard submitted by the Pennsylvania Identification No. EPA–R04–OAR– approve North Carolina’s 2010 1-hour
Department of the Environmental on 2015–0150. All documents in the docket SO2 NAAQS infrastructure SIP
September 30, 2015. The 2011 base year are listed on the www.regulations.gov submission submitted on March 18,
emissions inventories includes Web site. Although listed in the index, 2014, with the exception of the PSD
emissions estimates that cover the some information is not publicly permitting requirements for major
general source categories of point available, i.e., Confidential Business sources of section 110(a)(2)(C) and (J),
sources, nonroad mobile sources, area Information or other information whose the interstate transport requirements of
sources, onroad mobile sources, and disclosure is restricted by statute. section 110(a)(2)(D)(i)(I) and (II) (prongs
biogenic sources. The pollutants that Certain other material, such as 1 through 4), and state boards
comprise the inventory are nitrogen copyrighted material, is not placed on requirements of section
oxides (NOX), volatile organic the Internet and will be publicly 110(a)(2)(E)(ii).2 See 81 FR 9398. The
compounds (VOC), and carbon available only in hard copy form.
monoxide (CO). details of North Carolina’s submission
Publicly available docket materials are and the rationale for EPA’s actions are
[FR Doc. 2016–09591 Filed 4–25–16; 8:45 am] available either electronically through explained in the proposed rulemaking.
BILLING CODE 6560–50–P www.regulations.gov or in hard copy at Comments on the proposed rulemaking
the Air Regulatory Management Section, were due on or before March 28, 2016.
Air Planning and Implementation EPA received no comments on the
ENVIRONMENTAL PROTECTION Branch, Air, Pesticides and Toxics
AGENCY proposed action.
Management Division, U.S.
Environmental Protection Agency, II. Final Action
40 CFR Part 52 Region 4, 61 Forsyth Street SW.,
[EPA–R04–OAR–2015–0150; FRL–9945–62– Atlanta, Georgia 30303–8960. EPA With the exception of the PSD
Region 4] requests that if at all possible, you permitting requirements for major
contact the person listed in the FOR sources of section 110(a)(2)(C) and (J),
Air Quality Plans; North Carolina; FURTHER INFORMATION CONTACT section to the interstate transport requirements of
Infrastructure Requirements for the schedule your inspection. The Regional section 110(a)(2)(D)(i)(I) and (II) (prongs
2010 Sulfur Dioxide National Ambient Office’s official hours of business are 1 through 4), and state boards
Air Quality Standard Monday through Friday, 8:30 a.m. to requirements of section 110(a)(2)(E)(ii),
AGENCY: Environmental Protection 4:30 p.m., excluding Federal holidays. EPA is taking final action to approve
Agency (EPA). FOR FURTHER INFORMATION CONTACT: North Carolina’s infrastructure
ACTION: Final rule. Michele Notarianni, Air Regulatory submission submitted on March 18,
Management Section, Air Planning and 2014, for the 2010 1-hour SO2 NAAQS.
SUMMARY: The Environmental Protection Implementation Branch, Air, Pesticides EPA is taking final action to approve
Agency (EPA) is taking final action to and Toxics Management Division, U.S. portions of North Carolina’s
approve portions of the State Environmental Protection Agency, infrastructure SIP submission for the
Implementation Plan (SIP) submission, Region 4, 61 Forsyth Street SW., 2010 1-hour SO2 NAAQS because the
submitted by the State of North Atlanta, Georgia 30303–8960. Ms. submission is consistent with section
Carolina, through the Department of Notarianni can be reached via electronic 110 of the CAA.
Environmental Quality, formerly the mail at notarianni.michele@epa.gov or
Department of Environment and Natural via telephone at (404) 562–9031. 1 Today, EPA is providing clarification for an
Resources, Division of Air Quality SUPPLEMENTARY INFORMATION: inadvertent typographical error that was included
(DAQ), on March 18, 2014, for inclusion in the February 25, 2016, proposed rulemaking, for
asabaliauskas on DSK3SPTVN1PROD with RULES
into the North Carolina SIP. This final I. Background and Overview this final action. In the February 25, 2016, proposed
rulemaking it was stated that the 2010 1-hour SO2
action pertains to the infrastructure On June 22, 2010 (75 FR 35520), EPA NAAQS infrastructure SIPs were due no later than
requirements of the Clean Air Act (CAA revised the primary SO2 NAAQS to an June 22, 2013. The 2010 1-hour SO2 NAAQS
or Act) for the 2010 1-hour sulfur hourly standard of 75 parts per billion infrastructure SIPs were actually due to EPA from
dioxide (SO2) national ambient air (ppb) based on a 3-year average of the states no later than June 2, 2013.
2 On November 3, 2015, in a previous rulemaking,
quality standard (NAAQS). The CAA annual 99th percentile of 1-hour daily EPA approved the requirements for state boards for
requires that each state adopt and maximum concentrations. Pursuant to North Carolina in relation to the 2010 SO2 NAAQS.
submit a SIP for the implementation, section 110(a)(1) of the CAA, states are See 80 FR 67645.
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Document Created: 2016-04-26 01:36:01
Document Modified: 2016-04-26 01:36:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on June 27, 2016 without further notice, unless EPA receives adverse written comment by May 26, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Maria A. Pino, (215) 814-2181, or by email at [email protected] | |
| FR Citation | 81 FR 24492 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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