83 FR 31064 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Base Year Emissions Inventories for the Lebanon and Delaware County Nonattainment Areas for the 2012 Annual Fine Particulate Matter National Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 128 (July 3, 2018)
Federal Register Volume 83, Issue 128 (July 3, 2018)
| Page Range | 31064-31067 | |
| FR Document | 2018-14199 |
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)] [Rules and Regulations] [Pages 31064-31067] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14199] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0423; FRL-9980-30--Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Base Year Emissions Inventories for the Lebanon and Delaware County Nonattainment Areas for the 2012 Annual Fine Particulate Matter National Ambient Air Quality Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving two state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions pertain to base year emission inventories for the Lebanon County and Delaware County nonattainment areas for the 2012 annual fine particulate national ambient air quality standard (NAAQS). The Clean Air Act (CAA) requires states to submit a comprehensive, accurate and current inventory of actual emissions from all sources of direct and secondary ambient fine particulate matter less than 2.5 microns in diameter (PM2.5 ) for all PM2.5 nonattainment areas. EPA is approving these revisions in accordance with the requirements under Title I of the CAA. DATES: This final rule is effective on August 2, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID [[Page 31065]] Number EPA-R03-OAR-2017-0423. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., 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 http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Ambient air contains a variety of pollutants, including particulate matter (PM). Airborne PM can be comprised of either solid or liquid particles, or a complex mixture of particles in both solid and liquid form. The most common airborne PM constituents include sulfate (SO4); nitrate (NO3); ammonium; elemental carbon; organic mass; and inorganic material, referred to as ``crustal'' material, which can include metals, dust, soil and other trace elements. PM2.5 includes ``primary'' particles, which are directly emitted into the air by a variety of sources, and ``secondary'' particles, that are formed in the atmosphere as a result of reactions between precursor pollutants. Human health effects associated with long- or short-term exposure to PM2.5 include premature mortality, aggravation of respiratory and cardiovascular disease (as indicated by increased hospital admissions and emergency room visits) and development of chronic respiratory disease. On December 14, 2012, EPA revised the primary annual PM2.5 NAAQS to provide increased protection of public health from fine particle pollution (the 2012 annual PM2.5 NAAQS). 78 FR 3086 (January 15, 2013). In that action, EPA strengthened the primary annual PM2.5 standard, lowering the level from 15.0 micrograms per cubic meter ([mu]g/m3) to 12.0 mg/ m3. The 2012 annual PM2.5 NAAQS is attained when the 3-year average of the annual arithmetic mean monitored values does not exceed 12.0 mg/m3. See 40 CFR 50.18. On January 15, 2015 (80 FR 2206), EPA published area designations, as required by CAA section 107(d)(1), for the 2012 annual PM2.5 NAAQS. Therein, EPA identified as ``nonattainment'' areas that were then violating the 2012 annual PM2.5 NAAQS based on quality-assured, certified air quality monitoring data from 2011 to 2013 or that contributed to a violation of the NAAQS in a nearby area. EPA designated the Delaware County and Lebanon County nonattainment areas as moderate nonattainment for the 2012 annual PM2.5 NAAQS, effective April 15, 2015. See 40 CFR 81.339. Under section 172(c)(3) of the CAA, Pennsylvania is required to submit a comprehensive, accurate, and current inventory of actual emissions from all sources (point, nonpoint, nonroad, and onroad) of the relevant pollutants, in each nonattainment area. EPA's ``Provisions for Implementation of the PM2.5 NAAQS'' (or PM implementation rule), at 40 CFR part 51, subpart Z, sets criteria for which pollutants are to be included by states in the required base year emission inventory. This PM inventory must include direct PM2.5 emissions, separately reported PM2.5 filterable and condensable emissions, and emissions of the PM2.5 precursors. 40 CFR 51.1008. II. Summary of SIP Revision and EPA Analysis On May 5, 2017, the Pennsylvania Department of Environmental Protection (PADEP) submitted a formal SIP revision consisting of the 2011 base year emissions inventory for the Delaware County nonattainment area for the 2012 annual PM2.5 NAAQS. On September 25, 2017, PADEP submitted to EPA a formal revision consisting of the 2011 base year emission inventory for the Lebanon County nonattainment area for the 2012 annual PM2.5 NAAQS. The base year emissions inventories prepared by PADEP use 2011 as the base year for planning purposes. They include direct PM2.5 emissions, as well as PM2.5 filterable and condensable emissions, and emissions of the scientific PM2.5 precursors. PADEP reported actual annual emissions of directly-emitted PM2.5 emissions (PM2.5 PRI), as well as separately reported PM2.5 filterable and condensable particulate matter (PM CON) emissions. PM CON is matter that exists as a vapor at stack conditions, but becomes a solid or liquid upon exit of the stack. PADEP's base year inventories for these areas also include directly-emitted, primary particulate matter less than 10 microns in diameter (PM10 PRI), emissions precursors that contribute to secondary formation of PM2.5 , including sulfur dioxides (SO2 ), nitrogen oxides (NOX ), volatile organic compounds (VOC), and ammonia (NH3) emissions. Table 1 summarizes the 2011 emission inventory by source sector for each pollutant or pollutant precursor for the Delaware County 2012 annual PM2.5 nonattainment area, expressed as annual emissions in tons per year (tpy). Table 1--Summary of 2011 Emissions of PM2.5, PM10, and PM2.5 Precursors for the Delaware County 2012 Annual PM2.5 NAAQS Nonattainment Area -------------------------------------------------------------------------------------------------------------------------------------------------------- Annual emissions (tpy) ----------------------------------------------------------------------------------------------- Source sector PM10 Primary PM2.5 Primary \1\ \2\ SO2 NOX VOC NH3 -------------------------------------------------------------------------------------------------------------------------------------------------------- Stationary Point Sources \3\............................ 1,671.81 1,496.70 4,975.94 7,641.98 1,393.18 217.50 Area Sources \4\........................................ 2,502.73 998.82 2,055.13 2,875.85 6,779.07 206.47 Onroad Mobile Sources \5\............................... 328.61 179.01 31.05 5,643.30 2,999.73 130.41 Nonroad Mobile Sources.................................. 128.87 121.78 3.498 1,123.96 1,787.97 1.759 ----------------------------------------------------------------------------------------------- Total Emissions..................................... 4,632.02 2,796.30 7,065.62 17,285.08 12,959.95 556.14 -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Primary PM particles are emitted directly to the air from a source and include both filterable particulate and condensable components. Condensable PM (PM CON) exists as a vapor at stack conditions but exists as a solid or liquid once it exits the stack and is cooled by ambient air. All PM CON is smaller than 2.5 microns in diameter and, therefore, represents condensable matter for both PM10 and PM2.5. PM10 Primary is the sum of filterable PM10 (PM10 FIL) and PM CON. \2\ PM2.5 Primary is the sum of filterable PM2.5 and PM CON. \3\ The PM10 Primary value for stationary point sources includes a condensable component of 656.39 tpy. Because PM10 includes PM2.5 by definition, the PM2.5 Primary value for stationary point sources includes the same condensable component of 656.39 tpy. [[Page 31066]] \4\ PM10 Primary includes PM10 FIL and PM CON. PM2.5 Primary includes PM2.5 FIL and PM CON. Condensable emissions for the area source sector are a subset of PM Primary emissions, or 164.93 tpy. \5\ Condensable emissions for the onroad and nonroad sectors are not separately calculated by the MOVES model, and are therefore included within the PM10 Primary and PM2.5 Primary values of this table. Table 2 summarizes the 2011 emission inventory by source sector for each pollutant or pollutant precursor for the Lebanon County 2012 annual PM2.5 nonattainment area, expressed as annual emissions in tons per year. Table 2--Summary of 2011 Emissions of PM2.5, PM10, and PM2.5 Precursors for the Lebanon County 2012 Annual PM2.5 NAAQS Nonattainment Area -------------------------------------------------------------------------------------------------------------------------------------------------------- Annual emissions (tpy) ----------------------------------------------------------------------------------------------- Source sector PM10 Primary PM2.5 Primary \1\ \2\ SO2 NOX VOC NH3 -------------------------------------------------------------------------------------------------------------------------------------------------------- Stationary Point Sources \3\............................ 136.64 80.68 278.53 690.30 182.37 17.44 Area Sources \4\........................................ 4,462.63 1,287.21 373.62 869.09 5,924.16 3,843.03 Onroad Mobile Sources \5\............................... 140.23 92.50 11.21 2,937.04 1,331.72 49.15 Nonroad Mobile Sources.................................. 64.48 61.55 1.684 615.91 668.43 0.751 ----------------------------------------------------------------------------------------------- Total Emissions..................................... 4,803.98 1,521.94 665.05 5,112.33 8,106.69 3,910.37 -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Primary PM particles are emitted directly to the air from a source and include both filterable particulate and condensable components. PM10 Primary is the sum of filterable PM10 FIL and PM CON. \2\ PM2.5 Primary is the sum of filterable PM2.5 and PM CON. \3\ The PM10 Primary value for stationary point sources includes a condensable component of 48.04 tpy. Because PM10 includes PM2.5 by definition, the PM2.5 Primary value for stationary point sources includes the same condensable component of 48.04 tpy. \4\ PM10 Primary includes PM10 FIL and PM CON. PM2.5 Primary includes PM2.5 FIL and PM CON. Condensable emissions for the area source sector are a subset of PM Primary emissions, or 38.88 tpy. \5\ Condensable emissions for the onroad and nonroad sectors are not separately calculated by the MOVES model, and are therefore included within the PM10 Primary and PM2.5 Primary values of this table. Stationary point sources are large, stationary, and identifiable sources of emissions that release pollutants into the atmosphere. PADEP extracted data for PM2.5 source emissions from the 2011 NEI v2, which receives input from each state's annual inventory estimates. Area sources are stationary, nonpoint sources that are too small and numerous to be inventoried individually. Area sources are inventoried at the county level and aggregated with like categories. They are typically estimated through use of emission factors combined with activity factor estimates for each source category, adjusted to reflect emission control efficiency, emission control rule effectiveness, and rule penetration. Onroad sources of emissions include motor vehicles operated on public roadways. PADEP estimates onroad emissions using EPA's Motor Vehicle Emission Simulator (MOVES) model, version MOVES2014, coupled with vehicle miles of travel activity levels generated by PADEP or local transportation authorities. Nonroad sources are mobile, internal combustion powered emission sources other than highway motor vehicles. Examples include lawn and garden equipment, recreational vehicles, construction and agricultural equipment, and industrial equipment. Nonroad mobile source emissions from different source categories are calculated using various methodologies, primarily by use of EPA's MOVES NONROAD emissions model or from EPA's National Mobile Inventory Model (NMIM). EPA reviewed Pennsylvania's 2011 base year emission inventory submissions including results, procedures, and methodologies for the Delaware County and Lebanon County nonattainment areas and found them to be acceptable and approvable under sections 110 and 172(c)(3) of the CAA. EPA prepared a Technical Support Document (TSD) for each of the Delaware County and Lebanon County nonattainment areas in support of this rulemaking. The TSDs are available in the docket for this action, online at http://www.regulations.gov, Docket ID No. EPA-R03-OAR-2017- 0423. On May 3, 2018 (83 FR 19476), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Pennsylvania, proposing approval of both the Delaware and Lebanon County 2011 base year emission inventory SIP revisions for the 2012 annual PM2.5 NAAQS. The rationale for EPA's proposed action is explained in the NPR and will not be restated here. EPA received three comments on our May 3, 2018 NPR proposing to approve Pennsylvania's May 5, 2017 and September 25, 2017 SIP submittals. All comments received were not specific to this action, and thus are not addressed here. III. Final Action EPA is approving Pennsylvania's May 5, 2017 and September 25, 2017 SIP revisions, which are base year emission inventories for the Delaware County and Lebanon County 2012 PM2.5 NAAQS, as revisions to the Pennsylvania SIP as the revisions are in accordance with requirements in CAA section 110 generally and section 172(c)(3) specifically. 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); is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory [[Page 31067]] action because SIP approvals are exempted under Executive Order 12866. 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 September 4, 2018. 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 to approve base year emission inventories for the Delaware and Lebanon County nonattainment areas for the 2012 annual PM 2.5 NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 19, 2018. Cosmo Servidio, 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 two entries entitled ``2011 Base Year Emissions Inventory for the 2012 Annual Fine Particulate (PM2.5 ) National Ambient Air Quality Standard'' ``Delaware County 2012 PM2.5 nonattainment area'' and ``2011 Base Year Emissions Inventory for the 2012 Annual Fine Particulate (PM2.5 ) National Ambient Air Quality Standard'' ``Lebanon County 2012 PM2.5 nonattainment area'' at the end of the table to read as follows: Sec. 52.2020 Identification of plan. * * * * * (e) * * * (1) EPA-Approved Nonregulatory and Quasi-Regulatory Material ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable State Additional revision geographic area submittal date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2011 Base Year Emissions Delaware County 5/5/2017 7/3/2018, [Insert Inventory for the 2012 Annual 2012 PM2.5 Federal Register Fine Particulate (PM2.5) nonattainment area. citation]. National Ambient Air Quality Standard. 2011 Base Year Emissions Lebanon County 2012 9/25/2017 7/3/2018, [Insert Inventory for the 2012 Annual PM2.5 Federal Register Fine Particulate (PM2.5) nonattainment area. citation]. National Ambient Air Quality Standard. ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-14199 Filed 7-2-18; 8:45 am] BILLING CODE 6560-50-P
![31064 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
zone lasting only four and a half hours authorized by the COTP or designated time it is deemed necessary for the
on one day that will prohibit entry representative. A designated protection of life or property.
within a one-mile stretch of the Gulf representative is a commissioned, (8) The COTP or a designated
Intracoastal Waterway. It is categorically warrant, or petty officer of the U.S. representative will terminate
excluded from further review under Coast Guard assigned to units under the enforcement of the special local
paragraph L60(a) of Appendix A, Table operational control of USCG Sector New regulations at the conclusion of the
1 of DHS Instruction Manual 023–01– Orleans. They may be contacted on event.
001–01, Rev. 01. A Record of VHF–FM Channel 16 or 67 or by (e) Informational broadcasts. The
Environmental Consideration telephone at (504) 365–2200. A COTP or a designated representative
supporting this determination is designated representative may be a will inform the public of the effective
available in the docket where indicated Patrol Commander (PATCOM). The period for the safety zone as well as any
under ADDRESSES. PATCOM may be aboard either a Coast changes in the dates and times of
Guard or Coast Guard Auxiliary vessel. enforcement through Local Notice to
G. Protest Activities Mariners (LNMs), Broadcast Notices to
The Patrol Commander may be
The Coast Guard respects the First contacted on Channel 16 VHF–FM Mariners (BNMs), and/or Marine Safety
Amendment rights of protesters. (156.8 MHz) by the call sign Information Bulletins (MSIBs) as
Protesters are asked to contact the ‘‘PATCOM’’. appropriate.
person listed in the FOR FURTHER (2) All persons and vessels not Dated: June 27, 2018.
INFORMATION CONTACT section to registered with the sponsor as K.M. Luttrell,
coordinate protest activities so that your participants or official patrol vessels are Captain, U.S. Coast Guard, Captain of the
message can be received without considered spectators. The ‘‘official Port Sector New Orleans.
jeopardizing the safety or security of patrol vessels’’ consist of any Coast [FR Doc. 2018–14244 Filed 7–2–18; 8:45 am]
people, places or vessels. Guard, state, or local law enforcement
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165 and sponsor provided vessels assigned
or approved by the COTP or a
Harbors, Marine safety, Navigation designated representative to patrol the
(water), Reporting and recordkeeping ENVIRONMENTAL PROTECTION
regulated area.
requirements, Security measures, AGENCY
(3) Spectator vessels desiring to
Waterways. transit the regulated area may do so only
For the reasons discussed in the 40 CFR Part 52
with prior approval of the Patrol
preamble, the Coast Guard amends 33 Commander and when so directed by [EPA–R03–OAR–2017–0423; FRL–9980–
CFR part 165 as follows: that officer will be operated at a 30—Region 3]
minimum safe navigation speed in a Approval and Promulgation of Air
PART 165—REGULATED NAVIGATION
manner which will not endanger Quality Implementation Plans;
AREAS AND LIMITED ACCESS AREAS
participants in the regulated area or any Pennsylvania; Base Year Emissions
■ 1. The authority citation for part 165 other vessels. Inventories for the Lebanon and
continues to read as follows: (4) No spectator vessel shall anchor, Delaware County Nonattainment Areas
block, loiter, or impede the through for the 2012 Annual Fine Particulate
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
transit of participants or official patrol Matter National Ambient Air Quality
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation vessels in the regulated area during the Standard
No. 0170.1. effective dates and times, unless cleared
for entry by or through an official patrol AGENCY: Environmental Protection
■ 2. Add § 165.T08–0514 to read as vessel. Agency (EPA).
follows: (5) Any spectator vessel may anchor ACTION: Final rule.
§ 165.T08–0514 Safety Zone; Gulf outside the regulated area, but may not
Intracoastal Waterway, Lafitte, LA. anchor in, block, or loiter in a navigable SUMMARY: The Environmental Protection
channel. Spectator vessels may be Agency (EPA) is approving two state
(a) Location. The following area is a
moored to a waterfront facility within implementation plan (SIP) revisions
safety zone: All navigable waters of the
the regulated area in such a way that submitted by the Commonwealth of
Gulf Intracoastal Waterway, from mile
they shall not interfere with the progress Pennsylvania. These revisions pertain to
markers (MMs) 12 to 13 west of the
of the event. Such mooring must be base year emission inventories for the
Harvey Locks, Lafitte, LA.
(b) Effective period. This section is complete at least 30 minutes prior to the Lebanon County and Delaware County
effective from 11:30 a.m. through 4 p.m. establishment of the regulated area and nonattainment areas for the 2012 annual
on July 21, 2018. remain moored through the duration of fine particulate national ambient air
(c) Enforcement periods. This section the event. quality standard (NAAQS). The Clean
will be enforced during the effective (6) The COTP or a designated Air Act (CAA) requires states to submit
period. However, breaks in the racing representative may forbid and control a comprehensive, accurate and current
may occur during the enforcement the movement of all vessels in the inventory of actual emissions from all
periods, which will allow for vessels to regulated area. When hailed or signaled sources of direct and secondary ambient
pass through the safety zone. The by an official patrol vessel, a vessel shall fine particulate matter less than 2.5
Captain of the Port Sector New Orleans come to an immediate stop and comply microns in diameter (PM2.5) for all PM2.5
sradovich on DSK3GMQ082PROD with RULES
(COTP) or a designated representative with the directions given. Failure to do nonattainment areas. EPA is approving
will provide notice of breaks as so may result in expulsion from the these revisions in accordance with the
appropriate under (e) Informational area, citation for failure to comply, or requirements under Title I of the CAA.
broadcasts. both. DATES: This final rule is effective on
(d) Regulations. (1) In accordance (7) The COTP or a designated August 2, 2018.
with the general regulations in § 165.23, representative may terminate the event ADDRESSES: EPA has established a
entry into this zone is prohibited unless or the operation of any vessel at any docket for this action under Docket ID
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![Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 31067
action because SIP approvals are located in the state, and EPA notes that PM2.5 NAAQS may not be challenged
exempted under Executive Order 12866. it will not impose substantial direct later in proceedings to enforce its
• does not impose an information costs on tribal governments or preempt requirements. (See section 307(b)(2).)
collection burden under the provisions tribal law.
List of Subjects in 40 CFR Part 52
of the Paperwork Reduction Act (44
B. Submission to Congress and the
U.S.C. 3501 et seq.); Environmental protection, Air
• is certified as not having a Comptroller General
pollution control, Incorporation by
significant economic impact on a The Congressional Review Act, 5 reference, Intergovernmental relations,
substantial number of small entities U.S.C. 801 et seq., as added by the Small Nitrogen dioxide, Particulate matter,
under the Regulatory Flexibility Act (5 Business Regulatory Enforcement Reporting and recordkeeping
U.S.C. 601 et seq.); Fairness Act of 1996, generally provides requirements, Sulfur oxides, Volatile
• does not contain any unfunded that before a rule may take effect, the organic compounds.
mandate or significantly or uniquely agency promulgating the rule must
Dated: June 19, 2018.
affect small governments, as described submit a rule report, which includes a
Cosmo Servidio,
in the Unfunded Mandates Reform Act copy of the rule, to each House of the
of 1995 (Pub. L. 104–4); Congress and to the Comptroller General Regional Administrator, Region III.
• does not have federalism of the United States. EPA will submit a 40 CFR part 52 is amended as follows:
implications as specified in Executive report containing this action and other
Order 13132 (64 FR 43255, August 10, required information to the U.S. Senate, PART 52—APPROVAL AND
1999); the U.S. House of Representatives, and PROMULGATION OF
• is not an economically significant the Comptroller General of the United IMPLEMENTATION PLANS
regulatory action based on health or States prior to publication of the rule in
safety risks subject to Executive Order the Federal Register. A major rule ■ 1. The authority citation for part 52
13045 (62 FR 19885, April 23, 1997); cannot take effect until 60 days after it continues to read as follows:
• is not a significant regulatory action is published in the Federal Register. Authority: 42 U.S.C. 7401 et seq.
subject to Executive Order 13211 (66 FR This action is not a ‘‘major rule’’ as
28355, May 22, 2001); defined by 5 U.S.C. 804(2). Subpart NN—Pennsylvania
• is not subject to requirements of
Section 12(d) of the National C. Petitions for Judicial Review ■ 2. In § 52.2020, the table in paragraph
Technology Transfer and Advancement Under section 307(b)(1) of the CAA, (e)(1) is amended by adding two entries
Act of 1995 (15 U.S.C. 272 note) because petitions for judicial review of this entitled ‘‘2011 Base Year Emissions
application of those requirements would action must be filed in the United States Inventory for the 2012 Annual Fine
be inconsistent with the CAA; and Court of Appeals for the appropriate Particulate (PM2.5) National Ambient
• does not provide EPA with the circuit by September 4, 2018. Filing a Air Quality Standard’’ ‘‘Delaware
discretionary authority to address, as petition for reconsideration by the County 2012 PM2.5 nonattainment area’’
appropriate, disproportionate human Administrator of this final rule does not and ‘‘2011 Base Year Emissions
health or environmental effects, using affect the finality of this action for the Inventory for the 2012 Annual Fine
practicable and legally permissible purposes of judicial review nor does it Particulate (PM2.5) National Ambient
methods, under Executive Order 12898 extend the time within which a petition Air Quality Standard’’ ‘‘Lebanon County
(59 FR 7629, February 16, 1994). for judicial review may be filed, and 2012 PM2.5 nonattainment area’’ at the
In addition, this rule does not have shall not postpone the effectiveness of end of the table to read as follows:
tribal implications as specified by such rule or action. This action to
Executive Order 13175 (65 FR 67249, approve base year emission inventories § 52.2020 Identification of plan.
November 9, 2000), because the SIP is for the Delaware and Lebanon County * * * * *
not approved to apply in Indian country nonattainment areas for the 2012 annual (e) * * *
(1) EPA-APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL
Applicable geographic State submittal Additional
Name of non-regulatory SIP revision EPA approval date
area date explanation
* * * * * * *
2011 Base Year Emissions Inventory for the 2012 Delaware County 2012 5/5/2017 7/3/2018, [Insert Federal
Annual Fine Particulate (PM2.5) National Ambient PM2.5 nonattainment Register citation].
Air Quality Standard. area.
2011 Base Year Emissions Inventory for the 2012 Lebanon County 2012 9/25/2017 7/3/2018, [Insert Federal
Annual Fine Particulate (PM2.5) National Ambient PM2.5 nonattainment Register citation].
Air Quality Standard. area.
* * * * *
[FR Doc. 2018–14199 Filed 7–2–18; 8:45 am]
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Document Created: 2018-07-02 23:55:12
Document Modified: 2018-07-02 23:55:12
| 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 | Final rule. | |
| Dates | This final rule is effective on August 2, 2018. | |
| Contact | Brian Rehn, (215) 814-2176, or by email at [email protected] | |
| FR Citation | 83 FR 31064 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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