Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the Allentown-Bethlehem-Easton 1997 8-Hour Ozone National Ambient Air Quality Standard Maintenance Area, 28435-28439 [2014-10695]
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TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations
on July 3, 2014. In the event of
inclement weather this regulation will
be enforced from 9:30 p.m. to 10:15p.m.
on July 5, 2014.
(3) Catawba Island Club Fireworks,
Catawba Island, OH. The safety zone
listed in 33 CFR 165.941(a)(28) will be
enforced from 9:30 p.m. to 10 p.m. on
August 31, 2014.
(4) Toledo Fourth of July Fireworks,
Toledo, OH. The safety zone listed in 33
CFR 165.941(a)(54) will be enforced
from 9:25 p.m. to 10:05 p.m. on July 4,
2014.
(5) Bay Point Fireworks Display,
Marblehead, OH. The safety zone listed
in 33 CFR 165.941(a)(58) will be
enforced from 9:55 p.m. to 10:25 p.m.
on July 5, 2014.
(6) Catawba Island Club Memorial
Day Fireworks, Catawba Island, OH.
The safety zone listed in 33 CFR
165.941 (a)(56) will be enforced from
8:55 p.m. to 9:25 p.m. on May 25, 2014.
(7) Luna Pier Fireworks Show, Luna
Pier, MI. The safety zone listed in 33
CFR 165.941 (a)(16) will be enforced
from 9:25 p.m. to 11:05 p.m. on July 5,
2014. In the event of inclement weather
this regulation will be enforced from
9:25 p.m. to 11:05 p.m. on July 6, 2014.
(8) Revolution3 Cedar Point Triathlon,
Sandusky, OH. The safety zone listed in
33 CFR 165.941 (a)(60) will be enforced
from 5:55 p.m. to 10:05 p.m. on
September 6, 2014 and from 5:55 p.m.
to 10:05 p.m. on September 7, 2014.
Under the provisions of 33 CFR
165.23, entry into, transiting, or
anchoring within these safety zones
during an enforcement period is
prohibited unless authorized by the
Captain of the Port Detroit or his
designated representative. Vessels that
wish to transit through the safety zones
may request permission from the
Captain of the Port Detroit or his
designated representative. Requests
must be made in advance and approved
by the Captain of Port Detroit before
transits will be authorized. Approvals
will be granted on a case by case basis.
The Captain of the Port Detroit may be
contacted via U.S. Coast Guard Sector
Detroit on channel 16, VHF–FM. The
Coast Guard will give notice to the
public via a Broadcast to Mariners that
the regulation is in effect.
This document is issued under
authority of 33 CFR 165.23 and 5 U.S.C.
552 (a). If the Captain of the Port Detroit
determines that the enforcement of
these safety zones need not occur as
stated in this document, he or she may
suspend such enforcement and notify
the public of the suspension via a
Broadcast Notice to Mariners.
VerDate Mar<15>2010
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Dated: May 6, 2014.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2014–11418 Filed 5–15–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0268; FRL–9910–48–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Update of the Motor
Vehicle Emissions Budgets for the
Allentown-Bethlehem-Easton 1997
8-Hour Ozone National Ambient Air
Quality Standard Maintenance Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Commonwealth of Pennsylvania’s
(Pennsylvania) State Implementation
Plan (SIP). The revisions consist of an
update to the Motor Vehicle Emissions
Budgets (MVEBs) for nitrogen oxides
(NOX) for the 1997 8-Hour Ozone
National Ambient Air Quality Standard
(NAAQS) SIP for the AllentownBethlehem-Easton 1997 8-Hour Ozone
NAAQS Maintenance Area (Allentown
Maintenance Area). The SIP revision
also includes an updated point source
inventory for NOX. This rulemaking
action approves the updated MVEBs
and thereby makes them available for
transportation conformity purposes.
EPA is approving these revisions to the
MVEBs and point source inventory in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on July 15,
2014 without further notice, unless EPA
receives adverse written comment by
June 16, 2014. 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 Number EPA–
R03–OAR–2014–0268 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2014–0268,
Cristina Fernandez, Associate Director,
SUMMARY:
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Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2014–
0268. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
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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:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 7, 2014, Pennsylvania
submitted a formal revision to its SIP.
The SIP revision consists of updated
MVEBs for NOX for the 1997 8-Hour
Ozone NAAQS. The SIP revision also
includes an updated point source
inventory for NOX.
On July 18, 1997 (62 FR 38856), EPA
established the 1997 8-Hour Ozone
NAAQS. On April 30, 2004 (69 FR
23858), Lehigh, Northampton, and
Carbon Counties were designated as
nonattainment for the 1997 8-Hour
Ozone NAAQS as a part of the
Allentown-Bethlehem-Easton
Nonattainment Area. On June 26, 2007,
the Pennsylvania Department of
Environmental Protection (PADEP)
submitted a request for redesignation
and a SIP revision which consisted of a
maintenance plan, a 2002 base year
inventory and MVEBs for transportation
conformity purposes. On March 2, 2008
(73 FR 11557), EPA approved the SIP
revision as well as the redesignation
request made by PADEP; therefore the
Allentown-Bethlehem-Easton
Nonattainment Area was redesignated
as an attainment area.
The currently SIP-approved MVEBs
for the Allentown Maintenance Area
were developed using the Highway
Mobile Source Emission Factor Model
(MOBILE6.2). On March 2, 2010 (75 FR
9411), EPA published a notice of
availability for the Motor Vehicle
Emissions Simulator (MOVES2010)
model for use in developing MVEBs for
SIPs and for conducting transportation
conformity analyses. EPA commenced a
two year grace period after which time
the MOVES2010 model would have to
be used for transportation conformity
purposes. The two year grace period
was scheduled to end on March 2, 2012.
On February 27, 2012 (77 FR 11394),
EPA published a final rule extending
the grace period for one more year to
March 2, 2013 to ensure adequate time
for affected parties to have the capacity
to use the MOVES model to develop or
update the applicable MVEBs in SIPs
and to conduct conformity analyses. On
September 8, 2010, EPA released
MOVES2010a, which is a minor update
to MOVES2010 and which is used by
Pennsylvania in this SIP revision.
II. Summary of SIP Revision
This SIP revision includes an update
to the MVEBs for NOX for the years 2009
(interim year) and 2018 (maintenance
year) that were produced using the
MOVES2010a model. This SIP revision
also includes an update to the point
source inventory for NOX. The MVEBs,
as well as the point source inventory,
were not updated for volatile organic
compounds (VOCs), therefore providing
information about VOCs in the tables
below is not applicable (N/A). A
comparison between the previous point
source inventory and the updated point
source inventory is provided in ‘‘Table
1, Summary of Point Source Inventory
in tpd.’’ The previously approved
MVEBs were produced using the Mobile
Source Emission Factor Model
(MOBILE6.2). A summary of the
updated MOVES-based emissions and
previously approved MOBILE6.2-based
emissions for the years 2004, 2009, and
2018 is provided in ‘‘Table 2. Summary
of Motor Vehicle Emissions in tpd.’’
Even though there is an emissions
increase in the MOVES-based MVEBs,
the increase is not due to an increase in
emissions from mobile sources. The
increase is due to the fact that the
MOVES model provides more accurate
emissions estimates than MOBILE6.2,
rather than growth that had not been
anticipated in the maintenance plan.
Also, part of the update of the MVEBs
is the addition of a 2 ton per day (tpd)
safety margin for NOX. The MVEBs that
will be utilized for transportation
conformity purposes and include the
safety margins are presented in ‘‘Table
3. Updated MVEBs in tpd.’’ These safety
margins were added because emissions
in the interim (2009) and maintenance
(2018) years are significantly less than
the attainment year emissions, which is
the year that the Allentown
Maintenance Area attained the standard.
Additionally, Table 3 presents the
portion of the MVEBs allotted to each
metropolitan planning organization
(MPO). In the case of the Allentown
Maintenance Area, there are two MPOs
involved in transportation planning for
the counties that are a part of the
maintenance area. The Lehigh Valley
MPO serves Lehigh and Northampton
Counties while the Northeastern
Pennsylvania Alliance (NEPA) MPO
serves Carbon County. A detailed
summary of EPA’s review and rationale
for proposing to approve this SIP
revision may be found in the Technical
Support Documents (TSDs) prepared in
support of this proposed rulemaking
action and are available on line at
https://www.regulations.gov, Docket
number EPA–R03–OAR–2014–0628.
TABLE 1—SUMMARY OF POINT SOURCE INVENTORY IN TPD
Current
Year .................................................................................................................................
NOX ..................................................................................................................................
Updated
2009
58.3
2018
66.6
2009
27.0
2018
26.1
TABLE 2—SUMMARY OF MOTOR VEHICLE EMISSIONS IN TPD
Model
MOBILE6.2
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Year ..................................................................................
VOCs ................................................................................
NOX ..................................................................................
2004
30.54
48.33
2009
22.80
33.89
MOVES2010a
2018
13.28
14.44
2004
N/A
59.38
2009
N/A
44.08
2018
N/A
21.95
TABLE 3—MVEBS FOR EACH MPO IN TPD
MPO
Lehigh Valley MPO
Year .................................................................................................................................
VOCs ...............................................................................................................................
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20.6482
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2018
12.4328
16MYR1
NEPA MPO
2009
3.4372
2018
2.263
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations
28437
TABLE 3—MVEBS FOR EACH MPO IN TPD—Continued
MPO
NOX ..................................................................................................................................
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III. Final Action
EPA is approving Pennsylvania’s SIP
revision request from March 7, 2014 to
update the MVEBs for the Allentown
Maintenance Area to reflect the use of
the MOVES model. EPA is also
proposing to approve the update to the
point source inventory. EPA is
approving this SIP revision because it
will allow the Allentown Maintenance
Area to continue to be in attainment of
the 1997 8-Hour Ozone NAAQS, and
our in depth review of the SIP revision
leads EPA to conclude that the updated
MVEBs meet the adequacy requirements
set forth in 40 CFR 93.118(e)(4)(i)–(vi),
and the updated MVEBs have been
correctly calculated to reflect the use of
the MOVES model. As a result of EPA’s
approval, these updated MVEBs will be
both adequate and SIP-approved for
purposes of transportation conformity.
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 July
15, 2014 without further notice unless
EPA receives adverse comment by June
16, 2014. 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. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
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).
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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.
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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 July 15, 2014. 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 rulemaking action
pertaining to the update of the MVEBs
and point and area source inventories
for the Allentown Maintenance 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, Nitrogen dioxide, Ozone,
Volatile organic compounds.
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Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations
Dated: April 25, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
Subpart NN—Pennsylvania
40 CFR part 52 is amended as follows:
Name of nonregulatory SIP
revision
§ 52.2020
*
*
*
*
(e) * * *
2. In § 52.2020, the table in paragraph
(e)(1) is amended by revising the entry
for ‘‘8-Hour Ozone Maintenance Plan
and 2002 Base Year Emissions Inventory
for Allentown-Bethlehem-Easton Area:
Carbon, Lehigh and Northampton
Counties’’ to read as follows:
(1) * * *
■
*
*
*
*
*
Additional
explanation
*
6/26/07
*
Allentown-Bethlehem-Easton
Area: Carbon, Lehigh and
Northampton Counties.
EPA
approval date
*
3/4/08 73 FR 11557 ......
3/7/14
*
*
8-Hour Ozone Maintenance
Plan and 2002 Base Year
Emissions Inventory.
*
State
submittal
date
Applicable
geographic area
5/16/14 [Insert page
number where the
document begins].
*
*
Technical correction dated 8/9/07
addresses omitted emissions inventory information from 6/26/07
submittals.
Revised 2009 and 2018 Motor Vehicle Emission Budgets. Revised
2009 and 2018 point source inventories. See sections 52.2043
and 52.2052.
*
*
3. Section 52.2043 is amended by
adding paragraph (c) to read as follows:
■
*
*
§ 52.2043 Control strategy for
maintenance plans: Ozone
*
*
*
*
*
(c) As of May 16, 2014, EPA approves
the following revised 2009 and 2018
point source inventory for nitrogen
*
oxides (NOX) for the AllentownBethlehem-Easton 1997 8-Hour Ozone
Maintenance Area submitted by the
Secretary of the Pennsylvania
Department of Environmental
Protection:
Applicable geographic area
Year
Allentown-Bethlehem-Easton 1997 8-Hour Ozone Maintenance Area ...........................................................................
Allentown-Bethlehem-Easton 1997 8-Hour Ozone Maintenance Area ...........................................................................
4. Section 52.2052 is amended by
adding paragraph (c) to read as follows:
■
§ 52.2052 Motor vehicle emissions
budgets for Pennsylvania ozone areas
*
*
*
*
*
(c) As of May 16, 2014, EPA approves
the following revised 2009 and 2018
Motor Vehicle Emissions Budgets
(MVEBs) for nitrogen oxides (NOX) for
the Allentown-Bethlehem-Easton 1997
1997
1997
1997
1997
8-Hour
8-Hour
8-Hour
8-Hour
Ozone
Ozone
Ozone
Ozone
Maintenance
Maintenance
Maintenance
Maintenance
Area
Area
Area
Area
(Lehigh and Northampton Counties) ................
(Lehigh and Northampton Counties) ................
(Carbon County) ...............................................
(Carbon County) ...............................................
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Year
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Tons per
day NOX
27.0
26.1
8-Hour Ozone Maintenance Area
submitted by the Secretary of the
Pennsylvania Department of
Environmental Protection:
Applicable geographic area
Allentown-Bethlehem-Easton
Allentown-Bethlehem-Easton
Allentown-Bethlehem-Easton
Allentown-Bethlehem-Easton
*
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2018
2009
2018
Tons per
day NOX
39.18
20.41
6.90
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Table of Contents
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2010–0873; FRL–9909–98–
OAR]
RIN 2060–AH23
Quality Assurance Requirements for
Continuous Opacity Monitoring
Systems at Stationary Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This action promulgates
quality assurance and quality control
(QA/QC) procedures (referred to as
Procedure 3) for continuous opacity
monitoring systems (COMS) used to
demonstrate continuous compliance
with opacity standards specified in new
source performance standards (NSPS)
issued by the EPA pursuant to section
111(b) of the Clean Air Act (CAA),
Standards of Performance for New
Stationary Sources.
DATES: This final rule is effective on
November 12, 2014.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2010–0873. All
documents in the docket are listed in
the www.regulations.gov index.
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 either electronically at
www.regulations.gov or in hard copy at
the Air Docket, EPA/DC, William J.
Clinton West Building, Room 3334,
1301 Constitution Ave. NW.,
Washington, DC. The Docket Facility
and Public Reading Room are open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Air Docket is
(202) 566–1742, and the telephone
number for the Public Reading Room is
(202) 566–1744.
FOR FURTHER INFORMATION CONTACT: Ms.
Lula H. Melton, U.S. EPA, Office of Air
Quality Planning and Standards, Air
Quality Assessment Division,
Measurement Technology Group (Mail
Code: E143–02), Research Triangle Park,
NC 27711; telephone number: (919)
541–2910; fax number: (919) 541–0516;
email address: melton.lula@epa.gov.
SUPPLEMENTARY INFORMATION:
TKELLEY on DSK3SPTVN1PROD with RULES
SUMMARY:
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I. General Information
A. Does this action apply to me?
B. Where can I obtain a copy of this action?
C. Judicial Review
II. Background
III. Summary of Procedure 3
IV. Public Comments on Proposed Procedure
3
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. General Information
A. Does this action apply to me?
Procedure 3 applies to COMS used to
demonstrate continuous compliance
with opacity standards specified in
NSPS promulgated by the EPA pursuant
to section 111(b) of the CAA, 42 U.S.C.
7411(b).
B. Where can I obtain a copy of this
action?
In addition to being available in the
docket, an electronic copy of this rule
will also be available on the Worldwide
Web (www) through the Technology
Transfer Network (TTN). Following the
Administrator’s signature, a copy of the
final rule will be placed on the TTN’s
policy and guidance page for newly
proposed or promulgated rules at https://
www.epa.gov/ttn/oarpg. The TTN
provides information and technology
exchange in various areas of air
pollution control. A redline strikeout
document that compares this final rule
to the proposed rule has also been
added to the docket.
C. Judicial Review
Under section 307(b)(1) of the CAA,
judicial review of this final rule is
available by filing a petition for review
in the United States Court of Appeals
for the District of Columbia Circuit by
July 15, 2014. Under section
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
28439
307(d)(7)(B) of the CAA, only an
objection to this final rule that was
raised with reasonable specificity
during the period for public comment
can be raised during judicial review.
Moreover, under section 307(b)(2) of the
CAA, the requirements that are the
subject of this final rule may not be
challenged later in civil or criminal
proceedings brought by the EPA to
enforce these requirements.
II. Background
Procedure 3 results in national
consistency in the application of QA/QC
procedures by applicable sources using
COMS. We published a direct final rule
and a parallel proposed rule for
Procedure 3 in the Federal Register on
February 14, 2012. The public comment
period was originally scheduled to end
on March 15, 2012, but was extended to
April 30, 2012, at the request of several
commenters. On March 28, 2012, the
EPA withdrew the direct final rule
based on the receipt of adverse
comments on the parallel proposed rule.
III. Summary of Procedure 3
This final rule codifies Procedure 3 in
40 CFR part 60, Appendix F. Procedure
3 establishes requirements for daily
instrument zero and upscale drift
checks, daily status indicator checks,
quarterly performance audits, and
annual zero alignments, and requires
source owners and operators to have a
corrective action in place for
malfunctioning COMS. In addition,
Performance Specification 1 (which is
the initial certification for COMS)
provides requirements for the design,
performance, and installation of a
COMS and data computation
procedures for evaluating the
acceptability of a COMS. The
requirements in Procedure 3 are
modeled after manufacturers’
maintenance recommendations. As a
result, the EPA believes that most, if not
all, owners/operators are already
following procedures similar to those
specified in Procedure 3. Therefore,
there are no additional costs, or
reporting burden, associated with
implementing Procedure 3.
IV. Public Comments on Proposed
Procedure 3
The EPA received 27 comments from
state agencies, industry, and non-profit
organizations. Nine commenters noted
support for Procedure 3. Several
commenters requested clarity with
regard to applicability, so the
E:\FR\FM\16MYR1.SGM
16MYR1
Agencies
[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Rules and Regulations]
[Pages 28435-28439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10695]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0268; FRL-9910-48-Region-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the
Allentown-Bethlehem-Easton 1997 8-Hour Ozone National Ambient Air
Quality Standard Maintenance Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Commonwealth of Pennsylvania's
(Pennsylvania) State Implementation Plan (SIP). The revisions consist
of an update to the Motor Vehicle Emissions Budgets (MVEBs) for
nitrogen oxides (NOX) for the 1997 8-Hour Ozone National
Ambient Air Quality Standard (NAAQS) SIP for the Allentown-Bethlehem-
Easton 1997 8-Hour Ozone NAAQS Maintenance Area (Allentown Maintenance
Area). The SIP revision also includes an updated point source inventory
for NOX. This rulemaking action approves the updated MVEBs
and thereby makes them available for transportation conformity
purposes. EPA is approving these revisions to the MVEBs and point
source inventory in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on July 15, 2014 without further notice,
unless EPA receives adverse written comment by June 16, 2014. 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 Number EPA-
R03-OAR-2014-0268 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2014-0268, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0268. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.
[[Page 28436]]
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: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 7, 2014, Pennsylvania submitted a formal revision to its
SIP. The SIP revision consists of updated MVEBs for NOX for
the 1997 8-Hour Ozone NAAQS. The SIP revision also includes an updated
point source inventory for NOX.
On July 18, 1997 (62 FR 38856), EPA established the 1997 8-Hour
Ozone NAAQS. On April 30, 2004 (69 FR 23858), Lehigh, Northampton, and
Carbon Counties were designated as nonattainment for the 1997 8-Hour
Ozone NAAQS as a part of the Allentown-Bethlehem-Easton Nonattainment
Area. On June 26, 2007, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a request for redesignation and a SIP
revision which consisted of a maintenance plan, a 2002 base year
inventory and MVEBs for transportation conformity purposes. On March 2,
2008 (73 FR 11557), EPA approved the SIP revision as well as the
redesignation request made by PADEP; therefore the Allentown-Bethlehem-
Easton Nonattainment Area was redesignated as an attainment area.
The currently SIP-approved MVEBs for the Allentown Maintenance Area
were developed using the Highway Mobile Source Emission Factor Model
(MOBILE6.2). On March 2, 2010 (75 FR 9411), EPA published a notice of
availability for the Motor Vehicle Emissions Simulator (MOVES2010)
model for use in developing MVEBs for SIPs and for conducting
transportation conformity analyses. EPA commenced a two year grace
period after which time the MOVES2010 model would have to be used for
transportation conformity purposes. The two year grace period was
scheduled to end on March 2, 2012. On February 27, 2012 (77 FR 11394),
EPA published a final rule extending the grace period for one more year
to March 2, 2013 to ensure adequate time for affected parties to have
the capacity to use the MOVES model to develop or update the applicable
MVEBs in SIPs and to conduct conformity analyses. On September 8, 2010,
EPA released MOVES2010a, which is a minor update to MOVES2010 and which
is used by Pennsylvania in this SIP revision.
II. Summary of SIP Revision
This SIP revision includes an update to the MVEBs for
NOX for the years 2009 (interim year) and 2018 (maintenance
year) that were produced using the MOVES2010a model. This SIP revision
also includes an update to the point source inventory for
NOX. The MVEBs, as well as the point source inventory, were
not updated for volatile organic compounds (VOCs), therefore providing
information about VOCs in the tables below is not applicable (N/A). A
comparison between the previous point source inventory and the updated
point source inventory is provided in ``Table 1, Summary of Point
Source Inventory in tpd.'' The previously approved MVEBs were produced
using the Mobile Source Emission Factor Model (MOBILE6.2). A summary of
the updated MOVES-based emissions and previously approved MOBILE6.2-
based emissions for the years 2004, 2009, and 2018 is provided in
``Table 2. Summary of Motor Vehicle Emissions in tpd.'' Even though
there is an emissions increase in the MOVES-based MVEBs, the increase
is not due to an increase in emissions from mobile sources. The
increase is due to the fact that the MOVES model provides more accurate
emissions estimates than MOBILE6.2, rather than growth that had not
been anticipated in the maintenance plan. Also, part of the update of
the MVEBs is the addition of a 2 ton per day (tpd) safety margin for
NOX. The MVEBs that will be utilized for transportation
conformity purposes and include the safety margins are presented in
``Table 3. Updated MVEBs in tpd.'' These safety margins were added
because emissions in the interim (2009) and maintenance (2018) years
are significantly less than the attainment year emissions, which is the
year that the Allentown Maintenance Area attained the standard.
Additionally, Table 3 presents the portion of the MVEBs allotted to
each metropolitan planning organization (MPO). In the case of the
Allentown Maintenance Area, there are two MPOs involved in
transportation planning for the counties that are a part of the
maintenance area. The Lehigh Valley MPO serves Lehigh and Northampton
Counties while the Northeastern Pennsylvania Alliance (NEPA) MPO serves
Carbon County. A detailed summary of EPA's review and rationale for
proposing to approve this SIP revision may be found in the Technical
Support Documents (TSDs) prepared in support of this proposed
rulemaking action and are available on line at https://www.regulations.gov, Docket number EPA-R03-OAR-2014-0628.
Table 1--Summary of Point Source Inventory in tpd
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Current
Updated
----------------------------------------------------------------------------------------------------------------
Year........................................................ 2009 2018 2009 2018
NOX......................................................... 58.3 66.6 27.0 26.1
----------------------------------------------------------------------------------------------------------------
Table 2--Summary of Motor Vehicle Emissions in tpd
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Model MOBILE6.2
MOVES2010a
----------------------------------------------------------------------------------------------------------------
Year.............................. 2004 2009 2018 2004 2009 2018
VOCs.............................. 30.54 22.80 13.28 N/A N/A N/A
NOX............................... 48.33 33.89 14.44 59.38 44.08 21.95
----------------------------------------------------------------------------------------------------------------
Table 3--MVEBs for Each MPO in tpd
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
MPO Lehigh Valley MPO
NEPA MPO
----------------------------------------------------------------------------------------------------------------
Year........................................................ 2009 2018 2009 2018
VOCs........................................................ 20.6482 12.4328 3.4372 2.263
[[Page 28437]]
NOX......................................................... 39.1787 20.4058 6.8977 3.541
----------------------------------------------------------------------------------------------------------------
III. Final Action
EPA is approving Pennsylvania's SIP revision request from March 7,
2014 to update the MVEBs for the Allentown Maintenance Area to reflect
the use of the MOVES model. EPA is also proposing to approve the update
to the point source inventory. EPA is approving this SIP revision
because it will allow the Allentown Maintenance Area to continue to be
in attainment of the 1997 8-Hour Ozone NAAQS, and our in depth review
of the SIP revision leads EPA to conclude that the updated MVEBs meet
the adequacy requirements set forth in 40 CFR 93.118(e)(4)(i)-(vi), and
the updated MVEBs have been correctly calculated to reflect the use of
the MOVES model. As a result of EPA's approval, these updated MVEBs
will be both adequate and SIP-approved for purposes of transportation
conformity. 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 July 15, 2014 without further
notice unless EPA receives adverse comment by June 16, 2014. 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. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
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 July 15, 2014. 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 rulemaking action pertaining to the update of
the MVEBs and point and area source inventories for the Allentown
Maintenance 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, Nitrogen dioxide, Ozone, Volatile organic compounds.
[[Page 28438]]
Dated: April 25, 2014.
W.C. Early,
Acting 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
revising the entry for ``8-Hour Ozone Maintenance Plan and 2002 Base
Year Emissions Inventory for Allentown-Bethlehem-Easton Area: Carbon,
Lehigh and Northampton Counties'' to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non- regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone Maintenance Plan and Allentown-Bethlehem- 6/26/07 3/4/08 73 FR 11557.. Technical
2002 Base Year Emissions Easton Area: correction dated 8/
Inventory. Carbon, Lehigh and 9/07 addresses
Northampton omitted emissions
Counties. inventory
information from 6/
26/07 submittals.
3/7/14 5/16/14 [Insert page Revised 2009 and
number where the 2018 Motor Vehicle
document begins]. Emission Budgets.
Revised 2009 and
2018 point source
inventories. See
sections 52.2043
and 52.2052.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.2043 is amended by adding paragraph (c) to read as
follows:
Sec. 52.2043 Control strategy for maintenance plans: Ozone
* * * * *
(c) As of May 16, 2014, EPA approves the following revised 2009 and
2018 point source inventory for nitrogen oxides (NOX) for
the Allentown-Bethlehem-Easton 1997 8-Hour Ozone Maintenance Area
submitted by the Secretary of the Pennsylvania Department of
Environmental Protection:
------------------------------------------------------------------------
Tons per
Applicable geographic area Year day NOX
------------------------------------------------------------------------
Allentown-Bethlehem-Easton 1997 8-Hour Ozone 2009 27.0
Maintenance Area.............................
Allentown-Bethlehem-Easton 1997 8-Hour Ozone 2018 26.1
Maintenance Area.............................
------------------------------------------------------------------------
0
4. Section 52.2052 is amended by adding paragraph (c) to read as
follows:
Sec. 52.2052 Motor vehicle emissions budgets for Pennsylvania ozone
areas
* * * * *
(c) As of May 16, 2014, EPA approves the following revised 2009 and
2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides
(NOX) for the Allentown-Bethlehem-Easton 1997 8-Hour Ozone
Maintenance Area submitted by the Secretary of the Pennsylvania
Department of Environmental Protection:
------------------------------------------------------------------------
Tons per
Applicable geographic area Year day NOX
------------------------------------------------------------------------
Allentown-Bethlehem-Easton 1997 8-Hour Ozone 2009 39.18
Maintenance Area (Lehigh and Northampton
Counties)....................................
Allentown-Bethlehem-Easton 1997 8-Hour Ozone 2018 20.41
Maintenance Area (Lehigh and Northampton
Counties)....................................
Allentown-Bethlehem-Easton 1997 8-Hour Ozone 2009 6.90
Maintenance Area (Carbon County).............
Allentown-Bethlehem-Easton 1997 8-Hour Ozone 2018 3.54
Maintenance Area (Carbon County).............
------------------------------------------------------------------------
[FR Doc. 2014-10695 Filed 5-15-14; 8:45 am]
BILLING CODE 6560-50-P