Approval and Promulgation of Air Quality Implementation Plan; Pennsylvania; Determination of Attainment for the 2008 Lead National Ambient Air Quality Standard for the Lyons Nonattainment Area, 77911-77915 [2014-30174]

Download as PDF Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations (2) The significant new uses are: (i) For each of the chemical substances listed in Table 2 of this section, any use other than use as a reagent to test for hydrogen peroxide in milk; a reagent to test for hydrogen sulfate, hydrogen cyanide, and nicotine; a stain in microscopy; a reagent for detecting blood; an analytical standard; and, additionally for Colour Index (C.I.) Direct Red 28 (Congo Red) (CAS No. 573–58–0), an indicator dye. (ii) For the chemical substances listed in Table 1 of this section: Any use. (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b). (1) Revocation of certain notification exemptions. The provisions of § 721.45(f) do not apply to this section. A person who imports or processes a chemical substance identified in paragraph (a)(1) of this section as part of an article for a significant new use described in paragraph (a)(2) of this section is not exempt from submitting a significant new use notice. (2) [Reserved] ■ 5. Add § 721.10226 to subpart E to read as follows: § 721.10226 Di-n-pentyl phthalate (DnPP). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as di-n-pentyl phthalate (DnPP) (1,2benzenedicarboxylic acid, 1,2-dipentyl ester) (CAS No. 131–18–0) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) The significant new use is: Any use other than use as a chemical standard for analytical experiments. (b) [Reserved] ■ 6. Add § 721.10227 to subpart E to read as follows: mstockstill on DSK4VPTVN1PROD with RULES § 721.10227 Alkanes, C12-13, chloro (CAS No. 71011–12–6). (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as alkanes, C12-13, chloro (CAS No. 71011– 12–6) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) The significant new use is: Any use. (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b). (1) Persons who must report. Section 721.5 applies to this section except for § 721.5(a)(2). A person who intends to manufacture for commercial purposes a VerDate Sep<11>2014 21:03 Dec 24, 2014 Jkt 235001 substance identified in paragraph (a)(1) of this section and intends to distribute the substance in commerce must submit a significant new use notice. (2) [Reserved] [FR Doc. 2014–29887 Filed 12–24–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2014–0409; FRL–9920–68– Region–3] Approval and Promulgation of Air Quality Implementation Plan; Pennsylvania; Determination of Attainment for the 2008 Lead National Ambient Air Quality Standard for the Lyons Nonattainment Area Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to determine that the Lyons, Pennsylvania nonattainment area (hereafter referred to as the ‘‘Lyons Area’’ or ‘‘Area’’) has attained the 2008 lead (Pb) national ambient air quality standard (NAAQS). On March 31, 2014, the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection, submitted a request to EPA to make a determination that the Lyons Area has attained the 2008 Pb NAAQS. This determination of attainment is based upon certified, quality-assured, and quality-controlled ambient air monitoring data from 2011– 2013 which shows that the Area has monitored attainment for the 2008 Pb NAAQS. Additionally, as a result of this determination, EPA is taking final action to suspend the requirements for the Area to submit an attainment demonstration, together with reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP or attainment deadlines for so long as the Area continues to attain the 2008 Pb NAAQS. This determination does not constitute a redesignation to attainment. The Lyons Area will remain designated nonattainment for the 2008 Pb NAAQS until such time as EPA determines that the Lyons Area meets the Clean Air Act (CAA) requirements for redesignation to attainment, including an approved maintenance plan. These actions are being taken under the Clean Air Act (CAA). DATES: This final rule is effective on January 28, 2015. SUMMARY: PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 77911 EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2014–0409. All documents in the docket are listed in the www.regulations.gov. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814–5787, or by email at schmitt.ellen@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Background On August 7, 2014 (79 FR 46211), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the August 7, 2014 NPR, EPA proposed to make a clean data determination, finding that the Lyons Area has attained the 2008 Pb NAAQS, based on certified, quality-assured, and quality-controlled ambient air monitoring data from 2011– 2013. The Lyons Area is located in Berks County, Pennsylvania and bounded by Kutztown Borough, Lyons Borough, Maxatawny Township, and Richmond Township. See 40 CFR 81.339. II. Summary of Rulemaking Action EPA is taking final action to determine that the Lyons Area has attaining data for the 2008 Pb NAAQS. This determination of attainment is based upon certified, quality-assured, and quality-controlled air monitoring data that shows the Area has monitored attainment of the 2008 Pb NAAQS based on 2011–2013 data. Other specific requirements of the determination of attainment and the rationale for EPA’s action are explained in the NPR published on August 7, 2014 (79 FR 46211) as well as in the Technical Support Document (TSD) that accompanied the NPR, and will not be restated here. The TSD is available in the docket for this rulemaking action at www.regulations.gov. III. Effect of This Action This final action suspends the requirements for the Lyons Area to E:\FR\FM\29DER1.SGM 29DER1 77912 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations submit an attainment demonstration, associated RACM, RFP plan, and contingency measures for failure to meet RFP or attainment deadlines so long as this Area continues to meet the 2008 Pb NAAQS. Finalizing this action does not constitute a redesignation of the Lyons Area to attainment for the 2008 Pb NAAQS under section 107(d)(3) of the CAA. Further, finalizing this action does not involve approving a maintenance plan for the Area as required under section 175A of the CAA, nor does it involve a determination that the Area has met all requirements for a redesignation. mstockstill on DSK4VPTVN1PROD with RULES IV. Public Comments and EPA’s Responses EPA received comments from the East Penn Manufacturing Company, Inc. (hereafter referred to as ‘‘commenter’’) regarding the August 7, 2014 NPR proposing a determination of attainment for the Lyons Area for the 2008 Pb NAAQS. A full set of these comments is provided in the docket for today’s final rulemaking action. Comment: The commenter states it is supportive of EPA’s proposed determination of attainment of the Lyons Area because such a determination is an affirmation of ‘‘historical and on-going policies and practices regarding compliance with air quality standards and minimization of lead emissions’’ from its manufacturing campus in the Lyons Area. The commenter states that it believes that the nonattainment plan provision requirements of section 172(c) of the CAA, including the emission inventory provisions of section 172(c)(3), will be suspended for as long as the Lyons Area continues to attain the 2008 Pb NAAQS upon EPA’s finalization of the determination of attainment for the Lyons Area. The commenter refers to a September 4, 1992 EPA memorandum 1 and a May 10, 1995 EPA memorandum,2 1 Procedures for Processing Requests to Redesignate Areas to Attainment, EPA Memorandum from John Calcagni, Director, Air Quality Management Division, Office of Air Quality Planning Standards, September 4, 1992 (Calcagni Memorandum), located at http://www.epa.gov/ttn/ oarpg/t5/memoranda/redesignmem090492.pdf. The commenter referred to this Memorandum as the ‘‘September 4, 1994 Calcagni memorandum.’’ EPA believes the inaccurate year was an inadvertent error as the September 4, 1992 Calcagni Memorandum addressed requirements for attainment plans necessary when an area has attained a NAAQS and seeks redesignation. 2 Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standard (Seitz Memorandum), EPA Memorandum from John S. Seitz, Director, Office of Air Quality Planning Standards, May 10, 1995, located at http:// www.epa.gov/ttn/caaa/t1/memoranda/clean15.pdf. VerDate Sep<11>2014 18:05 Dec 24, 2014 Jkt 235001 in support of its position that the nonattainment plan provision requirements of section 172(c), including the emission inventory provisions of section 172(c)(3), should be suspended when EPA finalizes the determination of attainment for the Lyons Area. The commenter states it understands the nonattainment plan provisions of section 172(c), including emission inventory provision requirements in section 172(c)(3), are suspended because development and inclusion of such information in a state implementation plan (SIP) only has meaning for areas not attaining the 2008 Pb NAAQS in accordance with both the Calcagni Memorandum and the Seitz Memorandum. The commenter asserts that ‘‘such information’’ will not have meaning upon final promulgation of the Lyons Area determination of attainment because the Lyons Area will be understood to have attained the NAAQS. For further support, the commenter cites to language from the Seitz Memorandum (which also references the Calcagni Memorandum and 57 FR 13498 (April 16, 1992)) 3 which says that ‘‘no other measures to provide for attainment would be needed by areas seeking redesignation to attainment since ‘attainment will have been reached.’ ’’ The commenter requests that EPA acknowledge that upon final promulgation of the Lyons Area determination of attainment, all additional information requirements under section 172(c), including the emission inventory provisions, will be considered suspended as long as the Lyons Area continues to demonstrate attainment with the 2008 Pb NAAQS. Response: EPA disagrees with the commenter’s asserted position that upon final promulgation of the Lyons Area determination of attainment, all informational or planning requirements under section 172(c), including the emission inventory provisions, are considered suspended as long as the 3 57 FR 13498 was promulgated after the CAA Amendments in 1990 as EPA’s ‘‘General Preamble’’ which principally described EPA’s preliminary views on how EPA should interpret various provisions of Title I, primarily those concerning SIP revisions required for nonattainment areas. Although the General Preamble includes various statements that states must take certain actions, EPA specifically stated in the Federal Register notice that the statements in the General Preamble are made pursuant to EPA’s preliminary interpretations, and thus do not bind the states and the public as a matter of law. EPA stated that the General Preamble was an advance notice of how EPA generally intends, in subsequent rulemakings, to take action on SIP submissions and to interpret various Title I provisions. EPA notes the commenter inadvertently cites the General Preamble as 57 FR 13564 and not 57 FR 13498. PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 Lyons Area continues to demonstrate attainment with the 2008 Pb NAAQS. Following enactment of the CAA Amendments of 1990, EPA promulgated its interpretation of the requirements for implementing the NAAQS in the general preamble for the implementation of Title I of the CAA Amendments of 1990 (General Preamble). See 57 FR 13498, 13564 (April 16, 1992). In 1995, based on the interpretation of CAA sections 171, 172, and 182 in the General Preamble, EPA set forth what has become known as its ‘‘Clean Data Policy’’ for the 1-hour ozone NAAQS. See Seitz Memorandum. The Seitz Memorandum provided that requirements to submit SIP revisions addressing RFP, an attainment demonstration, and other related requirements such as contingency measures and other specific ozonerelated requirements in section 182 not relevant here, would be suspended for as long as the nonattainment area continued to monitor attainment of the NAAQS.4 The Seitz Memorandum did not state the emissions inventory requirement in section 172(c)(3) was suspended when an area attains the NAAQS. Prior to the Seitz Memorandum, the Calcagni Memorandum in 1992 addressed prerequisites for redesignation of nonattainment areas to attainment. The Calcagni Memorandum indicated certain requirements from section 172(c) including RFP, identification of certain emissions increases, and other measures needed for attainment would not apply for redesignations because they only have meaning for areas not attaining the NAAQS. The Calcagni Memorandum specifically stated that the requirements for an emission inventory in section 172(c) would be satisfied by the emission inventory requirements in section 175A for maintenance plans which must be submitted with redesignation requests under section 107(d). Thus, the Calcagni Memorandum, like the Seitz Memorandum, specifically did not state that emission inventory requirements in section 172(c)(3) were not required for areas which had attained the NAAQS, but which were still designated nonattainment as the Lyons Area is. Rather, according to the Calcagni 4 EPA notes that the Seitz Memorandum specifically states that the Memorandum addresses whether areas attaining the NAAQS must submit SIP revisions concerning RFP and attainment demonstrations and related requirements such as contingency measures, transportation control measures, and section 182(g) milestones. The Seitz Memorandum does not explicitly or implicitly state that requirements to submit emission inventories in section 172(c)(3) are suspended. E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES Memorandum, the emission inventory requirement in section 172(c)(3) for nonattainment areas is required but can be satisfied by the requirement to submit an emission inventory for purposes of section 175A maintenance plans. Likewise, EPA’s General Preamble for title I of the CAA in 57 FR 13498 also discussed SIP submission requirements that are not applicable for purposes of redesignations of areas to attainment (in section 107(d)), such as RFP and contingency measures, where the areas in question have already attained the NAAQS. The General Preamble stated that for areas already attaining the NAAQS, such additional measures in section 172(c) that are designed to bring about attainment are not needed, and any additional measures to ensure that maintenance of the NAAQS continues would be addressed under the requirements for maintenance plans in section 175A. See 57 FR 13564 (stating requirement for RFP would have no meaning once an area attained). However, like the Calcagni Memorandum, the General Preamble also stated that the emission inventory requirement of section 172(c)(3) would be satisfied during consideration of redesignation requests by the inventory requirements of the maintenance plan. Id. Thus, for redesignations, states can satisfy the inventory requirement in section 172(c)(3) by meeting the section 175A maintenance plan requirement to submit a base-year emission inventory. Of more relevance, in 2004, EPA indicated its intention to extend the Clean Data Policy (from the Seitz Memorandum) to the fine particulate matter (PM2.5) NAAQS.5 EPA’s 2007 implementation rule for the 1997 PM2.5 NAAQS (the 2007 PM2.5 Implementation Rule) specifically extended the Clean Data Policy to the 1997 PM2.5 NAAQS providing that, when EPA makes a determination that an area designated nonattainment has attained the PM2.5 NAAQS, certain requirements of section 172(c) for SIP revisions shall be suspended, including requirements to submit an attainment demonstration, RFP, RACM, contingency measures and other planning SIPs related to attainment of the NAAQS.6 See 40 CFR 51.1004(c). 5 Clean Data Policy for the Fine Particle National Ambient Air Quality Standards, EPA Memorandum from Steve Page, Director, EPA Office of Air Quality Planning Standards, December 14, 2004, located at http://www.epa.gov/airquality/urbanair/sipstatus/ docs/pm25_clean_data_policy_14dec2004.pdf. 6 Although the D.C. Circuit remanded the 2007 PM2.5 Implementation Rule to EPA on January 4, 2013, the decision did not cast doubt on EPA’s interpretation of statutory provisions, including VerDate Sep<11>2014 18:05 Dec 24, 2014 Jkt 235001 EPA’s Clean Data Policy represents the Agency’s long-held interpretation that certain requirements of subpart 1 of part D of the CAA are, by EPA’s terms, not applicable to areas that have attained the NAAQS before the applicable attainment date.7 Specifically, a determination of attainment indicates that the area has attained the NAAQS and therefore the purpose of the RFP requirement (for the nonattainment area to make progress towards attainment) will have been fulfilled. Therefore, the area does not have to address RFP, as long as it continues to monitor attainment. In addition, the goal of the attainment demonstration required by section 172(c) is to show how the area will be brought back into attainment and a clean data determination indicates that the area is in attainment.8 Thus, EPA has determined that an attainment demonstration is unnecessary as attainment will have been reached. Finally, the contingency measures SIP requirement in section 172(c)(9) is linked with both the attainment demonstration and RFP requirements, and similar reasoning applies for the suspension of contingency measures requirement upon a determination of attainment. Section 172(c)(9) provides that SIPs in nonattainment areas shall provide for the implementation of contingency measures to be undertaken if the area fails to make reasonable further progress or fails to attain the NAAQS. This contingency measure requirement is inextricably tied to the reasonable further progress and attainment demonstration requirements. Where an area has already achieved attainment, it has no need to rely on contingency measures to make further progress to attainment. Thus, the contingency measure requirement no longer applies when an area has attained the standard. EPA’s Clean Data Policy has been reviewed and consistently upheld by a EPA’s Clean Data Policy interpretation. See Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013) (remanding the 2007 PM2.5 Implementation Rule due to concerns regarding requirements for subpart 4 of part D of Title I of the CAA). 7 This discussion refers to subpart 1 of part D of the CAA as this subpart contains the general and substantive attainment-related requirements for all NAAQS. Subpart 5 establishes additional requirements for the lead NAAQS, including the applicable attainment date and the deadline for states to submit a plan to meet the substantive attainment-related requirements of subpart 1. 8 Likewise, EPA’s Clean Data Policy suspends the requirement for RACM in SIP submissions for section 172(c) upon a determination of attainment because the intent of RACM in section 172(c)(1) is to enable an area to attain the NAAQS. RACM would not be needed as an ‘‘additional measure’’ if an area has attained the NAAQS. PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 77913 number of courts. U.S. Courts of Appeals for the Tenth, Seventh, and Ninth Circuits have all upheld EPA rulemakings applying the Clean Data Policy suspending requirements for RFP, attainment demonstrations, RACM and contingency measures. See Sierra Club v. EPA, 99 F.3d 1551 (10th Cir. 1996); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004); Our Children’s Earth Foundation v. EPA, No. 04–73032 (9th Cir. June 28, 2005 (Memorandum Opinion)); and Latino Issues Forum v. EPA, Nos. 06–75831 and 08–71238 (9th Cir. March 2, 2009 (Memorandum Opinion)). Notably, in each of those EPA actions upheld by the courts, EPA suspended the planning requirements listed above but did not suspend the requirement that the state submit an emissions inventory. A listing of these rulemakings was provided in the NPR for this action and will not be restated here. See 79 FR 46211. In alignment with the policies outlined in the Seitz Memorandum for ozone and the 2007 PM2.5 Implementation Rule mentioned above,9 EPA employs the same rationale when it approves the suspension of certain requirements for nonattainment areas for the 2008 Pb NAAQS.10 EPA has applied its interpretation of what SIP provisions are impacted under a determination of attainment for a nonattainment area for the 2008 Pb NAAQS in previous final determinations of attainment rulemaking actions for 2008 Pb NAAQS nonattainment areas. See 77 FR 52232 (August 29, 2012) and 78 FR 66280 (November 5, 2013). In the August 7, 2014 NPR, EPA expressly stated that if we finalized the determination of attainment for the Lyons Area, the requirements for Pennsylvania to submit for the Area an attainment demonstration, associated RACM, a RFP plan, contingency measures, and other planning requirements related to attainment of the standard would be suspended for so long as the Lyons Area continues to attain the 2008 Pb NAAQS. The commenter wrongly interprets this language to mean that upon 9 See 72 FR 20586 (April 25, 2007) (2007 PM 2.5 Implementation Rule). See also 70 FR 71612 (November 29, 2005) (Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard—Phase 2 which included and extended the Clean Data Policy for ozone to the 1997 ozone NAAQS). 10 Each of the above interpretations apply only as long as a nonattainment area continues to monitor attainment of the standard. If EPA determines that the Lyons Area has violated the 2008 Pb NAAQS, the area would again be required to submit the pertinent SIP sections in section 172(c) including requirements for RFP, RACM, and contingency measures. E:\FR\FM\29DER1.SGM 29DER1 mstockstill on DSK4VPTVN1PROD with RULES 77914 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations finalization of the determination of attainment for the Lyons Area, all of the nonattainment plan provisions that fall under paragraph 172(c), including the emission inventory provisions of section 172(c)(3), will be suspended for so long as the Lyons Area continues to attain the 2008 Pb NAAQS. Section 172(c) includes a list of requirements for SIP revisions for areas that are designated as nonattainment for a NAAQS. As discussed earlier, EPA has long interpreted some of the planning provisions that directly relate to measures aimed to achieve attainment of a NAAQS, such as RFP, RACM, and contingency measures, to no longer apply when an area is monitoring attainment of the standard. However, EPA believes a number of section 172(c) SIP revision requirements continue to apply and must be met even after EPA determines that a nonattainment area has attained a NAAQS. The provision requiring a nonattainment area to submit an emissions inventory is one such obligation that cannot be suspended simply because the area has monitored attainment. The requirement in section 172(c)(5) for a nonattainment new source review permit program in accordance with section 173 is another requirement not suspended by a determination of attainment. As stated in the NPR and TSD for this action, a finalized determination of attainment does not undo the original designation of the area as nonattainment, nor does it redesignate the area to attainment. While the commenter cites the Seitz Memorandum, General Preamble, and Calcagni Memorandum in support of its position, those documents in fact support EPA’s interpretation that the emission inventory requirement in section 172(c)(3) remains as a required SIP provision after a determination of attainment. As discussed earlier, the Calcagni Memorandum and General Preamble maintain that the emission inventory requirement in section 172(c)(3) continues to apply to areas that are attaining the NAAQS, and only provide that for purposes of redesignation under 107(d)(3)(E), the requirement can be satisfied by an emission inventory submitted pursuant to the maintenance plan required by section 175A. Thus, EPA disagrees with the commenter that all nonattainment plan provision requirements located in section 172(c), including ‘‘informational’’ requirements such as the section 172(c)(3) emissions inventory provision, are suspended after a determination of attainment is made for the nonattainment area. VerDate Sep<11>2014 18:05 Dec 24, 2014 Jkt 235001 V. EPA’s Final Action EPA is taking final action to determine that the Lyons Area is attaining the 2008 lead NAAQS. This determination of attainment is based upon certified, quality-assured, and quality-controlled air monitoring data showing that this Area has monitored attainment of the 2008 Pb NAAQS during the period 2011–2013. This final action suspends the requirements for this Area to submit an attainment demonstration, associated RACM, RFP plans, and contingency measures for failure to meet RFP or attainment deadlines so long as this Area continues to meet the 2008 Pb NAAQS. EPA is taking this final action because it is in accordance with the CAA and EPA policy and guidance. VI. Statutory and Executive Order Reviews A. General Requirements This action, which makes a determination of attainment based on air quality, will result in the suspension of certain Federal requirements and/or will not impose any 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 (Public Law 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 PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 • 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 rulemaking action 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 February 27, 2015. 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 rulemaking action, determining that the Lyons Area has attained the 2008 Pb 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, Lead, Reporting and recordkeeping requirements. E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations Dated: December 11, 2014. William C. Early, Acting, Regional Administrator, Region III. FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 74 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Information Collection Approval for the Rules Regarding Low Power Auxiliary Stations, Including Wireless Microphones 1. The authority citation for part 52 continues to read as follows: ■ Federal Communications Commission. ACTION: Announcement of approval date for information collection. AGENCY: Authority: 42 U.S.C. 7401 et seq. Subpart NN—Pennsylvania 2. Section 52.2055 is added to read as follows: ■ § 52.2055 Control strategy: Lead. (a) Determination of attainment. EPA has determined, as of December 29, 2014, based on quality-assured ambient air quality data for 2011 to 2013, that the Lyons, PA nonattainment area has attained the 2008 Pb NAAQS. This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 2008 Pb NAAQS. If EPA determines, after notice-andcomment rulemaking, that this area no longer meets the 2008 Pb NAAQS, the corresponding determination of attainment for that area shall be withdrawn. (b) [Reserved] [FR Doc. 2014–30174 Filed 12–24–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 Regulation of Fuels and Fuel Additives mstockstill on DSK4VPTVN1PROD with RULES CFR Correction In Title 40 of the Code of Federal Regulations, Parts 72 to 80, revised as of July 1, 2014, on page 711, in § 80.75, remove the first introductory paragraph, including the bold text at the end of the paragraph: ‘‘Reporting requirements’’. [FR Doc. 2014–30464 Filed 12–24–14; 8:45 am] BILLING CODE 1505–01–D VerDate Sep<11>2014 18:05 Dec 24, 2014 Jkt 235001 [WT Docket Nos. 08–166; 08–167; ET Docket No. 10–24; FCC 14–62] In this document, the Commission announces that the Office of Management and Budget (OMB) approved on December 5, 2014, for a period for three years, a revision to an information collection for the FCC Application for Radio Service Authorization for the Wireless Telecommunications Bureau and the Public Safety and Homeland Security Bureau, FCC Form 601. With this document, the Commission is announcing OMB approval and the effective date of the revised requirements for FCC Form 601. DATES: FCC Form 601 was approved by OMB on December 5, 2014 and is effective on December 29, 2014. FOR FURTHER INFORMATION CONTACT: For additional information contact Cathy Williams, Cathy.Williams@fcc.gov, (202) 418–2918. SUPPLEMENTARY INFORMATION: This document announces that, on December 5, 2014, OMB approved the revised information collection requirements for FCC Application for Radio Service Authorization for the Wireless Telecommunications Bureau and the Public Safety and Homeland Security Bureau FCC Form 601 published at 79 FR 40680 on July 14, 2014. The OMB Control Number is 3060–0798. The Commission publishes this document as an announcement of the effective date of the requirements. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1– C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060–0798, in your correspondence. The Commission will also accept your comments via the Internet if you send them to PRA@ fcc.gov. To request materials in accessible formats for people with disabilities SUMMARY: PO 00000 Frm 00083 Fmt 4700 Sfmt 4700 77915 (Braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received OMB approval on December 5, 2014, for the revised information collection requirements contained in the information collection 3060–0798. Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060–0798. The foregoing document is required by the Paperwork Reduction Act of 1995, Pub. L. 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–0798. OMB Approval Date: December 5, 2014. OMB Expiration Date: December 31, 2017. Title: FCC Application for Radio Service Authorization Wireless Telecommunications Bureau; Public Safety and Homeland Security Bureau. Form No.: FCC Form 601. Respondents: Individuals and households; Business or other for-profit; not-for-profit institutions; and state, local or tribal government. Number of Respondents and Responses: 253,320 respondents and 253,320 responses. Estimated Time per Response: 0.5– 1.25 hours. Frequency of Response: On occasion reporting requirement, recordkeeping requirement, every ten year reporting requirement and third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in 47 U.S.C. 151, 152, 154, 154(i), 155(c), 157, 201, 202, 208, 214, 301, 302a, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 331, 332, 333, 336, 534, 535 and 554. Total Annual Burden: 221,955 hours. Total Annual Cost: $71,306,250. Privacy Act Impact Assessment: Yes. Nature and Extent of Confidentiality: In general there is no need for confidentiality with this collection of information. E:\FR\FM\29DER1.SGM 29DER1

Agencies

[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77911-77915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30174]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0409; FRL-9920-68-Region-3]


Approval and Promulgation of Air Quality Implementation Plan; 
Pennsylvania; Determination of Attainment for the 2008 Lead National 
Ambient Air Quality Standard for the Lyons Nonattainment Area

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to determine that the Lyons, Pennsylvania nonattainment area 
(hereafter referred to as the ``Lyons Area'' or ``Area'') has attained 
the 2008 lead (Pb) national ambient air quality standard (NAAQS). On 
March 31, 2014, the Commonwealth of Pennsylvania, through the 
Pennsylvania Department of Environmental Protection, submitted a 
request to EPA to make a determination that the Lyons Area has attained 
the 2008 Pb NAAQS. This determination of attainment is based upon 
certified, quality-assured, and quality-controlled ambient air 
monitoring data from 2011-2013 which shows that the Area has monitored 
attainment for the 2008 Pb NAAQS. Additionally, as a result of this 
determination, EPA is taking final action to suspend the requirements 
for the Area to submit an attainment demonstration, together with 
reasonably available control measures (RACM), a reasonable further 
progress (RFP) plan, and contingency measures for failure to meet RFP 
or attainment deadlines for so long as the Area continues to attain the 
2008 Pb NAAQS. This determination does not constitute a redesignation 
to attainment. The Lyons Area will remain designated nonattainment for 
the 2008 Pb NAAQS until such time as EPA determines that the Lyons Area 
meets the Clean Air Act (CAA) requirements for redesignation to 
attainment, including an approved maintenance plan. These actions are 
being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on January 28, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0409. All documents in the docket are listed in 
the www.regulations.gov. Although listed in the electronic docket, some 
information is not publicly available, i.e., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy for public 
inspection during normal business hours at the Air Protection Division, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by 
email at schmitt.ellen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 7, 2014 (79 FR 46211), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the August 7, 
2014 NPR, EPA proposed to make a clean data determination, finding that 
the Lyons Area has attained the 2008 Pb NAAQS, based on certified, 
quality-assured, and quality-controlled ambient air monitoring data 
from 2011-2013. The Lyons Area is located in Berks County, Pennsylvania 
and bounded by Kutztown Borough, Lyons Borough, Maxatawny Township, and 
Richmond Township. See 40 CFR 81.339.

II. Summary of Rulemaking Action

    EPA is taking final action to determine that the Lyons Area has 
attaining data for the 2008 Pb NAAQS. This determination of attainment 
is based upon certified, quality-assured, and quality-controlled air 
monitoring data that shows the Area has monitored attainment of the 
2008 Pb NAAQS based on 2011-2013 data.
    Other specific requirements of the determination of attainment and 
the rationale for EPA's action are explained in the NPR published on 
August 7, 2014 (79 FR 46211) as well as in the Technical Support 
Document (TSD) that accompanied the NPR, and will not be restated here. 
The TSD is available in the docket for this rulemaking action at 
www.regulations.gov.

III. Effect of This Action

    This final action suspends the requirements for the Lyons Area to

[[Page 77912]]

submit an attainment demonstration, associated RACM, RFP plan, and 
contingency measures for failure to meet RFP or attainment deadlines so 
long as this Area continues to meet the 2008 Pb NAAQS. Finalizing this 
action does not constitute a redesignation of the Lyons Area to 
attainment for the 2008 Pb NAAQS under section 107(d)(3) of the CAA. 
Further, finalizing this action does not involve approving a 
maintenance plan for the Area as required under section 175A of the 
CAA, nor does it involve a determination that the Area has met all 
requirements for a redesignation.

IV. Public Comments and EPA's Responses

    EPA received comments from the East Penn Manufacturing Company, 
Inc. (hereafter referred to as ``commenter'') regarding the August 7, 
2014 NPR proposing a determination of attainment for the Lyons Area for 
the 2008 Pb NAAQS. A full set of these comments is provided in the 
docket for today's final rulemaking action.
    Comment: The commenter states it is supportive of EPA's proposed 
determination of attainment of the Lyons Area because such a 
determination is an affirmation of ``historical and on-going policies 
and practices regarding compliance with air quality standards and 
minimization of lead emissions'' from its manufacturing campus in the 
Lyons Area. The commenter states that it believes that the 
nonattainment plan provision requirements of section 172(c) of the CAA, 
including the emission inventory provisions of section 172(c)(3), will 
be suspended for as long as the Lyons Area continues to attain the 2008 
Pb NAAQS upon EPA's finalization of the determination of attainment for 
the Lyons Area. The commenter refers to a September 4, 1992 EPA 
memorandum \1\ and a May 10, 1995 EPA memorandum,\2\ in support of its 
position that the nonattainment plan provision requirements of section 
172(c), including the emission inventory provisions of section 
172(c)(3), should be suspended when EPA finalizes the determination of 
attainment for the Lyons Area. The commenter states it understands the 
nonattainment plan provisions of section 172(c), including emission 
inventory provision requirements in section 172(c)(3), are suspended 
because development and inclusion of such information in a state 
implementation plan (SIP) only has meaning for areas not attaining the 
2008 Pb NAAQS in accordance with both the Calcagni Memorandum and the 
Seitz Memorandum.
---------------------------------------------------------------------------

    \1\ Procedures for Processing Requests to Redesignate Areas to 
Attainment, EPA Memorandum from John Calcagni, Director, Air Quality 
Management Division, Office of Air Quality Planning Standards, 
September 4, 1992 (Calcagni Memorandum), located at http://www.epa.gov/ttn/oarpg/t5/memoranda/redesignmem090492.pdf. The 
commenter referred to this Memorandum as the ``September 4, 1994 
Calcagni memorandum.'' EPA believes the inaccurate year was an 
inadvertent error as the September 4, 1992 Calcagni Memorandum 
addressed requirements for attainment plans necessary when an area 
has attained a NAAQS and seeks redesignation.
    \2\ Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard (Seitz Memorandum), EPA 
Memorandum from John S. Seitz, Director, Office of Air Quality 
Planning Standards, May 10, 1995, located at http://www.epa.gov/ttn/caaa/t1/memoranda/clean15.pdf.
---------------------------------------------------------------------------

    The commenter asserts that ``such information'' will not have 
meaning upon final promulgation of the Lyons Area determination of 
attainment because the Lyons Area will be understood to have attained 
the NAAQS. For further support, the commenter cites to language from 
the Seitz Memorandum (which also references the Calcagni Memorandum and 
57 FR 13498 (April 16, 1992)) \3\ which says that ``no other measures 
to provide for attainment would be needed by areas seeking 
redesignation to attainment since `attainment will have been reached.' 
'' The commenter requests that EPA acknowledge that upon final 
promulgation of the Lyons Area determination of attainment, all 
additional information requirements under section 172(c), including the 
emission inventory provisions, will be considered suspended as long as 
the Lyons Area continues to demonstrate attainment with the 2008 Pb 
NAAQS.
---------------------------------------------------------------------------

    \3\ 57 FR 13498 was promulgated after the CAA Amendments in 1990 
as EPA's ``General Preamble'' which principally described EPA's 
preliminary views on how EPA should interpret various provisions of 
Title I, primarily those concerning SIP revisions required for 
nonattainment areas. Although the General Preamble includes various 
statements that states must take certain actions, EPA specifically 
stated in the Federal Register notice that the statements in the 
General Preamble are made pursuant to EPA's preliminary 
interpretations, and thus do not bind the states and the public as a 
matter of law. EPA stated that the General Preamble was an advance 
notice of how EPA generally intends, in subsequent rulemakings, to 
take action on SIP submissions and to interpret various Title I 
provisions. EPA notes the commenter inadvertently cites the General 
Preamble as 57 FR 13564 and not 57 FR 13498.
---------------------------------------------------------------------------

    Response: EPA disagrees with the commenter's asserted position that 
upon final promulgation of the Lyons Area determination of attainment, 
all informational or planning requirements under section 172(c), 
including the emission inventory provisions, are considered suspended 
as long as the Lyons Area continues to demonstrate attainment with the 
2008 Pb NAAQS.
    Following enactment of the CAA Amendments of 1990, EPA promulgated 
its interpretation of the requirements for implementing the NAAQS in 
the general preamble for the implementation of Title I of the CAA 
Amendments of 1990 (General Preamble). See 57 FR 13498, 13564 (April 
16, 1992). In 1995, based on the interpretation of CAA sections 171, 
172, and 182 in the General Preamble, EPA set forth what has become 
known as its ``Clean Data Policy'' for the 1-hour ozone NAAQS. See 
Seitz Memorandum. The Seitz Memorandum provided that requirements to 
submit SIP revisions addressing RFP, an attainment demonstration, and 
other related requirements such as contingency measures and other 
specific ozone-related requirements in section 182 not relevant here, 
would be suspended for as long as the nonattainment area continued to 
monitor attainment of the NAAQS.\4\ The Seitz Memorandum did not state 
the emissions inventory requirement in section 172(c)(3) was suspended 
when an area attains the NAAQS.
---------------------------------------------------------------------------

    \4\ EPA notes that the Seitz Memorandum specifically states that 
the Memorandum addresses whether areas attaining the NAAQS must 
submit SIP revisions concerning RFP and attainment demonstrations 
and related requirements such as contingency measures, 
transportation control measures, and section 182(g) milestones. The 
Seitz Memorandum does not explicitly or implicitly state that 
requirements to submit emission inventories in section 172(c)(3) are 
suspended.
---------------------------------------------------------------------------

    Prior to the Seitz Memorandum, the Calcagni Memorandum in 1992 
addressed prerequisites for redesignation of nonattainment areas to 
attainment. The Calcagni Memorandum indicated certain requirements from 
section 172(c) including RFP, identification of certain emissions 
increases, and other measures needed for attainment would not apply for 
redesignations because they only have meaning for areas not attaining 
the NAAQS. The Calcagni Memorandum specifically stated that the 
requirements for an emission inventory in section 172(c) would be 
satisfied by the emission inventory requirements in section 175A for 
maintenance plans which must be submitted with redesignation requests 
under section 107(d). Thus, the Calcagni Memorandum, like the Seitz 
Memorandum, specifically did not state that emission inventory 
requirements in section 172(c)(3) were not required for areas which had 
attained the NAAQS, but which were still designated nonattainment as 
the Lyons Area is. Rather, according to the Calcagni

[[Page 77913]]

Memorandum, the emission inventory requirement in section 172(c)(3) for 
nonattainment areas is required but can be satisfied by the requirement 
to submit an emission inventory for purposes of section 175A 
maintenance plans.
    Likewise, EPA's General Preamble for title I of the CAA in 57 FR 
13498 also discussed SIP submission requirements that are not 
applicable for purposes of redesignations of areas to attainment (in 
section 107(d)), such as RFP and contingency measures, where the areas 
in question have already attained the NAAQS. The General Preamble 
stated that for areas already attaining the NAAQS, such additional 
measures in section 172(c) that are designed to bring about attainment 
are not needed, and any additional measures to ensure that maintenance 
of the NAAQS continues would be addressed under the requirements for 
maintenance plans in section 175A. See 57 FR 13564 (stating requirement 
for RFP would have no meaning once an area attained). However, like the 
Calcagni Memorandum, the General Preamble also stated that the emission 
inventory requirement of section 172(c)(3) would be satisfied during 
consideration of redesignation requests by the inventory requirements 
of the maintenance plan. Id. Thus, for redesignations, states can 
satisfy the inventory requirement in section 172(c)(3) by meeting the 
section 175A maintenance plan requirement to submit a base-year 
emission inventory.
    Of more relevance, in 2004, EPA indicated its intention to extend 
the Clean Data Policy (from the Seitz Memorandum) to the fine 
particulate matter (PM2.5) NAAQS.\5\ EPA's 2007 
implementation rule for the 1997 PM2.5 NAAQS (the 2007 
PM2.5 Implementation Rule) specifically extended the Clean 
Data Policy to the 1997 PM2.5 NAAQS providing that, when EPA 
makes a determination that an area designated nonattainment has 
attained the PM2.5 NAAQS, certain requirements of section 
172(c) for SIP revisions shall be suspended, including requirements to 
submit an attainment demonstration, RFP, RACM, contingency measures and 
other planning SIPs related to attainment of the NAAQS.\6\ See 40 CFR 
51.1004(c). EPA's Clean Data Policy represents the Agency's long-held 
interpretation that certain requirements of subpart 1 of part D of the 
CAA are, by EPA's terms, not applicable to areas that have attained the 
NAAQS before the applicable attainment date.\7\
---------------------------------------------------------------------------

    \5\ Clean Data Policy for the Fine Particle National Ambient Air 
Quality Standards, EPA Memorandum from Steve Page, Director, EPA 
Office of Air Quality Planning Standards, December 14, 2004, located 
at http://www.epa.gov/airquality/urbanair/sipstatus/docs/pm25_clean_data_policy_14dec2004.pdf.
    \6\ Although the D.C. Circuit remanded the 2007 PM2.5 
Implementation Rule to EPA on January 4, 2013, the decision did not 
cast doubt on EPA's interpretation of statutory provisions, 
including EPA's Clean Data Policy interpretation. See Natural 
Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013) 
(remanding the 2007 PM2.5 Implementation Rule due to 
concerns regarding requirements for subpart 4 of part D of Title I 
of the CAA).
    \7\ This discussion refers to subpart 1 of part D of the CAA as 
this subpart contains the general and substantive attainment-related 
requirements for all NAAQS. Subpart 5 establishes additional 
requirements for the lead NAAQS, including the applicable attainment 
date and the deadline for states to submit a plan to meet the 
substantive attainment-related requirements of subpart 1.
---------------------------------------------------------------------------

    Specifically, a determination of attainment indicates that the area 
has attained the NAAQS and therefore the purpose of the RFP requirement 
(for the nonattainment area to make progress towards attainment) will 
have been fulfilled. Therefore, the area does not have to address RFP, 
as long as it continues to monitor attainment. In addition, the goal of 
the attainment demonstration required by section 172(c) is to show how 
the area will be brought back into attainment and a clean data 
determination indicates that the area is in attainment.\8\ Thus, EPA 
has determined that an attainment demonstration is unnecessary as 
attainment will have been reached. Finally, the contingency measures 
SIP requirement in section 172(c)(9) is linked with both the attainment 
demonstration and RFP requirements, and similar reasoning applies for 
the suspension of contingency measures requirement upon a determination 
of attainment. Section 172(c)(9) provides that SIPs in nonattainment 
areas shall provide for the implementation of contingency measures to 
be undertaken if the area fails to make reasonable further progress or 
fails to attain the NAAQS. This contingency measure requirement is 
inextricably tied to the reasonable further progress and attainment 
demonstration requirements. Where an area has already achieved 
attainment, it has no need to rely on contingency measures to make 
further progress to attainment. Thus, the contingency measure 
requirement no longer applies when an area has attained the standard.
---------------------------------------------------------------------------

    \8\ Likewise, EPA's Clean Data Policy suspends the requirement 
for RACM in SIP submissions for section 172(c) upon a determination 
of attainment because the intent of RACM in section 172(c)(1) is to 
enable an area to attain the NAAQS. RACM would not be needed as an 
``additional measure'' if an area has attained the NAAQS.
---------------------------------------------------------------------------

    EPA's Clean Data Policy has been reviewed and consistently upheld 
by a number of courts. U.S. Courts of Appeals for the Tenth, Seventh, 
and Ninth Circuits have all upheld EPA rulemakings applying the Clean 
Data Policy suspending requirements for RFP, attainment demonstrations, 
RACM and contingency measures. See Sierra Club v. EPA, 99 F.3d 1551 
(10th Cir. 1996); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004); Our 
Children's Earth Foundation v. EPA, No. 04-73032 (9th Cir. June 28, 
2005 (Memorandum Opinion)); and Latino Issues Forum v. EPA, Nos. 06-
75831 and 08-71238 (9th Cir. March 2, 2009 (Memorandum Opinion)). 
Notably, in each of those EPA actions upheld by the courts, EPA 
suspended the planning requirements listed above but did not suspend 
the requirement that the state submit an emissions inventory. A listing 
of these rulemakings was provided in the NPR for this action and will 
not be restated here. See 79 FR 46211.
    In alignment with the policies outlined in the Seitz Memorandum for 
ozone and the 2007 PM2.5 Implementation Rule mentioned 
above,\9\ EPA employs the same rationale when it approves the 
suspension of certain requirements for nonattainment areas for the 2008 
Pb NAAQS.\10\ EPA has applied its interpretation of what SIP provisions 
are impacted under a determination of attainment for a nonattainment 
area for the 2008 Pb NAAQS in previous final determinations of 
attainment rulemaking actions for 2008 Pb NAAQS nonattainment areas. 
See 77 FR 52232 (August 29, 2012) and 78 FR 66280 (November 5, 2013).
---------------------------------------------------------------------------

    \9\ See 72 FR 20586 (April 25, 2007) (2007 PM2.5 
Implementation Rule). See also 70 FR 71612 (November 29, 2005) 
(Final Rule To Implement the 8-Hour Ozone National Ambient Air 
Quality Standard--Phase 2 which included and extended the Clean Data 
Policy for ozone to the 1997 ozone NAAQS).
    \10\ Each of the above interpretations apply only as long as a 
nonattainment area continues to monitor attainment of the standard. 
If EPA determines that the Lyons Area has violated the 2008 Pb 
NAAQS, the area would again be required to submit the pertinent SIP 
sections in section 172(c) including requirements for RFP, RACM, and 
contingency measures.
---------------------------------------------------------------------------

    In the August 7, 2014 NPR, EPA expressly stated that if we 
finalized the determination of attainment for the Lyons Area, the 
requirements for Pennsylvania to submit for the Area an attainment 
demonstration, associated RACM, a RFP plan, contingency measures, and 
other planning requirements related to attainment of the standard would 
be suspended for so long as the Lyons Area continues to attain the 2008 
Pb NAAQS.
    The commenter wrongly interprets this language to mean that upon

[[Page 77914]]

finalization of the determination of attainment for the Lyons Area, all 
of the nonattainment plan provisions that fall under paragraph 172(c), 
including the emission inventory provisions of section 172(c)(3), will 
be suspended for so long as the Lyons Area continues to attain the 2008 
Pb NAAQS.
    Section 172(c) includes a list of requirements for SIP revisions 
for areas that are designated as nonattainment for a NAAQS. As 
discussed earlier, EPA has long interpreted some of the planning 
provisions that directly relate to measures aimed to achieve attainment 
of a NAAQS, such as RFP, RACM, and contingency measures, to no longer 
apply when an area is monitoring attainment of the standard. However, 
EPA believes a number of section 172(c) SIP revision requirements 
continue to apply and must be met even after EPA determines that a 
nonattainment area has attained a NAAQS. The provision requiring a 
nonattainment area to submit an emissions inventory is one such 
obligation that cannot be suspended simply because the area has 
monitored attainment. The requirement in section 172(c)(5) for a 
nonattainment new source review permit program in accordance with 
section 173 is another requirement not suspended by a determination of 
attainment. As stated in the NPR and TSD for this action, a finalized 
determination of attainment does not undo the original designation of 
the area as nonattainment, nor does it redesignate the area to 
attainment. While the commenter cites the Seitz Memorandum, General 
Preamble, and Calcagni Memorandum in support of its position, those 
documents in fact support EPA's interpretation that the emission 
inventory requirement in section 172(c)(3) remains as a required SIP 
provision after a determination of attainment. As discussed earlier, 
the Calcagni Memorandum and General Preamble maintain that the emission 
inventory requirement in section 172(c)(3) continues to apply to areas 
that are attaining the NAAQS, and only provide that for purposes of 
redesignation under 107(d)(3)(E), the requirement can be satisfied by 
an emission inventory submitted pursuant to the maintenance plan 
required by section 175A.
    Thus, EPA disagrees with the commenter that all nonattainment plan 
provision requirements located in section 172(c), including 
``informational'' requirements such as the section 172(c)(3) emissions 
inventory provision, are suspended after a determination of attainment 
is made for the nonattainment area.

V. EPA's Final Action

    EPA is taking final action to determine that the Lyons Area is 
attaining the 2008 lead NAAQS. This determination of attainment is 
based upon certified, quality-assured, and quality-controlled air 
monitoring data showing that this Area has monitored attainment of the 
2008 Pb NAAQS during the period 2011-2013. This final action suspends 
the requirements for this Area to submit an attainment demonstration, 
associated RACM, RFP plans, and contingency measures for failure to 
meet RFP or attainment deadlines so long as this Area continues to meet 
the 2008 Pb NAAQS. EPA is taking this final action because it is in 
accordance with the CAA and EPA policy and guidance.

VI. Statutory and Executive Order Reviews

A. General Requirements

    This action, which makes a determination of attainment based on air 
quality, will result in the suspension of certain Federal requirements 
and/or will not impose any 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 (Public Law 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 rulemaking action 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 February 27, 2015. 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 rulemaking action, determining that the Lyons Area has 
attained the 2008 Pb 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, Lead, Reporting and recordkeeping requirements.


[[Page 77915]]


    Dated: December 11, 2014.
William 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. Section 52.2055 is added to read as follows:


Sec.  52.2055  Control strategy: Lead.

    (a) Determination of attainment. EPA has determined, as of December 
29, 2014, based on quality-assured ambient air quality data for 2011 to 
2013, that the Lyons, PA nonattainment area has attained the 2008 Pb 
NAAQS. This determination suspends the requirements for this area to 
submit an attainment demonstration, associated reasonably available 
control measures, a reasonable further progress plan, contingency 
measures, and other planning SIPs related to attainment of the standard 
for as long as this area continues to meet the 2008 Pb NAAQS. If EPA 
determines, after notice-and-comment rulemaking, that this area no 
longer meets the 2008 Pb NAAQS, the corresponding determination of 
attainment for that area shall be withdrawn.
    (b) [Reserved]
[FR Doc. 2014-30174 Filed 12-24-14; 8:45 am]
BILLING CODE 6560-50-P