Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Reading, Pennsylvania Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard, and 2007 Base Year Inventory, 11580-11583 [2015-04391]
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EPA-APPROVED MISSOURI REGULATIONS—Continued
Missouri citation
State effective
date
Title
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EPA approval date
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Explanation
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
10 CSR 10–6.010 .........
Ambient Air Quality
Standards.
7/30/14
10 CSR 10–6.020 .........
Definitions and Common Reference Tables.
3/30/14
3/4/15 and [Insert Federal Register citation].
3/4/15 and [Insert Federal Register citation].
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10 CSR 10–6.040 .........
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Reference Methods ......
11/30/14
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3/4/15 and [Insert Federal Register citation].
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PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
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Missouri
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Subpart AA—Missouri
(cc) The Missouri Department of Natural
Resources submitted revisions to Missouri
rule 10 CSR 10–6.020, ‘‘Definitions and
Common Reference Tables’’ on March 27,
2014. The state effective date is March 30,
2014. This revision is effective May 4, 2015.
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3. The authority citation for part 62
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
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4. Section 62.6350 is amended by
adding paragraph (b)(6) to read as
follows:
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(6) A revision to Missouri’s 111(d)
plan to incorporate state regulation 10
CSR 10–6.020 Definitions and Common
Reference Tables was state effective
March 30, 2014. The effective date of
the amended plan is May 4, 2015.
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PART 70—STATE OPERATING PERMIT
PROGRAMS
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ENVIRONMENTAL PROTECTION
AGENCY
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5. The authority citation for part 70
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
6. Appendix A to part 70 is amended
by adding paragraph (cc) under
Missouri to read as follows:
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BILLING CODE 6560–50–P
Identification of plan.
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[FR Doc. 2015–04400 Filed 3–3–15; 8:45 am]
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§ 62.6350
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40 CFR Parts 52 and 81
[EPA–R03–OAR–2014–0147; FRL–9923–78–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation Request
and Associated Maintenance Plan for
the Reading, Pennsylvania
Nonattainment Area for the 1997
Annual Fine Particulate Matter
Standard, and 2007 Base Year
Inventory
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the
Commonwealth of Pennsylvania’s
SUMMARY:
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Many of the definitions pertain to Title V, 111(d)
and asbestos programs and are approved in
the SIP because they provide overall consistency in the use of terms in the air program.
Similarly, the EPA has also approved this rule
as part of the Title V program, and 111(d)
even though many of the definitions pertain
only to the SIP.
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Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
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Hydrogen Sulfide and Sulfuric Acid state standards are not SIP approved.
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request to redesignate to attainment the
Reading, Pennsylvania Nonattainment
Area (Reading Area or Area) for the
1997 annual fine particulate matter
(PM2.5) national ambient air quality
standard (NAAQS). EPA has determined
that the Reading Area attained the
standard and that it continues to attain
the standard. In addition, EPA is
approving, as a revision to the
Pennsylvania State Implementation Plan
(SIP), the Reading Area maintenance
plan to show maintenance of the 1997
annual PM2.5 NAAQS through 2025 for
the Area. The maintenance plan
includes the 2017 and 2025 PM2.5 and
nitrogen oxides (NOX) mobile vehicle
emissions budgets (MVEBs) for the
Reading Area for the 1997 annual PM2.5
NAAQS, which EPA is approving and
finding adequate for transportation
conformity purposes. EPA is also
approving the comprehensive emissions
inventory for the 1997 annual PM2.5
NAAQS for the Reading Area. These
actions are being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on
March 4, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2014–0147. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
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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.
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:
Marilyn Powers at (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
On November 25, 2013, the
Commonwealth of Pennsylvania,
through the Pennsylvania Department of
Environmental Protection (PADEP),
formally submitted a request to
redesignate the Reading Area from
nonattainment to attainment for the
1997 annual PM2.5 NAAQS.
Concurrently, PADEP submitted a
maintenance plan for the Area as a SIP
revision to ensure continued attainment
throughout the Area over the next 10
years. The maintenance plan includes
the 2017 and 2025 PM2.5 and NOX
MVEBs for the Area for the 1997 annual
PM2.5 NAAQS, which EPA is approving
for transportation conformity purposes.
PADEP also submitted a 2007
comprehensive emissions inventory for
the 1997 annual PM2.5 NAAQS for
PM2.5, NOX, sulfur dioxide (SO2),
volatile organic compounds (VOC), and
ammonia (NH3).
On December 22, 2014 (79 FR 76251),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. In the
NPR, EPA proposed approval of
Pennsylvania’s November 25, 2013
request to redesignate the Reading Area
to attainment for the 1997 annual PM2.5
NAAQS, including the associated
maintenance plan for the Reading Area,
the 2017 and 2025 PM2.5 and NOX
MVEBs, which EPA proposed to
approve and find adequate for purposes
of transportation conformity, and the
2007 emissions inventory to meet the
emissions inventory requirement of
section 172(c)(3) of the CAA.
The details of Pennsylvania’s
submittal and the rationale for EPA’s
proposed actions are explained in the
NPR and will not be restated here. No
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public comments were received on the
NPR.
II. Final Action
EPA is taking final actions on the
redesignation request and SIP revision
submitted by the Commonwealth of
Pennsylvania on November 25, 2013 for
the Reading Area for the 1997 annual
PM2.5 NAAQS. EPA is approving
Pennsylvania’s redesignation request for
the 1997 annual PM2.5 NAAQS, because
EPA has determined that the request
meets the redesignation criteria set forth
in section 107(d)(3)(E) of the CAA for
this standard. EPA finds that the
monitoring data demonstrates that the
Area has attained the 1997 PM2.5
NAAQS, and continues to attain the
NAAQS. EPA is also approving the
associated maintenance plan for the
Reading Area as a revision to the
Pennsylvania SIP for the 1997 annual
PM2.5 NAAQS because it meets the
requirements of section 175A of the
CAA. EPA is also approving and finding
adequate the 2017 and 2025 PM2.5 and
NOX MVEBs submitted by Pennsylvania
for the Reading Area for transportation
conformity purposes. Finally, EPA is
approving the 2007 emissions inventory
to meet section 172(c)(3) of the CAA.
Approval of this redesignation request
will change the official designation of
the Reading Area from nonattainment to
attainment for the 1997 annual PM2.5
NAAQS.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for this
action to become effective immediately
upon publication. A delayed effective
date is unnecessary due to the nature of
a redesignation to attainment, which
eliminates CAA obligations that would
otherwise apply. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves the
Commonwealth of Pennsylvania of the
obligation to comply with
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nonattainment-related planning
requirements for the Area pursuant to
Part D of the CAA and approves certain
emissions inventories and MVEBs for
the Area. For these reasons, EPA finds
good cause under 5 U.S.C. 553(d) for
this action to become effective on the
date of publication of this notice.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of the
maintenance plan under CAA section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
required by state law. A redesignation to
attainment does not in and of itself
impose any new requirements, but
rather results in the application of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act 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);
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• 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 May 4, 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 action, approving the
redesignation request and maintenance
plan, and comprehensive emissions
inventory for the Reading Area for the
1997 annual PM2.5 NAAQS may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
3. Section 52.2036 is amended by
adding paragraph (s) to read as follows:
inventory includes emissions estimates
that cover the general source categories
of point, area, nonroad, and onroad
sources. The pollutants that comprise
the inventory are PM2.5, nitrogen oxides
(NOX), volatile organic compounds
(VOCs), ammonia (NH3), and sulfur
dioxide (SO2).
■ 4. Section 52.2059 is amended by
adding paragraph (n) to read as follows:
Base year emissions inventory.
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40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding an entry for
1997 Annual PM2.5 Maintenance Plan
and 2007 Base Year Emissions Inventory
at the end of the table. The added text
reads as follows:
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Reading Area (Berks
County).
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(s) EPA approves as revisions to the
Pennsylvania State Implementation Plan
the 2007 base year emissions inventory
for the Reading 1997 annual fine
particulate matter (PM2.5) nonattainment
area submitted by the Pennsylvania
Department of Environmental Protection
on November 25, 2014. The emissions
Dated: February 9, 2015.
William C. Early,
Acting Regional Administrator,Region III.
40 CFR part 52
Environmental protection, Air
pollution control, Incorporation by
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1997 Annual PM2.5 Maintenance Plan and
2007 Base Year Emissions Inventory.
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Air pollution control, National parks,
Wilderness areas.
§ 52.2020
Applicable geographic
area
§ 52.2036
40 CFR part 81
List of Subjects
Name of non-regulatory SIP revision
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reference, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
State submittal
date
Control strategy: Particular
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(e) * * *
(1) * * *
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EPA approval date
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11/25/14 3/4/15 [Insert Federal
Register citation].
§ 52.2059
matter.
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Identification of plan.
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Additional explanation
*
See § 52.2036(s) and
§ 52.2059(n).
(n) EPA approves the maintenance
plan for the Reading nonattainment area
for the 1997 annual PM2.5 NAAQS
submitted by the Commonwealth of
Pennsylvania on November 25, 2014.
The maintenance plan includes the
2017 and 2025 PM2.5 and NOX mobile
vehicle emissions budgets (MVEBs) for
Berks County to be applied to all future
transportation conformity
determinations and analyses for the
Reading nonattainment area for the 1997
annual PM2.5 NAAQS.
READING AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS IN TONS PER YEAR
Type of control strategy SIP
Year
Maintenance Plan ....................................................................
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PM2.5
2017
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Effective date of
SIP approval
NOX
200
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READING AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS IN TONS PER YEAR—
Continued
Type of control strategy SIP
Year
PM2.5
2025
146
Authority: 42 U.S.C. 7401 et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
2. Section 81.339 is amended by
revising the 1997 Annual PM2.5 NAAQS
table entry for the Reading Area to read
as follows:
1. The authority citation for Part 81
continues to read as follows:
3,719
§ 81.339
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Effective date of
SIP approval
NOX
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3/4/15
Pennsylvania.
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PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated Area
Date 1
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Reading, PA:
Berks County ...........................................................................
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Type
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March 4, 2015 ..
Date 2
Type
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Attainment.
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a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
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Unit I.C. of the SUPPLEMENTARY
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INFORMATION).
[FR Doc. 2015–04391 Filed 3–3–15; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 180
[EPA–HQ–OPP–2014–0110; FRL–9921–85]
Metaldehyde; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of metaldehyde
in or on multiple commodities which
are identified and discussed later in this
document. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA). This
regulation additionally removes the
established tolerances in or on fruit,
citrus group 10 and tomato as the
tolerances will be superseded by
tolerances established by this action.
DATES: This regulation is effective
March 4, 2015. Objections and requests
for hearings must be received on or
before May 4, 2015, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
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SUMMARY:
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23:09 Mar 03, 2015
A. Does this action apply to me?
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0110 is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
FOR FURTHER INFORMATION CONTACT:
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/
text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
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I. General Information
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
Notices@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
B. How can I get electronic access to
other related information?
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
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]]>Agencies
[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11580-11583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04391]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2014-0147; FRL-9923-78-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation Request and Associated Maintenance Plan for
the Reading, Pennsylvania Nonattainment Area for the 1997 Annual Fine
Particulate Matter Standard, and 2007 Base Year Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
Commonwealth of Pennsylvania's request to redesignate to attainment the
Reading, Pennsylvania Nonattainment Area (Reading Area or Area) for the
1997 annual fine particulate matter (PM2.5) national ambient
air quality standard (NAAQS). EPA has determined that the Reading Area
attained the standard and that it continues to attain the standard. In
addition, EPA is approving, as a revision to the Pennsylvania State
Implementation Plan (SIP), the Reading Area maintenance plan to show
maintenance of the 1997 annual PM2.5 NAAQS through 2025 for
the Area. The maintenance plan includes the 2017 and 2025
PM2.5 and nitrogen oxides (NOX) mobile vehicle
emissions budgets (MVEBs) for the Reading Area for the 1997 annual
PM2.5 NAAQS, which EPA is approving and finding adequate for
transportation conformity purposes. EPA is also approving the
comprehensive emissions inventory for the 1997 annual PM2.5
NAAQS for the Reading Area. These actions are being taken under the
Clean Air Act (CAA).
DATES: This final rule is effective on March 4, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0147. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as
[[Page 11581]]
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. 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: Marilyn Powers at (215) 814-2308, or
by email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 25, 2013, the Commonwealth of Pennsylvania, through the
Pennsylvania Department of Environmental Protection (PADEP), formally
submitted a request to redesignate the Reading Area from nonattainment
to attainment for the 1997 annual PM2.5 NAAQS. Concurrently,
PADEP submitted a maintenance plan for the Area as a SIP revision to
ensure continued attainment throughout the Area over the next 10 years.
The maintenance plan includes the 2017 and 2025 PM2.5 and
NOX MVEBs for the Area for the 1997 annual PM2.5
NAAQS, which EPA is approving for transportation conformity purposes.
PADEP also submitted a 2007 comprehensive emissions inventory for the
1997 annual PM2.5 NAAQS for PM2.5,
NOX, sulfur dioxide (SO2), volatile organic
compounds (VOC), and ammonia (NH3).
On December 22, 2014 (79 FR 76251), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the
NPR, EPA proposed approval of Pennsylvania's November 25, 2013 request
to redesignate the Reading Area to attainment for the 1997 annual
PM2.5 NAAQS, including the associated maintenance plan for
the Reading Area, the 2017 and 2025 PM2.5 and NOX
MVEBs, which EPA proposed to approve and find adequate for purposes of
transportation conformity, and the 2007 emissions inventory to meet the
emissions inventory requirement of section 172(c)(3) of the CAA.
The details of Pennsylvania's submittal and the rationale for EPA's
proposed actions are explained in the NPR and will not be restated
here. No public comments were received on the NPR.
II. Final Action
EPA is taking final actions on the redesignation request and SIP
revision submitted by the Commonwealth of Pennsylvania on November 25,
2013 for the Reading Area for the 1997 annual PM2.5 NAAQS.
EPA is approving Pennsylvania's redesignation request for the 1997
annual PM2.5 NAAQS, because EPA has determined that the
request meets the redesignation criteria set forth in section
107(d)(3)(E) of the CAA for this standard. EPA finds that the
monitoring data demonstrates that the Area has attained the 1997
PM2.5 NAAQS, and continues to attain the NAAQS. EPA is also
approving the associated maintenance plan for the Reading Area as a
revision to the Pennsylvania SIP for the 1997 annual PM2.5
NAAQS because it meets the requirements of section 175A of the CAA. EPA
is also approving and finding adequate the 2017 and 2025
PM2.5 and NOX MVEBs submitted by Pennsylvania for
the Reading Area for transportation conformity purposes. Finally, EPA
is approving the 2007 emissions inventory to meet section 172(c)(3) of
the CAA. Approval of this redesignation request will change the
official designation of the Reading Area from nonattainment to
attainment for the 1997 annual PM2.5 NAAQS.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. A
delayed effective date is unnecessary due to the nature of a
redesignation to attainment, which eliminates CAA obligations that
would otherwise apply. The immediate effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and section 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Today's rule, however, does not
create any new regulatory requirements such that affected parties would
need time to prepare before the rule takes effect. Rather, today's rule
relieves the Commonwealth of Pennsylvania of the obligation to comply
with nonattainment-related planning requirements for the Area pursuant
to Part D of the CAA and approves certain emissions inventories and
MVEBs for the Area. For these reasons, EPA finds good cause under 5
U.S.C. 553(d) for this action to become effective on the date of
publication of this notice.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act 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);
[[Page 11582]]
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 May 4, 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 action, approving the redesignation request and maintenance
plan, and comprehensive emissions inventory for the Reading Area for
the 1997 annual PM2.5 NAAQS may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).
List of Subjects
40 CFR part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
40 CFR part 81
Air pollution control, National parks, Wilderness areas.
Dated: February 9, 2015.
William C. Early,
Acting Regional Administrator,Region III.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
an entry for 1997 Annual PM2.5 Maintenance Plan and 2007
Base Year Emissions Inventory at the end of the table. The added text
reads as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 Annual PM2.5 Maintenance Reading Area (Berks 11/25/14 3/4/15 [Insert See Sec.
Plan and 2007 Base Year County). Federal Register 52.2036(s) and
Emissions Inventory. citation]. Sec.
52.2059(n).
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.2036 is amended by adding paragraph (s) to read as
follows:
Sec. 52.2036 Base year emissions inventory.
* * * * *
(s) EPA approves as revisions to the Pennsylvania State
Implementation Plan the 2007 base year emissions inventory for the
Reading 1997 annual fine particulate matter (PM2.5)
nonattainment area submitted by the Pennsylvania Department of
Environmental Protection on November 25, 2014. The emissions inventory
includes emissions estimates that cover the general source categories
of point, area, nonroad, and onroad sources. The pollutants that
comprise the inventory are PM2.5, nitrogen oxides
(NOX), volatile organic compounds (VOCs), ammonia
(NH3), and sulfur dioxide (SO2).
0
4. Section 52.2059 is amended by adding paragraph (n) to read as
follows:
Sec. 52.2059 Control strategy: Particular matter.
* * * * *
(n) EPA approves the maintenance plan for the Reading nonattainment
area for the 1997 annual PM2.5 NAAQS submitted by the
Commonwealth of Pennsylvania on November 25, 2014. The maintenance plan
includes the 2017 and 2025 PM2.5 and NOX mobile
vehicle emissions budgets (MVEBs) for Berks County to be applied to all
future transportation conformity determinations and analyses for the
Reading nonattainment area for the 1997 annual PM2.5 NAAQS.
Reading Area's Motor Vehicle Emission Budgets for the 1997 Annual PM2.5 NAAQS in Tons per Year
----------------------------------------------------------------------------------------------------------------
Effective date of
Type of control strategy SIP Year PM2.5 NOX SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan.................... 2017 200 5,739 3/4/15
[[Page 11583]]
2025 146 3,719 3/4/15
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.339 is amended by revising the 1997 Annual
PM2.5 NAAQS table entry for the Reading Area to read as
follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--1997 Annual PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated Area ----------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reading, PA:
Berks County............. March 4, 2015........ Attainment..........
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2015-04391 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P
