Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Infrastructure Requirements for the 2010 Nitrogen Dioxide and 2012 Fine Particulate Matter National Ambient Air Quality Standards, 26461-26463 [2015-11033]
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Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0910; FRL–9927–35–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Infrastructure
Requirements for the 2010 Nitrogen
Dioxide and 2012 Fine Particulate
Matter National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
two State Implementation Plan (SIP)
revisions submitted by the
Commonwealth of Pennsylvania
through the Pennsylvania Department of
Environmental Protection (PADEP)
pursuant to the Clean Air Act (CAA).
Whenever new or revised national
ambient air quality standards (NAAQS)
are promulgated, the CAA requires
states to submit a plan for the
implementation, maintenance, and
enforcement of such NAAQS. The plan
is required to address basic program
elements, including, but not limited to
regulatory structure, monitoring,
modeling, legal authority, and adequate
resources necessary to assure attainment
and maintenance of the standards.
These elements are referred to as
infrastructure requirements. PADEP
made two separate SIP submittals
addressing the infrastructure
requirements for the 2010 nitrogen
dioxide (NO2) NAAQS and the 2012 fine
particular matter (PM2.5) NAAQS. In this
rulemaking action, EPA is approving, in
accordance with the requirements of the
CAA, the two infrastructure SIP
submissions with the exception of some
portions of the submittals addressing
visibility protection.
DATES: This final rule is effective on
June 8, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2014–0910. 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
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
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SUMMARY:
VerDate Sep<11>2014
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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 submittals are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality, P.O.
Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by email at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
On February 6, 2015 (80 FR 6672),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania
proposing approval of Pennsylvania’s
SIP submittals to satisfy several
requirements of section 110(a)(2) of the
CAA for the 2010 NO2 NAAQS and
2012 PM2.5 NAAQS.1 In the NPR, EPA
proposed approval of Pennsylvania’s
July 15, 2014 infrastructure SIP
submittals for the 2010 NO2 NAAQS
and 2012 PM2.5 NAAQS for the
following infrastructure elements in
section 110(a)(2): (A), (B), (C), (D)(i)(II)
(prevention of significant deterioration
(PSD)), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). Pennsylvania’s July 15,
2014 SIP submittals for the 2010 NO2
NAAQS and the 2012 PM2.5 NAAQS did
not include any provisions addressing
section 110(a)(2)(D)(i)(I) (interstate
transport) or 110(a)(2)(I) (nonattainment
plan requirements). Thus, EPA’s NPR
did not propose to approve the
infrastructure SIP submittals for the
2010 NO2 NAAQS or 2012 PM2.5
NAAQS for the requirements in section
110(a)(2)(D)(i)(I) or 110(a)(2)(I). Section
110(a)(2)(I) pertains to the
nonattainment planning requirements of
part D, Title I of the CAA, and therefore
Pennsylvania was not required to
submit anything for this element by the
3-year submission deadline of section
110(a)(1) for either the 2010 NO2
NAAQS or 2012 PM2.5 NAAQS. The
requirements of section 110(a)(2)(I) for
these NAAQS will be addressed in a
separate SIP process where appropriate.
1 EPA’s February 6, 2015 NPR also proposed
approval of two other Pennsylvania SIP submittals
dated July 15, 2014 which addressed certain
requirements of section 110(a)(2) of the CAA for the
2008 ozone NAAQS and the 2010 sulfur dioxide
(SO2) NAAQS. In this rulemaking action, EPA is not
taking final action on the Pennsylvania SIP
submittals for the 2008 ozone NAAQS or 2010 SO2
NAAQS. EPA will take final rulemaking action on
those SIP submittals in a separate action.
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26461
Section 110(a)(2)(D)(i)(I) pertains to
interstate transport of emissions. EPA
will take separate action for
Pennsylvania concerning this element
for the 2010 NO2 NAAQS and 2012
PM2.5 NAAQS. Finally, Pennsylvania’s
July 15, 2014 infrastructure SIP
submittals for the 2010 NO2 NAAQS
and 2012 PM2.5 NAAQS did include
provisions addressing the visibility
protection element in section
110(a)(2)(D)(i)(II) of the CAA; however,
EPA’s NPR did not propose to approve
any of Pennsylvania’s SIP submittals for
the requirements in section
110(a)(2)(D)(i)(II) for visibility
protection. EPA’s NPR stated we would
take separate action on the visibility
protection element of section
110(a)(2)(D)(i)(II) submitted as part of
the July 15, 2014 SIP submittals. Thus,
this rulemaking does not take any final
action on the July 15, 2014
infrastructure SIP submittals for section
110(a)(2)(D)(i)(II) (visibility protection)
for the 2010 NO2 NAAQS or the 2012
PM2.5 NAAQS.
In the NPR, EPA also proposed
approval of Pennsylvania’s July 15, 2014
SIP submittals for certain requirements
of CAA section 110(a)(2) for the 2008
ozone and 2010 sulfur dioxide (SO2)
NAAQS. EPA will take separate final
action on the proposed approval of
Pennsylvania’s infrastructure SIP
submittals for the 2008 ozone and 2010
SO2 NAAQS.
The rationale supporting EPA’s
approval of Pennsylvania’s July 15, 2014
infrastructure SIP submittals for the
2010 NO2 NAAQS and 2012 PM2.5
NAAQS, which address certain
requirements of CAA section 110(a)(2),
was explained in the NPR and the
technical support document (TSD)
accompanying the NPR and will not be
restated here.2 The TSD is available
online at www.regulations.gov, Docket
ID Number EPA–R03–OAR–2014–0910.
EPA received no adverse comments on
our proposed approval of
Pennsylvania’s infrastructure SIP
submittals which address certain
requirements in section 110(a)(2) for the
2010 NO2 NAAQS and 2012 PM2.5
NAAQS as explained above.
II. Final Action
EPA is approving as a revision to the
Pennsylvania SIP, Pennsylvania’s July
15, 2014 infrastructure SIP submittals
which provide the basic program
elements specified in section
110(a)(2)(A), (B), (C), (D)(i)(II)(PSD),
2 The NPR also explained the scope of
infrastructure SIPs in general and EPA’s authority
to act on specific elements of CAA section 110(a)(2)
for a particular NAAQS in separate rulemaking
actions.
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Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M) of the CAA, necessary to
implement, maintain, and enforce the
2010 NO2 NAAQS and 2012 PM2.5
NAAQS. This rulemaking action does
not include any rulemaking action on
Pennsylvania’s infrastructure SIP
submittals for requirements in CAA
section 110(a)(2)(D)(i)(I) (interstate
transport) or (D)(i)(II) (visibility
protection). EPA will address these
requirements in section 110(a)(2)(D)(i)(I)
and (D)(i)(II) (visibility protection) in
separate actions. EPA will take final
action on Pennsylvania’s SIP submittals
addressing infrastructure elements of
CAA section 110(a)(2) for the 2008
ozone NAAQS and 2010 SO2 NAAQS in
a separate action. This rulemaking does
not address requirements for section
110(a)(2)(I) for the 2010 NO2 NAAQS or
2012 PM2.5 NAAQS as those
requirements are due on a separate
schedule and will be addressed in
separate actions where necessary.
III. Statutory and Executive Order
Reviews
A. General Requirements
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Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
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15:55 May 07, 2015
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• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
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is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 7, 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 pertaining to
Pennsylvania’s section 110(a)(2)
infrastructure elements for the 2010 NO2
NAAQS and 2012 PM2.5 NAAQS may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Sulfur dioxide, Reporting and
recordkeeping requirements.
Dated: April 21, 2015.
William C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is 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 two entries
for Section 110(a)(2) Infrastructure
Requirements for the 2010 NO2 NAAQS
and 2012 PM2.5 NAAQS at the end of
the table to read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
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*
*
Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations
Name of non-regulatory SIP revision
Applicable
geographic area
State submittal
date
EPA approval date
*
*
Section 110(a)(2) Infrastructure Requirements for the 2010 NO2
NAAQS.
*
Statewide ..........
*
7/15/14
*
5/8/15 [Insert Federal
Register citation].
Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5
NAAQS.
Statewide ..........
7/15/14
5/8/15 [Insert Federal
Register citation].
*
*
*
*
*
[FR Doc. 2015–11033 Filed 5–7–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2011–0135; FRL–9927–17–
OAR]
RIN 2060–AS36
Partial Withdrawal of Technical
Amendments Related to: Tier 3 Motor
Vehicle Fuel and Quality Assurance
Plan Provisions
Environmental Protection
Agency (EPA).
ACTION: Partial withdrawal of direct
final rule.
AGENCY:
Because EPA received
adverse comment on certain elements of
the Tier 3 Amendments direct final rule
published on February 19, 2015, we are
withdrawing those elements of the
direct final rule. EPA intends to
consider the comments received and
proceed with a new final rule for the
withdrawn elements. The remaining
elements will go into effect pursuant to
the direct final rule.
DATES: Effective May 5, 2015, EPA
withdraws the amendments to 40 CFR
80.1453, 80.1616, and 80.1621
published at 80 FR 9078 on February 19,
2015.
FOR FURTHER INFORMATION CONTACT: Julia
MacAllister, Office of Transportation
and Air Quality, Assessment and
Standards Division, 2000 Traverwood
Drive, Ann Arbor, Michigan 48105;
telephone number: 734–214–4131;
email address: MacAllister.Julia@
epa.gov.
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SUMMARY:
We stated
in the Tier 3 Technical Amendments
direct final rule published on February
SUPPLEMENTARY INFORMATION:
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19, 2015 (80 FR 9078) that if we
received adverse comment by April 6,
2015, as to any part of the direct final
rule, those parts would be withdrawn by
publishing a timely notice in the
Federal Register. Because EPA received
adverse comment, we are withdrawing
the amendments that were the subject of
these adverse comments and they will
not take effect. Three specific provisions
are being withdrawn, as described
below.
First, 40 CFR 80.1453: In the
Renewable Fuel Standard (RFS) Quality
Assurance Program (QAP) Rule (79 FR
42078, July 18, 2014), EPA added
additional product transfer document
(PTD) requirements for renewable fuels
that informed parties that took
ownership of the renewable fuel that
they would need to (a) use the fuel as
it was intended, i.e., for transportation
use; and, (b) incur a renewable volume
obligation (RVO) if the fuel was
exported. Shortly after publication of
the QAP final rule, we received
questions on whether these PTD
requirements would apply downstream
to the end users, including residential
heating oil owners and people filling up
their fuel tanks at fuel retail stations.
EPA provides downstream end user
exemptions to the PTD requirements in
other fuels programs, and the direct
final rule included similar exemptions
for RFS PTD requirements. The words
‘‘or custody’’ were inadvertently added
to the RFS PTD requirements and we
received several comments pointing out
that applying the PTD requirements to
the transfer of custody of renewable
fuels would be costly to industry and
not beneficial to the RFS program. In
this action we are withdrawing all of the
changes to 40 CFR 80.1453.
Second, 40 CFR 80.1616: The direct
final rule included some clarifying
language for when credits expire and are
reported. We received a comment
advocating for small refiners and small
volume refineries to be allowed to use
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26463
Additional explanation
*
*
This rulemaking action addresses the
following
CAA
elements:
110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration),
(D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M).
This rulemaking action addresses the
following
CAA
elements:
110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration),
(D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M).
credits past January 1, 2020—to
effectively receive a small refiner- and
small volume refinery-specific period of
lead time before these parties must
comply with the Tier 3 sulfur standards.
Although it is not clear whether this
comment is germane to the provisions of
the direct final rule, in light of the short
time frame for withdrawal of the direct
final rule, we have decided to treat this
as an adverse comment on the amended
rulemaking provisions and we therefore
are withdrawing the proposed changes
to 40 CFR 80.1616.
Third, 40 CFR 80.1621: Following
publication of the Tier 3 Final Rule (79
FR 23414, April 28, 2014) we were
contacted by some refiners to clarify if/
when small volume refineries could be
disqualified, because there was language
inadvertently deleted from the
regulatory text as part of the Tier 3 final
rule. In re-inserting this text in the
direct final rule, we clarified that small
volume refinery disqualification was
akin to small refiner disqualification.
We received adverse comment raising
the issue that the new wording is
confusing because it does not explicitly
state exactly when and under which
circumstances that disqualification
could occur, and also that the term
‘‘small refinery’’ was used instead of the
correct term ‘‘small volume refinery’’. In
this action we are withdrawing all
changes to 40 CFR 80.1621.
EPA published a parallel proposed
rule on the same day as the direct final
rule. The proposed rule invited
comment on the substance of the direct
final rule. EPA intends to consider the
comments received and proceed with a
new final rule. As stated in the parallel
proposal, EPA does not plan to institute
a second comment period for the
proposed action with respect to the
provisions that are withdrawn by this
notice.
The amendments for which we did
not receive adverse comment are not
being withdrawn and will become
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]]>Agencies
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Rules and Regulations]
[Pages 26461-26463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11033]
[[Page 26461]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0910; FRL-9927-35-Region-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Infrastructure Requirements for the 2010 Nitrogen Dioxide
and 2012 Fine Particulate Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of two State Implementation Plan (SIP) revisions submitted by
the Commonwealth of Pennsylvania through the Pennsylvania Department of
Environmental Protection (PADEP) pursuant to the Clean Air Act (CAA).
Whenever new or revised national ambient air quality standards (NAAQS)
are promulgated, the CAA requires states to submit a plan for the
implementation, maintenance, and enforcement of such NAAQS. The plan is
required to address basic program elements, including, but not limited
to regulatory structure, monitoring, modeling, legal authority, and
adequate resources necessary to assure attainment and maintenance of
the standards. These elements are referred to as infrastructure
requirements. PADEP made two separate SIP submittals addressing the
infrastructure requirements for the 2010 nitrogen dioxide
(NO2) NAAQS and the 2012 fine particular matter
(PM2.5) NAAQS. In this rulemaking action, EPA is approving,
in accordance with the requirements of the CAA, the two infrastructure
SIP submissions with the exception of some portions of the submittals
addressing visibility protection.
DATES: This final rule is effective on June 8, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0910. 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 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
submittals are available at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by
email at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
On February 6, 2015 (80 FR 6672), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania
proposing approval of Pennsylvania's SIP submittals to satisfy several
requirements of section 110(a)(2) of the CAA for the 2010
NO2 NAAQS and 2012 PM2.5 NAAQS.\1\ In the NPR,
EPA proposed approval of Pennsylvania's July 15, 2014 infrastructure
SIP submittals for the 2010 NO2 NAAQS and 2012
PM2.5 NAAQS for the following infrastructure elements in
section 110(a)(2): (A), (B), (C), (D)(i)(II) (prevention of significant
deterioration (PSD)), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M). Pennsylvania's July 15, 2014 SIP submittals for the 2010
NO2 NAAQS and the 2012 PM2.5 NAAQS did not
include any provisions addressing section 110(a)(2)(D)(i)(I)
(interstate transport) or 110(a)(2)(I) (nonattainment plan
requirements). Thus, EPA's NPR did not propose to approve the
infrastructure SIP submittals for the 2010 NO2 NAAQS or 2012
PM2.5 NAAQS for the requirements in section
110(a)(2)(D)(i)(I) or 110(a)(2)(I). Section 110(a)(2)(I) pertains to
the nonattainment planning requirements of part D, Title I of the CAA,
and therefore Pennsylvania was not required to submit anything for this
element by the 3-year submission deadline of section 110(a)(1) for
either the 2010 NO2 NAAQS or 2012 PM2.5 NAAQS.
The requirements of section 110(a)(2)(I) for these NAAQS will be
addressed in a separate SIP process where appropriate. Section
110(a)(2)(D)(i)(I) pertains to interstate transport of emissions. EPA
will take separate action for Pennsylvania concerning this element for
the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS. Finally,
Pennsylvania's July 15, 2014 infrastructure SIP submittals for the 2010
NO2 NAAQS and 2012 PM2.5 NAAQS did include
provisions addressing the visibility protection element in section
110(a)(2)(D)(i)(II) of the CAA; however, EPA's NPR did not propose to
approve any of Pennsylvania's SIP submittals for the requirements in
section 110(a)(2)(D)(i)(II) for visibility protection. EPA's NPR stated
we would take separate action on the visibility protection element of
section 110(a)(2)(D)(i)(II) submitted as part of the July 15, 2014 SIP
submittals. Thus, this rulemaking does not take any final action on the
July 15, 2014 infrastructure SIP submittals for section
110(a)(2)(D)(i)(II) (visibility protection) for the 2010 NO2
NAAQS or the 2012 PM2.5 NAAQS.
---------------------------------------------------------------------------
\1\ EPA's February 6, 2015 NPR also proposed approval of two
other Pennsylvania SIP submittals dated July 15, 2014 which
addressed certain requirements of section 110(a)(2) of the CAA for
the 2008 ozone NAAQS and the 2010 sulfur dioxide (SO2)
NAAQS. In this rulemaking action, EPA is not taking final action on
the Pennsylvania SIP submittals for the 2008 ozone NAAQS or 2010
SO2 NAAQS. EPA will take final rulemaking action on those
SIP submittals in a separate action.
---------------------------------------------------------------------------
In the NPR, EPA also proposed approval of Pennsylvania's July 15,
2014 SIP submittals for certain requirements of CAA section 110(a)(2)
for the 2008 ozone and 2010 sulfur dioxide (SO2) NAAQS. EPA
will take separate final action on the proposed approval of
Pennsylvania's infrastructure SIP submittals for the 2008 ozone and
2010 SO2 NAAQS.
The rationale supporting EPA's approval of Pennsylvania's July 15,
2014 infrastructure SIP submittals for the 2010 NO2 NAAQS
and 2012 PM2.5 NAAQS, which address certain requirements of
CAA section 110(a)(2), was explained in the NPR and the technical
support document (TSD) accompanying the NPR and will not be restated
here.\2\ The TSD is available online at www.regulations.gov, Docket ID
Number EPA-R03-OAR-2014-0910. EPA received no adverse comments on our
proposed approval of Pennsylvania's infrastructure SIP submittals which
address certain requirements in section 110(a)(2) for the 2010
NO2 NAAQS and 2012 PM2.5 NAAQS as explained
above.
---------------------------------------------------------------------------
\2\ The NPR also explained the scope of infrastructure SIPs in
general and EPA's authority to act on specific elements of CAA
section 110(a)(2) for a particular NAAQS in separate rulemaking
actions.
---------------------------------------------------------------------------
II. Final Action
EPA is approving as a revision to the Pennsylvania SIP,
Pennsylvania's July 15, 2014 infrastructure SIP submittals which
provide the basic program elements specified in section 110(a)(2)(A),
(B), (C), (D)(i)(II)(PSD),
[[Page 26462]]
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA,
necessary to implement, maintain, and enforce the 2010 NO2
NAAQS and 2012 PM2.5 NAAQS. This rulemaking action does not
include any rulemaking action on Pennsylvania's infrastructure SIP
submittals for requirements in CAA section 110(a)(2)(D)(i)(I)
(interstate transport) or (D)(i)(II) (visibility protection). EPA will
address these requirements in section 110(a)(2)(D)(i)(I) and (D)(i)(II)
(visibility protection) in separate actions. EPA will take final action
on Pennsylvania's SIP submittals addressing infrastructure elements of
CAA section 110(a)(2) for the 2008 ozone NAAQS and 2010 SO2
NAAQS in a separate action. This rulemaking does not address
requirements for section 110(a)(2)(I) for the 2010 NO2 NAAQS
or 2012 PM2.5 NAAQS as those requirements are due on a
separate schedule and will be addressed in separate actions where
necessary.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 7, 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 pertaining to Pennsylvania's section 110(a)(2)
infrastructure elements for the 2010 NO2 NAAQS and 2012
PM2.5 NAAQS may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Sulfur dioxide, Reporting and recordkeeping requirements.
Dated: April 21, 2015.
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. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
two entries for Section 110(a)(2) Infrastructure Requirements for the
2010 NO2 NAAQS and 2012 PM2.5 NAAQS at the end of
the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
[[Page 26463]]
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide.............. 7/15/14 5/8/15 [Insert This rulemaking
Infrastructure Requirements Federal Register action addresses
for the 2010 NO2 NAAQS. citation]. the following CAA
elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II)
(prevention of
significant
deterioration),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
Section 110(a)(2) Statewide.............. 7/15/14 5/8/15 [Insert This rulemaking
Infrastructure Requirements Federal Register action addresses
for the 2012 PM2.5 NAAQS. citation]. the following CAA
elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II)
(prevention of
significant
deterioration),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-11033 Filed 5-7-15; 8:45 am]
BILLING CODE 6560-50-P
