Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Johnstown Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard, 42046-42050 [2015-16921]
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 14, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking action.
This action, revising the definition of
VOCs, may not be challenged later in
proceedings to enforce its requirements.
See section 307(b)(2).
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 7, 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 VV—Virginia
2. In § 52.2420, the table in paragraph
(c) is amended by adding a new entry
for ‘‘Section 5–10–20’’ immediately after
the existing entries for ‘‘Section 5–10–
20’’ to read as follows:
■
List of Subjects in 40 CFR Part 52
§ 52.2420
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation
Title/subject
State effective
date
Explanation
[former SIP citation]
EPA approval date
9 VAC 5, Chapter 10 General Definitions [Part I]
*
*
5–10–20 ..................................
*
*
*
*
Terms Defined .......................
*
*
*
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3/12/15
*
*
[FR Doc. 2015–17386 Filed 7–15–15; 8:45 am]
BILLING CODE 6560–50–P
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7/16/15 [Insert Federal Register citation].
*
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
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[EPA–R03–OAR–2014–0902; FRL–9930–24–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation Request
and Associated Maintenance Plan for
the Johnstown Nonattainment Area for
the 1997 Annual and 2006 24-Hour Fine
Particulate Matter Standard
Environmental Protection
Agency (EPA).
AGENCY:
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Definition of VOC is revised
by adding two chemicals
(trans 1-chloro-3,3,3trifluoroprop-1-ene and
2,3,3,3-tetrafluoropropene)
to the list of substances not
considered to be VOCs.
*
ACTION:
*
Final rule.
The Environmental Protection
Agency (EPA) is approving the
Commonwealth of Pennsylvania’s
request to redesignate to attainment the
Johnstown Nonattainment Area
(Johnstown Area or Area) for the 1997
annual and 2006 24-hour fine
particulate matter (PM2.5) national
ambient air quality standard (NAAQS or
standard). EPA has determined that the
Johnstown Area attained both the 1997
annual and 2006 24-hour PM2.5 NAAQS.
In addition, EPA is approving as a
revision to the Pennsylvania State
Implementation Plan (SIP) the
associated maintenance plan to show
SUMMARY:
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tkelley on DSK3SPTVN1PROD with RULES
maintenance of the 1997 annual and
2006 24-hour PM2.5 NAAQS through
2025 for the Johnstown Area. The
maintenance plan includes the 2017 and
2025 PM2.5 and nitrogen oxides (NOX)
mobile vehicle emissions budgets
(MVEBs) for the Johnstown Area for the
1997 annual and 2006 24-hour PM2.5
NAAQS, which EPA is approving for
transportation conformity purposes.
Furthermore, EPA is approving the 2007
base year emissions inventory included
in the maintenance plan for the
Johnstown Area for both NAAQS. These
actions are being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on July
16, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2014–0902. 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 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: Rose
Quinto at (215) 814–2182, or by email
at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 3, 2014, the
Commonwealth of Pennsylvania,
through the Pennsylvania Department of
Environmental Protection (PADEP),
formally submitted a request to
redesignate the Johnstown Area from
nonattainment to attainment for the
1997 annual and 2006 24-hour PM2.5
NAAQS. Concurrently, PADEP
submitted a maintenance plan for the
Johnstown Area as a SIP revision to
ensure continued attainment throughout
the Johnstown 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
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and 2006 24-hour PM2.5 NAAQS, which
EPA is approving for transportation
conformity purposes. PADEP also
submitted a 2007 comprehensive
emissions inventory that was included
in the maintenance plan for the 1997
annual and 2006 24-hour PM2.5 NAAQS
for NOX, sulfur dioxide (SO2), volatile
organic compounds (VOC), and
ammonia (NH3).
On April 23, 2015 (80 FR 22672), EPA
published a notice of proposed
rulemaking (NPR) for Pennsylvania. In
the NPR, EPA proposed approval of
Pennsylvania’s December 3, 2014
request to redesignate the Johnstown
Area to attainment for the 1997 annual
and 2006 24-hour PM2.5 NAAQS. EPA
also proposed approval of the associated
maintenance plan as a revision to the
Pennsylvania SIP for the 1997 annual
and 2006 24-hour PM2.5 NAAQS. The
maintenance plan included the 2017
and 2025 PM2.5 and NOX MVEBs for
both NAAQS which EPA proposed to
approve for purposes of transportation
conformity. In addition, EPA proposed
approval of the 2007 emissions
inventory also included in the
maintenance plan for the Johnstown
Area for both NAAQS 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
adverse public comments were received
on the NPR.
II. Final Actions
EPA is taking final actions on the
redesignation request and SIP revisions
submitted on December 3, 2014 by the
Commonwealth of Pennsylvania for the
Johnstown Area for the 1997 annual and
2006 24-hour PM2.5 NAAQS. First, EPA
finds that the monitoring data
demonstrates that the Area has attained
the 1997 annual and 2006 24-hour PM2.5
NAAQS, and continues to attain both
NAAQS. Second, EPA is approving
Pennsylvania’s redesignation request for
the 1997 annual and 2006 24-hour 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 both NAAQS. Approval
of this redesignation request will change
the official designation of the Johnstown
Area from nonattainment to attainment
for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Third, EPA is approving
the associated maintenance plan for the
Johnstown Area as a revision to the
Pennsylvania SIP for the 1997 annual
and 2006 24-hour PM2.5 NAAQS
because it meets the requirements of
section 175A of the CAA. The
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42047
maintenance plan includes the 2017 and
2025 PM2.5 and NOX MVEBs submitted
by Pennsylvania for the Johnstown Area
for transportation conformity purposes.
In addition, EPA is approving the 2007
emissions inventory for the Johnstown
Area as meeting the requirement of
section 172(c)(3) of the CAA for both
NAAQS.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for this
rulemaking 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
rulemaking 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. This
rulemaking action, however, does not
create any new regulatory requirements
such that affected parties would need
time to prepare before the rule takes
effect. Rather, this rulemaking action
relieves the Commonwealth of
Pennsylvania of the obligation to
comply with nonattainment-related
planning requirements for the
Johnstown Area pursuant to part D of
the CAA and approves certain emissions
inventories and MVEBs for the
Johnstown Area. For these reasons, EPA
finds good cause under 5 U.S.C. 553(d)
for this rulemaking action to become
effective on the date of publication.
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
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations
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);
• 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
Name of non-regulatory SIP
revision
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 14, 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.
Applicable geographic area
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1997 Annual and 2006 24Johnstown Area .....................
Hour PM2.5 Maintenance
Plan and 2007 Base Year
Emissions Inventory.
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*
*
§ 52.2036
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3. Section 52.2036 is amended by
adding and reserving paragraph (v) and
adding paragraph (w) to read as follows:
■
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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: June 25, 2015.
Shawn M Garvin,
Regional Administrator, Region III.
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 and 2006 24-Hour PM2.5
Maintenance Plan and 2007 Base Year
Emissions Inventory’’ at the end of the
table to read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
12/3/14
*
7/16/15 [Insert Federal Register citation].
*
EPA Approval date
Base year emissions inventory.
*
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(v) [Reserved]
(w) EPA approves as a revision to the
Pennsylvania State Implementation Plan
Frm 00062
List of Subjects
State submittal
date
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This action, approving the
redesignation request and maintenance
plan for the Johnstown Area for the
1997 annual and 2006 24-hour PM2.5
NAAQS and the comprehensive
emissions inventory for the Johnstown
Area for both NAAQS, may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
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Additional explanation
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See § 52.2036(w) and
§ 52.2059(r).
the 2007 base year emissions inventory
for the Johnstown 1997 annual and 2006
24-hour fine particulate matter (PM2.5)
nonattainment area submitted by the
Pennsylvania Department of
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations
Environmental Protection on December
3, 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).
4. Section 52.2059 is amended by
adding and reserving paragraph (q) and
adding paragraph (r) to read as follows:
■
§ 52.2059
matter.
Control strategy: Particular
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(q) [Reserved]
(r) EPA approves the maintenance
plan for the Johnstown nonattainment
area for the 1997 annual and 2006 24hour PM2.5 National Ambient Air
Quality Standards (NAAQS) submitted
by the Commonwealth of Pennsylvania
on December 3, 2014. The maintenance
plan includes the 2017 and 2025 PM2.5
and NOX mobile vehicle emissions
budgets (MVEBs) to be applied to all
future transportation conformity
determinations and analyses for the
Johnstown nonattainment area for the
1997 annual and 2006 24-hour PM2.5
NAAQS.
JOHNSTOWN AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL AND 2006 24-HOUR PM2.5 NAAQS
FOR CAMBRIA COUNTY IN TONS PER YEAR
Type of control strategy SIP
Year
Maintenance Plan ........................................................................................
PM2.5
2017
2025
Effective date of
SIP approval
NOX
62.79
46.71
1,707.03
1,077.46
7/16/15
7/16/15
JOHNSTOWN AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL AND 2006 24-HOUR PM2.5 NAAQS
FOR INDIANA COUNTY (PARTIAL) IN TONS PER YEAR
Type of control strategy SIP
Year
Maintenance Plan ........................................................................................
PM2.5
2017
2025
7.95
4.38
Authority: 42 U.S.C. 7401, et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
6. In § 81.339, in the tables entitled
‘‘Pennsylvania—1997 Annual PM2.5
NAAQS’’ and ‘‘Pennsylvania—2006 24■
5. The authority citation for part 81
continues to read as follows:
■
Effective date of
SIP approval
NOX
238.50
120.98
7/16/15
7/16/15
Hour PM2.5 NAAQS’’ revise the entry for
‘‘Johnstown, PA’’ to read as follows:
§ 81.339
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Pennsylvania.
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PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
*
*
*
*
Johnstown, PA:
Cambria County ........................................................................................
Indiana County (part) ................................................................................
Townships of West Wheatfield, Center, East Wheatfield, and Armagh Borough and Homer City Borough.
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Type
*
7/16/15
7/16/15
*
Date 2
Type
*
*
*
*
Attainment
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.
*
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*
*
*
PENNSYLVANIA—2006 24-HOUR PM2.5 NAAQS
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[Primary and secondary]
Designation a
Classification
Designated area
Date 1
*
Johnstown, PA:
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Date 2
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PENNSYLVANIA—2006 24-HOUR PM2.5 NAAQS—Continued
[Primary and secondary]
Classification
Designation a
Designated area
Date 1
Cambria County ........................................................................................
Indiana County (part) ................................................................................
Townships of West Wheatfield, Center, East Wheatfield, and Armagh Borough and Homer City Borough
*
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*
Type
7/16/15
7/16/15
Attainment
Attainment
*
*
Date 2
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Type
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is 30 days after November 13, 2009, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
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[FR Doc. 2015–16921 Filed 7–15–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2015–0050; FRL–9930–56–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation Request
and Associated Maintenance Plan for
the Lancaster Nonattainment Area for
the 1997 Annual and 2006 24-Hour Fine
Particulate Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the
Commonwealth of Pennsylvania’s
request to redesignate to attainment the
Lancaster Nonattainment Area
(Lancaster Area or Area) for the 1997
annual and 2006 24-hour fine
particulate matter (PM2.5) national
ambient air quality standard (NAAQS or
standard). EPA has determined that the
Lancaster Area attained both the 1997
annual and 2006 24-hour PM2.5 NAAQS.
In addition, EPA is approving as a
revision to the Pennsylvania State
Implementation Plan (SIP) the
associated maintenance plan to show
maintenance of the 1997 annual and
2006 24-hour PM2.5 NAAQS through
2025 for the Lancaster Area. The
maintenance plan includes the 2017 and
2025 PM2.5 and nitrogen oxides (NOX)
mobile vehicle emissions budgets
(MVEBs) for the Lancaster Area for the
1997 annual and 2006 24-hour PM2.5
NAAQS, which EPA is approving for
transportation conformity purposes.
Furthermore, EPA is approving the 2007
base year emissions inventory included
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
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Jkt 235001
in the maintenance plan for the
Lancaster Area for both NAAQS. These
actions are being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on July
16, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0050. 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 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:
Leslie Jones Doherty at (215) 814–3409,
or by email at jones.leslie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 30, 2014, the
Commonwealth of Pennsylvania,
through the Pennsylvania Department of
Environmental Protection (PADEP),
formally submitted a request to
redesignate the Lancaster Area from
nonattainment to attainment for the
1997 annual and 2006 24-hour PM2.5
NAAQS. Concurrently, PADEP
submitted a maintenance plan for the
Lancaster Area as a SIP revision to
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
ensure continued attainment throughout
the Lancaster 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
and 2006 24-hour PM2.5 NAAQS, which
EPA is approving for transportation
conformity purposes. PADEP also
submitted a 2007 comprehensive
emissions inventory that was included
in the maintenance plan for the 1997
annual and 2006 24-hour PM2.5 NAAQS
for NOX, sulfur dioxide (SO2), volatile
organic compounds (VOC), and
ammonia (NH3).
On May 1, 2015 (80 FR 24874), EPA
published a notice of proposed
rulemaking (NPR) for Pennsylvania. In
the NPR, EPA proposed approval of
Pennsylvania’s April 30, 2014 request to
redesignate the Lancaster Area to
attainment for the 1997 annual and 2006
24-hour PM2.5 NAAQS. EPA also
proposed approval of the associated
maintenance plan as a revision to the
Pennsylvania SIP for the 1997 annual
and 2006 24-hour PM2.5 NAAQS. The
maintenance plan included the 2017
and 2025 PM2.5 and NOX MVEBs for
both NAAQS which EPA proposed to
approve for purposes of transportation
conformity. In addition, EPA proposed
approval of the 2007 emissions
inventory also included in the
maintenance plan for the Lancaster Area
for both NAAQS 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
adverse public comments were received
on the NPR.
II. Final Actions
EPA is taking final actions on the
redesignation request and SIP revisions
submitted on April 30, 2014 by the
Commonwealth of Pennsylvania for the
Lancaster Area for the 1997 annual and
2006 24-hour PM2.5 NAAQS. First, EPA
E:\FR\FM\16JYR1.SGM
16JYR1
]]>Agencies
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42046-42050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16921]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2014-0902; FRL-9930-24-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation Request and Associated Maintenance Plan for
the Johnstown Nonattainment Area for the 1997 Annual and 2006 24-Hour
Fine Particulate Matter Standard
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
Johnstown Nonattainment Area (Johnstown Area or Area) for the 1997
annual and 2006 24-hour fine particulate matter (PM2.5)
national ambient air quality standard (NAAQS or standard). EPA has
determined that the Johnstown Area attained both the 1997 annual and
2006 24-hour PM2.5 NAAQS. In addition, EPA is approving as a
revision to the Pennsylvania State Implementation Plan (SIP) the
associated maintenance plan to show
[[Page 42047]]
maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS
through 2025 for the Johnstown Area. The maintenance plan includes the
2017 and 2025 PM2.5 and nitrogen oxides (NOX)
mobile vehicle emissions budgets (MVEBs) for the Johnstown Area for the
1997 annual and 2006 24-hour PM2.5 NAAQS, which EPA is
approving for transportation conformity purposes. Furthermore, EPA is
approving the 2007 base year emissions inventory included in the
maintenance plan for the Johnstown Area for both NAAQS. These actions
are being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on July 16, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0902. 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
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: Rose Quinto at (215) 814-2182, or by
email at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 3, 2014, the Commonwealth of Pennsylvania, through the
Pennsylvania Department of Environmental Protection (PADEP), formally
submitted a request to redesignate the Johnstown Area from
nonattainment to attainment for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Concurrently, PADEP submitted a maintenance
plan for the Johnstown Area as a SIP revision to ensure continued
attainment throughout the Johnstown 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 and 2006 24-hour
PM2.5 NAAQS, which EPA is approving for transportation
conformity purposes. PADEP also submitted a 2007 comprehensive
emissions inventory that was included in the maintenance plan for the
1997 annual and 2006 24-hour PM2.5 NAAQS for NOX,
sulfur dioxide (SO2), volatile organic compounds (VOC), and
ammonia (NH3).
On April 23, 2015 (80 FR 22672), EPA published a notice of proposed
rulemaking (NPR) for Pennsylvania. In the NPR, EPA proposed approval of
Pennsylvania's December 3, 2014 request to redesignate the Johnstown
Area to attainment for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA also proposed approval of the associated
maintenance plan as a revision to the Pennsylvania SIP for the 1997
annual and 2006 24-hour PM2.5 NAAQS. The maintenance plan
included the 2017 and 2025 PM2.5 and NOX MVEBs
for both NAAQS which EPA proposed to approve for purposes of
transportation conformity. In addition, EPA proposed approval of the
2007 emissions inventory also included in the maintenance plan for the
Johnstown Area for both NAAQS 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 adverse public comments were received on the NPR.
II. Final Actions
EPA is taking final actions on the redesignation request and SIP
revisions submitted on December 3, 2014 by the Commonwealth of
Pennsylvania for the Johnstown Area for the 1997 annual and 2006 24-
hour PM2.5 NAAQS. First, EPA finds that the monitoring data
demonstrates that the Area has attained the 1997 annual and 2006 24-
hour PM2.5 NAAQS, and continues to attain both NAAQS.
Second, EPA is approving Pennsylvania's redesignation request for the
1997 annual and 2006 24-hour 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 both NAAQS. Approval of this
redesignation request will change the official designation of the
Johnstown Area from nonattainment to attainment for the 1997 annual and
2006 24-hour PM2.5 NAAQS. Third, EPA is approving the
associated maintenance plan for the Johnstown Area as a revision to the
Pennsylvania SIP for the 1997 annual and 2006 24-hour PM2.5
NAAQS because it meets the requirements of section 175A of the CAA. The
maintenance plan includes the 2017 and 2025 PM2.5 and
NOX MVEBs submitted by Pennsylvania for the Johnstown Area
for transportation conformity purposes. In addition, EPA is approving
the 2007 emissions inventory for the Johnstown Area as meeting the
requirement of section 172(c)(3) of the CAA for both NAAQS.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this rulemaking 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 rulemaking
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. This rulemaking action, however,
does not create any new regulatory requirements such that affected
parties would need time to prepare before the rule takes effect.
Rather, this rulemaking action relieves the Commonwealth of
Pennsylvania of the obligation to comply with nonattainment-related
planning requirements for the Johnstown Area pursuant to part D of the
CAA and approves certain emissions inventories and MVEBs for the
Johnstown Area. For these reasons, EPA finds good cause under 5 U.S.C.
553(d) for this rulemaking action to become effective on the date of
publication.
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
[[Page 42048]]
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);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 14, 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 for the Johnstown Area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS and the comprehensive emissions inventory for
the Johnstown Area for both 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: June 25, 2015.
Shawn M Garvin,
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 and 2006 24-Hour PM2.5
Maintenance Plan and 2007 Base Year Emissions Inventory'' at the end of
the table to read 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 and 2006 24-Hour Johnstown Area..... 12/3/14 7/16/15 [Insert See Sec.
PM2.5 Maintenance Plan and 2007 Federal Register 52.2036(w) and
Base Year Emissions Inventory. citation]. Sec. 52.2059(r).
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.2036 is amended by adding and reserving paragraph (v) and
adding paragraph (w) to read as follows:
Sec. 52.2036 Base year emissions inventory.
* * * * *
(v) [Reserved]
(w) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2007 base year emissions inventory for the
Johnstown 1997 annual and 2006 24-hour fine particulate matter
(PM2.5) nonattainment area submitted by the Pennsylvania
Department of
[[Page 42049]]
Environmental Protection on December 3, 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 and reserving paragraph (q) and
adding paragraph (r) to read as follows:
Sec. 52.2059 Control strategy: Particular matter.
* * * * *
(q) [Reserved]
(r) EPA approves the maintenance plan for the Johnstown
nonattainment area for the 1997 annual and 2006 24-hour
PM2.5 National Ambient Air Quality Standards (NAAQS)
submitted by the Commonwealth of Pennsylvania on December 3, 2014. The
maintenance plan includes the 2017 and 2025 PM2.5 and
NOX mobile vehicle emissions budgets (MVEBs) to be applied
to all future transportation conformity determinations and analyses for
the Johnstown nonattainment area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
Johnstown Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS for Cambria
County in Tons per Year
----------------------------------------------------------------------------------------------------------------
Effective date
Type of control strategy SIP Year PM2.5 NOX of SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan.............................. 2017 62.79 1,707.03 7/16/15
2025 46.71 1,077.46 7/16/15
----------------------------------------------------------------------------------------------------------------
Johnstown Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS for Indiana
County (Partial) in Tons per Year
----------------------------------------------------------------------------------------------------------------
Effective date
Type of control strategy SIP Year PM2.5 NOX of SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan.............................. 2017 7.95 238.50 7/16/15
2025 4.38 120.98 7/16/15
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
5. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
6. In Sec. 81.339, in the tables entitled ``Pennsylvania--1997 Annual
PM2.5 NAAQS'' and ``Pennsylvania--2006 24-Hour
PM2.5 NAAQS'' revise the entry for ``Johnstown, PA'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Johnstown, PA:
Cambria County.......................... 7/16/15 Attainment
Indiana County (part)................... 7/16/15 Attainment
Townships of West Wheatfield, Center, East
Wheatfield, and Armagh Borough and Homer
City Borough.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
* * * * *
Pennsylvania--2006 24-Hour PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation a Classification
Designated area -------------------------------------------------------------------
Date 1 Type Date 2 Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Johnstown, PA:
[[Page 42050]]
Cambria County.......................... 7/16/15 Attainment
Indiana County (part)................... 7/16/15 Attainment
Townships of West Wheatfield, Center, East
Wheatfield, and Armagh Borough and Homer
City Borough
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2015-16921 Filed 7-15-15; 8:45 am]
BILLING CODE 6560-50-P
