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, 42050-42053 [2015-17471]

Download as PDF 42050 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations 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 * * * Type 7/16/15 7/16/15 Attainment Attainment * * Date 2 * 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. * * * * * [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: VerDate Sep<11>2014 16:14 Jul 15, 2015 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 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations 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 Lancaster 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 Lancaster 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 Lancaster Area for transportation conformity purposes. In addition, EPA is approving the 2007 emissions inventory for the Lancaster 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 Lancaster Area pursuant to part D of the CAA and approves certain emissions inventories and MVEBs for the Lancaster Area. For VerDate Sep<11>2014 16:14 Jul 15, 2015 Jkt 235001 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 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 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 42051 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 Lancaster Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS and the comprehensive emissions inventory for the Lancaster Area for both NAAQS, may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). E:\FR\FM\16JYR1.SGM 16JYR1 42052 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations Dated: July 1, 2015. William C. Early, Acting, Regional Administrator, Region III. 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. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS § 52.2020 * 1. The authority citation for part 52 continues to read as follows: ■ Air pollution control, National parks, Wilderness areas. Name of non-regulatory SIP revision Authority: 42 U.S.C. 7401 et seq. * * * 1997 Annual and 2006 24Lancaster Area ...................... Hour PM2.5 Maintenance Plan and 2007 Base Year Emissions Inventory. * * * * 3. Section 52.2036 is amended by adding paragraph (x) to read as follows: ■ Base year emissions inventory. * * * * * (x) EPA approves as a revision to the Pennsylvania State Implementation Plan the 2007 base year emissions inventory for the Lancaster 1997 annual and 2006 24-hour fine particulate matter (PM2.5) nonattainment area submitted by the Pennsylvania Department of Environmental Protection on April 30, 2014. The emissions inventory includes * 4/30/14 * 7/16/15 [Insert Federal Register citation]. * EPA Approval date 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 (s) to read as follows: ■ § 52.2059 matter. Control strategy: Particular * * * Identification of plan. * * (e) * * * (1) * * * State submittal date Applicable geographic area * 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: ■ 40 CFR parts 52 and 81 are amended as follows: 40 CFR Part 81 § 52.2036 Subpart NN—Pennsylvania * * * Additional explanation * * See § 52.2036(x) and § 52.2059(s) (s) EPA approves the maintenance plan for the Lancaster nonattainment area for the 1997 annual and 2006 24hour fine particulate matter (PM2.5) NAAQS submitted by the Commonwealth of Pennsylvania on April 30, 2014. The maintenance plan includes the 2017 and 2025 PM2.5 and nitrogen oxides (NOX) mobile vehicle emissions budgets (MVEBs) to be applied to all future transportation conformity determinations and analyses for the Lancaster nonattainment area for the 1997 annual and 2006 24-hour PM2.5 NAAQS. LANCASTER AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL AND 2006 24-HOUR PM2.5 NAAQS FOR LANCASTER COUNTY IN TONS PER YEAR Type of control strategy SIP Year Maintenance Plan ........................................................................................... PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 5. The authority citation for part 81 continues to read as follows: ■ PM2.5 2017 2025 249 185 Authority: 42 U.S.C. 7401, et seq. 6. In § 81.339, in the tables entitled ‘‘Pennsylvania—1997 Annual PM2.5 NAAQS’’ and ‘‘Pennsylvania—2006 24■ Effective date of SIP approval NOX 6,916 4,447 July 16, 2015. July 16, 2015. Hour PM2.5 NAAQS’’ revise the entry for ‘‘Lancaster, PA’’ to read as follows: § 81.339 * Pennsylvania. * * * * PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS [Primary and secondary] tkelley on DSK3SPTVN1PROD with RULES Designation Classification Designated area Date 1 * * * * Lancaster, PA: Lancaster County ................................................................................................... VerDate Sep<11>2014 16:14 Jul 15, 2015 Jkt 235001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 Type * July 16, 2015 .. E:\FR\FM\16JYR1.SGM Date 2 * Attainment 16JYR1 Type * ................ 42053 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS—Continued [Primary and secondary] Designation Classification Designated area Date 1 * * * * Type * Date 2 * Type * 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 Classification Designated area Date 1 * * * * Lancaster, PA: Lancaster County ................................................................................................... * 1 This 2 This * * * * Date 2 * July 16, 2015 .. Attainment * * Type * ................ * date is 30 days after November 13, 2009, unless otherwise noted. date is July 2, 2014, unless otherwise noted. * * * * [FR Doc. 2015–17471 Filed 7–15–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA–HQ–OAR–2003–0118; FRL–9930–55– OAR] RIN 2060–AG12 Protection of Stratospheric Ozone: Determination 30 for Significant New Alternatives Policy Program Environmental Protection Agency (EPA). ACTION: Determination of acceptability. AGENCY: This determination of acceptability expands the list of acceptable substitutes pursuant to the U.S. Environmental Protection Agency’s (EPA) Significant New Alternatives Policy (SNAP) program. This action lists as acceptable additional substitutes for use in the refrigeration and air conditioning; foam blowing; solvent cleaning; aerosols; and adhesives, coatings, and inks sectors. DATES: This determination is effective on July 16, 2015. ADDRESSES: EPA established a docket for this action under Docket ID No. EPA–HQ–OAR–2003–0118 (continuation of Air Docket A–91–42). All electronic documents in the docket SUMMARY: tkelley on DSK3SPTVN1PROD with RULES * Type VerDate Sep<11>2014 16:14 Jul 15, 2015 Jkt 235001 are listed in the index at www.regulations.gov. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Publicly available docket materials are available either electronically at www.regulations.gov or in hard copy at the EPA Air Docket (Nos. A–91–42 and EPA–HQ–OAR– 2003–0118), EPA Docket Center (EPA/ DC), William J. Clinton West, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20460. 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 Air Docket is (202) 566– 1742. FOR FURTHER INFORMATION CONTACT: Gerald Wozniak by telephone at (202) 343–9624, by email at wozniak.gerald@ epa.gov, or by mail at U.S. Environmental Protection Agency, Mail Code 6205T, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Overnight or courier deliveries should be sent to the office location at 1201 Constitution Avenue NW., Washington, DC 20004. For more information on the Agency’s process for administering the SNAP program or criteria for the evaluation of substitutes, refer to the original SNAP rulemaking published in the Federal Register on March 18, 1994 (59 FR 13,044). Notices and rulemakings under PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 the SNAP program, as well as other EPA publications on protection of stratospheric ozone, are available at EPA’s Ozone Depletion Web site at www.epa.gov/ozone/strathome.html including the SNAP portion at www.epa.gov/ozone/snap/. SUPPLEMENTARY INFORMATION: I. Listing of New Acceptable Substitutes A. Refrigeration and Air Conditioning B. Foam Blowing C. Solvent Cleaning D. Aerosols E. Adhesives, Coatings, and Inks II. Section 612 Program A. Statutory Requirements and Authority for the SNAP Program B. EPA’s Regulations Implementing Section 612 C. How the Regulations for the SNAP Program Work D. Additional Information about the SNAP Program Appendix A: Summary of Decisions for New Acceptable Substitutes I. Listing of New Acceptable Substitutes This action presents EPA’s most recent decision to list as acceptable several substitutes in the refrigeration and air conditioning; foam blowing; solvent cleaning; aerosols; and adhesives, coatings, and inks sectors. New substitutes are: • R–450A in new vending machines; • R–448A in several refrigeration and air conditioning end-uses; • R–513A in several refrigeration and air conditioning end-uses; • R–449A in several refrigeration and air conditioning end-uses; E:\FR\FM\16JYR1.SGM 16JYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42050-42053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17471]

-----------------------------------------------------------------------

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

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
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 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 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

[[Page 42051]]

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 Lancaster 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 Lancaster 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 Lancaster Area
for transportation conformity purposes. In addition, EPA is approving
the 2007 emissions inventory for the Lancaster 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 Lancaster Area pursuant to part D of the
CAA and approves certain emissions inventories and MVEBs for the
Lancaster 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 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 Lancaster Area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS and the comprehensive emissions inventory for
the Lancaster Area for both NAAQS, may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).

[[Page 42052]]

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: July 1, 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 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 Lancaster Area..... 4/30/14 7/16/15 [Insert See Sec.
PM2.5 Maintenance Plan and 2007 Federal Register 52.2036(x) and
Base Year Emissions Inventory. citation]. Sec. 52.2059(s)
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2036 is amended by adding paragraph (x) to read as
follows:

Sec. 52.2036 Base year emissions inventory.

* * * * *
(x) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2007 base year emissions inventory for the
Lancaster 1997 annual and 2006 24-hour fine particulate matter
(PM2.5) nonattainment area submitted by the Pennsylvania
Department of Environmental Protection on April 30, 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 (s) to read as
follows:

Sec. 52.2059 Control strategy: Particular matter.

* * * * *
(s) EPA approves the maintenance plan for the Lancaster
nonattainment area for the 1997 annual and 2006 24-hour fine
particulate matter (PM2.5) NAAQS submitted by the
Commonwealth of Pennsylvania on April 30, 2014. The maintenance plan
includes the 2017 and 2025 PM2.5 and nitrogen oxides
(NOX) mobile vehicle emissions budgets (MVEBs) to be applied
to all future transportation conformity determinations and analyses for
the Lancaster nonattainment area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.

Lancaster Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS for Lancaster
County in Tons per Year
----------------------------------------------------------------------------------------------------------------
Effective date of SIP
Type of control strategy SIP Year PM2.5 NOX approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan.................... 2017 249 6,916 July 16, 2015.
2025 185 4,447 July 16, 2015.
----------------------------------------------------------------------------------------------------------------

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 ``Lancaster, PA'' to read
as follows:

Sec. 81.339 Pennsylvania.

* * * * *

Pennsylvania--1997 Annual PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Lancaster, PA:
Lancaster County............ July 16, 2015........ Attainment ............... ...............

[[Page 42053]]

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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 Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Lancaster, PA:
Lancaster County............ July 16, 2015........ Attainment ............... ...............

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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. 2015-17471 Filed 7-15-15; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.