Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Approval of the Base Year Emissions Inventory for the Liberty-Clairton Nonattainment Area for the 2006 24-Hour Fine Particulate Matter Standard and Approval of Transportation Conformity Insignificance Findings for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standards for the Liberty-Clairton Nonattainment Area, 59615-59620 [2015-24877]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
[FR Doc. 2015–25037 Filed 10–1–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0470; FRL–9934–91–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Commonwealth of Pennsylvania;
Approval of the Base Year Emissions
Inventory for the Liberty-Clairton
Nonattainment Area for the 2006 24Hour Fine Particulate Matter Standard
and Approval of Transportation
Conformity Insignificance Findings for
the 1997 Annual and 2006 24-Hour Fine
Particulate Matter Standards for the
Liberty-Clairton Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve two revisions to the
Commonwealth of Pennsylvania
(Pennsylvania) State Implementation
Plan (SIP). The first revision consists of
the 2007 base year emissions inventory
for the Liberty-Clairton nonattainment
area (hereafter ‘‘the Liberty-Clairton
Area’’ or ‘‘the Area’’) with respect the
2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality
Standard (NAAQS or standard). The
second revision consists of
insignificance findings for the mobile
source contribution of PM2.5 and
nitrogen oxides (NOX) emissions for the
Liberty-Clairton Area for both the 1997
annual and 2006 24-hour PM2.5
standards. EPA is approving the 2007
base year emissions inventory for the
Liberty-Clairton Area for the 2006 24hour PM2.5 NAAQS. Furthermore, EPA
is finding the motor vehicle emission
inventories adequate for transportation
conformity purposes and is approving
the insignificance findings for the
mobile source contribution of PM2.5 and
NOX emissions for the Liberty-Clairton
Area for both the 1997 annual and 2006
24-hour PM2.5 standards. EPA is
approving these revisions in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on
December 1, 2015 without further
notice, unless EPA receives adverse
written comment by November 2, 2015.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
20:30 Oct 01, 2015
Jkt 238001
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2015–0470 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: Fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2015–0470,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2015–
0470. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI, or otherwise
protected, through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
59615
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 in www.regulations.gov or
in hard copy 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;
and at the Allegheny County Health
Department, Bureau of Environmental
Quality, Division of Air Quality, 301
39th Street, Pittsburgh, Pennsylvania
15201.
FOR FURTHER INFORMATION CONTACT:
´
Emlyn Velez-Rosa, (215) 814–2038, or
by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION: On June
21, 2013, the Commonwealth
Pennsylvania submitted, on behalf of
Allegheny County, a formal revision to
its SIP. The SIP revision consisted of the
2006 24-hour PM2.5 NAAQS attainment
plan for the Liberty-Clairton Area,
which included among other things, an
attainment demonstration, a 2007 base
year emissions inventory, a reasonably
available control measures (RACM)
analysis, and a description of
contingency measures. On July 31, 2014,
the SIP revision was supplemented to
include additional information
regarding control measures as part of the
attainment demonstration and
insignificance findings for
transportation conformity purposes for
both the 1997 and 2006 24-hour PM2.5
NAAQS.
Today’s action only pertains to the
approval of the 2007 base year
emissions inventory to satisfy the
requirement of section 172(c)(3) of the
CAA and the transportation conformity
insignificance findings to satisfy EPA’s
requirements at 40 CFR 93.118(e)(4) and
40 CFR 93.109(f).
I. Background
On July 16, 1997, EPA established an
annual PM2.5 NAAQS at 15.0
micrograms per cubic meter (mg/m3)
(hereafter referred to as ‘‘the 1997
annual PM2.5 NAAQS’’), based on a 3year average of annual mean PM2.5
concentrations (62 FR 38652, July 18,
1997). At that time, EPA also
established a 24-hour standard of 65 mg/
m3 (hereafter referred to as ‘‘the 1997
E:\FR\FM\02OCR1.SGM
02OCR1
asabaliauskas on DSK5VPTVN1PROD with RULES
59616
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
24-hour PM2.5 NAAQS’’). See 40 CFR
50.7. The 1997 PM2.5 standards were
based on significant evidence and
numerous health studies demonstrating
that serious health effects are associated
with exposures to particulate matter.
On January 5, 2005 (70 FR 944), EPA
published its nonattainment area
designations for the 1997 annual PM2.5
NAAQS based upon air quality
monitoring data for calendar years
2001–2003. These designations,
effective on April 5, 2005, included the
Liberty-Clairton Area as a
nonattainment area. The LibertyClairton Area for the 1997 annual PM2.5
NAAQS is comprised of the following
portion of Allegheny County: The
boroughs of Lincoln, Glassport, Liberty,
and Port Vue and the City of Clairton.
See 40 CFR 81.339 (Pennsylvania). The
Liberty-Clairton Area is surrounded by,
but separate and distinct from, the
Pittsburgh-Beaver Valley PM2.5
nonattainment area.
On September 21, 2006, EPA retained
the 1997 annual PM2.5 NAAQS at 15.0
mg/m3 (hereby ‘‘the 2006 annual PM2.5
NAAQS’’) based on a 3-year average of
annual mean PM2.5 concentrations, and
promulgated a new 24-hour standard of
35 mg/m3 (hereafter ‘‘the 2006 24-hour
PM2.5 NAAQS’’) based on a 3-year
average of the 98th percentile of 24-hour
concentrations (71 FR 61144, October
17, 2006). The revised 2006 24-hour
PM2.5 standard became effective on
December 18, 2006. See 40 CFR 50.13.
The more stringent 2006 24-hour PM2.5
NAAQS is based on significant evidence
and numerous health studies
demonstrating that serious health effects
are associated with short-term
exposures to PM2.5 at this level.
Many petitioners challenged aspects
of EPA’s 2006 revisions to the PM2.5
NAAQS. See American Farm Bureau
Federation and National Pork Producers
Council, et al. v. EPA, 559 F.3d 512
(D.C. Cir. 2009). As a result of this
challenge, the U.S. Court of Appeals for
the District of Columbia Circuit (DC
Circuit) remanded the 2006 annual
PM2.5 NAAQS to EPA for further
proceedings. The 2006 24-hour PM2.5
NAAQS was not affected by the remand
and remains in effect.
On November 13, 2009, EPA
published designations for the 2006 24hour PM2.5 NAAQS (74 FR 58688).
These designations, effective on
December 14, 2009, included the
Liberty-Clairton Area as a
nonattainment area for the 2006 24-hour
PM2.5 NAAQS, retaining the same
geographical boundaries as for the 1997
annual PM2.5 NAAQS. See 40 CFR
81.339 (Pennsylvania).
VerDate Sep<11>2014
20:30 Oct 01, 2015
Jkt 238001
A nonattainment designation under
the CAA triggers additional planning
requirements for states to show
attainment of the NAAQS in the
nonattainment areas by a statutory
attainment date, as specified in the
CAA. Since 2005, EPA had
implemented the 1997 and 2006 PM2.5
NAAQS based on the general
implementation provisions of subpart 1
of Part D of Title I of the CAA (subpart
1). On January 4, 2013, in Natural
Resources Defense Council v. EPA
(NRDC v. EPA), the DC Circuit
determined that EPA should be
implementing its PM2.5 pollution
standard under additional CAA
requirements than those EPA had been
following in subpart 1 and remanded to
EPA the ‘‘Final Clean Air Fine Particle
Implementation Rule’’ (1997 PM2.5
Implementation Rule) (72 FR 20586,
April 25, 2007) and the
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)’’ final rule (2008 NSR PM2.5
Rule).1 706 F.3d 428 (D.C. Cir. 2013).
The DC Circuit found that the EPA erred
in implementing the 1997 annual PM2.5
NAAQS solely pursuant to subpart 1,
without consideration of the particulate
matter specific provisions of subpart 4
of Part D of Title I of the CAA (subpart
4).
While the regulatory provisions of
EPA’s 1997 PM2.5 Implementation Rule
do not explicitly apply to the 2006 24hour PM2.5 NAAQS, EPA’s underlying
statutory interpretation has been the
same for both standards. On March 2,
2012, EPA provided implementation
guidance for the 2006 24-hour PM2.5
NAAQS which reaffirmed and
continued the framework and policy
approaches of the 1997 PM2.5
Implementation Rule. On June 6, 2013,
EPA withdrew the implementation
guidance for the 2006 24-hour PM2.5
NAAQS, subsequent to the DC Circuit’s
decision in NRDC v. EPA.2
Although the DC Circuit declined to
establish a deadline for EPA’s response,
EPA intends to respond promptly to the
Court’s remand and to promulgate new
generally applicable implementation
regulations for the PM2.5 NAAQS in
accordance with the requirements of
subparts 1 and 4. In the interim,
however, states and EPA still need to
proceed with implementation of the
1 EPA’s 2008 NSR PM
2.5 Rule relates to
requirements for the NSR permitting program
required by parts C and D of title I of the CAA. The
details and provisions of the 2008 NSR PM2.5 Rule
are not relevant to this rulemaking.
2 EPA’s June 6, 2013 withdrawal memorandum is
available at https://www.epa.gov/ttn/naaqs/pm/pdfs/
implementationguidancewithdrawmemo.pdf.
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
PM2.5 NAAQS in a timely and effective
fashion in order to meet statutory
obligations under the CAA and to assure
the protection of public health intended
by those NAAQS.
The statutory provisions in subpart 4
require EPA, among other things, to
classify nonattainment areas for the
PM2.5 NAAQS based on the severity of
their pollution problem. Under EPA’s
prior approach to implementing the
1997 annual and 2006 24-hour PM2.5
standards according to subpart 1, EPA
was not required to, and thus did not,
identify any classifications for areas
designated nonattainment. In contrast,
subpart 4 of the CAA, at section 188,
provides that all areas designated
nonattainment are initially classified
‘‘by operation of law’’ as ‘‘Moderate’’
nonattainment areas, and they remain
classified as Moderate nonattainment
areas unless and until EPA later
reclassifies them as Serious
nonattainment areas or EPA determines
that an area has not attained the PM2.5
NAAQS by the area’s applicable
attainment date.
On April 25, 2014, EPA finalized a
rule identifying the classification of all
PM2.5 areas currently designated
nonattainment for the 1997 annual and
2006 24-hour PM2.5 NAAQS as
‘‘Moderate,’’ consistent with subpart 4
of the CAA. See 79 FR 31566 (June 2,
2014). Consequently, the LibertyClairton Area was classified as Moderate
for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
On July 10, 2015 (80 FR 39696), EPA
determined that the Liberty-Clairton
Area had attained the 2006 24-hour
PM2.5 NAAQS, based on quality-assured
and certified ambient air quality data for
the 2012–2014 monitoring period. This
‘‘clean data determination’’ suspended
Pennsylvania’s obligations to submit for
the Liberty-Clairton Area an attainment
demonstration, reasonably available
control measures (RACM), reasonable
further progress (RFP), and contingency
measures for the 2006 24-hour PM2.5
NAAQS pursuant to subparts 1 and 4 of
the CAA, for so long as the Area
continues to attain the standard.
EPA incorporated its Clean Data
Policy interpretation in both its 8-Hour
Ozone Implementation Rule in 40 CFR
51.918 and in its 1997 PM2.5
Implementation Rule in 40 CFR
51.1004(c). See 72 FR 20585, 20665
(April 25, 2007). While the DC Circuit
in its January 4, 2013 decision
remanded the 1997 PM2.5
Implementation Rule, the Court did not
address the merits of that regulation
regarding our Clean Data Policy in 40
CFR 51.1004(c), nor cast any doubt on
EPA’s existing interpretation of the
E:\FR\FM\02OCR1.SGM
02OCR1
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
statutory provisions for the Clean Data
Policy.3
After EPA’s final clean data
determination for the Liberty-Clairton
Area for the 2006 24-hour PM2.5
NAAQS, effective on August 10, 2015,
the only pending statutory requirement
for the Area relates to emissions
inventories pursuant to section 172(c)(3)
of subpart 1 of the CAA. Specifically,
section 172(c)(3) of the CAA requires
states to submit a comprehensive,
accurate, and current inventory of actual
emissions for each nonattainment area.
EPA’s requirements for an emissions
inventory for the PM2.5 NAAQS are set
forth in 40 CFR 51.1008.
(ACHD), as part of the June 21, 2013 SIP
revision to demonstrate attainment of
the 2006 24-hour PM2.5 NAAQS for the
Liberty-Clairton Area. The June 21, 2013
SIP revision was amended on July 31,
2015 to include, among other things, the
transportation conformity insignificance
findings for both the 1997 annual and
2006 24-hour PM2.5 NAAQS. In this
rulemaking action, EPA is only acting
on the portions of the submittals
corresponding to the 2007 base year
emissions inventory and the
transportation conformity insignificance
findings. A brief summary of the SIP
revisions is provided in this section.
II. Summary of SIP Revision
The 2007 base year emissions
inventory for the Liberty-Clairton Area
intends to satisfy the requirements of
section 172(c)(4) of the CAA for the
2006 24-hour PM2.5 NAAQS. The 2007
base year emissions inventory includes
emissions estimates that cover the
As discussed earlier, the LibertyClairton’s base year emissions inventory
was submitted by Pennsylvania
Department of the Environmental
Protection (PADEP), on behalf of
Allegheny County Health Department
A. Base Year Emissions Inventory
59617
general source categories of point
sources, area sources, non-road mobile
sources, and on-road mobile sources.
The pollutants that comprise the
inventory are NOX, volatile organic
compounds (VOC), PM2.5, coarse
particles (PM10), ammonia, and sulfur
dioxide (SO2). ACHD selected 2007 as
the base year for the emissions
inventory, in accordance with 40 CFR
51.1008(b).
The 2007 emissions inventory
submitted is the most current accurate
and comprehensive actual emissions
inventory of direct PM2.5, PM10, NOX,
SO2, VOC, and ammonia for the LibertyClairton Area with respect the 2006 24hour PM2.5 NAAQS. The actual
emissions were estimated based on
pollutant emission factors and
throughputs or capacities of each
emission source. A summary of the
Liberty-Clairton’s 2007 base year
emissions inventory is provided in
Table 1.
TABLE 1—2007 BASE YEAR EMISSIONS INVENTORY FOR THE LIBERTY-CLAIRTON AREA FOR THE 2006 24-HOUR PM2.5
NAAQS
[Tons/Year]
PM2.5
PM10
SO2
NOX
VOC
Ammonia
Point Sources ...........................................
Area Sources ...........................................
Nonroad Sources .....................................
Mobile Sources ........................................
946.6
26.3
15.0
9.9
1136.9
50.5
15.9
10.4
1741.3
50.1
17.2
2.1
4841.9
38.8
437.9
274.3
590.5
255.9
86.6
172.5
18.4
4.2
0.2
4.7
Totals ................................................
997.8
1213.8
1810.9
5592.9
1105.6
27.5
EPA has reviewed the procedures and
methodologies used by ACHD for the
2007 base year emissions inventory
submitted as part of the June 21, 2013
SIP revision and finds the inventory
approvable. Further analysis of the
emissions inventory development can
be found in technical support document
(TSD) dated August 12, 2015 included
as part of the docket for this rulemaking
action.
asabaliauskas on DSK5VPTVN1PROD with RULES
B. Transportation Conformity
Insignificance Determinations
Transportation conformity is required
under section 176(c) of the CAA to
ensure that federally supported
highway, transit projects, and other
activities are consistent with (conform
to) the purpose of the SIP. The CAA
requires federal actions in
nonattainment and maintenance areas to
‘‘conform to’’ the goals of SIP. This
means that such actions will not cause
or contribute to violations of a NAAQS;
3 EPA addressed the effects of a final
determination of attainment under the Clean Data
Policy for the Liberty-Clairton Area as a 2006 24-
VerDate Sep<11>2014
20:30 Oct 01, 2015
Jkt 238001
worsen the severity of an existing
violation; or delay timely attainment of
any NAAQS or any interim milestone.
Actions involving Federal Highway
Administration (FHWA) or Federal
Transit Administration (FTA) funding
or approval are subject to the
Transportation Conformity Rule (40 CFR
part 93, subpart A). Under this rule,
metropolitan planning organizations
(MPOs) in nonattainment and
maintenance areas coordinate with state
air quality and transportation agencies,
EPA, FHWA, and FTA to demonstrate
that their metropolitan transportation
plans and transportation improvement
plans (TIPs) conform to applicable SIPs.
This is typically determined by showing
that estimated emissions from existing
and planned highway and transit
systems are less than or equal to the
motor vehicle emissions budgets
(MVEBs) contained in a SIP.
For MVEBs to be approvable, they
must meet, at a minimum, EPA’s
adequacy criteria found at 40 CFR
93.118(e)(4). However, the
Transportation Conformity Rule at 40
CFR 93.109(f) allows areas to forgo
establishment of a budget(s) where it is
demonstrated that regional motor
vehicle emissions for a particular
pollutant or precursor pollutant are an
insignificant contributor to the air
quality problem in the area. The general
criteria for insignificance
determinations per 40 CFR 93.109(f) are
based on a number of factors, including:
(1) The percentage of motor vehicle
emissions in context of the total SIP
inventory; (2) the current state of air
quality as determined by monitoring
data for that NAAQS; (3) the absence of
SIP motor vehicle control measures; and
(4) historical trends and future
projections of the growth of motor
vehicle emissions in the area.
The Liberty-Clairton’s attainment
demonstration for the 2006 24-hour
PM2.5 NAAQS submitted by the
hour PM2.5 moderate nonattainment area under
subpart 4 in the notice of proposed rulemaking for
the Area’s determination of attainment. See 80 FR
22666 (April 23, 2015).
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
E:\FR\FM\02OCR1.SGM
02OCR1
asabaliauskas on DSK5VPTVN1PROD with RULES
59618
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
Commonwealth of Pennsylvania, on
behalf of Allegheny County, includes a
request for EPA to make insignificance
findings for NOX and directly emitted
PM2.5 for the Area for both the 1997
annual and 2006 24-hour PM2.5 NAAQS.
Pursuant to Section 93.118(e)(4) and
93.109(f) of the Transportation
Conformity Rule, EPA has reviewed the
Commonwealth of Pennsylvania’s
justification for the findings of
insignificance for direct PM2.5 and also
for NOX as a precursor of PM2.5 in the
Liberty-Clairton Area for both the 1997
annual and 2006 24-hour PM2.5 NAAQS.
EPA agrees with Pennsylvania’s
conclusion that on-road emissions of
PM2.5 and NOX in the Liberty-Clairton
Area are insignificant for transportation
conformity purposes for both NAAQS.
EPA bases these findings on several
factors: (1) The fact that the motor
vehicle emissions constitute a low
percentage of the total SIP inventory. In
particular, for the 2007 base year, the
direct PM onroad mobile source
constitutes 0.99 percent (%) of the
Liberty-Clairton Area’s total PM2.5
emissions and decreases in the later
analysis year to 0.88% (2014). For the
2007 base year, the NOX onroad mobile
source constitutes 4.9% of the Area’s
total NOX emissions and decreases in
the later analysis year to 3.07% (2014);
(2) The fact that the Liberty-Clairton
Area has been determined to attain the
1997 annual PM2.5 standard (October 25,
2013, 78 FR 63881) and the 2006 24hour PM2.5 standard (July 10, 2015, 80
FR 39696), and continues to attain the
standards with the most recent three
years of complete, quality-assured
monitoring data; (3) The absence of
local on-road control measures; and (4)
The continued downward trend,
historically and in modeled future
projections, of on-road NOX and PM2.5
emissions.
With regard to on-road emissions of
SO2, VOC, and ammonia, Allegheny
County did not provide an
insignificance demonstration because it
concluded, consistent with EPA’s
presumptions regarding these PM2.5
precursors, that the emissions of these
precursors from motor vehicles are not
significant contributors to the LibertyClairton Area’s PM2.5 air quality
problem. Therefore, EPA finds adequate,
and is also approving as SIP revision,
Pennsylvania’s insignificance
determinations for the Liberty-Clairton
Area with respect both the 1997 annual
and 2006 24-hour PM2.5 standards.
Additional information pertaining to the
review of the motor vehicle emission
inventories can be found in the TSD
dated August 27, 2015, as part of the
docket for this final rulemaking action.
VerDate Sep<11>2014
20:30 Oct 01, 2015
Jkt 238001
In this direct final rulemaking action,
EPA is initiating the process for
determining whether or not the motor
vehicle emission inventories are
adequate for transportation conformity
purposes. The publication of this
document starts a 30-day public
comment period on the adequacy of the
submitted motor vehicle emission
inventories. This comment period is
concurrent with the comment period on
this direct final rulemaking action. Any
comments on the motor vehicle
emission inventories should be
submitted to the docket for this
rulemaking. The public can find the
posting of these motor vehicle emissions
inventories on EPA’s adequacy Web
page (https://www.epa.gov/otaq/
stateresources/transconf/
adequacy.htm). The adequacy of the
motor vehicle emission inventories as
well as the approval of the findings of
insignificance will become effective
upon the effective date of this direct
final rulemaking action. Upon the
effective date of this direct final
rulemaking action, the Liberty-Clairton
Area is no longer required to perform a
regional emissions analysis for directly
emitted PM2.5, or NOX, as part of future
PM2.5 conformity determinations for the
1997 annual and 2006 24-hour PM2.5
NAAQS.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on
December 1, 2015 without further notice
unless EPA receives adverse comment
by November 2, 2015. If EPA receives
adverse comment, EPA will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. EPA will
address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
IV. 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
III. Final Action
those imposed by state law. For that
EPA is approving as a revision to the
reason, this action:
Pennsylvania SIP the Liberty-Clairton
• Is not a ‘‘significant regulatory
Area’s 2007 base year emissions
action’’ subject to review by the Office
inventory for the 2006 24-hour PM2.5
of Management and Budget under
NAAQS submitted as part of the June
Executive Order 12866 (58 FR 51735,
21, 2013 SIP revision. EPA finds that the October 4, 1993);
2007 base year emissions inventory
• does not impose an information
satisfies the requirements of 40 CFR
collection burden under the provisions
51.1008 and section 172(c)(3) of the
of the Paperwork Reduction Act (44
CAA for the 2006 24-hour PM2.5 NAAQS U.S.C. 3501 et seq.);
for the Liberty-Clairton Area. EPA finds
• is certified as not having a
adequate and is also approving as a
significant economic impact on a
revision to the SIP Pennsylvania’s
substantial number of small entities
determinations for both the 1997 annual under the Regulatory Flexibility Act (5
and 2006 24-hour PM2.5 standards that
U.S.C. 601 et seq.);
onroad emissions of PM2.5 and NOX are
• does not contain any unfunded
insignificant contributors to PM2.5
mandate or significantly or uniquely
concentrations in the Liberty-Clairton
affect small governments, as described
Area for transportation conformity
in the Unfunded Mandates Reform Act
purposes, as submitted as part of the
of 1995 (Pub. L. 104–4);
July 31, 2014 supplemental SIP revision.
• does not have Federalism
Upon the effective date of this direct
implications as specified in Executive
final rulemaking action, the LibertyOrder 13132 (64 FR 43255, August 10,
Clairton Area is no longer required to
1999);
perform a regional emissions analysis
• is not an economically significant
for directly emitted PM2.5, or NOX, as
regulatory action based on health or
part of future PM2.5 conformity
safety risks subject to Executive Order
determinations for the 1997 annual and
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
2006 24-hour PM2.5 NAAQS.
EPA is publishing this rule without
subject to Executive Order 13211 (66 FR
prior proposal because EPA views this
28355, May 22, 2001);
• is not subject to requirements of
as a noncontroversial amendment and
Section 12(d) of the National
anticipates no adverse comment.
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
E:\FR\FM\02OCR1.SGM
02OCR1
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
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.
asabaliauskas on DSK5VPTVN1PROD with RULES
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
VerDate Sep<11>2014
20:30 Oct 01, 2015
Jkt 238001
59619
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).
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
C. Petitions for Judicial Review
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Sulfur oxides, Volatile organic
compounds.
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 December 1, 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, approving the 2007 base year
emissions inventory for the LibertyClairton Area with respect the 2006 24hour PM2.5 NAAQS and the
transportation conformity insignificance
findings for the Liberty-Clairton Area
with respect the 1997 annual and 2006
24-hour PM2.5 NAAQS, may not be
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
List of Subjects in 40 CFR Part 52
Dated: September 16, 2015.
Shawn M. Garvin,
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 an entry for
the 2007 Base Year Emissions Inventory
for the 2006 PM2.5 NAAQS for the
Liberty-Clairton PM2.5 Nonattainment
Area at the end of the table to reads as
follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
E:\FR\FM\02OCR1.SGM
02OCR1
*
*
59620
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
Name of
non-regulatory
SIP revision
*
2007 Base Year
Emissions Inventory for the 2006
PM2.5 NAAQS.
*
*
*
Liberty-Clairton PM2.5 Nonattainment Area .................................
*
*
*
*
*
3. Section 52.2036 is amended by
adding paragraph (y) to read as follows:
■
§ 52.2036
Base year emissions inventory.
*
*
*
*
*
(y) EPA approves as a revision to the
Pennsylvania State Implementation Plan
the 2007 base year emissions inventory
for the Liberty-Clairton 2006 24-hour
PM2.5 nonattainment area submitted by
the Pennsylvania Department of
Environmental Protection, on behalf of
Allegheny County Health Department,
on June 21, 2013. 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, NOX, VOCs,
NH3, and SO2.
[FR Doc. 2015–24877 Filed 10–1–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2014–0916; FRL–9934–83–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; South
Dakota; Revisions to South Dakota
Administrative Code
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
asabaliauskas on DSK5VPTVN1PROD with RULES
20:30 Oct 01, 2015
Jkt 238001
*
action is being taken in accordance with
section 110 of the Clean Air Act (CAA).
DATES: This final rule is effective on
November 2, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification Number EPA–R08–OAR–
2014–0916. All documents in the docket
are listed on the https://
www.regulations.gov index. Although
listed in the index, some information
may not be publicly available, e.g.,
Confidential Business Information or
other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop, Denver, Colorado 80202–
1129, (303) 312–7104, clark.adam@
epa.gov.
SUPPLEMENTARY INFORMATION:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of South Dakota
on July 29, 2013. This SIP submission
revises the Administrative Rules of
South Dakota (ARSD) Article 74:36—Air
Pollution Control Program. These
revisions include renumbering,
revisions to the date of incorporation by
reference of the federal regulations
referenced throughout ARSD Article
74:36, and removal of obsolete language
regarding variance provisions and clean
units. EPA is also clarifying a final rule
issued on January 29, 2015 pertaining to
South Dakota’s infrastructure SIP. This
SUMMARY:
VerDate Sep<11>2014
State submittal
date
Applicable geographic area
I. Background
South Dakota’s July 29, 2013
submittal covers the following rule
changes: (1) Removal of obsolete
language regarding variance provisions
and clean units, and renumbering to
reflect the deletions; and (2) Revisions
to the date of federal regulations
referenced throughout ARSD Article
74:36 to July 1, 2012. A cross-walk table
that identifies EPA’s action on South
Dakota’s revisions is included in the
docket for this rulemaking.
South Dakota’s July 29, 2013
submittal also requests EPA approval of
rule revisions for provisions that are not
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
6/21/13
EPA approval date
Additional
explanation
*
10/2/15 [Insert Federal Register citation].
*
required to be included in SIPs under
section 110 of the CAA, most notably
additions to the State’s New Source
Performance Standards, National
Emissions Standards for Hazardous Air
Pollutants and Title V permitting. These
revisions, on which EPA is not taking
action, are outlined in the cross-walk
table located in the docket for this
rulemaking.
II. What action is EPA taking?
EPA is finalizing action on South
Dakota’s July 29, 2013 submittal as
outlined in Section III. of the proposal
published on July 14, 2015, with one
exception; EPA’s proposed approval of
South Dakota’s updates to 74:36:05,
‘‘Operating Permits for Part 70 Sources,’’
as part of its July 14, 2015 action (80 FR
40953). EPA published a notice of
correction of the proposal on August 24,
2015 (80 FR 51152), because CAA Title
V requirements are not subject to
Section 110 of the Clean Air Act and are
thus not required to be incorporated
into a SIP. Therefore, EPA is not taking
any action on South Dakota’s updates to
74:36:05.
III. Clarification of January 29, 2015
Final Action
Under CAA sections 110(a)(1) and (2),
states are required to submit
infrastructure SIPs to ensure their SIPs
provide for implementation,
maintenance, and enforcement of the
National Ambient Air Quality Standards
(NAAQS). On January 29, 2015, EPA
took final action on the infrastructure
submittals which addressed several
different NAAQS from the State of
South Dakota (80 FR 4799). As part of
the January 29, 2015 action, EPA
approved South Dakota’s 1997 PM2.5
NAAQS interstate transport
infrastructure sub-element (CAA section
110(a)(2)(D)(i)(II)). However, EPA had
already approved this sub-element in a
final rulemaking on May 8, 2008 (73 FR
26019, effective July 7, 2008). Therefore,
in this action EPA is clarifying that no
action was required on this sub-element
for this NAAQS in the January 29, 2015
approval of CAA section
110(a)(2)(D)(i)(II) for the 1997 PM2.5
E:\FR\FM\02OCR1.SGM
02OCR1
]]>Agencies
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59615-59620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24877]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0470; FRL-9934-91-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Approval of the Base Year Emissions
Inventory for the Liberty-Clairton Nonattainment Area for the 2006 24-
Hour Fine Particulate Matter Standard and Approval of Transportation
Conformity Insignificance Findings for the 1997 Annual and 2006 24-Hour
Fine Particulate Matter Standards for the Liberty-Clairton
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve two revisions to the Commonwealth of
Pennsylvania (Pennsylvania) State Implementation Plan (SIP). The first
revision consists of the 2007 base year emissions inventory for the
Liberty-Clairton nonattainment area (hereafter ``the Liberty-Clairton
Area'' or ``the Area'') with respect the 2006 24-hour fine particulate
matter (PM2.5) National Ambient Air Quality Standard (NAAQS
or standard). The second revision consists of insignificance findings
for the mobile source contribution of PM2.5 and nitrogen
oxides (NOX) emissions for the Liberty-Clairton Area for
both the 1997 annual and 2006 24-hour PM2.5 standards. EPA
is approving the 2007 base year emissions inventory for the Liberty-
Clairton Area for the 2006 24-hour PM2.5 NAAQS. Furthermore,
EPA is finding the motor vehicle emission inventories adequate for
transportation conformity purposes and is approving the insignificance
findings for the mobile source contribution of PM2.5 and
NOX emissions for the Liberty-Clairton Area for both the
1997 annual and 2006 24-hour PM2.5 standards. EPA is
approving these revisions in accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on December 1, 2015 without further
notice, unless EPA receives adverse written comment by November 2,
2015. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0470 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: Fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2015-0470, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0470. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI, or otherwise protected, through www.regulations.gov or email.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy 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; and at the Allegheny County
Health Department, Bureau of Environmental Quality, Division of Air
Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION: On June 21, 2013, the Commonwealth
Pennsylvania submitted, on behalf of Allegheny County, a formal
revision to its SIP. The SIP revision consisted of the 2006 24-hour
PM2.5 NAAQS attainment plan for the Liberty-Clairton Area,
which included among other things, an attainment demonstration, a 2007
base year emissions inventory, a reasonably available control measures
(RACM) analysis, and a description of contingency measures. On July 31,
2014, the SIP revision was supplemented to include additional
information regarding control measures as part of the attainment
demonstration and insignificance findings for transportation conformity
purposes for both the 1997 and 2006 24-hour PM2.5 NAAQS.
Today's action only pertains to the approval of the 2007 base year
emissions inventory to satisfy the requirement of section 172(c)(3) of
the CAA and the transportation conformity insignificance findings to
satisfy EPA's requirements at 40 CFR 93.118(e)(4) and 40 CFR 93.109(f).
I. Background
On July 16, 1997, EPA established an annual PM2.5 NAAQS
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to
as ``the 1997 annual PM2.5 NAAQS''), based on a 3-year
average of annual mean PM2.5 concentrations (62 FR 38652,
July 18, 1997). At that time, EPA also established a 24-hour standard
of 65 [mu]g/m\3\ (hereafter referred to as ``the 1997
[[Page 59616]]
24-hour PM2.5 NAAQS''). See 40 CFR 50.7. The 1997
PM2.5 standards were based on significant evidence and
numerous health studies demonstrating that serious health effects are
associated with exposures to particulate matter.
On January 5, 2005 (70 FR 944), EPA published its nonattainment
area designations for the 1997 annual PM2.5 NAAQS based upon
air quality monitoring data for calendar years 2001-2003. These
designations, effective on April 5, 2005, included the Liberty-Clairton
Area as a nonattainment area. The Liberty-Clairton Area for the 1997
annual PM2.5 NAAQS is comprised of the following portion of
Allegheny County: The boroughs of Lincoln, Glassport, Liberty, and Port
Vue and the City of Clairton. See 40 CFR 81.339 (Pennsylvania). The
Liberty-Clairton Area is surrounded by, but separate and distinct from,
the Pittsburgh-Beaver Valley PM2.5 nonattainment area.
On September 21, 2006, EPA retained the 1997 annual
PM2.5 NAAQS at 15.0 [mu]g/m\3\ (hereby ``the 2006 annual
PM2.5 NAAQS'') based on a 3-year average of annual mean
PM2.5 concentrations, and promulgated a new 24-hour standard
of 35 [mu]g/m\3\ (hereafter ``the 2006 24-hour PM2.5
NAAQS'') based on a 3-year average of the 98th percentile of 24-hour
concentrations (71 FR 61144, October 17, 2006). The revised 2006 24-
hour PM2.5 standard became effective on December 18, 2006.
See 40 CFR 50.13. The more stringent 2006 24-hour PM2.5
NAAQS is based on significant evidence and numerous health studies
demonstrating that serious health effects are associated with short-
term exposures to PM2.5 at this level.
Many petitioners challenged aspects of EPA's 2006 revisions to the
PM2.5 NAAQS. See American Farm Bureau Federation and
National Pork Producers Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir.
2009). As a result of this challenge, the U.S. Court of Appeals for the
District of Columbia Circuit (DC Circuit) remanded the 2006 annual
PM2.5 NAAQS to EPA for further proceedings. The 2006 24-hour
PM2.5 NAAQS was not affected by the remand and remains in
effect.
On November 13, 2009, EPA published designations for the 2006 24-
hour PM2.5 NAAQS (74 FR 58688). These designations,
effective on December 14, 2009, included the Liberty-Clairton Area as a
nonattainment area for the 2006 24-hour PM2.5 NAAQS,
retaining the same geographical boundaries as for the 1997 annual
PM2.5 NAAQS. See 40 CFR 81.339 (Pennsylvania).
A nonattainment designation under the CAA triggers additional
planning requirements for states to show attainment of the NAAQS in the
nonattainment areas by a statutory attainment date, as specified in the
CAA. Since 2005, EPA had implemented the 1997 and 2006 PM2.5
NAAQS based on the general implementation provisions of subpart 1 of
Part D of Title I of the CAA (subpart 1). On January 4, 2013, in
Natural Resources Defense Council v. EPA (NRDC v. EPA), the DC Circuit
determined that EPA should be implementing its PM2.5
pollution standard under additional CAA requirements than those EPA had
been following in subpart 1 and remanded to EPA the ``Final Clean Air
Fine Particle Implementation Rule'' (1997 PM2.5
Implementation Rule) (72 FR 20586, April 25, 2007) and the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' final rule (2008
NSR PM2.5 Rule).\1\ 706 F.3d 428 (D.C. Cir. 2013). The DC
Circuit found that the EPA erred in implementing the 1997 annual
PM2.5 NAAQS solely pursuant to subpart 1, without
consideration of the particulate matter specific provisions of subpart
4 of Part D of Title I of the CAA (subpart 4).
---------------------------------------------------------------------------
\1\ EPA's 2008 NSR PM2.5 Rule relates to requirements
for the NSR permitting program required by parts C and D of title I
of the CAA. The details and provisions of the 2008 NSR
PM2.5 Rule are not relevant to this rulemaking.
---------------------------------------------------------------------------
While the regulatory provisions of EPA's 1997 PM2.5
Implementation Rule do not explicitly apply to the 2006 24-hour
PM2.5 NAAQS, EPA's underlying statutory interpretation has
been the same for both standards. On March 2, 2012, EPA provided
implementation guidance for the 2006 24-hour PM2.5 NAAQS
which reaffirmed and continued the framework and policy approaches of
the 1997 PM2.5 Implementation Rule. On June 6, 2013, EPA
withdrew the implementation guidance for the 2006 24-hour
PM2.5 NAAQS, subsequent to the DC Circuit's decision in NRDC
v. EPA.\2\
---------------------------------------------------------------------------
\2\ EPA's June 6, 2013 withdrawal memorandum is available at
https://www.epa.gov/ttn/naaqs/pm/pdfs/implementationguidancewithdrawmemo.pdf.
---------------------------------------------------------------------------
Although the DC Circuit declined to establish a deadline for EPA's
response, EPA intends to respond promptly to the Court's remand and to
promulgate new generally applicable implementation regulations for the
PM2.5 NAAQS in accordance with the requirements of subparts
1 and 4. In the interim, however, states and EPA still need to proceed
with implementation of the PM2.5 NAAQS in a timely and
effective fashion in order to meet statutory obligations under the CAA
and to assure the protection of public health intended by those NAAQS.
The statutory provisions in subpart 4 require EPA, among other
things, to classify nonattainment areas for the PM2.5 NAAQS
based on the severity of their pollution problem. Under EPA's prior
approach to implementing the 1997 annual and 2006 24-hour
PM2.5 standards according to subpart 1, EPA was not required
to, and thus did not, identify any classifications for areas designated
nonattainment. In contrast, subpart 4 of the CAA, at section 188,
provides that all areas designated nonattainment are initially
classified ``by operation of law'' as ``Moderate'' nonattainment areas,
and they remain classified as Moderate nonattainment areas unless and
until EPA later reclassifies them as Serious nonattainment areas or EPA
determines that an area has not attained the PM2.5 NAAQS by
the area's applicable attainment date.
On April 25, 2014, EPA finalized a rule identifying the
classification of all PM2.5 areas currently designated
nonattainment for the 1997 annual and 2006 24-hour PM2.5
NAAQS as ``Moderate,'' consistent with subpart 4 of the CAA. See 79 FR
31566 (June 2, 2014). Consequently, the Liberty-Clairton Area was
classified as Moderate for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
On July 10, 2015 (80 FR 39696), EPA determined that the Liberty-
Clairton Area had attained the 2006 24-hour PM2.5 NAAQS,
based on quality-assured and certified ambient air quality data for the
2012-2014 monitoring period. This ``clean data determination''
suspended Pennsylvania's obligations to submit for the Liberty-Clairton
Area an attainment demonstration, reasonably available control measures
(RACM), reasonable further progress (RFP), and contingency measures for
the 2006 24-hour PM2.5 NAAQS pursuant to subparts 1 and 4 of
the CAA, for so long as the Area continues to attain the standard.
EPA incorporated its Clean Data Policy interpretation in both its
8-Hour Ozone Implementation Rule in 40 CFR 51.918 and in its 1997
PM2.5 Implementation Rule in 40 CFR 51.1004(c). See 72 FR
20585, 20665 (April 25, 2007). While the DC Circuit in its January 4,
2013 decision remanded the 1997 PM2.5 Implementation Rule,
the Court did not address the merits of that regulation regarding our
Clean Data Policy in 40 CFR 51.1004(c), nor cast any doubt on EPA's
existing interpretation of the
[[Page 59617]]
statutory provisions for the Clean Data Policy.\3\
---------------------------------------------------------------------------
\3\ EPA addressed the effects of a final determination of
attainment under the Clean Data Policy for the Liberty-Clairton Area
as a 2006 24-hour PM2.5 moderate nonattainment area under
subpart 4 in the notice of proposed rulemaking for the Area's
determination of attainment. See 80 FR 22666 (April 23, 2015).
---------------------------------------------------------------------------
After EPA's final clean data determination for the Liberty-Clairton
Area for the 2006 24-hour PM2.5 NAAQS, effective on August
10, 2015, the only pending statutory requirement for the Area relates
to emissions inventories pursuant to section 172(c)(3) of subpart 1 of
the CAA. Specifically, section 172(c)(3) of the CAA requires states to
submit a comprehensive, accurate, and current inventory of actual
emissions for each nonattainment area. EPA's requirements for an
emissions inventory for the PM2.5 NAAQS are set forth in 40
CFR 51.1008.
II. Summary of SIP Revision
As discussed earlier, the Liberty-Clairton's base year emissions
inventory was submitted by Pennsylvania Department of the Environmental
Protection (PADEP), on behalf of Allegheny County Health Department
(ACHD), as part of the June 21, 2013 SIP revision to demonstrate
attainment of the 2006 24-hour PM2.5 NAAQS for the Liberty-
Clairton Area. The June 21, 2013 SIP revision was amended on July 31,
2015 to include, among other things, the transportation conformity
insignificance findings for both the 1997 annual and 2006 24-hour
PM2.5 NAAQS. In this rulemaking action, EPA is only acting
on the portions of the submittals corresponding to the 2007 base year
emissions inventory and the transportation conformity insignificance
findings. A brief summary of the SIP revisions is provided in this
section.
A. Base Year Emissions Inventory
The 2007 base year emissions inventory for the Liberty-Clairton
Area intends to satisfy the requirements of section 172(c)(4) of the
CAA for the 2006 24-hour PM2.5 NAAQS. The 2007 base year
emissions inventory includes emissions estimates that cover the general
source categories of point sources, area sources, non-road mobile
sources, and on-road mobile sources. The pollutants that comprise the
inventory are NOX, volatile organic compounds (VOC),
PM2.5, coarse particles (PM10), ammonia, and
sulfur dioxide (SO2). ACHD selected 2007 as the base year
for the emissions inventory, in accordance with 40 CFR 51.1008(b).
The 2007 emissions inventory submitted is the most current accurate
and comprehensive actual emissions inventory of direct
PM2.5, PM10, NOX, SO2, VOC,
and ammonia for the Liberty-Clairton Area with respect the 2006 24-hour
PM2.5 NAAQS. The actual emissions were estimated based on
pollutant emission factors and throughputs or capacities of each
emission source. A summary of the Liberty-Clairton's 2007 base year
emissions inventory is provided in Table 1.
Table 1--2007 Base Year Emissions Inventory for the Liberty-Clairton Area for the 2006 24-hour PM2.5 NAAQS
[Tons/Year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
PM2.5 PM10 SO2 NOX VOC Ammonia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources........................................... 946.6 1136.9 1741.3 4841.9 590.5 18.4
Area Sources............................................ 26.3 50.5 50.1 38.8 255.9 4.2
Nonroad Sources......................................... 15.0 15.9 17.2 437.9 86.6 0.2
Mobile Sources.......................................... 9.9 10.4 2.1 274.3 172.5 4.7
-----------------------------------------------------------------------------------------------
Totals.............................................. 997.8 1213.8 1810.9 5592.9 1105.6 27.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA has reviewed the procedures and methodologies used by ACHD for
the 2007 base year emissions inventory submitted as part of the June
21, 2013 SIP revision and finds the inventory approvable. Further
analysis of the emissions inventory development can be found in
technical support document (TSD) dated August 12, 2015 included as part
of the docket for this rulemaking action.
B. Transportation Conformity Insignificance Determinations
Transportation conformity is required under section 176(c) of the
CAA to ensure that federally supported highway, transit projects, and
other activities are consistent with (conform to) the purpose of the
SIP. The CAA requires federal actions in nonattainment and maintenance
areas to ``conform to'' the goals of SIP. This means that such actions
will not cause or contribute to violations of a NAAQS; worsen the
severity of an existing violation; or delay timely attainment of any
NAAQS or any interim milestone. Actions involving Federal Highway
Administration (FHWA) or Federal Transit Administration (FTA) funding
or approval are subject to the Transportation Conformity Rule (40 CFR
part 93, subpart A). Under this rule, metropolitan planning
organizations (MPOs) in nonattainment and maintenance areas coordinate
with state air quality and transportation agencies, EPA, FHWA, and FTA
to demonstrate that their metropolitan transportation plans and
transportation improvement plans (TIPs) conform to applicable SIPs.
This is typically determined by showing that estimated emissions from
existing and planned highway and transit systems are less than or equal
to the motor vehicle emissions budgets (MVEBs) contained in a SIP.
For MVEBs to be approvable, they must meet, at a minimum, EPA's
adequacy criteria found at 40 CFR 93.118(e)(4). However, the
Transportation Conformity Rule at 40 CFR 93.109(f) allows areas to
forgo establishment of a budget(s) where it is demonstrated that
regional motor vehicle emissions for a particular pollutant or
precursor pollutant are an insignificant contributor to the air quality
problem in the area. The general criteria for insignificance
determinations per 40 CFR 93.109(f) are based on a number of factors,
including: (1) The percentage of motor vehicle emissions in context of
the total SIP inventory; (2) the current state of air quality as
determined by monitoring data for that NAAQS; (3) the absence of SIP
motor vehicle control measures; and (4) historical trends and future
projections of the growth of motor vehicle emissions in the area.
The Liberty-Clairton's attainment demonstration for the 2006 24-
hour PM2.5 NAAQS submitted by the
[[Page 59618]]
Commonwealth of Pennsylvania, on behalf of Allegheny County, includes a
request for EPA to make insignificance findings for NOX and
directly emitted PM2.5 for the Area for both the 1997 annual
and 2006 24-hour PM2.5 NAAQS. Pursuant to Section
93.118(e)(4) and 93.109(f) of the Transportation Conformity Rule, EPA
has reviewed the Commonwealth of Pennsylvania's justification for the
findings of insignificance for direct PM2.5 and also for
NOX as a precursor of PM2.5 in the Liberty-
Clairton Area for both the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA agrees with Pennsylvania's conclusion that
on-road emissions of PM2.5 and NOX in the
Liberty-Clairton Area are insignificant for transportation conformity
purposes for both NAAQS.
EPA bases these findings on several factors: (1) The fact that the
motor vehicle emissions constitute a low percentage of the total SIP
inventory. In particular, for the 2007 base year, the direct PM onroad
mobile source constitutes 0.99 percent (%) of the Liberty-Clairton
Area's total PM2.5 emissions and decreases in the later
analysis year to 0.88% (2014). For the 2007 base year, the
NOX onroad mobile source constitutes 4.9% of the Area's
total NOX emissions and decreases in the later analysis year
to 3.07% (2014); (2) The fact that the Liberty-Clairton Area has been
determined to attain the 1997 annual PM2.5 standard (October
25, 2013, 78 FR 63881) and the 2006 24-hour PM2.5 standard
(July 10, 2015, 80 FR 39696), and continues to attain the standards
with the most recent three years of complete, quality-assured
monitoring data; (3) The absence of local on-road control measures; and
(4) The continued downward trend, historically and in modeled future
projections, of on-road NOX and PM2.5 emissions.
With regard to on-road emissions of SO2, VOC, and
ammonia, Allegheny County did not provide an insignificance
demonstration because it concluded, consistent with EPA's presumptions
regarding these PM2.5 precursors, that the emissions of
these precursors from motor vehicles are not significant contributors
to the Liberty-Clairton Area's PM2.5 air quality problem.
Therefore, EPA finds adequate, and is also approving as SIP revision,
Pennsylvania's insignificance determinations for the Liberty-Clairton
Area with respect both the 1997 annual and 2006 24-hour
PM2.5 standards. Additional information pertaining to the
review of the motor vehicle emission inventories can be found in the
TSD dated August 27, 2015, as part of the docket for this final
rulemaking action.
In this direct final rulemaking action, EPA is initiating the
process for determining whether or not the motor vehicle emission
inventories are adequate for transportation conformity purposes. The
publication of this document starts a 30-day public comment period on
the adequacy of the submitted motor vehicle emission inventories. This
comment period is concurrent with the comment period on this direct
final rulemaking action. Any comments on the motor vehicle emission
inventories should be submitted to the docket for this rulemaking. The
public can find the posting of these motor vehicle emissions
inventories on EPA's adequacy Web page (https://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy of the motor
vehicle emission inventories as well as the approval of the findings of
insignificance will become effective upon the effective date of this
direct final rulemaking action. Upon the effective date of this direct
final rulemaking action, the Liberty-Clairton Area is no longer
required to perform a regional emissions analysis for directly emitted
PM2.5, or NOX, as part of future PM2.5
conformity determinations for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
III. Final Action
EPA is approving as a revision to the Pennsylvania SIP the Liberty-
Clairton Area's 2007 base year emissions inventory for the 2006 24-hour
PM2.5 NAAQS submitted as part of the June 21, 2013 SIP
revision. EPA finds that the 2007 base year emissions inventory
satisfies the requirements of 40 CFR 51.1008 and section 172(c)(3) of
the CAA for the 2006 24-hour PM2.5 NAAQS for the Liberty-
Clairton Area. EPA finds adequate and is also approving as a revision
to the SIP Pennsylvania's determinations for both the 1997 annual and
2006 24-hour PM2.5 standards that onroad emissions of
PM2.5 and NOX are insignificant contributors to
PM2.5 concentrations in the Liberty-Clairton Area for
transportation conformity purposes, as submitted as part of the July
31, 2014 supplemental SIP revision. Upon the effective date of this
direct final rulemaking action, the Liberty-Clairton Area is no longer
required to perform a regional emissions analysis for directly emitted
PM2.5, or NOX, as part of future PM2.5
conformity determinations for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on December 1, 2015 without further notice
unless EPA receives adverse comment by November 2, 2015. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
IV. 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
[[Page 59619]]
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 December 1, 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, approving the 2007 base year emissions
inventory for the Liberty-Clairton Area with respect the 2006 24-hour
PM2.5 NAAQS and the transportation conformity insignificance
findings for the Liberty-Clairton Area with respect the 1997 annual and
2006 24-hour 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, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Sulfur oxides, Volatile organic compounds.
Dated: September 16, 2015.
Shawn M. Garvin,
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
an entry for the 2007 Base Year Emissions Inventory for the 2006
PM2.5 NAAQS for the Liberty-Clairton PM2.5
Nonattainment Area at the end of the table to reads as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
[[Page 59620]]
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP State EPA approval Additional
revision Applicable geographic area submittal date date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2007 Base Year Emissions Liberty-Clairton PM2.5 6/21/13 10/2/15 [Insert .................
Inventory for the 2006 Nonattainment Area. Federal
PM2.5 NAAQS. Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.2036 is amended by adding paragraph (y) to read as
follows:
Sec. 52.2036 Base year emissions inventory.
* * * * *
(y) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2007 base year emissions inventory for the
Liberty-Clairton 2006 24-hour PM2.5 nonattainment area
submitted by the Pennsylvania Department of Environmental Protection,
on behalf of Allegheny County Health Department, on June 21, 2013. 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,
NOX, VOCs, NH3, and SO2.
[FR Doc. 2015-24877 Filed 10-1-15; 8:45 am]
BILLING CODE 6560-50-P
