Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan and Base Year Inventory for the North Reading Area for the 2008 Lead National Ambient Air Quality Standards, 20540-20542 [2016-07993]
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20540
Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations
November 9, 2000) does not apply to
this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997), as
applying only to those regulatory
actions that concern environmental
health or safety risks that EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This final rule is not subject to
Executive Order 13211 (66 FR 28355,
May 22, 2001), because this action is not
expected to affect energy supply,
distribution, or use.
I. National Technology Transfer and
Advancement Act (NTTAA)
Since this action does not involve any
technical standards, section 12(d) of
NTTAA, 15 U.S.C. 272 note, does not
apply to this action.
40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: April 4, 2016.
Wendy Cleland-Hamnett,
Director, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR chapter I is
amended as follows:
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345 (d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
2. In § 9.1, add the following section
in numerical order under the
undesignated center heading
‘‘Significant New Uses of Chemical
Substances’’ to read as follows:
■
§ 9.1 OMB approvals under the Paperwork
Reduction Act.
*
This final rule does not invoke special
consideration of environmental justice
related issues as delineated by
Executive Order 12898 (59 FR 7629,
February 16, 1994), because EPA has
determined that this action will not
have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations. This action does not affect
the level of protection provided to
human health or the environment.
asabaliauskas on DSK3SPTVN1PROD with RULES
XIII. Congressional Review Act (CRA)
OMB Control
number
*
*
*
*
Significant New Uses of Chemical
Substances
*
*
*
721.10851 .............................
*
*
*
*
*
*
*
*
*
2070–0038
*
*
*
PART 721—[AMENDED]
3. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
■
§ 721.10851
List of Subjects
40 CFR Part 9
Environmental protection, Reporting
and recordkeeping requirements.
Jkt 238001
*
4. Add § 721.10851 to subpart E to
read as follows:
This action is subject to the CRA, 5
U.S.C. 801 et seq., and the EPA will
submit a rule report to each House of
Congress and the Comptroller of the
United States. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
17:15 Apr 07, 2016
*
40 CFR citation
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
VerDate Sep<11>2014
*
Trichloroethylene.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance
trichloroethylene (CAS 79–01–6) is
subject to reporting under this section
for the significant new use described in
paragraph (a)(2) of this section.
(2) Manufacture or processing for use
in a consumer product except for use in
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R03–OAR–2015–0773; FRL–9944–73–
Region 3]
1. The authority citation for part 9
continues to read as follows:
■
*
[FR Doc. 2016–08152 Filed 4–7–16; 8:45 am]
40 CFR Part 52
PART 9—[AMENDED]
*
cleaners and solvent degreasers, film
cleaners, hoof polishes, lubricants,
mirror edge sealants, and pepper spray.
(b) [Reserved]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Attainment Plan and
Base Year Inventory for the North
Reading Area for the 2008 Lead
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania (Pennsylvania). The
revision demonstrates attainment of the
2008 lead national ambient air quality
standards (NAAQS) in the North
Reading 2008 lead nonattainment area
(North Reading Area or Area). The
attainment plan includes the base year
emissions inventory, an analysis of
reasonably available control technology
(RACT), reasonably available control
measures (RACM), and reasonable
further progress (RFP), modeling
demonstration of lead attainment, and
contingency measures for the Area. EPA
is approving Pennsylvania’s lead
attainment plan with the base year
emissions inventory for the North
Reading Area as a revision to
Pennsylvania’s SIP in accordance with
the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on
May 9, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0773. 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
SUMMARY:
E:\FR\FM\08APR1.SGM
08APR1
Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations
available through www.regulations.gov
or may be viewed 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 Commonwealth’s
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:
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES
I. Background
On January 11, 2016 (81 FR 1136),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. In the
NPR, EPA proposed approval of a
revision to Pennsylvania’s SIP for the
purpose of demonstrating attainment of
the 2008 lead NAAQS in the North
Reading Area. The formal SIP revision
was submitted by Pennsylvania on
August 12, 2015.
On November 12, 2008 (73 FR 66964),
EPA revised the lead NAAQS, lowering
the level from 1.5 micrograms per cubic
meter (mg/m3) to 0.15 mg/m3 calculated
over a three-month rolling average.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
United States as attaining or not
attaining the NAAQS; this designation
process is described in section 107(d)(1)
of the CAA.
On November 22, 2010, EPA
designated Alsace and Muhlenberg
Townships and the Laureldale Borough,
all of which are located in Berks
County, Pennsylvania, as the North
Reading Area for its nonattainment
status with the 2008 lead NAAQS. 76
FR 72097. The designation of the North
Reading Area as nonattainment for the
2008 lead NAAQS triggered
requirements under section 191(a) of the
CAA, requiring Pennsylvania to submit
a SIP revision with a plan for how the
Area will attain the 2008 lead NAAQS,
as expeditiously as practicable, but no
later than December 31, 2015.
Section 179(a)(1) of the CAA
establishes specific consequences if EPA
finds that a state has failed to submit a
SIP or, with regard to a submitted SIP,
if EPA determines it is incomplete or if
EPA disapproves it. Additionally, any of
these findings also triggers an obligation
for EPA to promulgate a federal
implementation plan (FIP) if the state
has not submitted, and EPA has not
VerDate Sep<11>2014
17:15 Apr 07, 2016
Jkt 238001
approved, the required SIP within 2
years of the finding pursuant to section
110(c) of the CAA. On February 25,
2014, the EPA issued a finding that
Pennsylvania failed to make the
required nonattainment SIP submission
for the North Reading Area. 79 FR
10391. With this final approval by EPA
of Pennsylvania’s North Reading
attainment plan SIP in accordance with
section 172(c) of the CAA, the Agency
no longer has any obligation to issue a
FIP for the North Reading Area in
accordance with section 110(c) of the
CAA.
II. Summary of SIP Revision
On August 12, 2015, Pennsylvania
through the Department of
Environmental Protection (PADEP)
submitted an attainment plan for the
North Reading Area as a SIP revision
which includes a base year emissions
inventory, an attainment demonstration,
an analysis of RACM and RACT,
provisions for RFP, and contingency
measures.
The SIP revision also includes
paragraph 3 of a consent order and
agreement (COA), dated June 15, 2015,
between Exide Technologies (Exide) and
PADEP and paragraphs 5 and 22 of a
COA, dated June 12, 2015, between
Yuasa Battery, Inc (Yuasa) and PADEP.
EPA’s analysis of the submitted
attainment plan includes a review of
these elements for the North Reading
Area.
EPA’s approval of the attainment plan
is based on the Agency’s finding that the
Area meets all lead NAAQS attainment
plan requirements under CAA sections
172, 191, and 192. Due to monitored
ambient air quality violations in early
2013, before a major source of lead
began idling, the Area did not attain the
NAAQS, over 36 consecutive threemonth periods, by December 2015, the
attainment date. However, as a result of
implementation of PADEP’s August 12,
2015 SIP revision, EPA and PADEP
expect the North Reading Area will
attain the 2008 lead NAAQS on the
basis of 2014–2016 ambient air quality
data. EPA is approving the base year
emissions inventory submitted with the
plan, as well as the RACM/RACT and
RFP analyses, the attainment
demonstration including modeling, and
the contingency measures for the North
Reading Area.
Other specific requirements of the SIP
submittal attainment plan for the North
Reading Area and the rationale for
EPA’s proposed action are explained in
the NPR and its accompanying
Technical Support Documents (TSDs)
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20541
and will not be restated here.1 No public
comments were received on the NPR.
III. Final Action
EPA is approving the lead attainment
plan for the North Reading Area and
paragraph 3 of the COA between PADEP
and Exide and paragraphs 5 and 22 of
the COA between PADEP and Yuasa, as
submitted on August 12, 2015 as a
revision to the Pennsylvania SIP. EPA
has determined that the SIP meets the
applicable requirements of the CAA.
Specifically, EPA is taking final action
to approve Pennsylvania’s August 12,
2015 SIP submission which includes the
attainment demonstration, base year
emissions inventory, RACM/RACT and
RFP analyses, and contingency
measures.
With the EPA’s final approval of
Pennsylvania’s North Reading
attainment plan submittal, EPA no
longer has any obligation to promulgate
a FIP for the North Reading Area
pursuant to sections 110(c) or 172(c) of
the CAA.
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
1 In the Control Strategies, Reasonable Further
Progress, and Contingency Measures TSD that
accompanied EPA’s NPR, published in the Federal
Register on January 11, 2016 (81 FR 1136), EPA
inadvertently made a misstatement when
summarizing a small portion of a COA between
PADEP and Yuasa Battery, Inc. The statement made
in the TSD was ‘‘Yuasa shall conduct stack testing
on all the stacks listed above in 2020, and thereafter
in any year that is divisible, with remainder, by
five’’ when it should have stated ‘‘Yuasa shall
conduct stack testing on all the stacks listed above
in 2020, and thereafter in any year that is divisible,
without remainder, by five.’’ This error was
inadvertent and in no way alters EPA’s conclusion
or analysis regarding reasonableness of
Pennsylvania’s RACM for the North Reading Area.
E:\FR\FM\08APR1.SGM
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Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations
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
*
*
Attainment Plan and Base Year Emissions
Inventory for the North Reading nonattainment area for the 2008 lead NAAQS.
*
*
*
*
3. Section 52.2036 is amended by
adding paragraph (z) to read as follows:
■
§ 52.2036
Base year emissions inventory.
asabaliauskas on DSK3SPTVN1PROD with RULES
*
*
*
*
*
(z) EPA approves as a revision to the
Pennsylvania state implementation plan
the 2010 base year emissions inventory
for the North Reading, Pennsylvania
nonattainment area for the 2008 lead
NAAQS. This SIP revision was
submitted by the Secretary of the
Pennsylvania Department of
VerDate Sep<11>2014
17:15 Apr 07, 2016
Jkt 238001
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
*
North Reading Area
State
submittal
date
*
8/12/15
4. Section 52.2055 is amended by
adding paragraph (b) to read as follows:
Control strategy: Lead.
*
*
*
*
(b) EPA approves the state
implementation plan for the North
Reading, Pennsylvania nonattainment
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead.
Dated: March 24, 2016.
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.
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding an entry for
the attainment plan for the North
Reading nonattainment area for the 2008
lead national ambient air quality
standards at the end of the table to read
as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
*
4/8/16 [Insert Federal Register citation].
■
*
List of Subjects in 40 CFR Part 52
EPA Approval date
Environmental Protection on August 10,
2015. This submittal consists of the
2010 base year emissions inventories for
all relevant sources in the North
Reading nonattainment area for the
pollutant lead (Pb).
§ 52.2055
Pennsylvania’s SIP revision containing
the attainment plan and base year
inventory for the 2008 lead NAAQS in
the North Reading Area may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Subpart NN—Pennsylvania
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 June 7, 2016. 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
Applicable
geographic area
Name of non-regulatory SIP revision
*
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
*
Additional explanation
*
See §§ 52.2036(z) and
52.2055(b).
area for the 2008 lead NAAQS. This SIP
revision including reasonably available
control measures, reasonably available
control technology, contingency
measures, and attainment
demonstration was submitted by the
Secretary of the Pennsylvania
Department of Environmental Protection
on August 10, 2015.
[FR Doc. 2016–07993 Filed 4–7–16; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\08APR1.SGM
08APR1
]]>Agencies
[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Rules and Regulations]
[Pages 20540-20542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07993]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0773; FRL-9944-73-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Attainment Plan and Base Year Inventory for the North
Reading Area for the 2008 Lead National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania (Pennsylvania). The revision demonstrates attainment of
the 2008 lead national ambient air quality standards (NAAQS) in the
North Reading 2008 lead nonattainment area (North Reading Area or
Area). The attainment plan includes the base year emissions inventory,
an analysis of reasonably available control technology (RACT),
reasonably available control measures (RACM), and reasonable further
progress (RFP), modeling demonstration of lead attainment, and
contingency measures for the Area. EPA is approving Pennsylvania's lead
attainment plan with the base year emissions inventory for the North
Reading Area as a revision to Pennsylvania's SIP in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on May 9, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0773. 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
[[Page 20541]]
available through www.regulations.gov or may be viewed 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 Commonwealth's 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: Ellen Schmitt, (215) 814-5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 11, 2016 (81 FR 1136), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the
NPR, EPA proposed approval of a revision to Pennsylvania's SIP for the
purpose of demonstrating attainment of the 2008 lead NAAQS in the North
Reading Area. The formal SIP revision was submitted by Pennsylvania on
August 12, 2015.
On November 12, 2008 (73 FR 66964), EPA revised the lead NAAQS,
lowering the level from 1.5 micrograms per cubic meter ([mu]g/m\3\) to
0.15 [mu]g/m\3\ calculated over a three-month rolling average.
Following promulgation of a new or revised NAAQS, EPA is required by
the CAA to designate areas throughout the United States as attaining or
not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA.
On November 22, 2010, EPA designated Alsace and Muhlenberg
Townships and the Laureldale Borough, all of which are located in Berks
County, Pennsylvania, as the North Reading Area for its nonattainment
status with the 2008 lead NAAQS. 76 FR 72097. The designation of the
North Reading Area as nonattainment for the 2008 lead NAAQS triggered
requirements under section 191(a) of the CAA, requiring Pennsylvania to
submit a SIP revision with a plan for how the Area will attain the 2008
lead NAAQS, as expeditiously as practicable, but no later than December
31, 2015.
Section 179(a)(1) of the CAA establishes specific consequences if
EPA finds that a state has failed to submit a SIP or, with regard to a
submitted SIP, if EPA determines it is incomplete or if EPA disapproves
it. Additionally, any of these findings also triggers an obligation for
EPA to promulgate a federal implementation plan (FIP) if the state has
not submitted, and EPA has not approved, the required SIP within 2
years of the finding pursuant to section 110(c) of the CAA. On February
25, 2014, the EPA issued a finding that Pennsylvania failed to make the
required nonattainment SIP submission for the North Reading Area. 79 FR
10391. With this final approval by EPA of Pennsylvania's North Reading
attainment plan SIP in accordance with section 172(c) of the CAA, the
Agency no longer has any obligation to issue a FIP for the North
Reading Area in accordance with section 110(c) of the CAA.
II. Summary of SIP Revision
On August 12, 2015, Pennsylvania through the Department of
Environmental Protection (PADEP) submitted an attainment plan for the
North Reading Area as a SIP revision which includes a base year
emissions inventory, an attainment demonstration, an analysis of RACM
and RACT, provisions for RFP, and contingency measures.
The SIP revision also includes paragraph 3 of a consent order and
agreement (COA), dated June 15, 2015, between Exide Technologies
(Exide) and PADEP and paragraphs 5 and 22 of a COA, dated June 12,
2015, between Yuasa Battery, Inc (Yuasa) and PADEP. EPA's analysis of
the submitted attainment plan includes a review of these elements for
the North Reading Area.
EPA's approval of the attainment plan is based on the Agency's
finding that the Area meets all lead NAAQS attainment plan requirements
under CAA sections 172, 191, and 192. Due to monitored ambient air
quality violations in early 2013, before a major source of lead began
idling, the Area did not attain the NAAQS, over 36 consecutive three-
month periods, by December 2015, the attainment date. However, as a
result of implementation of PADEP's August 12, 2015 SIP revision, EPA
and PADEP expect the North Reading Area will attain the 2008 lead NAAQS
on the basis of 2014-2016 ambient air quality data. EPA is approving
the base year emissions inventory submitted with the plan, as well as
the RACM/RACT and RFP analyses, the attainment demonstration including
modeling, and the contingency measures for the North Reading Area.
Other specific requirements of the SIP submittal attainment plan
for the North Reading Area and the rationale for EPA's proposed action
are explained in the NPR and its accompanying Technical Support
Documents (TSDs) and will not be restated here.\1\ No public comments
were received on the NPR.
---------------------------------------------------------------------------
\1\ In the Control Strategies, Reasonable Further Progress, and
Contingency Measures TSD that accompanied EPA's NPR, published in
the Federal Register on January 11, 2016 (81 FR 1136), EPA
inadvertently made a misstatement when summarizing a small portion
of a COA between PADEP and Yuasa Battery, Inc. The statement made in
the TSD was ``Yuasa shall conduct stack testing on all the stacks
listed above in 2020, and thereafter in any year that is divisible,
with remainder, by five'' when it should have stated ``Yuasa shall
conduct stack testing on all the stacks listed above in 2020, and
thereafter in any year that is divisible, without remainder, by
five.'' This error was inadvertent and in no way alters EPA's
conclusion or analysis regarding reasonableness of Pennsylvania's
RACM for the North Reading Area.
---------------------------------------------------------------------------
III. Final Action
EPA is approving the lead attainment plan for the North Reading
Area and paragraph 3 of the COA between PADEP and Exide and paragraphs
5 and 22 of the COA between PADEP and Yuasa, as submitted on August 12,
2015 as a revision to the Pennsylvania SIP. EPA has determined that the
SIP meets the applicable requirements of the CAA. Specifically, EPA is
taking final action to approve Pennsylvania's August 12, 2015 SIP
submission which includes the attainment demonstration, base year
emissions inventory, RACM/RACT and RFP analyses, and contingency
measures.
With the EPA's final approval of Pennsylvania's North Reading
attainment plan submittal, EPA no longer has any obligation to
promulgate a FIP for the North Reading Area pursuant to sections 110(c)
or 172(c) of the CAA.
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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions
[[Page 20542]]
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 June 7, 2016. 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 Pennsylvania's SIP revision containing
the attainment plan and base year inventory for the 2008 lead NAAQS in
the North Reading Area 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, Lead.
Dated: March 24, 2016.
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 attainment plan for the North Reading nonattainment
area for the 2008 lead national ambient air quality standards at the
end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic State
Name of non-regulatory SIP revision area submittal date EPA Approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Attainment Plan and Base Year Emissions North Reading Area...... 8/12/15 4/8/16 [Insert Federal See Sec. Sec. 52.2036(z) and
Inventory for the North Reading Register citation]. 52.2055(b).
nonattainment area for the 2008 lead
NAAQS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.2036 is amended by adding paragraph (z) to read as
follows:
Sec. 52.2036 Base year emissions inventory.
* * * * *
(z) EPA approves as a revision to the Pennsylvania state
implementation plan the 2010 base year emissions inventory for the
North Reading, Pennsylvania nonattainment area for the 2008 lead NAAQS.
This SIP revision was submitted by the Secretary of the Pennsylvania
Department of Environmental Protection on August 10, 2015. This
submittal consists of the 2010 base year emissions inventories for all
relevant sources in the North Reading nonattainment area for the
pollutant lead (Pb).
0
4. Section 52.2055 is amended by adding paragraph (b) to read as
follows:
Sec. 52.2055 Control strategy: Lead.
* * * * *
(b) EPA approves the state implementation plan for the North
Reading, Pennsylvania nonattainment area for the 2008 lead NAAQS. This
SIP revision including reasonably available control measures,
reasonably available control technology, contingency measures, and
attainment demonstration was submitted by the Secretary of the
Pennsylvania Department of Environmental Protection on August 10, 2015.
[FR Doc. 2016-07993 Filed 4-7-16; 8:45 am]
BILLING CODE 6560-50-P
