Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan for the Lower Beaver Valley Nonattainment Area for the 2008 Lead National Ambient Air Quality Standards, 24027-24029 [2016-09432]
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Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
amends 38 CFR part 17 with the
following correcting amendment:
PART 17—MEDICAL
1. The authority citation for part 17
continues to reads as follows:
■
Authority: 38 U.S.C. 501, and as noted in
specific sections.
2. In § 17.1530, add paragraphs (a)(1)
and (2) to read as follows:
■
§ 17.1530
Eligible entities and providers.
(a) * * *
(1) Not a part of, or an employee of,
VA; or
(2) If the provider is an employee of
VA, is not acting within the scope of
such employment while providing
hospital care or medical services
through the Veterans Choice Program.
*
*
*
*
*
Dated: April 19, 2016.
William F. Russo,
Office of Regulation Policy & Management,
Office of the General Counsel.
[FR Doc. 2016–09475 Filed 4–22–16; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0112; FRL–9945–45–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Attainment Plan for the
Lower Beaver Valley Nonattainment
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 Lower Beaver
Valley nonattainment area (Lower
Beaver Valley 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), a modeling
demonstration of attainment, and
contingency measures for the Area. EPA
is approving Pennsylvania’s lead
attainment plan for the Lower Beaver
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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Valley 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 25, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0112. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available 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 State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Gerallyn Duke, (215) 814–2084, or by
email at duke.gerallyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 20, 2016 (81 FR 3078),
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 Lower
Beaver Valley Area. The formal SIP
revision was submitted by Pennsylvania
on January 15, 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 (75 FR 71033),
EPA designated Vanport and Potter
Townships in Beaver County,
Pennsylvania as the Lower Beaver
Valley Area for its nonattainment status
with respect to the 2008 lead NAAQS.
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24027
On November 22, 2011 (76 FR 72097),
EPA revised the Lower Beaver Valley
Area boundary to include Center
Township. The designation of the Lower
Beaver Valley 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, 2015.1
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 Lower Beaver Valley Area. 79 FR
10391. With this final approval of
Pennsylvania’s Lower Beaver Valley
attainment plan SIP in accordance with
section 172(c) of the CAA, EPA no
longer has any obligation to issue a FIP
for the Lower Beaver Valley Area in
accordance with section 110(c) of the
CAA.
II. Summary of SIP Revision
On January 15, 2015, Pennsylvania
through the Department of
Environmental Protection (PADEP)
submitted an attainment plan for the
Lower Beaver Valley 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 as attainment control
measures certain provisions of a
November 21, 2012 consent order and
agreement (COA) (specifically including
paragraphs 3, 5, and 6) between PADEP
and Horsehead Corporation
(Horsehead), the largest source of lead
in the Area at the time of designations.
Pennsylvania’s attainment
demonstration relied primarily on the
emissions reductions achieved by the
shutdown of the smelter equipment at
Horsehead, as required by the COA.
EPA’s analysis of the submitted
attainment plan includes a review of
1 EPA determined that extension of the Lower
Beaver Valley nonattainment area did not affect the
required attainment date or SIP submission
deadline for the Area. See 76 FR 72097 (November
22, 2011).
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Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
these elements for the Lower Beaver
Valley Area.
EPA’s approval of the attainment plan
is based on the Agency’s finding that the
Area meets all applicable lead NAAQS
attainment plan requirements under
CAA sections 172, 191, and 192. Due to
monitored ambient air quality violations
in 2013 and 2014, the Area did not
attain the lead NAAQS by the
applicable attainment date of December
2015. However, closure of Horsehead in
2014 as required per the COA will
facilitate attainment of the 2008 lead
NAAQS by 2017. EPA is approving the
attainment 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 Lower Beaver Valley
Area.
Other specific requirements of the SIP
submittal attainment plan for the Lower
Beaver Valley 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. No public
comments were received on the NPR.
III. Final Action
EPA is approving the lead attainment
plan for the Lower Beaver Valley Area
as a revision to the Pennsylvania SIP, as
submitted on January 15, 2015,
including the attainment demonstration,
base year emissions inventory, RACM/
RACT and RFP analyses, contingency
measures and paragraphs 3,5 and 6 of
the COA between PADEP and
Horsehead provided as attainment
control measures. EPA has determined
that the January 15, 2015 SIP revision
meets the applicable requirements of the
CAA. With EPA’s final approval of
Pennsylvania’s Lower Beaver Valley
Area attainment plan as a SIP revision,
EPA no longer has any obligation to
promulgate a FIP for the Area pursuant
to sections 110(c) or 172(c) of the CAA.
jstallworth on DSK7TPTVN1PROD with RULES
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
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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
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
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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 24, 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 for the
2008 lead NAAQS in the Lower Beaver
Valley 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: April 6, 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.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding the entry
‘‘2008 Lead Attainment Plan’’ at the end
of the table to read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
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*
24029
Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
Name of non-regulatory SIP
revision
Applicable geographic area
State submittal
date
*
*
*
2008 Lead Attainment Plan .... Lower Beaver Valley Area .....
*
*
*
*
*
3. Section 52.2036 is amended by
adding paragraph (aa) to read as follows:
■
§ 52.2036
Base year emissions inventory.
*
*
*
*
*
(aa) EPA approves as a revision to the
Pennsylvania state implementation plan
the 2010 base year emissions inventory
for the Lower Beaver Valley,
Pennsylvania nonattainment area for the
2008 lead NAAQS. This SIP revision
was submitted by the Pennsylvania
Department of Environmental Protection
on January 15, 2015. This submittal
includes the 2010 base year emissions
inventory for all relevant sources in the
Lower Beaver Valley nonattainment area
for the pollutant lead.
■ 4. Section 52.2055 is amended by
adding paragraph (c) to read as follows:
§ 52.2055
Control strategy: Lead.
*
*
*
*
*
(c) EPA approves the state
implementation plan for the Lower
Beaver Valley, Pennsylvania
nonattainment area for the 2008 lead
NAAQS. This SIP revision includes
reasonably available control measures,
reasonably available control technology,
contingency measures, and an
attainment demonstration submitted by
the Pennsylvania Department of
Environmental Protection on January
15, 2015.
[FR Doc. 2016–09432 Filed 4–22–16; 8:45 am]
BILLING CODE 6560–50–P
*
1/15/15
EPA approval date
Additional explanation
*
*
*
4/25/16, [Insert Federal Reg- See §§ 52.2036(aa) and
ister citation].
52.2055(c).
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0751; FRL–9944–38–
Region 9]
Approval of California Air Plan
Revisions, San Joaquin Valley Unified
Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the San Joaquin
Valley Unified Air Pollution Control
District (SJVUAPCD) portion of the
California State Implementation Plan
(SIP). This revision concerns emissions
of volatile organic compounds (VOCs),
oxides of nitrogen (NOX), and
particulate matter (PM) from internal
combustion engines. We are approving
a local rule that regulates these emission
sources under the Clean Air Act (CAA
or the Act).
DATES: This rule will be effective on
May 25, 2016.
ADDRESSES: The EPA has established
docket number EPA–R09–OAR–2015–
0751 for this action. Generally,
documents in the docket for this action
are available electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
SUMMARY:
San Francisco, California 94105–3901.
While all documents in the docket are
listed at https://www.regulations.gov,
some information may be publicly
available only at the hard copy location
(e.g., copyrighted material, large maps,
multi-volume reports), and some may
not be available in either location (e.g.,
confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, (415) 947–
4126, Law.Nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On December 2, 2015 (80 FR 75442),
the EPA proposed to approve the
following rule into the California SIP.
Local agency
Rule No.
Rule title
Amended
Submitted
SJVUAPCD ...................................
4702
Internal Combustion Engines ...........................................
11/14/13
05/13/14
February 12, 2016 for an additional 15
days to ensure the public had an
opportunity to review and comment on
all material in the docket. During both
open comment periods, we received no
comments.
II. Public Comments and EPA
Responses
jstallworth on DSK7TPTVN1PROD with RULES
We proposed to approve this rule
because we determined that it complied
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
III. EPA Action
The EPA’s proposed action provided
a 30-day public comment period.
Because one document in the docket for
the proposal was not listed in
www.regulations.gov until after the
comment period had closed, EPA
reopened the comment period on
No comments were submitted.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving this rule into the California
SIP.
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IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
SJVUAPCD rules described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
available electronically through
www.regulations.gov and in hard copy
at the appropriate EPA office (see the
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]]>Agencies
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Rules and Regulations]
[Pages 24027-24029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09432]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0112; FRL-9945-45-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Attainment Plan for the Lower Beaver Valley Nonattainment
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
Lower Beaver Valley nonattainment area (Lower Beaver Valley 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), a modeling demonstration of attainment, and contingency
measures for the Area. EPA is approving Pennsylvania's lead attainment
plan for the Lower Beaver Valley 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 25, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0112. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available 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 State submittal are available at the
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Gerallyn Duke, (215) 814-2084, or by
email at duke.gerallyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 20, 2016 (81 FR 3078), 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 Lower
Beaver Valley Area. The formal SIP revision was submitted by
Pennsylvania on January 15, 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 (75 FR 71033), EPA designated Vanport and
Potter Townships in Beaver County, Pennsylvania as the Lower Beaver
Valley Area for its nonattainment status with respect to the 2008 lead
NAAQS. On November 22, 2011 (76 FR 72097), EPA revised the Lower Beaver
Valley Area boundary to include Center Township. The designation of the
Lower Beaver Valley 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.\1\
---------------------------------------------------------------------------
\1\ EPA determined that extension of the Lower Beaver Valley
nonattainment area did not affect the required attainment date or
SIP submission deadline for the Area. See 76 FR 72097 (November 22,
2011).
---------------------------------------------------------------------------
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 Lower Beaver Valley Area.
79 FR 10391. With this final approval of Pennsylvania's Lower Beaver
Valley attainment plan SIP in accordance with section 172(c) of the
CAA, EPA no longer has any obligation to issue a FIP for the Lower
Beaver Valley Area in accordance with section 110(c) of the CAA.
II. Summary of SIP Revision
On January 15, 2015, Pennsylvania through the Department of
Environmental Protection (PADEP) submitted an attainment plan for the
Lower Beaver Valley 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 as attainment control measures certain
provisions of a November 21, 2012 consent order and agreement (COA)
(specifically including paragraphs 3, 5, and 6) between PADEP and
Horsehead Corporation (Horsehead), the largest source of lead in the
Area at the time of designations. Pennsylvania's attainment
demonstration relied primarily on the emissions reductions achieved by
the shutdown of the smelter equipment at Horsehead, as required by the
COA. EPA's analysis of the submitted attainment plan includes a review
of
[[Page 24028]]
these elements for the Lower Beaver Valley Area.
EPA's approval of the attainment plan is based on the Agency's
finding that the Area meets all applicable lead NAAQS attainment plan
requirements under CAA sections 172, 191, and 192. Due to monitored
ambient air quality violations in 2013 and 2014, the Area did not
attain the lead NAAQS by the applicable attainment date of December
2015. However, closure of Horsehead in 2014 as required per the COA
will facilitate attainment of the 2008 lead NAAQS by 2017. EPA is
approving the attainment 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
Lower Beaver Valley Area.
Other specific requirements of the SIP submittal attainment plan
for the Lower Beaver Valley 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. No public comments were
received on the NPR.
III. Final Action
EPA is approving the lead attainment plan for the Lower Beaver
Valley Area as a revision to the Pennsylvania SIP, as submitted on
January 15, 2015, including the attainment demonstration, base year
emissions inventory, RACM/RACT and RFP analyses, contingency measures
and paragraphs 3,5 and 6 of the COA between PADEP and Horsehead
provided as attainment control measures. EPA has determined that the
January 15, 2015 SIP revision meets the applicable requirements of the
CAA. With EPA's final approval of Pennsylvania's Lower Beaver Valley
Area attainment plan as a SIP revision, EPA no longer has any
obligation to promulgate a FIP for the 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 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 24, 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 for the 2008 lead NAAQS in the Lower Beaver Valley
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: April 6, 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
the entry ``2008 Lead Attainment Plan'' at the end of the table to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
[[Page 24029]]
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Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 Lead Attainment Plan........ Lower Beaver Valley 1/15/15 4/25/16, [Insert See Sec. Sec.
Area. Federal Register 52.2036(aa) and
citation]. 52.2055(c).
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.2036 is amended by adding paragraph (aa) to read as
follows:
Sec. 52.2036 Base year emissions inventory.
* * * * *
(aa) EPA approves as a revision to the Pennsylvania state
implementation plan the 2010 base year emissions inventory for the
Lower Beaver Valley, Pennsylvania nonattainment area for the 2008 lead
NAAQS. This SIP revision was submitted by the Pennsylvania Department
of Environmental Protection on January 15, 2015. This submittal
includes the 2010 base year emissions inventory for all relevant
sources in the Lower Beaver Valley nonattainment area for the pollutant
lead.
0
4. Section 52.2055 is amended by adding paragraph (c) to read as
follows:
Sec. 52.2055 Control strategy: Lead.
* * * * *
(c) EPA approves the state implementation plan for the Lower Beaver
Valley, Pennsylvania nonattainment area for the 2008 lead NAAQS. This
SIP revision includes reasonably available control measures, reasonably
available control technology, contingency measures, and an attainment
demonstration submitted by the Pennsylvania Department of Environmental
Protection on January 15, 2015.
[FR Doc. 2016-09432 Filed 4-22-16; 8:45 am]
BILLING CODE 6560-50-P
