Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2011 Base Year Inventories for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading Areas, and the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic City Area, 24492-24496 [2016-09591]

Download as PDF 24492 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: April 12, 2016. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2016–09676 Filed 4–25–16; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2016–0002; FRL–9945–47– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2011 Base Year Inventories for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading Areas, and the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic City Area Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve the 2011 base year inventories for the five Pennsylvania marginal nonattainment areas for the 2008 8-hour ozone national ambient air quality standard (NAAQS), the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment area. The Commonwealth of Pennsylvania submitted the emission inventories to meet the nonattainment requirements for marginal ozone nonattainment areas for the 2008 8-hour ozone NAAQS. EPA is approving the 2011 base year emissions inventories for the 2008 8hour ozone NAAQS as a revision to the Pennsylvania State Implementation Plan (SIP), in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on June 27, 2016 without further notice, unless EPA receives adverse written comment by asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:40 Apr 25, 2016 Jkt 238001 May 26, 2016. 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 No. EPA–R03– OAR–2016–0002 at https:// www.regulations.gov, or via email to fernandez.cristina@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814–2181, or by email at pino.maria@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Ground-level ozone is formed when nitrogen oxides (NOX) and volatile organic compounds (VOC) react in the presence of sunlight. Referred to as ozone precursors, these two pollutants are emitted by many types of pollution sources, including motor vehicles, power plants, industrial facilities, and area wide sources, such as consumer products and lawn and garden equipment. Scientific evidence indicates that adverse public health effects occur following a person’s exposure to ozone. These effects are more pronounced in children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases. In 1979, in response to this scientific PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 evidence, EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm) 1-hour ozone NAAQS. See 44 FR 8202 (February 8, 1979). EPA had previously promulgated a NAAQS for total photochemical oxidants. On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08 ppm, averaged over eight hours. 62 FR 38855. This standard was determined to be more protective of public health than the previous 1979 1-hour ozone standard. In 2008, EPA revised the 8hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008). On May 21, 2012, the AllentownBethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, Reading, and Philadelphia-Wilmington-Atlantic City areas were designated as marginal nonattainment for the more stringent 2008 8-hour ozone NAAQS. 77 FR 30088. The Allentown-Bethlehem-Easton nonattainment area is comprised of Carbon, Lehigh, and Northampton Counties, all in Pennsylvania. Lancaster and Reading are single-county nonattainment areas, comprised of Lancaster County, Pennsylvania and Berks County, Pennsylvania, respectively. The Pittsburgh-Beaver Valley nonattainment area is comprised of Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland Counties, all in Pennsylvania. The Philadelphia-Wilmington-Atlantic City nonattainment areas includes Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties in Pennsylvania, plus counties in Delaware, Maryland, and New Jersey. Under section 172(c)(3) of the CAA, Pennsylvania is required to submit comprehensive, accurate, and current inventories of actual emissions from all sources of the relevant pollutants in its marginal nonattainment areas, i.e., the Allentown-BethlehemEaston, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas, and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment area. On October 1, 2015, EPA strengthened the ground-level ozone NAAQS to 0.070 ppm, based on extensive scientific evidence about ozone’s effects on public health and welfare. See 80 FR 65292 (October 26, 2015). As required by section 107(d) of the CAA, EPA intends to complete the initial designation process within two years of promulgation of the 2015 ozone NAAQS, i.e., no later than October 1, 2017. This rulemaking does not address the 2015 ozone NAAQS. E:\FR\FM\26APR1.SGM 26APR1 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations II. Summary of SIP Revision Under CAA section 172(c)(3), states are required to submit a comprehensive, accurate, current accounting of actual emissions from all sources (point, nonpoint, nonroad, and onroad) in the nonattainment area. CAA section 182(a)(1) requires that areas designated as nonattainment and classified as marginal are to submit an inventory of all sources of ozone precursors no later than 2 years after the effective date of designation. EPA’s guidance for emissions inventory development calls for actual emissions to be used in the base year inventory. The state must report annual emissions as well as ‘‘summer day emissions.’’ As defined in 40 CFR 51.900(v), ‘‘summer day emissions’’ means, ‘‘an average day’s emissions for a typical summer work weekday. The state will select the particular month(s) in summer and the day(s) in the work week to be represented.’’ On September 30, 2015, the Pennsylvania Department of Environmental Protection (PADEP), submitted a SIP revision entitled, ‘‘2011 Base Year Inventory for the Pennsylvania Portion of Five 2008 Ozone Nonattainment Areas: Allentown-Bethlehem-Easton, Lancaster, Philadelphia-WilmingtonAtlantic City, Pittsburgh-Beaver Valley, Reading.’’ PADEP selected 2011 as its base year for SIP planning purposes, as recommended in EPA’s final rule, ‘‘Implementation of the 2008 National Ambient Air Quality Standards for 24493 Ozone: State Implementation Plan Requirements.’’ 80 FR 12263 (March 6, 2015). PADEP’s 2011 base year inventories include emissions estimates covering the general source categories of stationary point, stationary nonpoint, nonroad mobile, and onroad mobile. In its 2011 base year inventories, PADEP reported actual annual emissions and typical summer day emissions for the months of May through September for NOX, VOC, and carbon monoxide (CO). Tables 1 through 5 summarize the 2011 VOC, NOX, and CO emission inventory by source sector for Pennsylvania’s five marginal nonattainment areas. Annual emissions are given in tons per year (tpy), and summer weekday emissions are given in tons per day (tpd). TABLE 1—SUMMARY OF 2011 EMISSIONS FOR THE ALLENTOWN-BETHLEHEM-EASTON AREA Summer weekday (tpd) Source sector VOC NOX Annual (tpy) CO VOC NOX CO Point ......................................................... Nonpoint ................................................... Nonroad ................................................... Highway ................................................... 3.5844 52.4620 7.3491 17.1800 24.0763 4.3983 8.4916 35.5600 44.5565 10.7226 81.1983 172.5900 1,298.2944 21,874.0747 2,624.7749 6,169.9800 8,882.4313 2,365.4084 2,372.2160 12,833.6100 15,980.1187 17,758.0824 26,305.6727 76,800.1200 Total .................................................. 80.5755 72.5262 309.0674 31,967.1240 26,453.6657 136,843.9938 TABLE 2—SUMMARY OF 2011 EMISSIONS FOR THE LANCASTER AREA Summer weekday (tpd) Source sector VOC NOX Annual (tpy) CO VOC NOX CO Point ......................................................... Nonpoint ................................................... Nonroad ................................................... Highway ................................................... 6.0096 31.6881 9.4751 11.9900 3.3279 4.1839 8.1193 24.4200 4.9232 14.0763 75.9137 121.0300 2,161.8035 13,262.0758 3,854.6239 4,233.6300 1,225.2810 2,043.6030 2,369.2314 8,879.1200 1,811.4742 13,992.7848 26,064.9100 52,716.3700 Total .................................................. 59.1628 40.0511 215.9432 23,512.1332 14,571.2354 94,585.5390 TABLE 3—SUMMARY OF 2011 EMISSIONS FOR THE PENNSYLVANIA PORTION OF THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY AREA Summer weekday (tpd) Source sector Annual (tpy) NOX CO Point ......................................................... Nonpoint ................................................... Nonroad ................................................... Highway ................................................... 13.8162 144.0575 41.8480 60.5800 39.8652 27.7843 39.2817 123.3900 35.4149 24.6034 510.4407 631.6900 5,044.1788 55,434.4159 14,368.4324 21,497.8300 14,466.8247 14,394.6064 11,090.2074 43,869.0400 12,605.2393 27,032.5230 162,745.4696 259,855.7300 Total .................................................. asabaliauskas on DSK3SPTVN1PROD with RULES VOC VOC NOX CO 260.3017 230.3212 1,202.1490 96,344.8571 83,820.6785 462,238.9619 TABLE 4—SUMMARY OF 2011 EMISSIONS FOR THE PITTSBURGH-BEAVER VALLEY AREA Summer weekday (tpd) Source sector VOC Point ......................................................... VerDate Sep<11>2014 17:40 Apr 25, 2016 Jkt 238001 10.6595 PO 00000 Frm 00039 Annual (tpy) NOX CO 160.0714 120.1636 Fmt 4700 Sfmt 4700 VOC NOX 3,900.9235 E:\FR\FM\26APR1.SGM 26APR1 57,329.8382 CO 43,988.6819 24494 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations TABLE 4—SUMMARY OF 2011 EMISSIONS FOR THE PITTSBURGH-BEAVER VALLEY AREA—Continued Summer weekday (tpd) Source sector VOC Annual (tpy) CO NOX VOC NOX CO Nonpoint ................................................... Nonroad ................................................... Highway ................................................... 191.5216 24.8491 43.5400 65.3470 27.7845 88.8500 85.7973 284.5770 446.6400 63,326.9810 9,281.1724 16,584.5300 27,064.6374 7,908.6977 32,360.4000 49,340.2937 93,498.8397 210,881.4800 Total .................................................. 270.5702 342.0529 937.1779 93,093.6069 124,663.5733 397,709.2953 TABLE 5—SUMMARY OF 2011 EMISSIONS FOR THE READING AREA Summer weekday (tpd) Source sector VOC Annual (tpy) CO NOX VOC NOX CO 3.4007 32.6838 4.5626 9.8600 8.6847 4.2975 5.4649 22.1100 5.4075 11.0720 46.8275 98.8800 1,223.7618 13,462.6586 1,650.9746 3,479.3500 3,139.5588 2,055.8245 1,528.6220 8,073.1900 1,946.4482 11,792.2040 15,312.2966 43,022.4700 Total .................................................. asabaliauskas on DSK3SPTVN1PROD with RULES Point ......................................................... Nonpoint ................................................... Nonroad ................................................... Highway ................................................... 50.5071 40.5571 162.1870 19,816.7450 14,797.3983 72,073.4188 Point sources are large, stationary, identifiable sources of emissions that release pollutants into the atmosphere. Pennsylvania obtained its point source data from the Pennsylvania Air Information Management System (AIMS). PADEP regional offices identify and inventory stationary sources for AIMS through inspections, surveys, and permitting. Inventory data for point sources in Allegheny and Philadelphia Counties was developed by the Allegheny County Health Department (ACHD) and the Philadelphia Air Management Services (AMS), respectively. ACHD and AMS provided their point source data to PADEP and also submitted it to EPA for the National Emission Inventory (NEI). Nonpoint sources, also known as area sources, are sources of pollution that are small and numerous, and that have not been inventoried as specific point or mobile sources. To inventory these sources, they are grouped so that emissions can be estimated collectively using one methodology. Examples are residential heating emissions and consumer solvents. PADEP calculated nonpoint emissions for each county by multiplying emissions factors specific for each source category with some known indicator of collective activity for each source category, such as population or employment data. Nonroad sources are mobile sources other than onroad vehicles, including aircraft, locomotives, construction and agricultural equipment, and marine vessels. Emissions from different source categories are calculated using various methodologies. PADEP relied on EPA’s VerDate Sep<11>2014 17:40 Apr 25, 2016 Jkt 238001 nonroad emissions calculations, from the 2011 NEI, version 1. Onroad or highway sources are vehicles, such as cars, trucks, and buses, which are operated on public roadways. PADEP estimated highway emissions using EPA’s Motor Vehicle Emission Simulator (MOVES) model, version 2010b. EPA reviewed Pennsylvania’s 2011 base year emission inventories’ results, procedures, and methodologies for the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment area and found them to be acceptable and approvable. EPA’s review is detailed in two Technical Support Documents (TSD) prepared for this rulemaking, the January 7, 2016 ‘‘Technical Support Document (TSD) for the 2011 Base Year Inventory for Areas of Marginal Nonattainment of the 2008 Ozone NAAQS in Pennsylvania’’ and the January 21, 2016, ‘‘Technical Support Document (TSD)—Review of the On-Road Portion of the 2011 Base Year Inventories for the Pennsylvania Portion of the Following Five 2008 8Hour Ozone National Ambient Air Quality Standard (NAAQS) Nonattainment Areas: AllentownBethlehem-Easton, Lancaster, Philadelphia-Wilmington-Atlantic City, Pittsburgh-Beaver Valley, and Reading.’’ These TSDs are available on line at https://www.regulations.gov, Docket ID No. EPA–R03–OAR–2016–0002. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 III. Final Action EPA is approving the 2011 base year inventories for the 2008 8-hour ozone NAAQS for the Allentown-BethlehemEaston, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas, and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment area because the inventories were prepared in accordance with requirements in sections 172(c)(3) and 182(a) of the CAA and its implementing regulations including 40 CFR 51.915. 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 June 27, 2016 without further notice unless EPA receives adverse comment by May 26, 2016. 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. E:\FR\FM\26APR1.SGM 26APR1 24495 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations 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 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 27, 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. 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 Pennsylvania’s 2011 base year inventories for the 2008 8-hour ozone NAAQS for the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas, and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: April 8, 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 for ‘‘2011 Base Year Inventories for the 2008 8-Hour Ozone National Ambient Air Quality Standard’’ at the end of the table to read as follows: ■ § 52.2020 * Identification of plan. * * (e) * * * (1) * * * * * asabaliauskas on DSK3SPTVN1PROD with RULES Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation * * 2011 Base Year Inventories for the 2008 8-Hour Ozone National Ambient Air Quality Standard. * * Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment area. * 9/30/15 * 4/26/16 [Insert Federal Register citation]. * See § 52.2036(bb). VerDate Sep<11>2014 17:40 Apr 25, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\26APR1.SGM 26APR1 24496 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations * * * * * 3. Section 52.2036 is amended by adding paragraph (bb) to read as follows: ■ § 52.2036 Base year emissions inventory. * * * * * (bb) EPA approves, as a revision to the Pennsylvania State Implementation Plan, the 2011 base year emissions inventories for the AllentownBethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas, and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone national ambient air quality standard submitted by the Pennsylvania Department of the Environmental on September 30, 2015. The 2011 base year emissions inventories includes emissions estimates that cover the general source categories of point sources, nonroad mobile sources, area sources, onroad mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NOX), volatile organic compounds (VOC), and carbon monoxide (CO). [FR Doc. 2016–09591 Filed 4–25–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2015–0150; FRL–9945–62– Region 4] Air Quality Plans; North Carolina; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of North Carolina, through the Department of Environmental Quality, formerly the Department of Environment and Natural Resources, Division of Air Quality (DAQ), on March 18, 2014, for inclusion into the North Carolina SIP. This final action pertains to the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour sulfur dioxide (SO2) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:40 Apr 25, 2016 Jkt 238001 maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ‘‘infrastructure SIP submission.’’ DAQ certified that the North Carolina SIP contains provisions that ensure the 2010 1-hour SO2 NAAQS is implemented, enforced, and maintained in North Carolina. EPA has determined that the North Carolina’s infrastructure SIP submission, provided to EPA on March 18, 2014, satisfies certain required infrastructure elements for the 2010 1hour SO2 NAAQS. DATES: This rule will be effective May 26, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2015–0150. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Ms. Notarianni can be reached via electronic mail at notarianni.michele@epa.gov or via telephone at (404) 562–9031. SUPPLEMENTARY INFORMATION: I. Background and Overview On June 22, 2010 (75 FR 35520), EPA revised the primary SO2 NAAQS to an hourly standard of 75 parts per billion (ppb) based on a 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA, states are PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2010 1-hour SO2 NAAQS to EPA no later than June 2, 2013.1 In a proposed rulemaking published on February 25, 2016, EPA proposed to approve North Carolina’s 2010 1-hour SO2 NAAQS infrastructure SIP submission submitted on March 18, 2014, with the exception of the PSD permitting requirements for major sources of section 110(a)(2)(C) and (J), the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and state boards requirements of section 110(a)(2)(E)(ii).2 See 81 FR 9398. The details of North Carolina’s submission and the rationale for EPA’s actions are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before March 28, 2016. EPA received no comments on the proposed action. II. Final Action With the exception of the PSD permitting requirements for major sources of section 110(a)(2)(C) and (J), the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and state boards requirements of section 110(a)(2)(E)(ii), EPA is taking final action to approve North Carolina’s infrastructure submission submitted on March 18, 2014, for the 2010 1-hour SO2 NAAQS. EPA is taking final action to approve portions of North Carolina’s infrastructure SIP submission for the 2010 1-hour SO2 NAAQS because the submission is consistent with section 110 of the CAA. 1 Today, EPA is providing clarification for an inadvertent typographical error that was included in the February 25, 2016, proposed rulemaking, for this final action. In the February 25, 2016, proposed rulemaking it was stated that the 2010 1-hour SO2 NAAQS infrastructure SIPs were due no later than June 22, 2013. The 2010 1-hour SO2 NAAQS infrastructure SIPs were actually due to EPA from states no later than June 2, 2013. 2 On November 3, 2015, in a previous rulemaking, EPA approved the requirements for state boards for North Carolina in relation to the 2010 SO2 NAAQS. See 80 FR 67645. E:\FR\FM\26APR1.SGM 26APR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Rules and Regulations]
[Pages 24492-24496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09591]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0002; FRL-9945-47-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; 2011 Base Year Inventories for the 2008 8-Hour Ozone
National Ambient Air Quality Standard for the Allentown-Bethlehem-
Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading Areas, and the
Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic City Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the 2011 base year inventories for the five
Pennsylvania marginal nonattainment areas for the 2008 8-hour ozone
national ambient air quality standard (NAAQS), the Allentown-Bethlehem-
Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment
areas and the Pennsylvania portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area. The Commonwealth of Pennsylvania
submitted the emission inventories to meet the nonattainment
requirements for marginal ozone nonattainment areas for the 2008 8-hour
ozone NAAQS. EPA is approving the 2011 base year emissions inventories
for the 2008 8-hour ozone NAAQS as a revision to the Pennsylvania State
Implementation Plan (SIP), in accordance with the requirements of the
Clean Air Act (CAA).

DATES: This rule is effective on June 27, 2016 without further notice,
unless EPA receives adverse written comment by May 26, 2016. 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 No. EPA-R03-
OAR-2016-0002 at https://www.regulations.gov, or via email to
fernandez.cristina@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
email at pino.maria@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Ground-level ozone is formed when nitrogen oxides (NOX)
and volatile organic compounds (VOC) react in the presence of sunlight.
Referred to as ozone precursors, these two pollutants are emitted by
many types of pollution sources, including motor vehicles, power
plants, industrial facilities, and area wide sources, such as consumer
products and lawn and garden equipment. Scientific evidence indicates
that adverse public health effects occur following a person's exposure
to ozone. These effects are more pronounced in children and adults with
lung disease. Breathing air containing ozone can reduce lung function
and inflame airways, which can increase respiratory symptoms and
aggravate asthma or other lung diseases. In 1979, in response to this
scientific evidence, EPA promulgated the first ozone NAAQS, the 0.12
part per million (ppm) 1-hour ozone NAAQS. See 44 FR 8202 (February 8,
1979). EPA had previously promulgated a NAAQS for total photochemical
oxidants.
On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08
ppm, averaged over eight hours. 62 FR 38855. This standard was
determined to be more protective of public health than the previous
1979 1-hour ozone standard. In 2008, EPA revised the 8-hour ozone NAAQS
from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008). On May 21,
2012, the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver
Valley, Reading, and Philadelphia-Wilmington-Atlantic City areas were
designated as marginal nonattainment for the more stringent 2008 8-hour
ozone NAAQS. 77 FR 30088.
The Allentown-Bethlehem-Easton nonattainment area is comprised of
Carbon, Lehigh, and Northampton Counties, all in Pennsylvania.
Lancaster and Reading are single-county nonattainment areas, comprised
of Lancaster County, Pennsylvania and Berks County, Pennsylvania,
respectively. The Pittsburgh-Beaver Valley nonattainment area is
comprised of Allegheny, Armstrong, Beaver, Butler, Fayette, Washington,
and Westmoreland Counties, all in Pennsylvania. The Philadelphia-
Wilmington-Atlantic City nonattainment areas includes Bucks, Chester,
Delaware, Montgomery, and Philadelphia Counties in Pennsylvania, plus
counties in Delaware, Maryland, and New Jersey. Under section 172(c)(3)
of the CAA, Pennsylvania is required to submit comprehensive, accurate,
and current inventories of actual emissions from all sources of the
relevant pollutants in its marginal nonattainment areas, i.e., the
Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and
Reading nonattainment areas, and the Pennsylvania portion of the
Philadelphia-Wilmington-Atlantic City nonattainment area.
On October 1, 2015, EPA strengthened the ground-level ozone NAAQS
to 0.070 ppm, based on extensive scientific evidence about ozone's
effects on public health and welfare. See 80 FR 65292 (October 26,
2015). As required by section 107(d) of the CAA, EPA intends to
complete the initial designation process within two years of
promulgation of the 2015 ozone NAAQS, i.e., no later than October 1,
2017. This rulemaking does not address the 2015 ozone NAAQS.

[[Page 24493]]

II. Summary of SIP Revision

Under CAA section 172(c)(3), states are required to submit a
comprehensive, accurate, current accounting of actual emissions from
all sources (point, nonpoint, nonroad, and onroad) in the nonattainment
area. CAA section 182(a)(1) requires that areas designated as
nonattainment and classified as marginal are to submit an inventory of
all sources of ozone precursors no later than 2 years after the
effective date of designation. EPA's guidance for emissions inventory
development calls for actual emissions to be used in the base year
inventory. The state must report annual emissions as well as ``summer
day emissions.'' As defined in 40 CFR 51.900(v), ``summer day
emissions'' means, ``an average day's emissions for a typical summer
work weekday. The state will select the particular month(s) in summer
and the day(s) in the work week to be represented.''
On September 30, 2015, the Pennsylvania Department of Environmental
Protection (PADEP), submitted a SIP revision entitled, ``2011 Base Year
Inventory for the Pennsylvania Portion of Five 2008 Ozone Nonattainment
Areas: Allentown-Bethlehem-Easton, Lancaster, Philadelphia-Wilmington-
Atlantic City, Pittsburgh-Beaver Valley, Reading.'' PADEP selected 2011
as its base year for SIP planning purposes, as recommended in EPA's
final rule, ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements.'' 80 FR
12263 (March 6, 2015). PADEP's 2011 base year inventories include
emissions estimates covering the general source categories of
stationary point, stationary nonpoint, nonroad mobile, and onroad
mobile. In its 2011 base year inventories, PADEP reported actual annual
emissions and typical summer day emissions for the months of May
through September for NOX, VOC, and carbon monoxide (CO).
Tables 1 through 5 summarize the 2011 VOC, NOX, and CO
emission inventory by source sector for Pennsylvania's five marginal
nonattainment areas. Annual emissions are given in tons per year (tpy),
and summer weekday emissions are given in tons per day (tpd).

Table 1--Summary of 2011 Emissions for the Allentown-Bethlehem-Easton Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Summer weekday (tpd) Annual (tpy)
Source sector -----------------------------------------------------------------------------------------------
VOC NOX CO VOC NOX CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 3.5844 24.0763 44.5565 1,298.2944 8,882.4313 15,980.1187
Nonpoint................................................ 52.4620 4.3983 10.7226 21,874.0747 2,365.4084 17,758.0824
Nonroad................................................. 7.3491 8.4916 81.1983 2,624.7749 2,372.2160 26,305.6727
Highway................................................. 17.1800 35.5600 172.5900 6,169.9800 12,833.6100 76,800.1200
-----------------------------------------------------------------------------------------------
Total............................................... 80.5755 72.5262 309.0674 31,967.1240 26,453.6657 136,843.9938
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 2--Summary of 2011 Emissions for the Lancaster Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Summer weekday (tpd) Annual (tpy)
Source sector -----------------------------------------------------------------------------------------------
VOC NOX CO VOC NOX CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 6.0096 3.3279 4.9232 2,161.8035 1,225.2810 1,811.4742
Nonpoint................................................ 31.6881 4.1839 14.0763 13,262.0758 2,043.6030 13,992.7848
Nonroad................................................. 9.4751 8.1193 75.9137 3,854.6239 2,369.2314 26,064.9100
Highway................................................. 11.9900 24.4200 121.0300 4,233.6300 8,879.1200 52,716.3700
-----------------------------------------------------------------------------------------------
Total............................................... 59.1628 40.0511 215.9432 23,512.1332 14,571.2354 94,585.5390
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 3--Summary of 2011 Emissions for the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic City Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Summer weekday (tpd) Annual (tpy)
Source sector -----------------------------------------------------------------------------------------------
VOC NOX CO VOC NOX CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 13.8162 39.8652 35.4149 5,044.1788 14,466.8247 12,605.2393
Nonpoint................................................ 144.0575 27.7843 24.6034 55,434.4159 14,394.6064 27,032.5230
Nonroad................................................. 41.8480 39.2817 510.4407 14,368.4324 11,090.2074 162,745.4696
Highway................................................. 60.5800 123.3900 631.6900 21,497.8300 43,869.0400 259,855.7300
-----------------------------------------------------------------------------------------------
Total............................................... 260.3017 230.3212 1,202.1490 96,344.8571 83,820.6785 462,238.9619
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 4--Summary of 2011 Emissions for the Pittsburgh-Beaver Valley Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Summer weekday (tpd) Annual (tpy)
Source sector -----------------------------------------------------------------------------------------------
VOC NOX CO VOC NOX CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 10.6595 160.0714 120.1636 3,900.9235 57,329.8382 43,988.6819

[[Page 24494]]

Nonpoint................................................ 191.5216 65.3470 85.7973 63,326.9810 27,064.6374 49,340.2937
Nonroad................................................. 24.8491 27.7845 284.5770 9,281.1724 7,908.6977 93,498.8397
Highway................................................. 43.5400 88.8500 446.6400 16,584.5300 32,360.4000 210,881.4800
-----------------------------------------------------------------------------------------------
Total............................................... 270.5702 342.0529 937.1779 93,093.6069 124,663.5733 397,709.2953
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 5--Summary of 2011 Emissions for the Reading Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Summer weekday (tpd) Annual (tpy)
Source sector -----------------------------------------------------------------------------------------------
VOC NOX CO VOC NOX CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 3.4007 8.6847 5.4075 1,223.7618 3,139.5588 1,946.4482
Nonpoint................................................ 32.6838 4.2975 11.0720 13,462.6586 2,055.8245 11,792.2040
Nonroad................................................. 4.5626 5.4649 46.8275 1,650.9746 1,528.6220 15,312.2966
Highway................................................. 9.8600 22.1100 98.8800 3,479.3500 8,073.1900 43,022.4700
-----------------------------------------------------------------------------------------------
Total............................................... 50.5071 40.5571 162.1870 19,816.7450 14,797.3983 72,073.4188
--------------------------------------------------------------------------------------------------------------------------------------------------------

Point sources are large, stationary, identifiable sources of
emissions that release pollutants into the atmosphere. Pennsylvania
obtained its point source data from the Pennsylvania Air Information
Management System (AIMS). PADEP regional offices identify and inventory
stationary sources for AIMS through inspections, surveys, and
permitting. Inventory data for point sources in Allegheny and
Philadelphia Counties was developed by the Allegheny County Health
Department (ACHD) and the Philadelphia Air Management Services (AMS),
respectively. ACHD and AMS provided their point source data to PADEP
and also submitted it to EPA for the National Emission Inventory (NEI).
Nonpoint sources, also known as area sources, are sources of
pollution that are small and numerous, and that have not been
inventoried as specific point or mobile sources. To inventory these
sources, they are grouped so that emissions can be estimated
collectively using one methodology. Examples are residential heating
emissions and consumer solvents. PADEP calculated nonpoint emissions
for each county by multiplying emissions factors specific for each
source category with some known indicator of collective activity for
each source category, such as population or employment data.
Nonroad sources are mobile sources other than onroad vehicles,
including aircraft, locomotives, construction and agricultural
equipment, and marine vessels. Emissions from different source
categories are calculated using various methodologies. PADEP relied on
EPA's nonroad emissions calculations, from the 2011 NEI, version 1.
Onroad or highway sources are vehicles, such as cars, trucks, and
buses, which are operated on public roadways. PADEP estimated highway
emissions using EPA's Motor Vehicle Emission Simulator (MOVES) model,
version 2010b.
EPA reviewed Pennsylvania's 2011 base year emission inventories'
results, procedures, and methodologies for the Allentown-Bethlehem-
Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment
areas and the Pennsylvania portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area and found them to be acceptable and
approvable. EPA's review is detailed in two Technical Support Documents
(TSD) prepared for this rulemaking, the January 7, 2016 ``Technical
Support Document (TSD) for the 2011 Base Year Inventory for Areas of
Marginal Nonattainment of the 2008 Ozone NAAQS in Pennsylvania'' and
the January 21, 2016, ``Technical Support Document (TSD)--Review of the
On-Road Portion of the 2011 Base Year Inventories for the Pennsylvania
Portion of the Following Five 2008 8-Hour Ozone National Ambient Air
Quality Standard (NAAQS) Nonattainment Areas: Allentown-Bethlehem-
Easton, Lancaster, Philadelphia-Wilmington-Atlantic City, Pittsburgh-
Beaver Valley, and Reading.'' These TSDs are available on line at
https://www.regulations.gov, Docket ID No. EPA-R03-OAR-2016-0002.

III. Final Action

EPA is approving the 2011 base year inventories for the 2008 8-hour
ozone NAAQS for the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-
Beaver Valley, and Reading nonattainment areas, and the Pennsylvania
portion of the Philadelphia-Wilmington-Atlantic City nonattainment area
because the inventories were prepared in accordance with requirements
in sections 172(c)(3) and 182(a) of the CAA and its implementing
regulations including 40 CFR 51.915. 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 June 27, 2016 without further notice unless EPA
receives adverse comment by May 26, 2016. 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.

[[Page 24495]]

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 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 27, 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. 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 Pennsylvania's 2011 base year inventories for
the 2008 8-hour ozone NAAQS for the Allentown-Bethlehem-Easton,
Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas,
and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic
City nonattainment 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

Dated: April 8, 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 for ``2011 Base Year Inventories for the 2008 8-Hour Ozone
National Ambient Air Quality Standard'' at the end of the table to read
as follows:

Sec. 52.2020 Identification of plan.

* * * * *
(e) * * *
(1) * * *

----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State submittal Additional
revision area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
2011 Base Year Inventories for Allentown-Bethlehem- 9/30/15 4/26/16 [Insert See Sec.
the 2008 8-Hour Ozone National Easton, Lancaster, Federal Register 52.2036(bb).
Ambient Air Quality Standard. Pittsburgh-Beaver citation].
Valley, and Reading
nonattainment areas
and the Pennsylvania
portion of the
Philadelphia-
Wilmington-Atlantic
City nonattainment
area.
----------------------------------------------------------------------------------------------------------------

[[Page 24496]]

* * * * *

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

Sec. 52.2036 Base year emissions inventory.

* * * * *
(bb) EPA approves, as a revision to the Pennsylvania State
Implementation Plan, the 2011 base year emissions inventories for the
Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and
Reading nonattainment areas, and the Pennsylvania portion of the
Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008
8-hour ozone national ambient air quality standard submitted by the
Pennsylvania Department of the Environmental on September 30, 2015. The
2011 base year emissions inventories includes emissions estimates that
cover the general source categories of point sources, nonroad mobile
sources, area sources, onroad mobile sources, and biogenic sources. The
pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOC), and carbon monoxide
(CO).

[FR Doc. 2016-09591 Filed 4-25-16; 8:45 am]
BILLING CODE 6560-50-P

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