[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42046-42050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16921]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2014-0902; FRL-9930-24-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation Request and Associated Maintenance Plan for
the Johnstown Nonattainment Area for the 1997 Annual and 2006 24-Hour
Fine Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Commonwealth of Pennsylvania's request to redesignate to attainment the
Johnstown Nonattainment Area (Johnstown Area or Area) for the 1997
annual and 2006 24-hour fine particulate matter (PM2.5)
national ambient air quality standard (NAAQS or standard). EPA has
determined that the Johnstown Area attained both the 1997 annual and
2006 24-hour PM2.5 NAAQS. In addition, EPA is approving as a
revision to the Pennsylvania State Implementation Plan (SIP) the
associated maintenance plan to show
[[Page 42047]]
maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS
through 2025 for the Johnstown Area. The maintenance plan includes the
2017 and 2025 PM2.5 and nitrogen oxides (NOX)
mobile vehicle emissions budgets (MVEBs) for the Johnstown Area for the
1997 annual and 2006 24-hour PM2.5 NAAQS, which EPA is
approving for transportation conformity purposes. Furthermore, EPA is
approving the 2007 base year emissions inventory included in the
maintenance plan for the Johnstown Area for both NAAQS. These actions
are being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on July 16, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0902. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto at (215) 814-2182, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On December 3, 2014, the Commonwealth of Pennsylvania, through the
Pennsylvania Department of Environmental Protection (PADEP), formally
submitted a request to redesignate the Johnstown Area from
nonattainment to attainment for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Concurrently, PADEP submitted a maintenance
plan for the Johnstown Area as a SIP revision to ensure continued
attainment throughout the Johnstown Area over the next 10 years. The
maintenance plan includes the 2017 and 2025 PM2.5 and
NOX MVEBs for the Area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS, which EPA is approving for transportation
conformity purposes. PADEP also submitted a 2007 comprehensive
emissions inventory that was included in the maintenance plan for the
1997 annual and 2006 24-hour PM2.5 NAAQS for NOX,
sulfur dioxide (SO2), volatile organic compounds (VOC), and
ammonia (NH3).
On April 23, 2015 (80 FR 22672), EPA published a notice of proposed
rulemaking (NPR) for Pennsylvania. In the NPR, EPA proposed approval of
Pennsylvania's December 3, 2014 request to redesignate the Johnstown
Area to attainment for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA also proposed approval of the associated
maintenance plan as a revision to the Pennsylvania SIP for the 1997
annual and 2006 24-hour PM2.5 NAAQS. The maintenance plan
included the 2017 and 2025 PM2.5 and NOX MVEBs
for both NAAQS which EPA proposed to approve for purposes of
transportation conformity. In addition, EPA proposed approval of the
2007 emissions inventory also included in the maintenance plan for the
Johnstown Area for both NAAQS to meet the emissions inventory
requirement of section 172(c)(3) of the CAA.
The details of Pennsylvania's submittal and the rationale for EPA's
proposed actions are explained in the NPR and will not be restated
here. No adverse public comments were received on the NPR.
II. Final Actions
EPA is taking final actions on the redesignation request and SIP
revisions submitted on December 3, 2014 by the Commonwealth of
Pennsylvania for the Johnstown Area for the 1997 annual and 2006 24-
hour PM2.5 NAAQS. First, EPA finds that the monitoring data
demonstrates that the Area has attained the 1997 annual and 2006 24-
hour PM2.5 NAAQS, and continues to attain both NAAQS.
Second, EPA is approving Pennsylvania's redesignation request for the
1997 annual and 2006 24-hour PM2.5 NAAQS, because EPA has
determined that the request meets the redesignation criteria set forth
in section 107(d)(3)(E) of the CAA for both NAAQS. Approval of this
redesignation request will change the official designation of the
Johnstown Area from nonattainment to attainment for the 1997 annual and
2006 24-hour PM2.5 NAAQS. Third, EPA is approving the
associated maintenance plan for the Johnstown Area as a revision to the
Pennsylvania SIP for the 1997 annual and 2006 24-hour PM2.5
NAAQS because it meets the requirements of section 175A of the CAA. The
maintenance plan includes the 2017 and 2025 PM2.5 and
NOX MVEBs submitted by Pennsylvania for the Johnstown Area
for transportation conformity purposes. In addition, EPA is approving
the 2007 emissions inventory for the Johnstown Area as meeting the
requirement of section 172(c)(3) of the CAA for both NAAQS.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this rulemaking action to become effective immediately upon
publication. A delayed effective date is unnecessary due to the nature
of a redesignation to attainment, which eliminates CAA obligations that
would otherwise apply. The immediate effective date for this rulemaking
action is authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and section 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. This rulemaking action, however,
does not create any new regulatory requirements such that affected
parties would need time to prepare before the rule takes effect.
Rather, this rulemaking action relieves the Commonwealth of
Pennsylvania of the obligation to comply with nonattainment-related
planning requirements for the Johnstown Area pursuant to part D of the
CAA and approves certain emissions inventories and MVEBs for the
Johnstown Area. For these reasons, EPA finds good cause under 5 U.S.C.
553(d) for this rulemaking action to become effective on the date of
publication.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to
[[Page 42048]]
attainment. Moreover, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 14, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
This action, approving the redesignation request and maintenance
plan for the Johnstown Area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS and the comprehensive emissions inventory for
the Johnstown Area for both NAAQS, may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: June 25, 2015.
Shawn M Garvin,
Regional Administrator, Region III.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
an entry for ``1997 Annual and 2006 24-Hour PM2.5
Maintenance Plan and 2007 Base Year Emissions Inventory'' at the end of
the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA Approval date explanation
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* * * * * * *
1997 Annual and 2006 24-Hour Johnstown Area..... 12/3/14 7/16/15 [Insert See Sec.
PM2.5 Maintenance Plan and 2007 Federal Register 52.2036(w) and
Base Year Emissions Inventory. citation]. Sec. 52.2059(r).
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* * * * *
0
3. Section 52.2036 is amended by adding and reserving paragraph (v) and
adding paragraph (w) to read as follows:
Sec. 52.2036 Base year emissions inventory.
* * * * *
(v) [Reserved]
(w) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2007 base year emissions inventory for the
Johnstown 1997 annual and 2006 24-hour fine particulate matter
(PM2.5) nonattainment area submitted by the Pennsylvania
Department of
[[Page 42049]]
Environmental Protection on December 3, 2014. The emissions inventory
includes emissions estimates that cover the general source categories
of point, area, nonroad, and onroad sources. The pollutants that
comprise the inventory are PM2.5, nitrogen oxides
(NOX), volatile organic compounds (VOCs), ammonia
(NH3), and sulfur dioxide (SO2).
0
4. Section 52.2059 is amended by adding and reserving paragraph (q) and
adding paragraph (r) to read as follows:
Sec. 52.2059 Control strategy: Particular matter.
* * * * *
(q) [Reserved]
(r) EPA approves the maintenance plan for the Johnstown
nonattainment area for the 1997 annual and 2006 24-hour
PM2.5 National Ambient Air Quality Standards (NAAQS)
submitted by the Commonwealth of Pennsylvania on December 3, 2014. The
maintenance plan includes the 2017 and 2025 PM2.5 and
NOX mobile vehicle emissions budgets (MVEBs) to be applied
to all future transportation conformity determinations and analyses for
the Johnstown nonattainment area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
Johnstown Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS for Cambria
County in Tons per Year
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Effective date
Type of control strategy SIP Year PM2.5 NOX of SIP approval
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Maintenance Plan.............................. 2017 62.79 1,707.03 7/16/15
2025 46.71 1,077.46 7/16/15
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Johnstown Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS for Indiana
County (Partial) in Tons per Year
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Effective date
Type of control strategy SIP Year PM2.5 NOX of SIP approval
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Maintenance Plan.............................. 2017 7.95 238.50 7/16/15
2025 4.38 120.98 7/16/15
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
5. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
6. In Sec. 81.339, in the tables entitled ``Pennsylvania--1997 Annual
PM2.5 NAAQS'' and ``Pennsylvania--2006 24-Hour
PM2.5 NAAQS'' revise the entry for ``Johnstown, PA'' to read
as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--1997 Annual PM2.5 NAAQS
[Primary and secondary]
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Designation a Classification
Designated area -------------------------------------------------------------------
Date 1 Type Date 2 Type
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* * * * * * *
Johnstown, PA:
Cambria County.......................... 7/16/15 Attainment
Indiana County (part)................... 7/16/15 Attainment
Townships of West Wheatfield, Center, East
Wheatfield, and Armagh Borough and Homer
City Borough.
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
Pennsylvania--2006 24-Hour PM2.5 NAAQS
[Primary and secondary]
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Designation a Classification
Designated area -------------------------------------------------------------------
Date 1 Type Date 2 Type
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* * * * * * *
Johnstown, PA:
[[Page 42050]]
Cambria County.......................... 7/16/15 Attainment
Indiana County (part)................... 7/16/15 Attainment
Townships of West Wheatfield, Center, East
Wheatfield, and Armagh Borough and Homer
City Borough
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
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[FR Doc. 2015-16921 Filed 7-15-15; 8:45 am]
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