[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59615-59620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24877]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0470; FRL-9934-91-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Approval of the Base Year Emissions
Inventory for the Liberty-Clairton Nonattainment Area for the 2006 24-
Hour Fine Particulate Matter Standard and Approval of Transportation
Conformity Insignificance Findings for the 1997 Annual and 2006 24-Hour
Fine Particulate Matter Standards for the Liberty-Clairton
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve two revisions to the Commonwealth of
Pennsylvania (Pennsylvania) State Implementation Plan (SIP). The first
revision consists of the 2007 base year emissions inventory for the
Liberty-Clairton nonattainment area (hereafter ``the Liberty-Clairton
Area'' or ``the Area'') with respect the 2006 24-hour fine particulate
matter (PM2.5) National Ambient Air Quality Standard (NAAQS
or standard). The second revision consists of insignificance findings
for the mobile source contribution of PM2.5 and nitrogen
oxides (NOX) emissions for the Liberty-Clairton Area for
both the 1997 annual and 2006 24-hour PM2.5 standards. EPA
is approving the 2007 base year emissions inventory for the Liberty-
Clairton Area for the 2006 24-hour PM2.5 NAAQS. Furthermore,
EPA is finding the motor vehicle emission inventories adequate for
transportation conformity purposes and is approving the insignificance
findings for the mobile source contribution of PM2.5 and
NOX emissions for the Liberty-Clairton Area for both the
1997 annual and 2006 24-hour PM2.5 standards. EPA is
approving these revisions in accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on December 1, 2015 without further
notice, unless EPA receives adverse written comment by November 2,
2015. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0470 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2015-0470, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0470. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI, or otherwise protected, through www.regulations.gov or email.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105; and at the Allegheny County
Health Department, Bureau of Environmental Quality, Division of Air
Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].
SUPPLEMENTARY INFORMATION: On June 21, 2013, the Commonwealth
Pennsylvania submitted, on behalf of Allegheny County, a formal
revision to its SIP. The SIP revision consisted of the 2006 24-hour
PM2.5 NAAQS attainment plan for the Liberty-Clairton Area,
which included among other things, an attainment demonstration, a 2007
base year emissions inventory, a reasonably available control measures
(RACM) analysis, and a description of contingency measures. On July 31,
2014, the SIP revision was supplemented to include additional
information regarding control measures as part of the attainment
demonstration and insignificance findings for transportation conformity
purposes for both the 1997 and 2006 24-hour PM2.5 NAAQS.
Today's action only pertains to the approval of the 2007 base year
emissions inventory to satisfy the requirement of section 172(c)(3) of
the CAA and the transportation conformity insignificance findings to
satisfy EPA's requirements at 40 CFR 93.118(e)(4) and 40 CFR 93.109(f).
I. Background
On July 16, 1997, EPA established an annual PM2.5 NAAQS
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to
as ``the 1997 annual PM2.5 NAAQS''), based on a 3-year
average of annual mean PM2.5 concentrations (62 FR 38652,
July 18, 1997). At that time, EPA also established a 24-hour standard
of 65 [mu]g/m\3\ (hereafter referred to as ``the 1997
[[Page 59616]]
24-hour PM2.5 NAAQS''). See 40 CFR 50.7. The 1997
PM2.5 standards were based on significant evidence and
numerous health studies demonstrating that serious health effects are
associated with exposures to particulate matter.
On January 5, 2005 (70 FR 944), EPA published its nonattainment
area designations for the 1997 annual PM2.5 NAAQS based upon
air quality monitoring data for calendar years 2001-2003. These
designations, effective on April 5, 2005, included the Liberty-Clairton
Area as a nonattainment area. The Liberty-Clairton Area for the 1997
annual PM2.5 NAAQS is comprised of the following portion of
Allegheny County: The boroughs of Lincoln, Glassport, Liberty, and Port
Vue and the City of Clairton. See 40 CFR 81.339 (Pennsylvania). The
Liberty-Clairton Area is surrounded by, but separate and distinct from,
the Pittsburgh-Beaver Valley PM2.5 nonattainment area.
On September 21, 2006, EPA retained the 1997 annual
PM2.5 NAAQS at 15.0 [mu]g/m\3\ (hereby ``the 2006 annual
PM2.5 NAAQS'') based on a 3-year average of annual mean
PM2.5 concentrations, and promulgated a new 24-hour standard
of 35 [mu]g/m\3\ (hereafter ``the 2006 24-hour PM2.5
NAAQS'') based on a 3-year average of the 98th percentile of 24-hour
concentrations (71 FR 61144, October 17, 2006). The revised 2006 24-
hour PM2.5 standard became effective on December 18, 2006.
See 40 CFR 50.13. The more stringent 2006 24-hour PM2.5
NAAQS is based on significant evidence and numerous health studies
demonstrating that serious health effects are associated with short-
term exposures to PM2.5 at this level.
Many petitioners challenged aspects of EPA's 2006 revisions to the
PM2.5 NAAQS. See American Farm Bureau Federation and
National Pork Producers Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir.
2009). As a result of this challenge, the U.S. Court of Appeals for the
District of Columbia Circuit (DC Circuit) remanded the 2006 annual
PM2.5 NAAQS to EPA for further proceedings. The 2006 24-hour
PM2.5 NAAQS was not affected by the remand and remains in
effect.
On November 13, 2009, EPA published designations for the 2006 24-
hour PM2.5 NAAQS (74 FR 58688). These designations,
effective on December 14, 2009, included the Liberty-Clairton Area as a
nonattainment area for the 2006 24-hour PM2.5 NAAQS,
retaining the same geographical boundaries as for the 1997 annual
PM2.5 NAAQS. See 40 CFR 81.339 (Pennsylvania).
A nonattainment designation under the CAA triggers additional
planning requirements for states to show attainment of the NAAQS in the
nonattainment areas by a statutory attainment date, as specified in the
CAA. Since 2005, EPA had implemented the 1997 and 2006 PM2.5
NAAQS based on the general implementation provisions of subpart 1 of
Part D of Title I of the CAA (subpart 1). On January 4, 2013, in
Natural Resources Defense Council v. EPA (NRDC v. EPA), the DC Circuit
determined that EPA should be implementing its PM2.5
pollution standard under additional CAA requirements than those EPA had
been following in subpart 1 and remanded to EPA the ``Final Clean Air
Fine Particle Implementation Rule'' (1997 PM2.5
Implementation Rule) (72 FR 20586, April 25, 2007) and the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' final rule (2008
NSR PM2.5 Rule).\1\ 706 F.3d 428 (D.C. Cir. 2013). The DC
Circuit found that the EPA erred in implementing the 1997 annual
PM2.5 NAAQS solely pursuant to subpart 1, without
consideration of the particulate matter specific provisions of subpart
4 of Part D of Title I of the CAA (subpart 4).
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\1\ EPA's 2008 NSR PM2.5 Rule relates to requirements
for the NSR permitting program required by parts C and D of title I
of the CAA. The details and provisions of the 2008 NSR
PM2.5 Rule are not relevant to this rulemaking.
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While the regulatory provisions of EPA's 1997 PM2.5
Implementation Rule do not explicitly apply to the 2006 24-hour
PM2.5 NAAQS, EPA's underlying statutory interpretation has
been the same for both standards. On March 2, 2012, EPA provided
implementation guidance for the 2006 24-hour PM2.5 NAAQS
which reaffirmed and continued the framework and policy approaches of
the 1997 PM2.5 Implementation Rule. On June 6, 2013, EPA
withdrew the implementation guidance for the 2006 24-hour
PM2.5 NAAQS, subsequent to the DC Circuit's decision in NRDC
v. EPA.\2\
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\2\ EPA's June 6, 2013 withdrawal memorandum is available at
http://www.epa.gov/ttn/naaqs/pm/pdfs/implementationguidancewithdrawmemo.pdf.
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Although the DC Circuit declined to establish a deadline for EPA's
response, EPA intends to respond promptly to the Court's remand and to
promulgate new generally applicable implementation regulations for the
PM2.5 NAAQS in accordance with the requirements of subparts
1 and 4. In the interim, however, states and EPA still need to proceed
with implementation of the PM2.5 NAAQS in a timely and
effective fashion in order to meet statutory obligations under the CAA
and to assure the protection of public health intended by those NAAQS.
The statutory provisions in subpart 4 require EPA, among other
things, to classify nonattainment areas for the PM2.5 NAAQS
based on the severity of their pollution problem. Under EPA's prior
approach to implementing the 1997 annual and 2006 24-hour
PM2.5 standards according to subpart 1, EPA was not required
to, and thus did not, identify any classifications for areas designated
nonattainment. In contrast, subpart 4 of the CAA, at section 188,
provides that all areas designated nonattainment are initially
classified ``by operation of law'' as ``Moderate'' nonattainment areas,
and they remain classified as Moderate nonattainment areas unless and
until EPA later reclassifies them as Serious nonattainment areas or EPA
determines that an area has not attained the PM2.5 NAAQS by
the area's applicable attainment date.
On April 25, 2014, EPA finalized a rule identifying the
classification of all PM2.5 areas currently designated
nonattainment for the 1997 annual and 2006 24-hour PM2.5
NAAQS as ``Moderate,'' consistent with subpart 4 of the CAA. See 79 FR
31566 (June 2, 2014). Consequently, the Liberty-Clairton Area was
classified as Moderate for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
On July 10, 2015 (80 FR 39696), EPA determined that the Liberty-
Clairton Area had attained the 2006 24-hour PM2.5 NAAQS,
based on quality-assured and certified ambient air quality data for the
2012-2014 monitoring period. This ``clean data determination''
suspended Pennsylvania's obligations to submit for the Liberty-Clairton
Area an attainment demonstration, reasonably available control measures
(RACM), reasonable further progress (RFP), and contingency measures for
the 2006 24-hour PM2.5 NAAQS pursuant to subparts 1 and 4 of
the CAA, for so long as the Area continues to attain the standard.
EPA incorporated its Clean Data Policy interpretation in both its
8-Hour Ozone Implementation Rule in 40 CFR 51.918 and in its 1997
PM2.5 Implementation Rule in 40 CFR 51.1004(c). See 72 FR
20585, 20665 (April 25, 2007). While the DC Circuit in its January 4,
2013 decision remanded the 1997 PM2.5 Implementation Rule,
the Court did not address the merits of that regulation regarding our
Clean Data Policy in 40 CFR 51.1004(c), nor cast any doubt on EPA's
existing interpretation of the
[[Page 59617]]
statutory provisions for the Clean Data Policy.\3\
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\3\ EPA addressed the effects of a final determination of
attainment under the Clean Data Policy for the Liberty-Clairton Area
as a 2006 24-hour PM2.5 moderate nonattainment area under
subpart 4 in the notice of proposed rulemaking for the Area's
determination of attainment. See 80 FR 22666 (April 23, 2015).
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After EPA's final clean data determination for the Liberty-Clairton
Area for the 2006 24-hour PM2.5 NAAQS, effective on August
10, 2015, the only pending statutory requirement for the Area relates
to emissions inventories pursuant to section 172(c)(3) of subpart 1 of
the CAA. Specifically, section 172(c)(3) of the CAA requires states to
submit a comprehensive, accurate, and current inventory of actual
emissions for each nonattainment area. EPA's requirements for an
emissions inventory for the PM2.5 NAAQS are set forth in 40
CFR 51.1008.
II. Summary of SIP Revision
As discussed earlier, the Liberty-Clairton's base year emissions
inventory was submitted by Pennsylvania Department of the Environmental
Protection (PADEP), on behalf of Allegheny County Health Department
(ACHD), as part of the June 21, 2013 SIP revision to demonstrate
attainment of the 2006 24-hour PM2.5 NAAQS for the Liberty-
Clairton Area. The June 21, 2013 SIP revision was amended on July 31,
2015 to include, among other things, the transportation conformity
insignificance findings for both the 1997 annual and 2006 24-hour
PM2.5 NAAQS. In this rulemaking action, EPA is only acting
on the portions of the submittals corresponding to the 2007 base year
emissions inventory and the transportation conformity insignificance
findings. A brief summary of the SIP revisions is provided in this
section.
A. Base Year Emissions Inventory
The 2007 base year emissions inventory for the Liberty-Clairton
Area intends to satisfy the requirements of section 172(c)(4) of the
CAA for the 2006 24-hour PM2.5 NAAQS. The 2007 base year
emissions inventory includes emissions estimates that cover the general
source categories of point sources, area sources, non-road mobile
sources, and on-road mobile sources. The pollutants that comprise the
inventory are NOX, volatile organic compounds (VOC),
PM2.5, coarse particles (PM10), ammonia, and
sulfur dioxide (SO2). ACHD selected 2007 as the base year
for the emissions inventory, in accordance with 40 CFR 51.1008(b).
The 2007 emissions inventory submitted is the most current accurate
and comprehensive actual emissions inventory of direct
PM2.5, PM10, NOX, SO2, VOC,
and ammonia for the Liberty-Clairton Area with respect the 2006 24-hour
PM2.5 NAAQS. The actual emissions were estimated based on
pollutant emission factors and throughputs or capacities of each
emission source. A summary of the Liberty-Clairton's 2007 base year
emissions inventory is provided in Table 1.
Table 1--2007 Base Year Emissions Inventory for the Liberty-Clairton Area for the 2006 24-hour PM2.5 NAAQS
[Tons/Year]
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PM2.5 PM10 SO2 NOX VOC Ammonia
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Point Sources........................................... 946.6 1136.9 1741.3 4841.9 590.5 18.4
Area Sources............................................ 26.3 50.5 50.1 38.8 255.9 4.2
Nonroad Sources......................................... 15.0 15.9 17.2 437.9 86.6 0.2
Mobile Sources.......................................... 9.9 10.4 2.1 274.3 172.5 4.7
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Totals.............................................. 997.8 1213.8 1810.9 5592.9 1105.6 27.5
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EPA has reviewed the procedures and methodologies used by ACHD for
the 2007 base year emissions inventory submitted as part of the June
21, 2013 SIP revision and finds the inventory approvable. Further
analysis of the emissions inventory development can be found in
technical support document (TSD) dated August 12, 2015 included as part
of the docket for this rulemaking action.
B. Transportation Conformity Insignificance Determinations
Transportation conformity is required under section 176(c) of the
CAA to ensure that federally supported highway, transit projects, and
other activities are consistent with (conform to) the purpose of the
SIP. The CAA requires federal actions in nonattainment and maintenance
areas to ``conform to'' the goals of SIP. This means that such actions
will not cause or contribute to violations of a NAAQS; worsen the
severity of an existing violation; or delay timely attainment of any
NAAQS or any interim milestone. Actions involving Federal Highway
Administration (FHWA) or Federal Transit Administration (FTA) funding
or approval are subject to the Transportation Conformity Rule (40 CFR
part 93, subpart A). Under this rule, metropolitan planning
organizations (MPOs) in nonattainment and maintenance areas coordinate
with state air quality and transportation agencies, EPA, FHWA, and FTA
to demonstrate that their metropolitan transportation plans and
transportation improvement plans (TIPs) conform to applicable SIPs.
This is typically determined by showing that estimated emissions from
existing and planned highway and transit systems are less than or equal
to the motor vehicle emissions budgets (MVEBs) contained in a SIP.
For MVEBs to be approvable, they must meet, at a minimum, EPA's
adequacy criteria found at 40 CFR 93.118(e)(4). However, the
Transportation Conformity Rule at 40 CFR 93.109(f) allows areas to
forgo establishment of a budget(s) where it is demonstrated that
regional motor vehicle emissions for a particular pollutant or
precursor pollutant are an insignificant contributor to the air quality
problem in the area. The general criteria for insignificance
determinations per 40 CFR 93.109(f) are based on a number of factors,
including: (1) The percentage of motor vehicle emissions in context of
the total SIP inventory; (2) the current state of air quality as
determined by monitoring data for that NAAQS; (3) the absence of SIP
motor vehicle control measures; and (4) historical trends and future
projections of the growth of motor vehicle emissions in the area.
The Liberty-Clairton's attainment demonstration for the 2006 24-
hour PM2.5 NAAQS submitted by the
[[Page 59618]]
Commonwealth of Pennsylvania, on behalf of Allegheny County, includes a
request for EPA to make insignificance findings for NOX and
directly emitted PM2.5 for the Area for both the 1997 annual
and 2006 24-hour PM2.5 NAAQS. Pursuant to Section
93.118(e)(4) and 93.109(f) of the Transportation Conformity Rule, EPA
has reviewed the Commonwealth of Pennsylvania's justification for the
findings of insignificance for direct PM2.5 and also for
NOX as a precursor of PM2.5 in the Liberty-
Clairton Area for both the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA agrees with Pennsylvania's conclusion that
on-road emissions of PM2.5 and NOX in the
Liberty-Clairton Area are insignificant for transportation conformity
purposes for both NAAQS.
EPA bases these findings on several factors: (1) The fact that the
motor vehicle emissions constitute a low percentage of the total SIP
inventory. In particular, for the 2007 base year, the direct PM onroad
mobile source constitutes 0.99 percent (%) of the Liberty-Clairton
Area's total PM2.5 emissions and decreases in the later
analysis year to 0.88% (2014). For the 2007 base year, the
NOX onroad mobile source constitutes 4.9% of the Area's
total NOX emissions and decreases in the later analysis year
to 3.07% (2014); (2) The fact that the Liberty-Clairton Area has been
determined to attain the 1997 annual PM2.5 standard (October
25, 2013, 78 FR 63881) and the 2006 24-hour PM2.5 standard
(July 10, 2015, 80 FR 39696), and continues to attain the standards
with the most recent three years of complete, quality-assured
monitoring data; (3) The absence of local on-road control measures; and
(4) The continued downward trend, historically and in modeled future
projections, of on-road NOX and PM2.5 emissions.
With regard to on-road emissions of SO2, VOC, and
ammonia, Allegheny County did not provide an insignificance
demonstration because it concluded, consistent with EPA's presumptions
regarding these PM2.5 precursors, that the emissions of
these precursors from motor vehicles are not significant contributors
to the Liberty-Clairton Area's PM2.5 air quality problem.
Therefore, EPA finds adequate, and is also approving as SIP revision,
Pennsylvania's insignificance determinations for the Liberty-Clairton
Area with respect both the 1997 annual and 2006 24-hour
PM2.5 standards. Additional information pertaining to the
review of the motor vehicle emission inventories can be found in the
TSD dated August 27, 2015, as part of the docket for this final
rulemaking action.
In this direct final rulemaking action, EPA is initiating the
process for determining whether or not the motor vehicle emission
inventories are adequate for transportation conformity purposes. The
publication of this document starts a 30-day public comment period on
the adequacy of the submitted motor vehicle emission inventories. This
comment period is concurrent with the comment period on this direct
final rulemaking action. Any comments on the motor vehicle emission
inventories should be submitted to the docket for this rulemaking. The
public can find the posting of these motor vehicle emissions
inventories on EPA's adequacy Web page (http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy of the motor
vehicle emission inventories as well as the approval of the findings of
insignificance will become effective upon the effective date of this
direct final rulemaking action. Upon the effective date of this direct
final rulemaking action, the Liberty-Clairton Area is no longer
required to perform a regional emissions analysis for directly emitted
PM2.5, or NOX, as part of future PM2.5
conformity determinations for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
III. Final Action
EPA is approving as a revision to the Pennsylvania SIP the Liberty-
Clairton Area's 2007 base year emissions inventory for the 2006 24-hour
PM2.5 NAAQS submitted as part of the June 21, 2013 SIP
revision. EPA finds that the 2007 base year emissions inventory
satisfies the requirements of 40 CFR 51.1008 and section 172(c)(3) of
the CAA for the 2006 24-hour PM2.5 NAAQS for the Liberty-
Clairton Area. EPA finds adequate and is also approving as a revision
to the SIP Pennsylvania's determinations for both the 1997 annual and
2006 24-hour PM2.5 standards that onroad emissions of
PM2.5 and NOX are insignificant contributors to
PM2.5 concentrations in the Liberty-Clairton Area for
transportation conformity purposes, as submitted as part of the July
31, 2014 supplemental SIP revision. Upon the effective date of this
direct final rulemaking action, the Liberty-Clairton Area is no longer
required to perform a regional emissions analysis for directly emitted
PM2.5, or NOX, as part of future PM2.5
conformity determinations for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on December 1, 2015 without further notice
unless EPA receives adverse comment by November 2, 2015. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National
[[Page 59619]]
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with
the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 1, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action, approving the 2007 base year emissions
inventory for the Liberty-Clairton Area with respect the 2006 24-hour
PM2.5 NAAQS and the transportation conformity insignificance
findings for the Liberty-Clairton Area with respect the 1997 annual and
2006 24-hour PM2.5 NAAQS, may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Sulfur oxides, Volatile organic compounds.
Dated: September 16, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
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2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
an entry for the 2007 Base Year Emissions Inventory for the 2006
PM2.5 NAAQS for the Liberty-Clairton PM2.5
Nonattainment Area at the end of the table to reads as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
[[Page 59620]]
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Name of non-regulatory SIP State EPA approval Additional
revision Applicable geographic area submittal date date explanation
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* * * * * * *
2007 Base Year Emissions Liberty-Clairton PM2.5 6/21/13 10/2/15 [Insert .................
Inventory for the 2006 Nonattainment Area. Federal
PM2.5 NAAQS. Register
citation].
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* * * * *
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3. Section 52.2036 is amended by adding paragraph (y) to read as
follows:
Sec. 52.2036 Base year emissions inventory.
* * * * *
(y) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2007 base year emissions inventory for the
Liberty-Clairton 2006 24-hour PM2.5 nonattainment area
submitted by the Pennsylvania Department of Environmental Protection,
on behalf of Allegheny County Health Department, on June 21, 2013. The
emissions inventory includes emissions estimates that cover the general
source categories of point, area, nonroad, and onroad sources. The
pollutants that comprise the inventory are PM2.5,
NOX, VOCs, NH3, and SO2.
[FR Doc. 2015-24877 Filed 10-1-15; 8:45 am]
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