22112 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2014–0868; FRL–9926–43– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Redesignation Request 

and Associated Maintenance Plan for 

the Pennsylvania Portion of the 

Philadelphia-Wilmington, PA-NJ-DE 

Nonattainment Area for the 1997 

Annual and 2006 24-Hour Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the 

Commonwealth of Pennsylvania’s 

request to redesignate to attainment the 

Pennsylvania portion of the 

Philadelphia-Wilmington, PA-NJ-DE 

Nonattainment Area (Philadelphia 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 Philadelphia 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 maintenance of the 1997 annual 

and 2006 24-hour PM2.5 NAAQS 

through 2025 for the Pennsylvania 

portion of the Area. The maintenance 

plan includes the 2017 and 2025 PM2.5

and nitrogen oxides (NOX) mobile 

vehicle emissions budgets (MVEBs) for 

the Pennsylvania portion of the 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 

Pennsylvania portion of the Area for the 

2006 24-hour PM2.5 NAAQS. These 

actions are being taken under the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

April 21, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0868. 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 quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 5, 2014, the 

Commonwealth of Pennsylvania, 

through the Pennsylvania Department of 

Environmental Protection (PADEP), 

formally submitted a request to 

redesignate the Pennsylvania portion of 

the Philadelphia Area from 

nonattainment to attainment for the 

1997 annual and 2006 24-hour PM2.5

NAAQS. Concurrently, PADEP 

submitted a maintenance plan for the 

Pennsylvania portion of the Area as a 

SIP revision to ensure continued 

attainment throughout the Pennsylvania 

portion of the Area over the next 10 

years. The maintenance plan includes 

the 2017 and 2025 PM2.5 and NOX

MVEBs for the Pennsylvania portion of 

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 2006 24-hour PM2.5 NAAQS for 

NOX, sulfur dioxide (SO2), volatile 

organic compounds (VOC), and 

ammonia (NH3). 

On February 17, 2015 (80 FR 8254), 

EPA published a notice of proposed 

rulemaking (NPR) for Pennsylvania. In 

the NPR, EPA proposed approval of 

Pennsylvania’s September 5, 2014 

request to redesignate the Pennsylvania 

portion of the Philadelphia 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, which 

includes 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 included in 

the maintenance plan for the 

Pennsylvania portion of the Area for the 

2006 24-hour PM2.5 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 September 5, 2014 by the 

Commonwealth of Pennsylvania for the 

Pennsylvania portion of the 

Philadelphia Area for the1997 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 

Pennsylvania portion of the 

Philadelphia 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 Pennsylvania portion of the 

Philadelphia 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 Pennsylvania 

portion of the Philadelphia Area for 

transportation conformity purposes. In 

addition, EPA is approving the 2007 

emissions inventory for the 

Pennsylvania portion of the Area as 

meeting the requirement of section 

172(c)(3) of the CAA for the 2006 24- 

hour PM2.5 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 


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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22113 

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. Today’s 

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, today’s rulemaking action 

relieves the Commonwealth of 

Pennsylvania of the obligation to 

comply with nonattainment-related 

planning requirements for the 

Pennsylvania portion of the 

Philadelphia Area pursuant to part D of 

the CAA and approves certain emissions 

inventories and MVEBs for the 

Pennsylvania portion of the 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 

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 June 22, 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 Pennsylvania 

portion of the Philadelphia Area for the 

1997 annual and 2006 24-hour PM2.5

NAAQS and the comprehensive 

emissions inventory for the 

Pennsylvania portion of the 

Philadelphia Area for the 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 

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: April 7, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

40 CFR parts 52 and 81 are 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 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: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 


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22114 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

1997 Annual and 2006 24-Hour 

PM2.5 Maintenance Plan and 

2007 Base Year Emissions Inventory.

Philadelphia-Wilmington, PA-NJDE.9/5/14 4/21/15 [Insert Federal 

Register citation].

See § 52.2036(u) and 

§ 52.2059(p) 

* * * * * 

■ 3. Section 52.2036 is amended by 

adding paragraph (u) to read as follows: 

§ 52.2036 Base year emissions inventory. 

* * * * * 

(u) EPA approves as revisions to the 

Pennsylvania State Implementation Plan 

the 2007 base year emissions inventory 

for the Pennsylvania portion of the 

Philadelphia Area for the 2006 24-hour 

fine particulate matter (PM2.5) 

nonattainment area submitted by the 

Pennsylvania Department of 

Environmental Protection on September 

5, 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). 

■ 4. Section 52.2059 is amended by 

adding paragraph (p) to read as follows: 

§ 52.2059 Control strategy: Particular 

matter. 

* * * * * 

(p) EPA approves the maintenance 

plan for the Pennsylvania portion of the 

Philadelphia nonattainment area for the 

1997 annual and 2006 24-hour PM2.5

NAAQS submitted by the 

Commonwealth of Pennsylvania on 

September 5, 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 

Pennsylvania portion of the 

Philadelphia nonattainment area for the 

1997 annual and 2006 24-hour PM2.5

NAAQS. 

PENNSYLVANIA PORTION OF THE PHILADELPHIA AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL AND

2006 24-HOUR PM2.5 NAAQS IN TONS PER YEAR

Type of control strategy SIP Year PM2.5 NOX Effective date of SIP approval 

Maintenance Plan ..................................................... 2017 1,679 37,922 April 21, 2015. 

2025 1,316 25,361 April 21, 2015. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 5. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 6. Section 81.339 is amended by 

revising the entry for ‘‘PhiladelphiaWilmington, PA-NJ-DE’’ where it occurs 

in the tables entitled ‘‘Pennsylvania— 

1997 Annual PM2.5 NAAQS’’ and ‘‘2006 

24-Hour PM2.5 NAAQS’’ to read as 

follows: 

§ 81.339 Pennsylvania. 

* * * * * 

PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

*******

Philadelphia-Wilmington, PA-NJ-DE: 

Bucks County .......................................... April 21, 2015 ................... Attainment.

Chester County ....................................... April 21, 2015 ................... Attainment.

Delaware County .................................... April 21, 2015 ................... Attainment.

Montgomery County ............................... April 21, 2015 ................... Attainment.

Philadelphia County ................................ April 21, 2015 ................... Attainment.

*******

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 


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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22115 

PENNSYLVANIA—2006 24-HOUR PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

*******

Philadelphia-Wilmington, PA-NJ-DE: 

Bucks County .......................................... April 21, 2015 ................... Attainment.

Chester County ....................................... April 21, 2015 ................... Attainment.

Delaware County .................................... April 21, 2015 ................... Attainment.

Montgomery County ............................... April 21, 2015 ................... Attainment.

Philadelphia County ................................ April 21, 2015 ................... Attainment.

*******

a Includes Indian County located in each county or area, except as otherwise specified. 

1This date is 30 days after November 13, 2009, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

[FR Doc. 2015–09005 Filed 4–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 61 and 63 

[EPA–R06–OAR–2008–0063; FRL–9926–50– 

Region 6] 

National Emission Standards for 

Hazardous Air Pollutants; Delegation 

of Authority to Oklahoma 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On February 24, 2015, the 

Environmental Protection Agency (EPA) 

published a direct final rule approving 

the updated delegation of EPA authority 

for implementation and enforcement of 

National Emission Standards for 

Hazardous Air Pollutants (NESHAPs) 

for all sources (both part 70 and nonpart 70 sources) to the Oklahoma 

Department of Environmental Quality 

(ODEQ). The direct final rule was 

published without prior proposal 

because EPA anticipated no adverse 

comments. EPA stated in the direct final 

rule that if EPA received relevant, 

adverse comments by March 26, 2015, 

EPA would publish a timely withdrawal 

in the Federal Register. EPA received a 

relevant, adverse comment on March 25, 

2015, and accordingly is withdrawing 

the direct final rule, and in a separate 

subsequent final rulemaking will 

address the comment received. 

DATES: Effective April 21, 2015, the 

direct final rule published at 80 FR 9622 

on February 24, 2015, is withdrawn. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Barrett (6PD–R), Air Permits 

Section, telephone (214) 665–7227, fax 

(214) 665–6762, email: barrett.richard@

epa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 24, 2015, EPA published a 

direct final rule approving the updated 

delegation of EPA authority for 

implementation and enforcement of 

NESHAPs for all sources (both part 70 

and non-part 70 sources) to the ODEQ. 

The direct final rule was published 

without prior proposal because EPA 

anticipated no adverse comments. EPA 

stated in the direct final rule that if 

relevant, adverse comments were 

received by March 26, 2015, EPA would 

publish a timely withdrawal in the 

Federal Register. EPA received a 

comment on March 25, 2015, from the 

ODEQ stating in relevant part, that EPA 

reconsider the limitation on ODEQ’s 

authority over NESHAPs and remove 

the language in the final rule requiring 

ODEQ to make a demonstration of 

jurisdiction over non-reservation Indian 

country. ODEQ cited various wording 

from two court cases where both 

generally stated that a state has 

regulatory jurisdiction under the CAA 

over all the land within its territory and 

outside the boundaries of an Indian 

reservation, and that regulatory 

jurisdiction under the CAA must lie 

initially with either a tribe or a state. 

EPA considers this a relevant, adverse 

comment and accordingly is 

withdrawing the direct final rule. In a 

separate subsequent final rulemaking 

EPA will address the comment received. 

The withdrawal is being taken pursuant 

to section 112 of the CAA. 

List of Subjects 

40 CFR Part 61 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Arsenic, Benzene, 

Beryllium, Hazardous substances, 

Mercury, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Vinyl chloride. 

40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: April 9, 2015. 

Wren Stenger, 

Director, Multimedia Planning and Permitting 

Division, Region 6. 

PART 61—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

Accordingly, the amendments to 40 

CFR 61.04 and 40 CFR 63.99 published 

in the Federal Register on February 24, 

2015 (80 FR 9622) on pages 9625 and 

9626 are withdrawn effective April 21, 

2015. 

[FR Doc. 2015–09201 Filed 4–20–15; 8:45 am] 

BILLING CODE 6560–50–P 


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