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[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77911-77915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30174]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0409; FRL-9920-68-Region-3]

Approval and Promulgation of Air Quality Implementation Plan; 
Pennsylvania; Determination of Attainment for the 2008 Lead National 
Ambient Air Quality Standard for the Lyons Nonattainment Area

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to determine that the Lyons, Pennsylvania nonattainment area 
(hereafter referred to as the ``Lyons Area'' or ``Area'') has attained 
the 2008 lead (Pb) national ambient air quality standard (NAAQS). On 
March 31, 2014, the Commonwealth of Pennsylvania, through the 
Pennsylvania Department of Environmental Protection, submitted a 
request to EPA to make a determination that the Lyons Area has attained 
the 2008 Pb NAAQS. This determination of attainment is based upon 
certified, quality-assured, and quality-controlled ambient air 
monitoring data from 2011-2013 which shows that the Area has monitored 
attainment for the 2008 Pb NAAQS. Additionally, as a result of this 
determination, EPA is taking final action to suspend the requirements 
for the Area to submit an attainment demonstration, together with 
reasonably available control measures (RACM), a reasonable further 
progress (RFP) plan, and contingency measures for failure to meet RFP 
or attainment deadlines for so long as the Area continues to attain the 
2008 Pb NAAQS. This determination does not constitute a redesignation 
to attainment. The Lyons Area will remain designated nonattainment for 
the 2008 Pb NAAQS until such time as EPA determines that the Lyons Area 
meets the Clean Air Act (CAA) requirements for redesignation to 
attainment, including an approved maintenance plan. These actions are 
being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on January 28, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0409. All documents in the docket are listed in 
the www.regulations.gov. 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.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by 
email at schmitt.ellen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 7, 2014 (79 FR 46211), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the August 7, 
2014 NPR, EPA proposed to make a clean data determination, finding that 
the Lyons Area has attained the 2008 Pb NAAQS, based on certified, 
quality-assured, and quality-controlled ambient air monitoring data 
from 2011-2013. The Lyons Area is located in Berks County, Pennsylvania 
and bounded by Kutztown Borough, Lyons Borough, Maxatawny Township, and 
Richmond Township. See 40 CFR 81.339.

II. Summary of Rulemaking Action

    EPA is taking final action to determine that the Lyons Area has 
attaining data for the 2008 Pb NAAQS. This determination of attainment 
is based upon certified, quality-assured, and quality-controlled air 
monitoring data that shows the Area has monitored attainment of the 
2008 Pb NAAQS based on 2011-2013 data.
    Other specific requirements of the determination of attainment and 
the rationale for EPA's action are explained in the NPR published on 
August 7, 2014 (79 FR 46211) as well as in the Technical Support 
Document (TSD) that accompanied the NPR, and will not be restated here. 
The TSD is available in the docket for this rulemaking action at 
www.regulations.gov.

III. Effect of This Action

    This final action suspends the requirements for the Lyons Area to

[[Page 77912]]

submit an attainment demonstration, associated RACM, RFP plan, and 
contingency measures for failure to meet RFP or attainment deadlines so 
long as this Area continues to meet the 2008 Pb NAAQS. Finalizing this 
action does not constitute a redesignation of the Lyons Area to 
attainment for the 2008 Pb NAAQS under section 107(d)(3) of the CAA. 
Further, finalizing this action does not involve approving a 
maintenance plan for the Area as required under section 175A of the 
CAA, nor does it involve a determination that the Area has met all 
requirements for a redesignation.

IV. Public Comments and EPA's Responses

    EPA received comments from the East Penn Manufacturing Company, 
Inc. (hereafter referred to as ``commenter'') regarding the August 7, 
2014 NPR proposing a determination of attainment for the Lyons Area for 
the 2008 Pb NAAQS. A full set of these comments is provided in the 
docket for today's final rulemaking action.
    Comment: The commenter states it is supportive of EPA's proposed 
determination of attainment of the Lyons Area because such a 
determination is an affirmation of ``historical and on-going policies 
and practices regarding compliance with air quality standards and 
minimization of lead emissions'' from its manufacturing campus in the 
Lyons Area. The commenter states that it believes that the 
nonattainment plan provision requirements of section 172(c) of the CAA, 
including the emission inventory provisions of section 172(c)(3), will 
be suspended for as long as the Lyons Area continues to attain the 2008 
Pb NAAQS upon EPA's finalization of the determination of attainment for 
the Lyons Area. The commenter refers to a September 4, 1992 EPA 
memorandum \1\ and a May 10, 1995 EPA memorandum,\2\ in support of its 
position that the nonattainment plan provision requirements of section 
172(c), including the emission inventory provisions of section 
172(c)(3), should be suspended when EPA finalizes the determination of 
attainment for the Lyons Area. The commenter states it understands the 
nonattainment plan provisions of section 172(c), including emission 
inventory provision requirements in section 172(c)(3), are suspended 
because development and inclusion of such information in a state 
implementation plan (SIP) only has meaning for areas not attaining the 
2008 Pb NAAQS in accordance with both the Calcagni Memorandum and the 
Seitz Memorandum.
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    \1\ Procedures for Processing Requests to Redesignate Areas to 
Attainment, EPA Memorandum from John Calcagni, Director, Air Quality 
Management Division, Office of Air Quality Planning Standards, 
September 4, 1992 (Calcagni Memorandum), located at http://www.epa.gov/ttn/oarpg/t5/memoranda/redesignmem090492.pdf. The 
commenter referred to this Memorandum as the ``September 4, 1994 
Calcagni memorandum.'' EPA believes the inaccurate year was an 
inadvertent error as the September 4, 1992 Calcagni Memorandum 
addressed requirements for attainment plans necessary when an area 
has attained a NAAQS and seeks redesignation.
    \2\ Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard (Seitz Memorandum), EPA 
Memorandum from John S. Seitz, Director, Office of Air Quality 
Planning Standards, May 10, 1995, located at http://www.epa.gov/ttn/caaa/t1/memoranda/clean15.pdf.
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    The commenter asserts that ``such information'' will not have 
meaning upon final promulgation of the Lyons Area determination of 
attainment because the Lyons Area will be understood to have attained 
the NAAQS. For further support, the commenter cites to language from 
the Seitz Memorandum (which also references the Calcagni Memorandum and 
57 FR 13498 (April 16, 1992)) \3\ which says that ``no other measures 
to provide for attainment would be needed by areas seeking 
redesignation to attainment since `attainment will have been reached.' 
'' The commenter requests that EPA acknowledge that upon final 
promulgation of the Lyons Area determination of attainment, all 
additional information requirements under section 172(c), including the 
emission inventory provisions, will be considered suspended as long as 
the Lyons Area continues to demonstrate attainment with the 2008 Pb 
NAAQS.
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    \3\ 57 FR 13498 was promulgated after the CAA Amendments in 1990 
as EPA's ``General Preamble'' which principally described EPA's 
preliminary views on how EPA should interpret various provisions of 
Title I, primarily those concerning SIP revisions required for 
nonattainment areas. Although the General Preamble includes various 
statements that states must take certain actions, EPA specifically 
stated in the Federal Register notice that the statements in the 
General Preamble are made pursuant to EPA's preliminary 
interpretations, and thus do not bind the states and the public as a 
matter of law. EPA stated that the General Preamble was an advance 
notice of how EPA generally intends, in subsequent rulemakings, to 
take action on SIP submissions and to interpret various Title I 
provisions. EPA notes the commenter inadvertently cites the General 
Preamble as 57 FR 13564 and not 57 FR 13498.
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    Response: EPA disagrees with the commenter's asserted position that 
upon final promulgation of the Lyons Area determination of attainment, 
all informational or planning requirements under section 172(c), 
including the emission inventory provisions, are considered suspended 
as long as the Lyons Area continues to demonstrate attainment with the 
2008 Pb NAAQS.
    Following enactment of the CAA Amendments of 1990, EPA promulgated 
its interpretation of the requirements for implementing the NAAQS in 
the general preamble for the implementation of Title I of the CAA 
Amendments of 1990 (General Preamble). See 57 FR 13498, 13564 (April 
16, 1992). In 1995, based on the interpretation of CAA sections 171, 
172, and 182 in the General Preamble, EPA set forth what has become 
known as its ``Clean Data Policy'' for the 1-hour ozone NAAQS. See 
Seitz Memorandum. The Seitz Memorandum provided that requirements to 
submit SIP revisions addressing RFP, an attainment demonstration, and 
other related requirements such as contingency measures and other 
specific ozone-related requirements in section 182 not relevant here, 
would be suspended for as long as the nonattainment area continued to 
monitor attainment of the NAAQS.\4\ The Seitz Memorandum did not state 
the emissions inventory requirement in section 172(c)(3) was suspended 
when an area attains the NAAQS.
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    \4\ EPA notes that the Seitz Memorandum specifically states that 
the Memorandum addresses whether areas attaining the NAAQS must 
submit SIP revisions concerning RFP and attainment demonstrations 
and related requirements such as contingency measures, 
transportation control measures, and section 182(g) milestones. The 
Seitz Memorandum does not explicitly or implicitly state that 
requirements to submit emission inventories in section 172(c)(3) are 
suspended.
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    Prior to the Seitz Memorandum, the Calcagni Memorandum in 1992 
addressed prerequisites for redesignation of nonattainment areas to 
attainment. The Calcagni Memorandum indicated certain requirements from 
section 172(c) including RFP, identification of certain emissions 
increases, and other measures needed for attainment would not apply for 
redesignations because they only have meaning for areas not attaining 
the NAAQS. The Calcagni Memorandum specifically stated that the 
requirements for an emission inventory in section 172(c) would be 
satisfied by the emission inventory requirements in section 175A for 
maintenance plans which must be submitted with redesignation requests 
under section 107(d). Thus, the Calcagni Memorandum, like the Seitz 
Memorandum, specifically did not state that emission inventory 
requirements in section 172(c)(3) were not required for areas which had 
attained the NAAQS, but which were still designated nonattainment as 
the Lyons Area is. Rather, according to the Calcagni

[[Page 77913]]

Memorandum, the emission inventory requirement in section 172(c)(3) for 
nonattainment areas is required but can be satisfied by the requirement 
to submit an emission inventory for purposes of section 175A 
maintenance plans.
    Likewise, EPA's General Preamble for title I of the CAA in 57 FR 
13498 also discussed SIP submission requirements that are not 
applicable for purposes of redesignations of areas to attainment (in 
section 107(d)), such as RFP and contingency measures, where the areas 
in question have already attained the NAAQS. The General Preamble 
stated that for areas already attaining the NAAQS, such additional 
measures in section 172(c) that are designed to bring about attainment 
are not needed, and any additional measures to ensure that maintenance 
of the NAAQS continues would be addressed under the requirements for 
maintenance plans in section 175A. See 57 FR 13564 (stating requirement 
for RFP would have no meaning once an area attained). However, like the 
Calcagni Memorandum, the General Preamble also stated that the emission 
inventory requirement of section 172(c)(3) would be satisfied during 
consideration of redesignation requests by the inventory requirements 
of the maintenance plan. Id. Thus, for redesignations, states can 
satisfy the inventory requirement in section 172(c)(3) by meeting the 
section 175A maintenance plan requirement to submit a base-year 
emission inventory.
    Of more relevance, in 2004, EPA indicated its intention to extend 
the Clean Data Policy (from the Seitz Memorandum) to the fine 
particulate matter (PM2.5) NAAQS.\5\ EPA's 2007 
implementation rule for the 1997 PM2.5 NAAQS (the 2007 
PM2.5 Implementation Rule) specifically extended the Clean 
Data Policy to the 1997 PM2.5 NAAQS providing that, when EPA 
makes a determination that an area designated nonattainment has 
attained the PM2.5 NAAQS, certain requirements of section 
172(c) for SIP revisions shall be suspended, including requirements to 
submit an attainment demonstration, RFP, RACM, contingency measures and 
other planning SIPs related to attainment of the NAAQS.\6\ See 40 CFR 
51.1004(c). EPA's Clean Data Policy represents the Agency's long-held 
interpretation that certain requirements of subpart 1 of part D of the 
CAA are, by EPA's terms, not applicable to areas that have attained the 
NAAQS before the applicable attainment date.\7\
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    \5\ Clean Data Policy for the Fine Particle National Ambient Air 
Quality Standards, EPA Memorandum from Steve Page, Director, EPA 
Office of Air Quality Planning Standards, December 14, 2004, located 
at http://www.epa.gov/airquality/urbanair/sipstatus/docs/pm25_clean_data_policy_14dec2004.pdf.
    \6\ Although the D.C. Circuit remanded the 2007 PM2.5 
Implementation Rule to EPA on January 4, 2013, the decision did not 
cast doubt on EPA's interpretation of statutory provisions, 
including EPA's Clean Data Policy interpretation. See Natural 
Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013) 
(remanding the 2007 PM2.5 Implementation Rule due to 
concerns regarding requirements for subpart 4 of part D of Title I 
of the CAA).
    \7\ This discussion refers to subpart 1 of part D of the CAA as 
this subpart contains the general and substantive attainment-related 
requirements for all NAAQS. Subpart 5 establishes additional 
requirements for the lead NAAQS, including the applicable attainment 
date and the deadline for states to submit a plan to meet the 
substantive attainment-related requirements of subpart 1.
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    Specifically, a determination of attainment indicates that the area 
has attained the NAAQS and therefore the purpose of the RFP requirement 
(for the nonattainment area to make progress towards attainment) will 
have been fulfilled. Therefore, the area does not have to address RFP, 
as long as it continues to monitor attainment. In addition, the goal of 
the attainment demonstration required by section 172(c) is to show how 
the area will be brought back into attainment and a clean data 
determination indicates that the area is in attainment.\8\ Thus, EPA 
has determined that an attainment demonstration is unnecessary as 
attainment will have been reached. Finally, the contingency measures 
SIP requirement in section 172(c)(9) is linked with both the attainment 
demonstration and RFP requirements, and similar reasoning applies for 
the suspension of contingency measures requirement upon a determination 
of attainment. Section 172(c)(9) provides that SIPs in nonattainment 
areas shall provide for the implementation of contingency measures to 
be undertaken if the area fails to make reasonable further progress or 
fails to attain the NAAQS. This contingency measure requirement is 
inextricably tied to the reasonable further progress and attainment 
demonstration requirements. Where an area has already achieved 
attainment, it has no need to rely on contingency measures to make 
further progress to attainment. Thus, the contingency measure 
requirement no longer applies when an area has attained the standard.
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    \8\ Likewise, EPA's Clean Data Policy suspends the requirement 
for RACM in SIP submissions for section 172(c) upon a determination 
of attainment because the intent of RACM in section 172(c)(1) is to 
enable an area to attain the NAAQS. RACM would not be needed as an 
``additional measure'' if an area has attained the NAAQS.
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    EPA's Clean Data Policy has been reviewed and consistently upheld 
by a number of courts. U.S. Courts of Appeals for the Tenth, Seventh, 
and Ninth Circuits have all upheld EPA rulemakings applying the Clean 
Data Policy suspending requirements for RFP, attainment demonstrations, 
RACM and contingency measures. See Sierra Club v. EPA, 99 F.3d 1551 
(10th Cir. 1996); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004); Our 
Children's Earth Foundation v. EPA, No. 04-73032 (9th Cir. June 28, 
2005 (Memorandum Opinion)); and Latino Issues Forum v. EPA, Nos. 06-
75831 and 08-71238 (9th Cir. March 2, 2009 (Memorandum Opinion)). 
Notably, in each of those EPA actions upheld by the courts, EPA 
suspended the planning requirements listed above but did not suspend 
the requirement that the state submit an emissions inventory. A listing 
of these rulemakings was provided in the NPR for this action and will 
not be restated here. See 79 FR 46211.
    In alignment with the policies outlined in the Seitz Memorandum for 
ozone and the 2007 PM2.5 Implementation Rule mentioned 
above,\9\ EPA employs the same rationale when it approves the 
suspension of certain requirements for nonattainment areas for the 2008 
Pb NAAQS.\10\ EPA has applied its interpretation of what SIP provisions 
are impacted under a determination of attainment for a nonattainment 
area for the 2008 Pb NAAQS in previous final determinations of 
attainment rulemaking actions for 2008 Pb NAAQS nonattainment areas. 
See 77 FR 52232 (August 29, 2012) and 78 FR 66280 (November 5, 2013).
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    \9\ See 72 FR 20586 (April 25, 2007) (2007 PM2.5 
Implementation Rule). See also 70 FR 71612 (November 29, 2005) 
(Final Rule To Implement the 8-Hour Ozone National Ambient Air 
Quality Standard--Phase 2 which included and extended the Clean Data 
Policy for ozone to the 1997 ozone NAAQS).
    \10\ Each of the above interpretations apply only as long as a 
nonattainment area continues to monitor attainment of the standard. 
If EPA determines that the Lyons Area has violated the 2008 Pb 
NAAQS, the area would again be required to submit the pertinent SIP 
sections in section 172(c) including requirements for RFP, RACM, and 
contingency measures.
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    In the August 7, 2014 NPR, EPA expressly stated that if we 
finalized the determination of attainment for the Lyons Area, the 
requirements for Pennsylvania to submit for the Area an attainment 
demonstration, associated RACM, a RFP plan, contingency measures, and 
other planning requirements related to attainment of the standard would 
be suspended for so long as the Lyons Area continues to attain the 2008 
Pb NAAQS.
    The commenter wrongly interprets this language to mean that upon

[[Page 77914]]

finalization of the determination of attainment for the Lyons Area, all 
of the nonattainment plan provisions that fall under paragraph 172(c), 
including the emission inventory provisions of section 172(c)(3), will 
be suspended for so long as the Lyons Area continues to attain the 2008 
Pb NAAQS.
    Section 172(c) includes a list of requirements for SIP revisions 
for areas that are designated as nonattainment for a NAAQS. As 
discussed earlier, EPA has long interpreted some of the planning 
provisions that directly relate to measures aimed to achieve attainment 
of a NAAQS, such as RFP, RACM, and contingency measures, to no longer 
apply when an area is monitoring attainment of the standard. However, 
EPA believes a number of section 172(c) SIP revision requirements 
continue to apply and must be met even after EPA determines that a 
nonattainment area has attained a NAAQS. The provision requiring a 
nonattainment area to submit an emissions inventory is one such 
obligation that cannot be suspended simply because the area has 
monitored attainment. The requirement in section 172(c)(5) for a 
nonattainment new source review permit program in accordance with 
section 173 is another requirement not suspended by a determination of 
attainment. As stated in the NPR and TSD for this action, a finalized 
determination of attainment does not undo the original designation of 
the area as nonattainment, nor does it redesignate the area to 
attainment. While the commenter cites the Seitz Memorandum, General 
Preamble, and Calcagni Memorandum in support of its position, those 
documents in fact support EPA's interpretation that the emission 
inventory requirement in section 172(c)(3) remains as a required SIP 
provision after a determination of attainment. As discussed earlier, 
the Calcagni Memorandum and General Preamble maintain that the emission 
inventory requirement in section 172(c)(3) continues to apply to areas 
that are attaining the NAAQS, and only provide that for purposes of 
redesignation under 107(d)(3)(E), the requirement can be satisfied by 
an emission inventory submitted pursuant to the maintenance plan 
required by section 175A.
    Thus, EPA disagrees with the commenter that all nonattainment plan 
provision requirements located in section 172(c), including 
``informational'' requirements such as the section 172(c)(3) emissions 
inventory provision, are suspended after a determination of attainment 
is made for the nonattainment area.

V. EPA's Final Action

    EPA is taking final action to determine that the Lyons Area is 
attaining the 2008 lead NAAQS. This determination of attainment is 
based upon certified, quality-assured, and quality-controlled air 
monitoring data showing that this Area has monitored attainment of the 
2008 Pb NAAQS during the period 2011-2013. This final action suspends 
the requirements for this Area to submit an attainment demonstration, 
associated RACM, RFP plans, and contingency measures for failure to 
meet RFP or attainment deadlines so long as this Area continues to meet 
the 2008 Pb NAAQS. EPA is taking this final action because it is in 
accordance with the CAA and EPA policy and guidance.

VI. Statutory and Executive Order Reviews

A. General Requirements

    This action, which makes a determination of attainment based on air 
quality, will result in the suspension of certain Federal requirements 
and/or will not impose any 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 (Public Law 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 rulemaking action 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 February 27, 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 rulemaking action, determining that the Lyons Area has 
attained the 2008 Pb 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, Lead, Reporting and recordkeeping requirements.

[[Page 77915]]

    Dated: December 11, 2014.
William C. Early, Acting,
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. Section 52.2055 is added to read as follows:

Sec.  52.2055  Control strategy: Lead.

    (a) Determination of attainment. EPA has determined, as of December 
29, 2014, based on quality-assured ambient air quality data for 2011 to 
2013, that the Lyons, PA nonattainment area has attained the 2008 Pb 
NAAQS. This determination suspends the requirements for this area to 
submit an attainment demonstration, associated reasonably available 
control measures, a reasonable further progress plan, contingency 
measures, and other planning SIPs related to attainment of the standard 
for as long as this area continues to meet the 2008 Pb NAAQS. If EPA 
determines, after notice-and-comment rulemaking, that this area no 
longer meets the 2008 Pb NAAQS, the corresponding determination of 
attainment for that area shall be withdrawn.
    (b) [Reserved]
[FR Doc. 2014-30174 Filed 12-24-14; 8:45 am]
BILLING CODE 6560-50-P
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