Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations 26461 

1EPA’s February 6, 2015 NPR also proposed 

approval of two other Pennsylvania SIP submittals 

dated July 15, 2014 which addressed certain 

requirements of section 110(a)(2) of the CAA for the 

2008 ozone NAAQS and the 2010 sulfur dioxide 

(SO2) NAAQS. In this rulemaking action, EPA is not 

taking final action on the Pennsylvania SIP 

submittals for the 2008 ozone NAAQS or 2010 SO2

NAAQS. EPA will take final rulemaking action on 

those SIP submittals in a separate action. 

2The NPR also explained the scope of 

infrastructure SIPs in general and EPA’s authority 

to act on specific elements of CAA section 110(a)(2) 

for a particular NAAQS in separate rulemaking 

actions. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0910; FRL–9927–35– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Infrastructure 

Requirements for the 2010 Nitrogen 

Dioxide and 2012 Fine Particulate 

Matter National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

two State Implementation Plan (SIP) 

revisions submitted by the 

Commonwealth of Pennsylvania 

through the Pennsylvania Department of 

Environmental Protection (PADEP) 

pursuant to the Clean Air Act (CAA). 

Whenever new or revised national 

ambient air quality standards (NAAQS) 

are promulgated, the CAA requires 

states to submit a plan for the 

implementation, maintenance, and 

enforcement of such NAAQS. The plan 

is required to address basic program 

elements, including, but not limited to 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 

These elements are referred to as 

infrastructure requirements. PADEP 

made two separate SIP submittals 

addressing the infrastructure 

requirements for the 2010 nitrogen 

dioxide (NO2) NAAQS and the 2012 fine 

particular matter (PM2.5) NAAQS. In this 

rulemaking action, EPA is approving, in 

accordance with the requirements of the 

CAA, the two infrastructure SIP 

submissions with the exception of some 

portions of the submittals addressing 

visibility protection. 

DATES: This final rule is effective on 

June 8, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0910. 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 submittals are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality, P.O. 

Box 8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision 

On February 6, 2015 (80 FR 6672), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania 

proposing approval of Pennsylvania’s 

SIP submittals to satisfy several 

requirements of section 110(a)(2) of the 

CAA for the 2010 NO2 NAAQS and 

2012 PM2.5 NAAQS.1 In the NPR, EPA 

proposed approval of Pennsylvania’s 

July 15, 2014 infrastructure SIP 

submittals for the 2010 NO2 NAAQS 

and 2012 PM2.5 NAAQS for the 

following infrastructure elements in 

section 110(a)(2): (A), (B), (C), (D)(i)(II) 

(prevention of significant deterioration 

(PSD)), (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). Pennsylvania’s July 15, 

2014 SIP submittals for the 2010 NO2

NAAQS and the 2012 PM2.5 NAAQS did 

not include any provisions addressing 

section 110(a)(2)(D)(i)(I) (interstate 

transport) or 110(a)(2)(I) (nonattainment 

plan requirements). Thus, EPA’s NPR 

did not propose to approve the 

infrastructure SIP submittals for the 

2010 NO2 NAAQS or 2012 PM2.5

NAAQS for the requirements in section 

110(a)(2)(D)(i)(I) or 110(a)(2)(I). Section 

110(a)(2)(I) pertains to the 

nonattainment planning requirements of 

part D, Title I of the CAA, and therefore 

Pennsylvania was not required to 

submit anything for this element by the 

3-year submission deadline of section 

110(a)(1) for either the 2010 NO2

NAAQS or 2012 PM2.5 NAAQS. The 

requirements of section 110(a)(2)(I) for 

these NAAQS will be addressed in a 

separate SIP process where appropriate. 

Section 110(a)(2)(D)(i)(I) pertains to 

interstate transport of emissions. EPA 

will take separate action for 

Pennsylvania concerning this element 

for the 2010 NO2 NAAQS and 2012 

PM2.5 NAAQS. Finally, Pennsylvania’s 

July 15, 2014 infrastructure SIP 

submittals for the 2010 NO2 NAAQS 

and 2012 PM2.5 NAAQS did include 

provisions addressing the visibility 

protection element in section 

110(a)(2)(D)(i)(II) of the CAA; however, 

EPA’s NPR did not propose to approve 

any of Pennsylvania’s SIP submittals for 

the requirements in section 

110(a)(2)(D)(i)(II) for visibility 

protection. EPA’s NPR stated we would 

take separate action on the visibility 

protection element of section 

110(a)(2)(D)(i)(II) submitted as part of 

the July 15, 2014 SIP submittals. Thus, 

this rulemaking does not take any final 

action on the July 15, 2014 

infrastructure SIP submittals for section 

110(a)(2)(D)(i)(II) (visibility protection) 

for the 2010 NO2 NAAQS or the 2012 

PM2.5 NAAQS. 

In the NPR, EPA also proposed 

approval of Pennsylvania’s July 15, 2014 

SIP submittals for certain requirements 

of CAA section 110(a)(2) for the 2008 

ozone and 2010 sulfur dioxide (SO2) 

NAAQS. EPA will take separate final 

action on the proposed approval of 

Pennsylvania’s infrastructure SIP 

submittals for the 2008 ozone and 2010 

SO2 NAAQS. 

The rationale supporting EPA’s 

approval of Pennsylvania’s July 15, 2014 

infrastructure SIP submittals for the 

2010 NO2 NAAQS and 2012 PM2.5

NAAQS, which address certain 

requirements of CAA section 110(a)(2), 

was explained in the NPR and the 

technical support document (TSD) 

accompanying the NPR and will not be 

restated here.2 The TSD is available 

online at www.regulations.gov, Docket 

ID Number EPA–R03–OAR–2014–0910. 

EPA received no adverse comments on 

our proposed approval of 

Pennsylvania’s infrastructure SIP 

submittals which address certain 

requirements in section 110(a)(2) for the 

2010 NO2 NAAQS and 2012 PM2.5

NAAQS as explained above. 

II. Final Action 

EPA is approving as a revision to the 

Pennsylvania SIP, Pennsylvania’s July 

15, 2014 infrastructure SIP submittals 

which provide the basic program 

elements specified in section 

110(a)(2)(A), (B), (C), (D)(i)(II)(PSD), 


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26462 Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M) of the CAA, necessary to 

implement, maintain, and enforce the 

2010 NO2 NAAQS and 2012 PM2.5

NAAQS. This rulemaking action does 

not include any rulemaking action on 

Pennsylvania’s infrastructure SIP 

submittals for requirements in CAA 

section 110(a)(2)(D)(i)(I) (interstate 

transport) or (D)(i)(II) (visibility 

protection). EPA will address these 

requirements in section 110(a)(2)(D)(i)(I) 

and (D)(i)(II) (visibility protection) in 

separate actions. EPA will take final 

action on Pennsylvania’s SIP submittals 

addressing infrastructure elements of 

CAA section 110(a)(2) for the 2008 

ozone NAAQS and 2010 SO2 NAAQS in 

a separate action. This rulemaking does 

not address requirements for section 

110(a)(2)(I) for the 2010 NO2 NAAQS or 

2012 PM2.5 NAAQS as those 

requirements are due on a separate 

schedule and will be addressed in 

separate actions where necessary. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 7, 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 pertaining to 

Pennsylvania’s section 110(a)(2) 

infrastructure elements for the 2010 NO2

NAAQS and 2012 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, Sulfur dioxide, Reporting and 

recordkeeping requirements. 

Dated: April 21, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding two entries 

for Section 110(a)(2) Infrastructure 

Requirements for the 2010 NO2 NAAQS 

and 2012 PM2.5 NAAQS at the end of 

the table to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 


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Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations 26463 

Name of non-regulatory SIP revision Applicable 

geographic area 

State submittal 

date EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 2010 NO2

NAAQS.

Statewide .......... 7/15/14 5/8/15 [Insert Federal 

Register citation].

This rulemaking action addresses the 

following CAA elements: 

110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), 

and (M). 

Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5

NAAQS.

Statewide .......... 7/15/14 5/8/15 [Insert Federal 

Register citation].

This rulemaking action addresses the 

following CAA elements: 

110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), 

and (M). 

* * * * * 

[FR Doc. 2015–11033 Filed 5–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2011–0135; FRL–9927–17– 

OAR] 

RIN 2060–AS36 

Partial Withdrawal of Technical 

Amendments Related to: Tier 3 Motor 

Vehicle Fuel and Quality Assurance 

Plan Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Partial withdrawal of direct 

final rule. 

SUMMARY: Because EPA received 

adverse comment on certain elements of 

the Tier 3 Amendments direct final rule 

published on February 19, 2015, we are 

withdrawing those elements of the 

direct final rule. EPA intends to 

consider the comments received and 

proceed with a new final rule for the 

withdrawn elements. The remaining 

elements will go into effect pursuant to 

the direct final rule. 

DATES: Effective May 5, 2015, EPA 

withdraws the amendments to 40 CFR 

80.1453, 80.1616, and 80.1621 

published at 80 FR 9078 on February 19, 

2015. 

FOR FURTHER INFORMATION CONTACT: Julia 

MacAllister, Office of Transportation 

and Air Quality, Assessment and 

Standards Division, 2000 Traverwood 

Drive, Ann Arbor, Michigan 48105; 

telephone number: 734–214–4131; 

email address: MacAllister.Julia@

epa.gov. 

SUPPLEMENTARY INFORMATION: We stated 

in the Tier 3 Technical Amendments 

direct final rule published on February 

19, 2015 (80 FR 9078) that if we 

received adverse comment by April 6, 

2015, as to any part of the direct final 

rule, those parts would be withdrawn by 

publishing a timely notice in the 

Federal Register. Because EPA received 

adverse comment, we are withdrawing 

the amendments that were the subject of 

these adverse comments and they will 

not take effect. Three specific provisions 

are being withdrawn, as described 

below. 

First, 40 CFR 80.1453: In the 

Renewable Fuel Standard (RFS) Quality 

Assurance Program (QAP) Rule (79 FR 

42078, July 18, 2014), EPA added 

additional product transfer document 

(PTD) requirements for renewable fuels 

that informed parties that took 

ownership of the renewable fuel that 

they would need to (a) use the fuel as 

it was intended, i.e., for transportation 

use; and, (b) incur a renewable volume 

obligation (RVO) if the fuel was 

exported. Shortly after publication of 

the QAP final rule, we received 

questions on whether these PTD 

requirements would apply downstream 

to the end users, including residential 

heating oil owners and people filling up 

their fuel tanks at fuel retail stations. 

EPA provides downstream end user 

exemptions to the PTD requirements in 

other fuels programs, and the direct 

final rule included similar exemptions 

for RFS PTD requirements. The words 

‘‘or custody’’ were inadvertently added 

to the RFS PTD requirements and we 

received several comments pointing out 

that applying the PTD requirements to 

the transfer of custody of renewable 

fuels would be costly to industry and 

not beneficial to the RFS program. In 

this action we are withdrawing all of the 

changes to 40 CFR 80.1453. 

Second, 40 CFR 80.1616: The direct 

final rule included some clarifying 

language for when credits expire and are 

reported. We received a comment 

advocating for small refiners and small 

volume refineries to be allowed to use 

credits past January 1, 2020—to 

effectively receive a small refiner- and 

small volume refinery-specific period of 

lead time before these parties must 

comply with the Tier 3 sulfur standards. 

Although it is not clear whether this 

comment is germane to the provisions of 

the direct final rule, in light of the short 

time frame for withdrawal of the direct 

final rule, we have decided to treat this 

as an adverse comment on the amended 

rulemaking provisions and we therefore 

are withdrawing the proposed changes 

to 40 CFR 80.1616. 

Third, 40 CFR 80.1621: Following 

publication of the Tier 3 Final Rule (79 

FR 23414, April 28, 2014) we were 

contacted by some refiners to clarify if/ 

when small volume refineries could be 

disqualified, because there was language 

inadvertently deleted from the 

regulatory text as part of the Tier 3 final 

rule. In re-inserting this text in the 

direct final rule, we clarified that small 

volume refinery disqualification was 

akin to small refiner disqualification. 

We received adverse comment raising 

the issue that the new wording is 

confusing because it does not explicitly 

state exactly when and under which 

circumstances that disqualification 

could occur, and also that the term 

‘‘small refinery’’ was used instead of the 

correct term ‘‘small volume refinery’’. In 

this action we are withdrawing all 

changes to 40 CFR 80.1621. 

EPA published a parallel proposed 

rule on the same day as the direct final 

rule. The proposed rule invited 

comment on the substance of the direct 

final rule. EPA intends to consider the 

comments received and proceed with a 

new final rule. As stated in the parallel 

proposal, EPA does not plan to institute 

a second comment period for the 

proposed action with respect to the 

provisions that are withdrawn by this 

notice. 

The amendments for which we did 

not receive adverse comment are not 

being withdrawn and will become 


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