Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 24027 

1EPA determined that extension of the Lower 

Beaver Valley nonattainment area did not affect the 

required attainment date or SIP submission 

deadline for the Area. See 76 FR 72097 (November 

22, 2011). 

amends 38 CFR part 17 with the 

following correcting amendment: 

PART 17—MEDICAL 

■ 1. The authority citation for part 17 

continues to reads as follows: 

Authority: 38 U.S.C. 501, and as noted in 

specific sections. 

■ 2. In § 17.1530, add paragraphs (a)(1) 

and (2) to read as follows: 

§ 17.1530 Eligible entities and providers. 

(a) * * * 

(1) Not a part of, or an employee of, 

VA; or 

(2) If the provider is an employee of 

VA, is not acting within the scope of 

such employment while providing 

hospital care or medical services 

through the Veterans Choice Program. 

* * * * * 

Dated: April 19, 2016. 

William F. Russo, 

Office of Regulation Policy & Management, 

Office of the General Counsel. 

[FR Doc. 2016–09475 Filed 4–22–16; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0112; FRL–9945–45– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Attainment Plan for the 

Lower Beaver Valley Nonattainment 

Area for the 2008 Lead National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania (Pennsylvania). The 

revision demonstrates attainment of the 

2008 lead national ambient air quality 

standards (NAAQS) in the Lower Beaver 

Valley nonattainment area (Lower 

Beaver Valley Area or Area). The 

attainment plan includes the base year 

emissions inventory, an analysis of 

reasonably available control technology 

(RACT), reasonably available control 

measures (RACM) and reasonable 

further progress (RFP), a modeling 

demonstration of attainment, and 

contingency measures for the Area. EPA 

is approving Pennsylvania’s lead 

attainment plan for the Lower Beaver 

Valley Area as a revision to 

Pennsylvania’s SIP in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

May 25, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0112. 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 through www.regulations.gov 

or may be viewed 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: 

Gerallyn Duke, (215) 814–2084, or by 

email at duke.gerallyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 20, 2016 (81 FR 3078), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. In the 

NPR, EPA proposed approval of a 

revision to Pennsylvania’s SIP for the 

purpose of demonstrating attainment of 

the 2008 lead NAAQS in the Lower 

Beaver Valley Area. The formal SIP 

revision was submitted by Pennsylvania 

on January 15, 2015. 

On November 12, 2008 (73 FR 66964), 

EPA revised the lead NAAQS, lowering 

the level from 1.5 micrograms per cubic 

meter (mg/m3) to 0.15 mg/m3 calculated 

over a three-month rolling average. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

United States as attaining or not 

attaining the NAAQS; this designation 

process is described in section 107(d)(1) 

of the CAA. 

On November 22, 2010 (75 FR 71033), 

EPA designated Vanport and Potter 

Townships in Beaver County, 

Pennsylvania as the Lower Beaver 

Valley Area for its nonattainment status 

with respect to the 2008 lead NAAQS. 

On November 22, 2011 (76 FR 72097), 

EPA revised the Lower Beaver Valley 

Area boundary to include Center 

Township. The designation of the Lower 

Beaver Valley Area as nonattainment for 

the 2008 lead NAAQS triggered 

requirements under section 191(a) of the 

CAA, requiring Pennsylvania to submit 

a SIP revision with a plan for how the 

Area will attain the 2008 lead NAAQS, 

as expeditiously as practicable, but no 

later than December 31, 2015.1

Section 179(a)(1) of the CAA 

establishes specific consequences if EPA 

finds that a state has failed to submit a 

SIP or, with regard to a submitted SIP, 

if EPA determines it is incomplete or if 

EPA disapproves it. Additionally, any of 

these findings also triggers an obligation 

for EPA to promulgate a federal 

implementation plan (FIP) if the state 

has not submitted, and EPA has not 

approved, the required SIP within 2 

years of the finding pursuant to section 

110(c) of the CAA. On February 25, 

2014, the EPA issued a finding that 

Pennsylvania failed to make the 

required nonattainment SIP submission 

for the Lower Beaver Valley Area. 79 FR 

10391. With this final approval of 

Pennsylvania’s Lower Beaver Valley 

attainment plan SIP in accordance with 

section 172(c) of the CAA, EPA no 

longer has any obligation to issue a FIP 

for the Lower Beaver Valley Area in 

accordance with section 110(c) of the 

CAA. 

II. Summary of SIP Revision 

On January 15, 2015, Pennsylvania 

through the Department of 

Environmental Protection (PADEP) 

submitted an attainment plan for the 

Lower Beaver Valley Area as a SIP 

revision which includes a base year 

emissions inventory, an attainment 

demonstration, an analysis of RACM 

and RACT, provisions for RFP, and 

contingency measures. The SIP revision 

also includes as attainment control 

measures certain provisions of a 

November 21, 2012 consent order and 

agreement (COA) (specifically including 

paragraphs 3, 5, and 6) between PADEP 

and Horsehead Corporation 

(Horsehead), the largest source of lead 

in the Area at the time of designations. 

Pennsylvania’s attainment 

demonstration relied primarily on the 

emissions reductions achieved by the 

shutdown of the smelter equipment at 

Horsehead, as required by the COA. 

EPA’s analysis of the submitted 

attainment plan includes a review of 


jstallworth on DSK7TPTVN1PROD with RULES
24028 Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 

these elements for the Lower Beaver 

Valley Area. 

EPA’s approval of the attainment plan 

is based on the Agency’s finding that the 

Area meets all applicable lead NAAQS 

attainment plan requirements under 

CAA sections 172, 191, and 192. Due to 

monitored ambient air quality violations 

in 2013 and 2014, the Area did not 

attain the lead NAAQS by the 

applicable attainment date of December 

2015. However, closure of Horsehead in 

2014 as required per the COA will 

facilitate attainment of the 2008 lead 

NAAQS by 2017. EPA is approving the 

attainment year emissions inventory 

submitted with the plan, as well as the 

RACM/RACT and RFP analyses, the 

attainment demonstration including 

modeling, and the contingency 

measures for the Lower Beaver Valley 

Area. 

Other specific requirements of the SIP 

submittal attainment plan for the Lower 

Beaver Valley Area and the rationale for 

EPA’s proposed action are explained in 

the NPR and its accompanying 

Technical Support Documents (TSDs) 

and will not be restated here. No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving the lead attainment 

plan for the Lower Beaver Valley Area 

as a revision to the Pennsylvania SIP, as 

submitted on January 15, 2015, 

including the attainment demonstration, 

base year emissions inventory, RACM/

RACT and RFP analyses, contingency 

measures and paragraphs 3,5 and 6 of 

the COA between PADEP and 

Horsehead provided as attainment 

control measures. EPA has determined 

that the January 15, 2015 SIP revision 

meets the applicable requirements of the 

CAA. With EPA’s final approval of 

Pennsylvania’s Lower Beaver Valley 

Area attainment plan as a SIP revision, 

EPA no longer has any obligation to 

promulgate a FIP for the Area pursuant 

to sections 110(c) or 172(c) of the CAA. 

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 24, 2016. 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 Pennsylvania’s SIP revision 

containing the attainment plan for the 

2008 lead NAAQS in the Lower Beaver 

Valley Area 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, 

Lead. 

Dated: April 6, 2016. 

Shawn M. Garvin, 

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 the entry 

‘‘2008 Lead Attainment Plan’’ at the end 

of the table to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 24029 

Name of non-regulatory SIP 

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

*******

2008 Lead Attainment Plan .... Lower Beaver Valley Area ..... 1/15/15 4/25/16, [Insert Federal Register citation].See §§ 52.2036(aa) and 

52.2055(c). 

* * * * * 

■ 3. Section 52.2036 is amended by 

adding paragraph (aa) to read as follows: 

§ 52.2036 Base year emissions inventory. 

* * * * * 

(aa) EPA approves as a revision to the 

Pennsylvania state implementation plan 

the 2010 base year emissions inventory 

for the Lower Beaver Valley, 

Pennsylvania nonattainment area for the 

2008 lead NAAQS. This SIP revision 

was submitted by the Pennsylvania 

Department of Environmental Protection 

on January 15, 2015. This submittal 

includes the 2010 base year emissions 

inventory for all relevant sources in the 

Lower Beaver Valley nonattainment area 

for the pollutant lead. 

■ 4. Section 52.2055 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2055 Control strategy: Lead. 

* * * * * 

(c) EPA approves the state 

implementation plan for the Lower 

Beaver Valley, Pennsylvania 

nonattainment area for the 2008 lead 

NAAQS. This SIP revision includes 

reasonably available control measures, 

reasonably available control technology, 

contingency measures, and an 

attainment demonstration submitted by 

the Pennsylvania Department of 

Environmental Protection on January 

15, 2015. 

[FR Doc. 2016–09432 Filed 4–22–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0751; FRL–9944–38– 

Region 9] 

Approval of California Air Plan 

Revisions, San Joaquin Valley Unified 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the San Joaquin 

Valley Unified Air Pollution Control 

District (SJVUAPCD) portion of the 

California State Implementation Plan 

(SIP). This revision concerns emissions 

of volatile organic compounds (VOCs), 

oxides of nitrogen (NOX), and 

particulate matter (PM) from internal 

combustion engines. We are approving 

a local rule that regulates these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule will be effective on 

May 25, 2016. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2015– 

0751 for this action. Generally, 

documents in the docket for this action 

are available electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, Law.Nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On December 2, 2015 (80 FR 75442), 

the EPA proposed to approve the 

following rule into the California SIP. 

Local agency Rule No. Rule title Amended Submitted 

SJVUAPCD ................................... 4702 Internal Combustion Engines ........................................... 11/14/13 05/13/14 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. 

Because one document in the docket for 

the proposal was not listed in 

www.regulations.gov until after the 

comment period had closed, EPA 

reopened the comment period on 

February 12, 2016 for an additional 15 

days to ensure the public had an 

opportunity to review and comment on 

all material in the docket. During both 

open comment periods, we received no 

comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving this rule into the California 

SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

SJVUAPCD rules described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

available electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 


jstallworth on DSK7TPTVN1PROD with RULES