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[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Pages 22112-22115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-09005]

[[Page 22112]]

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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.

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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

[[Page 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

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. In Sec.  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:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

[[Page 22114]]

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    Name of non-regulatory SIP      Applicable geographic       State
             revision                        area          submittal date             EPA approval date                    Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
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1997 Annual and 2006 24-Hour PM2.5  Philadelphia-                  9/5/14  4/21/15 [Insert Federal Register        See Sec.   52.2036(u) and Sec.
 Maintenance Plan and 2007 Base      Wilmington, PA-NJ-DE.                  citation].                              52.2059(p)
 Year Emissions Inventory.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2036 is amended by adding paragraph (u) to read as 
follows:

Sec.  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).

0
4. Section 52.2059 is amended by adding paragraph (p) to read as 
follows:

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

0
5. The authority citation for part 81 continues to read as follows:

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

0
6. Section 81.339 is amended by revising the entry for ``Philadelphia-
Wilmington, 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:

Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                         Classification
         Designated area         -------------------------------------------------------------------------------
                                        Date \1\               Type              Date \2\             Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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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.........
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *

[[Page 22115]]

                                     Pennsylvania--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                         Classification
         Designated area         -------------------------------------------------------------------------------
                                        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.........
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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\a\ Includes Indian County located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

[FR Doc. 2015-09005 Filed 4-20-15; 8:45 am]
 BILLING CODE 6560-50-P
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