Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77911 

(2) The significant new uses are: 

(i) For each of the chemical 

substances listed in Table 2 of this 

section, any use other than use as a 

reagent to test for hydrogen peroxide in 

milk; a reagent to test for hydrogen 

sulfate, hydrogen cyanide, and nicotine; 

a stain in microscopy; a reagent for 

detecting blood; an analytical standard; 

and, additionally for Colour Index (C.I.) 

Direct Red 28 (Congo Red) (CAS No. 

573–58–0), an indicator dye. 

(ii) For the chemical substances listed 

in Table 1 of this section: Any use. 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Revocation of certain notification 

exemptions. The provisions of 

§ 721.45(f) do not apply to this section. 

A person who imports or processes a 

chemical substance identified in 

paragraph (a)(1) of this section as part of 

an article for a significant new use 

described in paragraph (a)(2) of this 

section is not exempt from submitting a 

significant new use notice. 

(2) [Reserved] 

■ 5. Add § 721.10226 to subpart E to 

read as follows: 

§ 721.10226 Di-n-pentyl phthalate (DnPP). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

di-n-pentyl phthalate (DnPP) (1,2- 

benzenedicarboxylic acid, 1,2-dipentyl 

ester) (CAS No. 131–18–0) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new use is: Any 

use other than use as a chemical 

standard for analytical experiments. 

(b) [Reserved] 

■ 6. Add § 721.10227 to subpart E to 

read as follows: 

§ 721.10227 Alkanes, C12-13, chloro (CAS 

No. 71011–12–6). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

alkanes, C12-13, chloro (CAS No. 71011– 

12–6) is subject to reporting under this 

section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) The significant new use is: Any 

use. 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Persons who must report. Section 

721.5 applies to this section except for 

§ 721.5(a)(2). A person who intends to 

manufacture for commercial purposes a 

substance identified in paragraph (a)(1) 

of this section and intends to distribute 

the substance in commerce must submit 

a significant new use notice. 

(2) [Reserved] 

[FR Doc. 2014–29887 Filed 12–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 

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1Procedures 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. 

2Reasonable 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. 

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. 

4EPA 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. 

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. 

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. 

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 ozonerelated 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. 

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 

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5Clean 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. 

6Although 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). 7This 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. 

8Likewise, 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. 

9See 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). 

10Each 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. 

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

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. 

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). 

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 

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77914 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 

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. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. Section 52.2055 is added to read as 

follows: 

§ 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-andcomment 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

Regulation of Fuels and Fuel Additives 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Parts 72 to 80, revised as of 

July 1, 2014, on page 711, in § 80.75, 

remove the first introductory paragraph, 

including the bold text at the end of the 

paragraph: ‘‘Reporting requirements’’. 

[FR Doc. 2014–30464 Filed 12–24–14; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 74 

[WT Docket Nos. 08–166; 08–167; ET Docket 

No. 10–24; FCC 14–62] 

Information Collection Approval for the 

Rules Regarding Low Power Auxiliary 

Stations, Including Wireless 

Microphones 

AGENCY: Federal Communications 

Commission. 

ACTION: Announcement of approval date 

for information collection. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) 

approved on December 5, 2014, for a 

period for three years, a revision to an 

information collection for the FCC 

Application for Radio Service 

Authorization for the Wireless 

Telecommunications Bureau and the 

Public Safety and Homeland Security 

Bureau, FCC Form 601. With this 

document, the Commission is 

announcing OMB approval and the 

effective date of the revised 

requirements for FCC Form 601. 

DATES: FCC Form 601 was approved by 

OMB on December 5, 2014 and is 

effective on December 29, 2014. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact Cathy 

Williams, Cathy.Williams@fcc.gov, (202) 

418–2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on December 

5, 2014, OMB approved the revised 

information collection requirements for 

FCC Application for Radio Service 

Authorization for the Wireless 

Telecommunications Bureau and the 

Public Safety and Homeland Security 

Bureau FCC Form 601 published at 79 

FR 40680 on July 14, 2014. The OMB 

Control Number is 3060–0798. The 

Commission publishes this document as 

an announcement of the effective date of 

the requirements. If you have any 

comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Cathy Williams, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street SW., Washington, 

DC 20554. Please include the OMB 

Control Number, 3060–0798, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to PRA@

fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received OMB approval on December 5, 

2014, for the revised information 

collection requirements contained in the 

information collection 3060–0798. 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–0798. The foregoing document is 

required by the Paperwork Reduction 

Act of 1995, Pub. L. 104–13, October 1, 

1995, and 44 U.S.C. 3507. The total 

annual reporting burdens and costs for 

the respondents are as follows: 

OMB Control Number: 3060–0798. 

OMB Approval Date: December 5, 

2014. 

OMB Expiration Date: December 31, 

2017. 

Title: FCC Application for Radio 

Service Authorization Wireless 

Telecommunications Bureau; Public 

Safety and Homeland Security Bureau. 

Form No.: FCC Form 601. 

Respondents: Individuals and 

households; Business or other for-profit; 

not-for-profit institutions; and state, 

local or tribal government. 

Number of Respondents and 

Responses: 253,320 respondents and 

253,320 responses. 

Estimated Time per Response: 0.5– 

1.25 hours. 

Frequency of Response: On occasion 

reporting requirement, recordkeeping 

requirement, every ten year reporting 

requirement and third party disclosure 

requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection of 

information is contained in 47 U.S.C. 

151, 152, 154, 154(i), 155(c), 157, 201, 

202, 208, 214, 301, 302a, 303, 307, 308, 

309, 310, 311, 314, 316, 319, 324, 331, 

332, 333, 336, 534, 535 and 554. 

Total Annual Burden: 221,955 hours. 

Total Annual Cost: $71,306,250. 

Privacy Act Impact Assessment: Yes. 

Nature and Extent of Confidentiality: 

In general there is no need for 

confidentiality with this collection of 

information. 

mstockstill on DSK4VPTVN1PROD with RULES