59624 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 

State citation Title/subject State effective 

date 

EPA approval date and citation 1 Explanations 

*******

74:36:21:04 ............................. Visibility impact analysis ........ 6/25/2013 10/2/2015, [insert Federal 

Register citation].

74:36:21:05 ............................. BART determination .............. 6/25/2013 10/2/2015, [insert Federal 

Register citation].

*******

74:36:21:09 ............................. Monitoring, recordkeeping, 

and reporting.

6/25/2013 10/2/2015, [insert Federal 

Register citation].

*******

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

* * * * * 

[FR Doc. 2015–24857 Filed 10–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2015–0029; FRL–9934–82- 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Redesignation Request 

and Associated Maintenance Plan for 

the Pittsburgh-Beaver Valley 

Nonattainment Area for the 1997 

Annual and 2006 24-Hour Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the 

Commonwealth of Pennsylvania’s 

request to redesignate to attainment the 

Pittsburgh Nonattainment Area 

(Pittsburgh 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 

Pittsburgh 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 Pittsburgh Area. The 

maintenance plan includes the 2017 and 

2025 PM2.5 and nitrogen oxides (NOX) 

motor vehicle emissions budgets 

(MVEBs) for the Pittsburgh 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 

emissions inventories for the 1997 

annual PM2.5 NAAQS and the 2011 

emissions inventories for the 2006 24- 

hour PM2.5 NAAQS included in the 

maintenance plan for the Pittsburgh 

Area. These actions are being taken 

under the Clean Air Act (CAA). 

DATES: This final rule is effective on 

October 2, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0029. 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 December 22, 2014, the 

Commonwealth of Pennsylvania, 

through the Pennsylvania Department of 

Environmental Protection (PADEP), 

formally submitted a request to 

redesignate the Pittsburgh Area from 

nonattainment to attainment for the 

1997 annual and 2006 24-hour PM2.5

NAAQS. Concurrently, PADEP 

submitted a maintenance plan for the 

Pittsburgh Area as a SIP revision to 

ensure continued attainment throughout 

the Pittsburgh Area over the next 10 

years. The maintenance plan includes 

the 2017 and 2025 PM2.5 and NOX

MVEBs for the Area for the 1997 annual 

and 2006 24-hour PM2.5 NAAQS, which 

EPA is approving for transportation 

conformity purposes. PADEP also 

submitted 2007 and 2011comprehensive 

emissions inventories that were 

included in the maintenance plan for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS, respectively, for NOX, sulfur 

dioxide (SO2), volatile organic 

compounds (VOC), and ammonia (NH3). 

On May 20, 2015 (80 FR 28906), EPA 

published a notice of proposed 

rulemaking (NPR) for Pennsylvania. In 

the NPR, EPA proposed approval of 

Pennsylvania’s December 22, 2014 

request to redesignate the Pittsburgh 

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 and 2011 emissions inventories 

included in the Pittsburgh Area’s 

maintenance plan for the 1997 annual 

and 2006 24-hour PM2.5 NAAQS, 

respectively, 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 


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Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59625 

submitted on December 22, 2014 by the 

Commonwealth of Pennsylvania for the 

Pittsburgh Area for the 1997 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 Pittsburgh 

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 

Pittsburgh 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 Pittsburgh Area 

for transportation conformity purposes. 

In addition, EPA is approving the 2007 

and the 2011 emissions inventories for 

the Pittsburgh Area as meeting the 

requirement of section 172(c)(3) of the 

CAA for 1997 annual and 2006 24-hour 

PM2.5 NAAQS, respectively. 

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 

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 

Pittsburgh Area pursuant to part D of 

the CAA and approves certain emissions 

inventories and MVEBs for the 

Pittsburgh 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 December 1, 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 Pittsburgh 

Area for the 1997 annual and 2006 24- 

hour PM2.5 NAAQS and the 

comprehensive emissions inventories 

for the Pittsburgh Area for the 1997 


asabaliauskas on DSK5VPTVN1PROD with RULES
59626 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 

annual and the 2006 24-hour PM2.5

NAAQS, respectively, 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: September 17, 2015. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR parts 52 and 81 are 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 an entry for 

‘‘1997 Annual and 2006 24-Hour PM2.5

Maintenance Plan, and 2007 and 2011 

Base Year Emissions Inventories’’ at the 

end of the table. The added text reads 

as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP revision Applicable geographic area State submittal 

date EPA approval date Additional explanation 

*******

1997 Annual and 2006 24-Hour 

PM2.5 Maintenance Plan, and 

2007 and 2011 Base Year 

Emissions Inventories.

Pittsburgh-Beaver Valley ............ 12/22/14 10/2/15 [Insert Federal Register 

citation].

See § 52.2036(y) and 

§ 52.2059(t). 

■ 3. Section 52.2036 is amended by 

adding paragraph (y) to read as follows: 

§ 52.2036 Base year emissions inventory. 

* * * * * 

(y) EPA approves as a revision to the 

Pennsylvania State Implementation Plan 

the 2007 and 2011 base year emissions 

inventories for the Pittsburgh-Beaver 

Valley 1997 annual and 2006 24-hour 

fine particulate matter (PM2.5) 

nonattainment area, respectively, 

submitted by the Pennsylvania 

Department of Environmental Protection 

on December 22, 2014. The emissions 

inventories include emissions estimates 

that cover the general source categories 

of point, area, nonroad, and onroad 

sources. The pollutants that comprise 

the inventories are PM2.5, nitrogen 

oxides (NOX), volatile organic 

compounds (VOCs), ammonia (NH3), 

and sulfur dioxide (SO2). 

■ 4. Section 52.2059 is amended by 

adding paragraph (t) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(t) EPA approves the maintenance 

plan for the Pittsburgh nonattainment 

area for the 1997 annual and 2006 24- 

hour PM2.5 NAAQS submitted by the 

Commonwealth of Pennsylvania on 

December 22, 2014. The maintenance 

plan includes the 2017 and 2025 PM2.5

and NOX motor vehicle emissions 

budgets (MVEBs) to be applied to all 

future transportation conformity 

determinations and analyses for the 

Pittsburgh nonattainment area for the 

1997 annual and 2006 24-hour PM2.5

NAAQS. 

PITTSBURGH-BEAVER VALLEY’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL AND 2006 24-HOUR PM2.5

NAAQS IN TONS PER YEAR

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

approval 

Maintenance Plan ................................................................................. 2017 700 17,584 October 2, 2015. 

2025 537 10,709 October 2, 2015. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 5. The authority citation for Part 81 

continues to read as follows: 

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

■ 6. Section 81.339 is amended by 

revising the ‘‘1997 Annual PM2.5

NAAQS’’ and the ‘‘2006 24-Hour PM2.5

NAAQS’’ tables entry for the PittsburghBeaver Valley, PA to read as follows: 

§ 81.339 Pennsylvania. 

* * * * * 

PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

*******

Pittsburgh-Beaver Valley, PA: 


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Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59627 

PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS—Continued 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

Allegheny County (remainder) ............................. October 2, 2015 ............... Attainment.

Armstrong County (part) ...................................... October 2, 2015 ............... Attainment.

Elderton Borough and Plumcreek and Washington 

Townships: 

Beaver County ..................................................... October 2, 2015 ............... Attainment.

Butler County ....................................................... October 2, 2015 ............... Attainment.

Greene County (part) ........................................... October 2, 2015 ............... Attainment.

Monongahela Township: 

Lawrence County (part) ....................................... October 2, 2015 ............... Attainment.

Township of Taylor south of New Castle City: 

Washington County .............................................. October 2, 2015 ............... Attainment.

Westmoreland County .......................................... October 2, 2015 ............... Attainment.

*******

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

PENNSYLVANIA—2006 24-HOUR PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

*******

Pittsburgh-Beaver Valley, PA: 

Allegheny County (remainder) ............................. October 2, 2015 ............... Attainment.

Armstrong County (part) ...................................... October 2, 2015 ............... Attainment.

Elderton Borough and Plumcreek and Washington 

Townships: 

Beaver County ..................................................... October 2, 2015 ............... Attainment.

Butler County ....................................................... October 2, 2015 ............... Attainment.

Green County (part) ............................................. October 2, 2015 ............... Attainment.

Monongahela Township: 

Lawrence County (part) ....................................... October 2, 2015 ............... Attainment.

Township of Taylor south of New Castle City: 

Washington County .............................................. October 2, 2015 ............... Attainment.

Westmoreland County .......................................... October 2, 2015 ............... Attainment.

*******

a Includes Indian County located in each county or area, except as otherwise specified. 

1This date is 30 days after November 13, 2009, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

[FR Doc. 2015–24851 Filed 10–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0141; FRL–9933–03] 

Benzovindiflupyr; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of 

benzovindiflupyr in or on multiple 

commodities that are identified and 

discussed later in this document. 

Syngenta Crop Protection, LLC., 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

October 2, 2015. Objections and 

requests for hearings must be received 

on or before December 1, 2015, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2013–0141, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 


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