Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59615 

[FR Doc. 2015–25037 Filed 10–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0470; FRL–9934–91– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Commonwealth of Pennsylvania; 

Approval of the Base Year Emissions 

Inventory for the Liberty-Clairton 

Nonattainment Area for the 2006 24- 

Hour Fine Particulate Matter Standard 

and Approval of Transportation 

Conformity Insignificance Findings for 

the 1997 Annual and 2006 24-Hour Fine 

Particulate Matter Standards for the 

Liberty-Clairton Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve two revisions to the 

Commonwealth of Pennsylvania 

(Pennsylvania) State Implementation 

Plan (SIP). The first revision consists of 

the 2007 base year emissions inventory 

for the Liberty-Clairton nonattainment 

area (hereafter ‘‘the Liberty-Clairton 

Area’’ or ‘‘the Area’’) with respect the 

2006 24-hour fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS or standard). The 

second revision consists of 

insignificance findings for the mobile 

source contribution of PM2.5 and 

nitrogen oxides (NOX) emissions for the 

Liberty-Clairton Area for both the 1997 

annual and 2006 24-hour PM2.5

standards. EPA is approving the 2007 

base year emissions inventory for the 

Liberty-Clairton Area for the 2006 24- 

hour PM2.5 NAAQS. Furthermore, EPA 

is finding the motor vehicle emission 

inventories adequate for transportation 

conformity purposes and is approving 

the insignificance findings for the 

mobile source contribution of PM2.5 and 

NOX emissions for the Liberty-Clairton 

Area for both the 1997 annual and 2006 

24-hour PM2.5 standards. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This rule is effective on 

December 1, 2015 without further 

notice, unless EPA receives adverse 

written comment by November 2, 2015. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2015–0470 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2015–0470, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2015– 

0470. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI, or otherwise 

protected, through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in www.regulations.gov or 

in hard copy 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; 

and at the Allegheny County Health 

Department, Bureau of Environmental 

Quality, Division of Air Quality, 301 

39th Street, Pittsburgh, Pennsylvania 

15201. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: On June 

21, 2013, the Commonwealth 

Pennsylvania submitted, on behalf of 

Allegheny County, a formal revision to 

its SIP. The SIP revision consisted of the 

2006 24-hour PM2.5 NAAQS attainment 

plan for the Liberty-Clairton Area, 

which included among other things, an 

attainment demonstration, a 2007 base 

year emissions inventory, a reasonably 

available control measures (RACM) 

analysis, and a description of 

contingency measures. On July 31, 2014, 

the SIP revision was supplemented to 

include additional information 

regarding control measures as part of the 

attainment demonstration and 

insignificance findings for 

transportation conformity purposes for 

both the 1997 and 2006 24-hour PM2.5

NAAQS. 

Today’s action only pertains to the 

approval of the 2007 base year 

emissions inventory to satisfy the 

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

CAA and the transportation conformity 

insignificance findings to satisfy EPA’s 

requirements at 40 CFR 93.118(e)(4) and 

40 CFR 93.109(f). 

I. Background 

On July 16, 1997, EPA established an 

annual PM2.5 NAAQS at 15.0 

micrograms per cubic meter (mg/m3) 

(hereafter referred to as ‘‘the 1997 

annual PM2.5 NAAQS’’), based on a 3- 

year average of annual mean PM2.5

concentrations (62 FR 38652, July 18, 

1997). At that time, EPA also 

established a 24-hour standard of 65 mg/ 

m3 (hereafter referred to as ‘‘the 1997 


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1EPA’s 2008 NSR PM2.5 Rule relates to 

requirements for the NSR permitting program 

required by parts C and D of title I of the CAA. The 

details and provisions of the 2008 NSR PM2.5 Rule 

are not relevant to this rulemaking. 

2EPA’s June 6, 2013 withdrawal memorandum is 

available at http://www.epa.gov/ttn/naaqs/pm/pdfs/ 

implementationguidancewithdrawmemo.pdf. 

24-hour PM2.5 NAAQS’’). See 40 CFR 

50.7. The 1997 PM2.5 standards were 

based on significant evidence and 

numerous health studies demonstrating 

that serious health effects are associated 

with exposures to particulate matter. 

On January 5, 2005 (70 FR 944), EPA 

published its nonattainment area 

designations for the 1997 annual PM2.5

NAAQS based upon air quality 

monitoring data for calendar years 

2001–2003. These designations, 

effective on April 5, 2005, included the 

Liberty-Clairton Area as a 

nonattainment area. The LibertyClairton Area for the 1997 annual PM2.5

NAAQS is comprised of the following 

portion of Allegheny County: The 

boroughs of Lincoln, Glassport, Liberty, 

and Port Vue and the City of Clairton. 

See 40 CFR 81.339 (Pennsylvania). The 

Liberty-Clairton Area is surrounded by, 

but separate and distinct from, the 

Pittsburgh-Beaver Valley PM2.5

nonattainment area. 

On September 21, 2006, EPA retained 

the 1997 annual PM2.5 NAAQS at 15.0 

mg/m3 (hereby ‘‘the 2006 annual PM2.5

NAAQS’’) based on a 3-year average of 

annual mean PM2.5 concentrations, and 

promulgated a new 24-hour standard of 

35 mg/m3 (hereafter ‘‘the 2006 24-hour 

PM2.5 NAAQS’’) based on a 3-year 

average of the 98th percentile of 24-hour 

concentrations (71 FR 61144, October 

17, 2006). The revised 2006 24-hour 

PM2.5 standard became effective on 

December 18, 2006. See 40 CFR 50.13. 

The more stringent 2006 24-hour PM2.5

NAAQS is based on significant evidence 

and numerous health studies 

demonstrating that serious health effects 

are associated with short-term 

exposures to PM2.5 at this level. 

Many petitioners challenged aspects 

of EPA’s 2006 revisions to the PM2.5

NAAQS. See American Farm Bureau 

Federation and National Pork Producers 

Council, et al. v. EPA, 559 F.3d 512 

(D.C. Cir. 2009). As a result of this 

challenge, the U.S. Court of Appeals for 

the District of Columbia Circuit (DC 

Circuit) remanded the 2006 annual 

PM2.5 NAAQS to EPA for further 

proceedings. The 2006 24-hour PM2.5

NAAQS was not affected by the remand 

and remains in effect. 

On November 13, 2009, EPA 

published designations for the 2006 24- 

hour PM2.5 NAAQS (74 FR 58688). 

These designations, effective on 

December 14, 2009, included the 

Liberty-Clairton Area as a 

nonattainment area for the 2006 24-hour 

PM2.5 NAAQS, retaining the same 

geographical boundaries as for the 1997 

annual PM2.5 NAAQS. See 40 CFR 

81.339 (Pennsylvania). 

A nonattainment designation under 

the CAA triggers additional planning 

requirements for states to show 

attainment of the NAAQS in the 

nonattainment areas by a statutory 

attainment date, as specified in the 

CAA. Since 2005, EPA had 

implemented the 1997 and 2006 PM2.5

NAAQS based on the general 

implementation provisions of subpart 1 

of Part D of Title I of the CAA (subpart 

1). On January 4, 2013, in Natural 

Resources Defense Council v. EPA 

(NRDC v. EPA), the DC Circuit 

determined that EPA should be 

implementing its PM2.5 pollution 

standard under additional CAA 

requirements than those EPA had been 

following in subpart 1 and remanded to 

EPA the ‘‘Final Clean Air Fine Particle 

Implementation Rule’’ (1997 PM2.5

Implementation Rule) (72 FR 20586, 

April 25, 2007) and the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ final rule (2008 NSR PM2.5

Rule).1 706 F.3d 428 (D.C. Cir. 2013). 

The DC Circuit found that the EPA erred 

in implementing the 1997 annual PM2.5

NAAQS solely pursuant to subpart 1, 

without consideration of the particulate 

matter specific provisions of subpart 4 

of Part D of Title I of the CAA (subpart 

4). 

While the regulatory provisions of 

EPA’s 1997 PM2.5 Implementation Rule 

do not explicitly apply to the 2006 24- 

hour PM2.5 NAAQS, EPA’s underlying 

statutory interpretation has been the 

same for both standards. On March 2, 

2012, EPA provided implementation 

guidance for the 2006 24-hour PM2.5

NAAQS which reaffirmed and 

continued the framework and policy 

approaches of the 1997 PM2.5

Implementation Rule. On June 6, 2013, 

EPA withdrew the implementation 

guidance for the 2006 24-hour PM2.5

NAAQS, subsequent to the DC Circuit’s 

decision in NRDC v. EPA.2

Although the DC Circuit declined to 

establish a deadline for EPA’s response, 

EPA intends to respond promptly to the 

Court’s remand and to promulgate new 

generally applicable implementation 

regulations for the PM2.5 NAAQS in 

accordance with the requirements of 

subparts 1 and 4. In the interim, 

however, states and EPA still need to 

proceed with implementation of the 

PM2.5 NAAQS in a timely and effective 

fashion in order to meet statutory 

obligations under the CAA and to assure 

the protection of public health intended 

by those NAAQS. 

The statutory provisions in subpart 4 

require EPA, among other things, to 

classify nonattainment areas for the 

PM2.5 NAAQS based on the severity of 

their pollution problem. Under EPA’s 

prior approach to implementing the 

1997 annual and 2006 24-hour PM2.5

standards according to subpart 1, EPA 

was not required to, and thus did not, 

identify any classifications for areas 

designated nonattainment. In contrast, 

subpart 4 of the CAA, at section 188, 

provides that all areas designated 

nonattainment are initially classified 

‘‘by operation of law’’ as ‘‘Moderate’’ 

nonattainment areas, and they remain 

classified as Moderate nonattainment 

areas unless and until EPA later 

reclassifies them as Serious 

nonattainment areas or EPA determines 

that an area has not attained the PM2.5

NAAQS by the area’s applicable 

attainment date. 

On April 25, 2014, EPA finalized a 

rule identifying the classification of all 

PM2.5 areas currently designated 

nonattainment for the 1997 annual and 

2006 24-hour PM2.5 NAAQS as 

‘‘Moderate,’’ consistent with subpart 4 

of the CAA. See 79 FR 31566 (June 2, 

2014). Consequently, the LibertyClairton Area was classified as Moderate 

for the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. 

On July 10, 2015 (80 FR 39696), EPA 

determined that the Liberty-Clairton 

Area had attained the 2006 24-hour 

PM2.5 NAAQS, based on quality-assured 

and certified ambient air quality data for 

the 2012–2014 monitoring period. This 

‘‘clean data determination’’ suspended 

Pennsylvania’s obligations to submit for 

the Liberty-Clairton Area an attainment 

demonstration, reasonably available 

control measures (RACM), reasonable 

further progress (RFP), and contingency 

measures for the 2006 24-hour PM2.5

NAAQS pursuant to subparts 1 and 4 of 

the CAA, for so long as the Area 

continues to attain the standard. 

EPA incorporated its Clean Data 

Policy interpretation in both its 8-Hour 

Ozone Implementation Rule in 40 CFR 

51.918 and in its 1997 PM2.5

Implementation Rule in 40 CFR 

51.1004(c). See 72 FR 20585, 20665 

(April 25, 2007). While the DC Circuit 

in its January 4, 2013 decision 

remanded the 1997 PM2.5

Implementation Rule, the Court did not 

address the merits of that regulation 

regarding our Clean Data Policy in 40 

CFR 51.1004(c), nor cast any doubt on 

EPA’s existing interpretation of the 


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3EPA addressed the effects of a final 

determination of attainment under the Clean Data 

Policy for the Liberty-Clairton Area as a 2006 24- 

hour PM2.5 moderate nonattainment area under 

subpart 4 in the notice of proposed rulemaking for 

the Area’s determination of attainment. See 80 FR 

22666 (April 23, 2015). 

statutory provisions for the Clean Data 

Policy.3

After EPA’s final clean data 

determination for the Liberty-Clairton 

Area for the 2006 24-hour PM2.5

NAAQS, effective on August 10, 2015, 

the only pending statutory requirement 

for the Area relates to emissions 

inventories pursuant to section 172(c)(3) 

of subpart 1 of the CAA. Specifically, 

section 172(c)(3) of the CAA requires 

states to submit a comprehensive, 

accurate, and current inventory of actual 

emissions for each nonattainment area. 

EPA’s requirements for an emissions 

inventory for the PM2.5 NAAQS are set 

forth in 40 CFR 51.1008. 

II. Summary of SIP Revision 

As discussed earlier, the LibertyClairton’s base year emissions inventory 

was submitted by Pennsylvania 

Department of the Environmental 

Protection (PADEP), on behalf of 

Allegheny County Health Department 

(ACHD), as part of the June 21, 2013 SIP 

revision to demonstrate attainment of 

the 2006 24-hour PM2.5 NAAQS for the 

Liberty-Clairton Area. The June 21, 2013 

SIP revision was amended on July 31, 

2015 to include, among other things, the 

transportation conformity insignificance 

findings for both the 1997 annual and 

2006 24-hour PM2.5 NAAQS. In this 

rulemaking action, EPA is only acting 

on the portions of the submittals 

corresponding to the 2007 base year 

emissions inventory and the 

transportation conformity insignificance 

findings. A brief summary of the SIP 

revisions is provided in this section. 

A. Base Year Emissions Inventory 

The 2007 base year emissions 

inventory for the Liberty-Clairton Area 

intends to satisfy the requirements of 

section 172(c)(4) of the CAA for the 

2006 24-hour PM2.5 NAAQS. The 2007 

base year emissions inventory includes 

emissions estimates that cover the 

general source categories of point 

sources, area sources, non-road mobile 

sources, and on-road mobile sources. 

The pollutants that comprise the 

inventory are NOX, volatile organic 

compounds (VOC), PM2.5, coarse 

particles (PM10), ammonia, and sulfur 

dioxide (SO2). ACHD selected 2007 as 

the base year for the emissions 

inventory, in accordance with 40 CFR 

51.1008(b). 

The 2007 emissions inventory 

submitted is the most current accurate 

and comprehensive actual emissions 

inventory of direct PM2.5, PM10, NOX, 

SO2, VOC, and ammonia for the LibertyClairton Area with respect the 2006 24- 

hour PM2.5 NAAQS. The actual 

emissions were estimated based on 

pollutant emission factors and 

throughputs or capacities of each 

emission source. A summary of the 

Liberty-Clairton’s 2007 base year 

emissions inventory is provided in 

Table 1. 

TABLE 1—2007 BASE YEAR EMISSIONS INVENTORY FOR THE LIBERTY-CLAIRTON AREA FOR THE 2006 24-HOUR PM2.5

NAAQS 

[Tons/Year] 

PM2.5 PM10 SO2 NOX VOC Ammonia 

Point Sources ........................................... 946.6 1136.9 1741.3 4841.9 590.5 18.4 

Area Sources ........................................... 26.3 50.5 50.1 38.8 255.9 4.2 

Nonroad Sources ..................................... 15.0 15.9 17.2 437.9 86.6 0.2 

Mobile Sources ........................................ 9.9 10.4 2.1 274.3 172.5 4.7 

Totals ................................................ 997.8 1213.8 1810.9 5592.9 1105.6 27.5 

EPA has reviewed the procedures and 

methodologies used by ACHD for the 

2007 base year emissions inventory 

submitted as part of the June 21, 2013 

SIP revision and finds the inventory 

approvable. Further analysis of the 

emissions inventory development can 

be found in technical support document 

(TSD) dated August 12, 2015 included 

as part of the docket for this rulemaking 

action. 

B. Transportation Conformity 

Insignificance Determinations 

Transportation conformity is required 

under section 176(c) of the CAA to 

ensure that federally supported 

highway, transit projects, and other 

activities are consistent with (conform 

to) the purpose of the SIP. The CAA 

requires federal actions in 

nonattainment and maintenance areas to 

‘‘conform to’’ the goals of SIP. This 

means that such actions will not cause 

or contribute to violations of a NAAQS; 

worsen the severity of an existing 

violation; or delay timely attainment of 

any NAAQS or any interim milestone. 

Actions involving Federal Highway 

Administration (FHWA) or Federal 

Transit Administration (FTA) funding 

or approval are subject to the 

Transportation Conformity Rule (40 CFR 

part 93, subpart A). Under this rule, 

metropolitan planning organizations 

(MPOs) in nonattainment and 

maintenance areas coordinate with state 

air quality and transportation agencies, 

EPA, FHWA, and FTA to demonstrate 

that their metropolitan transportation 

plans and transportation improvement 

plans (TIPs) conform to applicable SIPs. 

This is typically determined by showing 

that estimated emissions from existing 

and planned highway and transit 

systems are less than or equal to the 

motor vehicle emissions budgets 

(MVEBs) contained in a SIP. 

For MVEBs to be approvable, they 

must meet, at a minimum, EPA’s 

adequacy criteria found at 40 CFR 

93.118(e)(4). However, the 

Transportation Conformity Rule at 40 

CFR 93.109(f) allows areas to forgo 

establishment of a budget(s) where it is 

demonstrated that regional motor 

vehicle emissions for a particular 

pollutant or precursor pollutant are an 

insignificant contributor to the air 

quality problem in the area. The general 

criteria for insignificance 

determinations per 40 CFR 93.109(f) are 

based on a number of factors, including: 

(1) The percentage of motor vehicle 

emissions in context of the total SIP 

inventory; (2) the current state of air 

quality as determined by monitoring 

data for that NAAQS; (3) the absence of 

SIP motor vehicle control measures; and 

(4) historical trends and future 

projections of the growth of motor 

vehicle emissions in the area. 

The Liberty-Clairton’s attainment 

demonstration for the 2006 24-hour 

PM2.5 NAAQS submitted by the 


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59618 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 

Commonwealth of Pennsylvania, on 

behalf of Allegheny County, includes a 

request for EPA to make insignificance 

findings for NOX and directly emitted 

PM2.5 for the Area for both the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

Pursuant to Section 93.118(e)(4) and 

93.109(f) of the Transportation 

Conformity Rule, EPA has reviewed the 

Commonwealth of Pennsylvania’s 

justification for the findings of 

insignificance for direct PM2.5 and also 

for NOX as a precursor of PM2.5 in the 

Liberty-Clairton Area for both the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

EPA agrees with Pennsylvania’s 

conclusion that on-road emissions of 

PM2.5 and NOX in the Liberty-Clairton 

Area are insignificant for transportation 

conformity purposes for both NAAQS. 

EPA bases these findings on several 

factors: (1) The fact that the motor 

vehicle emissions constitute a low 

percentage of the total SIP inventory. In 

particular, for the 2007 base year, the 

direct PM onroad mobile source 

constitutes 0.99 percent (%) of the 

Liberty-Clairton Area’s total PM2.5

emissions and decreases in the later 

analysis year to 0.88% (2014). For the 

2007 base year, the NOX onroad mobile 

source constitutes 4.9% of the Area’s 

total NOX emissions and decreases in 

the later analysis year to 3.07% (2014); 

(2) The fact that the Liberty-Clairton 

Area has been determined to attain the 

1997 annual PM2.5 standard (October 25, 

2013, 78 FR 63881) and the 2006 24- 

hour PM2.5 standard (July 10, 2015, 80 

FR 39696), and continues to attain the 

standards with the most recent three 

years of complete, quality-assured 

monitoring data; (3) The absence of 

local on-road control measures; and (4) 

The continued downward trend, 

historically and in modeled future 

projections, of on-road NOX and PM2.5

emissions. 

With regard to on-road emissions of 

SO2, VOC, and ammonia, Allegheny 

County did not provide an 

insignificance demonstration because it 

concluded, consistent with EPA’s 

presumptions regarding these PM2.5

precursors, that the emissions of these 

precursors from motor vehicles are not 

significant contributors to the LibertyClairton Area’s PM2.5 air quality 

problem. Therefore, EPA finds adequate, 

and is also approving as SIP revision, 

Pennsylvania’s insignificance 

determinations for the Liberty-Clairton 

Area with respect both the 1997 annual 

and 2006 24-hour PM2.5 standards. 

Additional information pertaining to the 

review of the motor vehicle emission 

inventories can be found in the TSD 

dated August 27, 2015, as part of the 

docket for this final rulemaking action. 

In this direct final rulemaking action, 

EPA is initiating the process for 

determining whether or not the motor 

vehicle emission inventories are 

adequate for transportation conformity 

purposes. The publication of this 

document starts a 30-day public 

comment period on the adequacy of the 

submitted motor vehicle emission 

inventories. This comment period is 

concurrent with the comment period on 

this direct final rulemaking action. Any 

comments on the motor vehicle 

emission inventories should be 

submitted to the docket for this 

rulemaking. The public can find the 

posting of these motor vehicle emissions 

inventories on EPA’s adequacy Web 

page (http://www.epa.gov/otaq/ 

stateresources/transconf/ 

adequacy.htm). The adequacy of the 

motor vehicle emission inventories as 

well as the approval of the findings of 

insignificance will become effective 

upon the effective date of this direct 

final rulemaking action. Upon the 

effective date of this direct final 

rulemaking action, the Liberty-Clairton 

Area is no longer required to perform a 

regional emissions analysis for directly 

emitted PM2.5, or NOX, as part of future 

PM2.5 conformity determinations for the 

1997 annual and 2006 24-hour PM2.5

NAAQS. 

III. Final Action 

EPA is approving as a revision to the 

Pennsylvania SIP the Liberty-Clairton 

Area’s 2007 base year emissions 

inventory for the 2006 24-hour PM2.5

NAAQS submitted as part of the June 

21, 2013 SIP revision. EPA finds that the 

2007 base year emissions inventory 

satisfies the requirements of 40 CFR 

51.1008 and section 172(c)(3) of the 

CAA for the 2006 24-hour PM2.5 NAAQS 

for the Liberty-Clairton Area. EPA finds 

adequate and is also approving as a 

revision to the SIP Pennsylvania’s 

determinations for both the 1997 annual 

and 2006 24-hour PM2.5 standards that 

onroad emissions of PM2.5 and NOX are 

insignificant contributors to PM2.5

concentrations in the Liberty-Clairton 

Area for transportation conformity 

purposes, as submitted as part of the 

July 31, 2014 supplemental SIP revision. 

Upon the effective date of this direct 

final rulemaking action, the LibertyClairton Area is no longer required to 

perform a regional emissions analysis 

for directly emitted PM2.5, or NOX, as 

part of future PM2.5 conformity 

determinations for the 1997 annual and 

2006 24-hour PM2.5 NAAQS. 

EPA is publishing this rule without 

prior proposal because EPA views this 

as a noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

December 1, 2015 without further notice 

unless EPA receives adverse comment 

by November 2, 2015. If EPA receives 

adverse comment, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

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 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 


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Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59619 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. This 

action, approving the 2007 base year 

emissions inventory for the LibertyClairton Area with respect the 2006 24- 

hour PM2.5 NAAQS and the 

transportation conformity insignificance 

findings for the Liberty-Clairton Area 

with respect the 1997 annual and 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Sulfur oxides, Volatile organic 

compounds. 

Dated: September 16, 2015. 

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 an entry for 

the 2007 Base Year Emissions Inventory 

for the 2006 PM2.5 NAAQS for the 

Liberty-Clairton PM2.5 Nonattainment 

Area at the end of the table to reads as 

follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 


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59620 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 

Name of 

non-regulatory 

SIP revision 

Applicable geographic area State submittal 

date EPA approval date Additional explanation 

*******

2007 Base Year 

Emissions Inventory for the 2006 

PM2.5 NAAQS.

Liberty-Clairton PM2.5 Nonattainment Area ................................. 6/21/13 10/2/15 [Insert Federal Register citation].

* * * * * 

■ 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 base year emissions inventory 

for the Liberty-Clairton 2006 24-hour 

PM2.5 nonattainment area submitted by 

the Pennsylvania Department of 

Environmental Protection, on behalf of 

Allegheny County Health Department, 

on June 21, 2013. 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, NOX, VOCs, 

NH3, and SO2. 

[FR Doc. 2015–24877 Filed 10–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0916; FRL–9934–83– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; South 

Dakota; Revisions to South Dakota 

Administrative Code 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of South Dakota 

on July 29, 2013. This SIP submission 

revises the Administrative Rules of 

South Dakota (ARSD) Article 74:36—Air 

Pollution Control Program. These 

revisions include renumbering, 

revisions to the date of incorporation by 

reference of the federal regulations 

referenced throughout ARSD Article 

74:36, and removal of obsolete language 

regarding variance provisions and clean 

units. EPA is also clarifying a final rule 

issued on January 29, 2015 pertaining to 

South Dakota’s infrastructure SIP. This 

action is being taken in accordance with 

section 110 of the Clean Air Act (CAA). 

DATES: This final rule is effective on 

November 2, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2014–0916. All documents in the docket 

are listed on the http://

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, e.g., 

Confidential Business Information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–7104, clark.adam@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

South Dakota’s July 29, 2013 

submittal covers the following rule 

changes: (1) Removal of obsolete 

language regarding variance provisions 

and clean units, and renumbering to 

reflect the deletions; and (2) Revisions 

to the date of federal regulations 

referenced throughout ARSD Article 

74:36 to July 1, 2012. A cross-walk table 

that identifies EPA’s action on South 

Dakota’s revisions is included in the 

docket for this rulemaking. 

South Dakota’s July 29, 2013 

submittal also requests EPA approval of 

rule revisions for provisions that are not 

required to be included in SIPs under 

section 110 of the CAA, most notably 

additions to the State’s New Source 

Performance Standards, National 

Emissions Standards for Hazardous Air 

Pollutants and Title V permitting. These 

revisions, on which EPA is not taking 

action, are outlined in the cross-walk 

table located in the docket for this 

rulemaking. 

II. What action is EPA taking? 

EPA is finalizing action on South 

Dakota’s July 29, 2013 submittal as 

outlined in Section III. of the proposal 

published on July 14, 2015, with one 

exception; EPA’s proposed approval of 

South Dakota’s updates to 74:36:05, 

‘‘Operating Permits for Part 70 Sources,’’ 

as part of its July 14, 2015 action (80 FR 

40953). EPA published a notice of 

correction of the proposal on August 24, 

2015 (80 FR 51152), because CAA Title 

V requirements are not subject to 

Section 110 of the Clean Air Act and are 

thus not required to be incorporated 

into a SIP. Therefore, EPA is not taking 

any action on South Dakota’s updates to 

74:36:05. 

III. Clarification of January 29, 2015 

Final Action 

Under CAA sections 110(a)(1) and (2), 

states are required to submit 

infrastructure SIPs to ensure their SIPs 

provide for implementation, 

maintenance, and enforcement of the 

National Ambient Air Quality Standards 

(NAAQS). On January 29, 2015, EPA 

took final action on the infrastructure 

submittals which addressed several 

different NAAQS from the State of 

South Dakota (80 FR 4799). As part of 

the January 29, 2015 action, EPA 

approved South Dakota’s 1997 PM2.5

NAAQS interstate transport 

infrastructure sub-element (CAA section 

110(a)(2)(D)(i)(II)). However, EPA had 

already approved this sub-element in a 

final rulemaking on May 8, 2008 (73 FR 

26019, effective July 7, 2008). Therefore, 

in this action EPA is clarifying that no 

action was required on this sub-element 

for this NAAQS in the January 29, 2015 

approval of CAA section 

110(a)(2)(D)(i)(II) for the 1997 PM2.5


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