20540 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 

November 9, 2000) does not apply to 

this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997), as 

applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This final rule is not subject to 

Executive Order 13211 (66 FR 28355, 

May 22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Since this action does not involve any 

technical standards, section 12(d) of 

NTTAA, 15 U.S.C. 272 note, does not 

apply to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This final rule does not invoke special 

consideration of environmental justice 

related issues as delineated by 

Executive Order 12898 (59 FR 7629, 

February 16, 1994), because EPA has 

determined that this action will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations. This action does not affect 

the level of protection provided to 

human health or the environment. 

XIII. Congressional Review Act (CRA) 

This action is subject to the CRA, 5 

U.S.C. 801 et seq., and the EPA will 

submit a rule report to each House of 

Congress and the Comptroller of the 

United States. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: April 4, 2016. 

Wendy Cleland-Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. In § 9.1, add the following section 

in numerical order under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances’’ to read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB Control 

number 

* * * * * 

Significant New Uses of Chemical 

Substances 

* * * * * 

721.10851 ............................. 2070–0038 

* * * * * 

* * * * * 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 4. Add § 721.10851 to subpart E to 

read as follows: 

§ 721.10851 Trichloroethylene. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance 

trichloroethylene (CAS 79–01–6) is 

subject to reporting under this section 

for the significant new use described in 

paragraph (a)(2) of this section. 

(2) Manufacture or processing for use 

in a consumer product except for use in 

cleaners and solvent degreasers, film 

cleaners, hoof polishes, lubricants, 

mirror edge sealants, and pepper spray. 

(b) [Reserved] 

[FR Doc. 2016–08152 Filed 4–7–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0773; FRL–9944–73– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Attainment Plan and 

Base Year Inventory for the North 

Reading Area for the 2008 Lead 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania (Pennsylvania). The 

revision demonstrates attainment of the 

2008 lead national ambient air quality 

standards (NAAQS) in the North 

Reading 2008 lead nonattainment area 

(North Reading Area or Area). The 

attainment plan includes the base year 

emissions inventory, an analysis of 

reasonably available control technology 

(RACT), reasonably available control 

measures (RACM), and reasonable 

further progress (RFP), modeling 

demonstration of lead attainment, and 

contingency measures for the Area. EPA 

is approving Pennsylvania’s lead 

attainment plan with the base year 

emissions inventory for the North 

Reading Area as a revision to 

Pennsylvania’s SIP in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

May 9, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0773. 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 


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Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 20541 

1 In the Control Strategies, Reasonable Further 

Progress, and Contingency Measures TSD that 

accompanied EPA’s NPR, published in the Federal 

Register on January 11, 2016 (81 FR 1136), EPA 

inadvertently made a misstatement when 

summarizing a small portion of a COA between 

PADEP and Yuasa Battery, Inc. The statement made 

in the TSD was ‘‘Yuasa shall conduct stack testing 

on all the stacks listed above in 2020, and thereafter 

in any year that is divisible, with remainder, by 

five’’ when it should have stated ‘‘Yuasa shall 

conduct stack testing on all the stacks listed above 

in 2020, and thereafter in any year that is divisible, 

without remainder, by five.’’ This error was 

inadvertent and in no way alters EPA’s conclusion 

or analysis regarding reasonableness of 

Pennsylvania’s RACM for the North Reading Area. 

available through www.regulations.gov 

or may be viewed during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the Commonwealth’s 

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: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 11, 2016 (81 FR 1136), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. In the 

NPR, EPA proposed approval of a 

revision to Pennsylvania’s SIP for the 

purpose of demonstrating attainment of 

the 2008 lead NAAQS in the North 

Reading Area. The formal SIP revision 

was submitted by Pennsylvania on 

August 12, 2015. 

On November 12, 2008 (73 FR 66964), 

EPA revised the lead NAAQS, lowering 

the level from 1.5 micrograms per cubic 

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

over a three-month rolling average. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

United States as attaining or not 

attaining the NAAQS; this designation 

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

of the CAA. 

On November 22, 2010, EPA 

designated Alsace and Muhlenberg 

Townships and the Laureldale Borough, 

all of which are located in Berks 

County, Pennsylvania, as the North 

Reading Area for its nonattainment 

status with the 2008 lead NAAQS. 76 

FR 72097. The designation of the North 

Reading Area as nonattainment for the 

2008 lead NAAQS triggered 

requirements under section 191(a) of the 

CAA, requiring Pennsylvania to submit 

a SIP revision with a plan for how the 

Area will attain the 2008 lead NAAQS, 

as expeditiously as practicable, but no 

later than December 31, 2015. 

Section 179(a)(1) of the CAA 

establishes specific consequences if EPA 

finds that a state has failed to submit a 

SIP or, with regard to a submitted SIP, 

if EPA determines it is incomplete or if 

EPA disapproves it. Additionally, any of 

these findings also triggers an obligation 

for EPA to promulgate a federal 

implementation plan (FIP) if the state 

has not submitted, and EPA has not 

approved, the required SIP within 2 

years of the finding pursuant to section 

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

2014, the EPA issued a finding that 

Pennsylvania failed to make the 

required nonattainment SIP submission 

for the North Reading Area. 79 FR 

10391. With this final approval by EPA 

of Pennsylvania’s North Reading 

attainment plan SIP in accordance with 

section 172(c) of the CAA, the Agency 

no longer has any obligation to issue a 

FIP for the North Reading Area in 

accordance with section 110(c) of the 

CAA. 

II. Summary of SIP Revision 

On August 12, 2015, Pennsylvania 

through the Department of 

Environmental Protection (PADEP) 

submitted an attainment plan for the 

North Reading Area as a SIP revision 

which includes a base year emissions 

inventory, an attainment demonstration, 

an analysis of RACM and RACT, 

provisions for RFP, and contingency 

measures. 

The SIP revision also includes 

paragraph 3 of a consent order and 

agreement (COA), dated June 15, 2015, 

between Exide Technologies (Exide) and 

PADEP and paragraphs 5 and 22 of a 

COA, dated June 12, 2015, between 

Yuasa Battery, Inc (Yuasa) and PADEP. 

EPA’s analysis of the submitted 

attainment plan includes a review of 

these elements for the North Reading 

Area. 

EPA’s approval of the attainment plan 

is based on the Agency’s finding that the 

Area meets all lead NAAQS attainment 

plan requirements under CAA sections 

172, 191, and 192. Due to monitored 

ambient air quality violations in early 

2013, before a major source of lead 

began idling, the Area did not attain the 

NAAQS, over 36 consecutive threemonth periods, by December 2015, the 

attainment date. However, as a result of 

implementation of PADEP’s August 12, 

2015 SIP revision, EPA and PADEP 

expect the North Reading Area will 

attain the 2008 lead NAAQS on the 

basis of 2014–2016 ambient air quality 

data. EPA is approving the base year 

emissions inventory submitted with the 

plan, as well as the RACM/RACT and 

RFP analyses, the attainment 

demonstration including modeling, and 

the contingency measures for the North 

Reading Area. 

Other specific requirements of the SIP 

submittal attainment plan for the North 

Reading Area and the rationale for 

EPA’s proposed action are explained in 

the NPR and its accompanying 

Technical Support Documents (TSDs) 

and will not be restated here.1 No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving the lead attainment 

plan for the North Reading Area and 

paragraph 3 of the COA between PADEP 

and Exide and paragraphs 5 and 22 of 

the COA between PADEP and Yuasa, as 

submitted on August 12, 2015 as a 

revision to the Pennsylvania SIP. EPA 

has determined that the SIP meets the 

applicable requirements of the CAA. 

Specifically, EPA is taking final action 

to approve Pennsylvania’s August 12, 

2015 SIP submission which includes the 

attainment demonstration, base year 

emissions inventory, RACM/RACT and 

RFP analyses, and contingency 

measures. 

With the EPA’s final approval of 

Pennsylvania’s North Reading 

attainment plan submittal, EPA no 

longer has any obligation to promulgate 

a FIP for the North Reading Area 

pursuant to sections 110(c) or 172(c) of 

the CAA. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 


asabaliauskas on DSK3SPTVN1PROD with RULES
20542 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 7, 2016. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action approving 

Pennsylvania’s SIP revision containing 

the attainment plan and base year 

inventory for the 2008 lead NAAQS in 

the North Reading Area may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead. 

Dated: March 24, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding an entry for 

the attainment plan for the North 

Reading nonattainment area for the 2008 

lead national ambient air quality 

standards at the end of the table to read 

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 

*******

Attainment Plan and Base Year Emissions 

Inventory for the North Reading nonattainment area for the 2008 lead NAAQS.

North Reading Area 8/12/15 4/8/16 [Insert Federal Register citation].See §§ 52.2036(z) and 

52.2055(b). 

* * * * * 

■ 3. Section 52.2036 is amended by 

adding paragraph (z) to read as follows: 

§ 52.2036 Base year emissions inventory. 

* * * * * 

(z) EPA approves as a revision to the 

Pennsylvania state implementation plan 

the 2010 base year emissions inventory 

for the North Reading, Pennsylvania 

nonattainment area for the 2008 lead 

NAAQS. This SIP revision was 

submitted by the Secretary of the 

Pennsylvania Department of 

Environmental Protection on August 10, 

2015. This submittal consists of the 

2010 base year emissions inventories for 

all relevant sources in the North 

Reading nonattainment area for the 

pollutant lead (Pb). 

■ 4. Section 52.2055 is amended by 

adding paragraph (b) to read as follows: 

§ 52.2055 Control strategy: Lead. 

* * * * * 

(b) EPA approves the state 

implementation plan for the North 

Reading, Pennsylvania nonattainment 

area for the 2008 lead NAAQS. This SIP 

revision including reasonably available 

control measures, reasonably available 

control technology, contingency 

measures, and attainment 

demonstration was submitted by the 

Secretary of the Pennsylvania 

Department of Environmental Protection 

on August 10, 2015. 

[FR Doc. 2016–07993 Filed 4–7–16; 8:45 am] 

BILLING CODE 6560–50–P 


asabaliauskas on DSK3SPTVN1PROD with RULES