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[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11580-11583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04391]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0147; FRL-9923-78-Region 3]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation Request and Associated Maintenance Plan for 
the Reading, Pennsylvania Nonattainment Area for the 1997 Annual Fine 
Particulate Matter Standard, and 2007 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Commonwealth of Pennsylvania's request to redesignate to attainment the 
Reading, Pennsylvania Nonattainment Area (Reading Area or Area) for the 
1997 annual fine particulate matter (PM2.5) national ambient 
air quality standard (NAAQS). EPA has determined that the Reading Area 
attained the standard and that it continues to attain the standard. In 
addition, EPA is approving, as a revision to the Pennsylvania State 
Implementation Plan (SIP), the Reading Area maintenance plan to show 
maintenance of the 1997 annual PM2.5 NAAQS through 2025 for 
the Area. The maintenance plan includes the 2017 and 2025 
PM2.5 and nitrogen oxides (NOX) mobile vehicle 
emissions budgets (MVEBs) for the Reading Area for the 1997 annual 
PM2.5 NAAQS, which EPA is approving and finding adequate for 
transportation conformity purposes. EPA is also approving the 
comprehensive emissions inventory for the 1997 annual PM2.5 
NAAQS for the Reading Area. These actions are being taken under the 
Clean Air Act (CAA).

DATES: This final rule is effective on March 4, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0147. 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

[[Page 11581]]

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: Marilyn Powers at (215) 814-2308, or 
by email at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 25, 2013, the Commonwealth of Pennsylvania, through the 
Pennsylvania Department of Environmental Protection (PADEP), formally 
submitted a request to redesignate the Reading Area from nonattainment 
to attainment for the 1997 annual PM2.5 NAAQS. Concurrently, 
PADEP submitted a maintenance plan for the Area as a SIP revision to 
ensure continued attainment throughout the 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 PM2.5 
NAAQS, which EPA is approving for transportation conformity purposes. 
PADEP also submitted a 2007 comprehensive emissions inventory for the 
1997 annual PM2.5 NAAQS for PM2.5, 
NOX, sulfur dioxide (SO2), volatile organic 
compounds (VOC), and ammonia (NH3).
    On December 22, 2014 (79 FR 76251), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the 
NPR, EPA proposed approval of Pennsylvania's November 25, 2013 request 
to redesignate the Reading Area to attainment for the 1997 annual 
PM2.5 NAAQS, including the associated maintenance plan for 
the Reading Area, the 2017 and 2025 PM2.5 and NOX 
MVEBs, which EPA proposed to approve and find adequate for purposes of 
transportation conformity, and the 2007 emissions inventory 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 public comments were received on the NPR.

II. Final Action

    EPA is taking final actions on the redesignation request and SIP 
revision submitted by the Commonwealth of Pennsylvania on November 25, 
2013 for the Reading Area for the 1997 annual PM2.5 NAAQS. 
EPA is approving Pennsylvania's redesignation request for the 1997 
annual 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 this standard. EPA finds that the 
monitoring data demonstrates that the Area has attained the 1997 
PM2.5 NAAQS, and continues to attain the NAAQS. EPA is also 
approving the associated maintenance plan for the Reading Area as a 
revision to the Pennsylvania SIP for the 1997 annual PM2.5 
NAAQS because it meets the requirements of section 175A of the CAA. EPA 
is also approving and finding adequate the 2017 and 2025 
PM2.5 and NOX MVEBs submitted by Pennsylvania for 
the Reading Area for transportation conformity purposes. Finally, EPA 
is approving the 2007 emissions inventory to meet section 172(c)(3) of 
the CAA. Approval of this redesignation request will change the 
official designation of the Reading Area from nonattainment to 
attainment for the 1997 annual PM2.5 NAAQS.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this 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 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 rule, 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 rule 
relieves the Commonwealth of Pennsylvania of the obligation to comply 
with nonattainment-related planning requirements for the Area pursuant 
to Part D of the CAA and approves certain emissions inventories and 
MVEBs for the Area. For these reasons, EPA finds good cause under 5 
U.S.C. 553(d) for this action to become effective on the date of 
publication of this notice.

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);

[[Page 11582]]

     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 May 4, 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, and comprehensive emissions inventory for the Reading Area for 
the 1997 annual PM2.5 NAAQS may not be challenged later in 
proceedings to enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: February 9, 2015.
William C. Early,
Acting Regional Administrator,Region III.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
an entry for 1997 Annual PM2.5 Maintenance Plan and 2007 
Base Year Emissions Inventory at the end of the table. The added text 
reads as follows:

Sec.  52.2020  Identification of plan.

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

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP          Applicable       State submittal                           Additional
            revision                geographic area           date         EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 Annual PM2.5 Maintenance     Reading Area (Berks           11/25/14  3/4/15 [Insert      See Sec.
 Plan and 2007 Base Year           County).                                Federal Register    52.2036(s) and
 Emissions Inventory.                                                      citation].          Sec.
                                                                                               52.2059(n).
----------------------------------------------------------------------------------------------------------------

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

Sec.  52.2036  Base year emissions inventory.

* * * * *
    (s) EPA approves as revisions to the Pennsylvania State 
Implementation Plan the 2007 base year emissions inventory for the 
Reading 1997 annual fine particulate matter (PM2.5) 
nonattainment area submitted by the Pennsylvania Department of 
Environmental Protection on November 25, 2014. The emissions inventory 
includes emissions estimates that cover the general source categories 
of point, area, nonroad, and onroad sources. The pollutants that 
comprise the inventory are PM2.5, nitrogen oxides 
(NOX), volatile organic compounds (VOCs), ammonia 
(NH3), and sulfur dioxide (SO2).
0
4. Section 52.2059 is amended by adding paragraph (n) to read as 
follows:

Sec.  52.2059  Control strategy: Particular matter.

* * * * *
    (n) EPA approves the maintenance plan for the Reading nonattainment 
area for the 1997 annual PM2.5 NAAQS submitted by the 
Commonwealth of Pennsylvania on November 25, 2014. The maintenance plan 
includes the 2017 and 2025 PM2.5 and NOX mobile 
vehicle emissions budgets (MVEBs) for Berks County to be applied to all 
future transportation conformity determinations and analyses for the 
Reading nonattainment area for the 1997 annual PM2.5 NAAQS.

         Reading Area's Motor Vehicle Emission Budgets for the 1997 Annual PM2.5 NAAQS in Tons per Year
----------------------------------------------------------------------------------------------------------------
                                                                                               Effective date of
    Type of control strategy SIP             Year              PM2.5               NOX            SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan....................               2017                200              5,739             3/4/15

[[Page 11583]]

 
                                                   2025                146              3,719             3/4/15
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for Part 81 continues to read as follows:

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

0
2. Section 81.339 is amended by revising the 1997 Annual 
PM2.5 NAAQS table entry for the Reading Area to read as 
follows:

Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                             Designation \a\                           Classification
       Designated Area        ----------------------------------------------------------------------------------
                                      Date \1\                Type               Date \2\             Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reading, PA:
    Berks County.............  March 4, 2015........  Attainment..........
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2015-04391 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P
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