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[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Rules and Regulations]
[Pages 72552-72556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28591]

[[Page 72552]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0525; FRL-9920-17-Region 3]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Harrisburg-Lebanon-Carlisle-York 
Nonattainment Areas to Attainment for the 1997 Annual and the 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 requests to redesignate to attainment 
the Harrisburg-Lebanon-Carlisle-York nonattainment areas (hereafter 
``the Areas'') for the 1997 annual and 2006 24-hour fine particulate 
matter (PM2.5) national ambient air quality standard 
(NAAQS). EPA is also determining that the Areas continue to attain the 
1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA is also 
approving as revisions to the Pennsylvania State Implementation Plan 
(SIP) the associated maintenance plans to show maintenance of the 1997 
annual and 2006 24-hour PM2.5 NAAQS through 2025 for the 
Areas. The maintenance plans include the 2017 and 2025 PM2.5 
and nitrogen oxides (NOX) mobile vehicle emissions budgets 
(MVEBs) for the Areas for the 1997 annual and the 2006 24-hour 
PM2.5 NAAQS. EPA is finding the 2017 and 2025 
PM2.5 and NOX MVEBs adequate for transportation 
conformity purposes and is finalizing the approval of the budgets. 
Furthermore, EPA is approving as revisions to the Pennsylvania SIP the 
2007 base year emissions inventory for the Areas for the 1997 annual 
and the 2006 24-hour PM2.5 NAAQS.

DATES: This final rule is effective on December 8, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0525. 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, (215) 814-2182, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 17, 2014 (79 FR 62389), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania that 
included proposals for several rulemaking actions. First, EPA proposed 
to find that the Areas met the requirements for redesignations from 
nonattainment to attainment for the 1997 annual and the 2006 24-hour 
PM2.5 NAAQS under section 107(d)(3)(E) of the Clean Air Act 
(CAA). Second, EPA proposed approval of the associated maintenance 
plans for the Areas submitted on April 22, 2014, as revisions to the 
Pennsylvania SIP because they meet the requirements of section 175A of 
the CAA. Third, EPA proposed approval of the 2007 base year emissions 
inventory as meeting the requirements of section 172(a)(3) of the CAA. 
Fourth, EPA proposed approval of the 2017 and 2025 PM2.5 and 
NOX MVEBs submitted by Pennsylvania for Cumberland, Dauphin, 
Lebanon, and York Counties for transportation conformity purposes. 
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.
    As stated in the NPR, EPA's proposed approvals were contingent upon 
the U.S. Court of Appeals for the District of Columbia (D.C. Circuit 
Court) granting EPA's June 26, 2014 motion to lift the stay of the 
Cross State Air Pollution Rule (CSAPR). Following a favorable decision 
from the Supreme Court on April 29, 2014, EPA v. EME Homer City 
Generation, L.P., 134 S. Ct. 1584 (2014), EPA filed a motion asking the 
D.C. Circuit Court to lift the stay and toll all deadlines in CSAPR by 
three years, and on October 23, 2014, the D.C. Circuit Court granted 
EPA's motion. EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. 
Cir. Oct. 23, 2014), ECF No. 1518738 at 3.
    EPA plans to take administrative action to amend the regulatory 
text of CSAPR to reflect the D.C. Circuit Court's October 23, 2014 
order tolling all deadlines in CSAPR by three years, including 
provisions governing the sunsetting of the Clean Air Interstate Rule 
(CAIR). CAIR will therefore sunset at the end of 2014 and be replaced 
by CSAPR beginning January 1, 2015. Relative to CAIR, CSAPR requires 
similar or greater emission reductions from relevant upwind areas 
starting in 2015 and beyond. The emission reductions associated with 
CAIR that helped the Areas achieve attainment of the 1997 annual and 
2006 24-hour PM2.5 NAAQS can therefore be considered 
permanent and enforceable for purposes of redesignation under section 
107(d)(3)(E)(iii) of the CAA.

II. Final Action

    EPA is approving the redesignation of the Areas from nonattainment 
to attainment for the 1997 annual and the 2006 24-hour PM2.5 
NAAQS. EPA has evaluated Pennsylvania's redesignation requests and 
determines that the Areas meet the redesignation criteria set forth in 
section 107(d)(3)(E) of the CAA. EPA finds that the monitoring data 
demonstrate that the Areas have attained the 1997 annual and the 2006 
24-hour PM2.5 NAAQS. EPA also finds that the attainment of 
the Areas is in part due to the emissions reductions resulting from the 
implementation of CAIR in Pennsylvania and in the states upwind of 
Pennsylvania. As stated previously, EPA intends to commence 
implementation of CSPAR beginning on January 1, 2015 and those emission 
reductions originally required under CAIR will be permanent and 
enforceable through the implementation of CSAPR. EPA is determining 
that the Areas continue to attain the 1997 annual and the 2006 24-hour 
PM2.5 NAAQS. Final approval of these redesignation requests 
would change the designation of: (a) Harrisburg-Lebanon-Carlisle and 
York Areas from nonattainment to attainment for the 1997 annual 
PM2.5 NAAQS, and (b) Harrisburg-Lebanon-Carlisle-York Area 
from nonattainment to attainment for the 2006 24-hour PM2.5 
NAAQS. EPA is also approving the associated maintenance plans for the 
Areas submitted on April 22, 2014, as revisions to the Pennsylvania SIP 
because they meet the requirements of section 175A of the CAA. In 
addition,

[[Page 72553]]

EPA is approving the 2007 base year emissions inventory as meeting the 
requirement of section 172(a)(3) of the CAA. Furthermore, in this 
rulemaking action, EPA finds adequate and is approving the 2017 and 
2025 PM2.5 and NOX MVEBs submitted by 
Pennsylvania for Cumberland, Dauphin, Lebanon, and York Counties for 
transportation conformity purposes. Within 24 months from the effective 
date of EPA's adequacy determination, the transportation partners will 
need to demonstrate conformity to the 2017 and 2025 PM2.5 
and NOX MVEBs pursuant to 40 CFR 93.104(e).
    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 Areas pursuant 
to Part D of the CAA and approves certain emissions inventories and 
MVEBs for the Areas. 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

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 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 February 6, 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 Pennsylvania's redesignation requests, 
maintenance plans, 2007 base year emissions inventory, and MVEBs for 
transportation conformity purposes for the Harrisburg-Lebanon-Carlisle 
and York Areas for the 1997 annual PM2.5 NAAQS and the 
Harrisburg-Lebanon-Carlisle-York Area for the 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

40 CFR Part 52

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

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

[[Page 72554]]

    Dated: November 21, 2014.
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

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 
two entries for 1997 Annual PM2.5 Maintenance Plan and one 
entry for 2006 24-Hour PM2.5 Maintenance Plan at the end of 
the table. The added text read as follows:

Sec.  52.2020  Identification of plan.

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

----------------------------------------------------------------------------------------------------------------
   Name of non- regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 Annual PM2.5 Maintenance      Harrisburg-Lebanon-         4/22/14  12/08/14 [Insert     See Sec.
 Plan.                              Carlisle PM2.5                       Federal Register     52.2036(r) and
                                    Nonattainment Area.                  citation].           Sec.   52.2059(k).
1997 Annual PM2.5 Maintenance      York PM2.5                  4/22/14  12/08/14 [Insert     See Sec.
 Plan.                              Nonattainment Area.                  Federal Register     52.2036(r) and
                                                                         citation].           Sec.   52.2059(l).
2006 24-Hour PM2.5 Maintenance     Harrisburg-Lebanon-         4/22/14  12/08/14 [Insert     See Sec.
 Plan.                              Carlisle-York                        Federal Register     52.2036(r) and
                                    PM2.5                                citation].           Sec.   52.2059(m).
                                    Nonattainment Area.
----------------------------------------------------------------------------------------------------------------

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

Sec.  52.2036  Base year emissions inventory.

* * * * *
    (r) EPA approves as revisions to the Pennsylvania State 
Implementation Plan the 2007 base year emissions inventory for the 
Harrisburg-Lebanon-Carlisle and York 1997 annual fine particulate 
matter (PM2.5) nonattainment areas, and the Harrisburg-
Lebanon-Carlisle-York 2006 24-hour PM2.5 nonattainment area 
submitted by the Pennsylvania Department of Environmental Protection on 
April 22, 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 nitrogen 
oxides (NOX), volatile organic compounds (VOCs), 
PM2.5, ammonia (NH3), and sulfur dioxide 
(SO2).

0
4. Section 52.2059 is amended by adding paragraphs (k), (l) and (m) to 
read as follows:

Sec.  52.2059  Control strategy: Particular matter.

* * * * *
    (k) EPA approves the maintenance plan for the Harrisburg-Lebanon-
Carlisle nonattainment area for the 1997 annual PM2.5 NAAQS 
submitted by the Commonwealth of Pennsylvania on April 22, 2014. The 
maintenance plan includes the 2017 and 2025 PM2.5 and 
NOX mobile vehicle emissions budgets (MVEBs) for the 
Dauphin, Lebanon and Cumberland Counties to be applied to all future 
transportation conformity determination and analyses for the 
Harrisburg-Lebanon-Carlisle nonattainment area for the 1997 annual 
PM2.5 NAAQS.

  Harrisburg-Lebanon-Carlisle Area's Motor Vehicle Emission Budgets for the 1997 Annual PM2.5 NAAQS in Tons per
                                                      Year
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective date
          Type of control strategy SIP                 Year            PM2.5            NOX           of SIP
                                                                                                     approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan................................            2017             365          10,287        12/08/14
                                                            2025             275           7,024        12/08/14
----------------------------------------------------------------------------------------------------------------

    (l) EPA approves the maintenance plan for the York nonattainment 
area for the 1997 annual PM2.5 NAAQS submitted by the 
Commonwealth of Pennsylvania on April 22, 2014. The maintenance plan 
includes the 2017 and 2025 PM2.5 and NOX mobile 
vehicle emissions budgets (MVEBs) for the York County to be applied to 
all future transportation conformity determination and analyses for the 
York nonattainment area for the 1997 annual PM2.5 NAAQS.

           York Area's Motor Vehicle Emission Budgets for the 1997 Annual PM2.5 NAAQS in Tons per Year
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective date
          Type of control strategy SIP                 Year            PM2.5            NOX           of SIP
                                                                                                     approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan................................            2017             192           5,390        12/08/14
                                                            2025             144           3,398        12/08/14
----------------------------------------------------------------------------------------------------------------

[[Page 72555]]

    (m) EPA approves the maintenance plan for the Harrisburg-Carlisle-
Lebanon-York PM2.5 nonattainment area for the 2006 24-hour 
PM2.5 submitted by the Commonwealth of Pennsylvania on April 
22, 2014. The maintenance plan includes the 2017 and 2025 
PM2.5 and NOX mobile vehicle emissions budgets 
(MVEBs) for the Dauphin, Lebanon, Cumberland, and York Counties be 
applied to all future transportation conformity determination and 
analyses for the Harrisburg-Carlisle-Lebanon-York nonattainment area 
for the 2006 24-hour PM2.5 NAAQS.

 Harrisburg-Carlisle-Lebanon-York Area's Motor Vehicle Emission Budgets for the 2006 24-Hour PM2.5 NAAQS in Tons
                                                    per Year
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective date
          Type of control strategy SIP                 Year            PM2.5            NOX           of SIP
                                                                                                     approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan................................            2017             365          10,287        12/08/14
                                                            2025             275           7,024        12/08/14
Maintenance Plan................................            2017              76           2,252        12/08/14
                                                            2025              56           1,446        12/08/14
Maintenance Plan................................            2017             192           5,390        12/08/14
                                                            2025             144           3,398        12/08/14
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
5. The authority citation for part 81 continues to read as follows:

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

0
6. In Sec.  81.339:
0
a. The 1997 Annual PM2.5 NAAQS table is amended by revising 
the entries for the Harrisburg-Lebanon-Carlisle, PA and York, PA Areas.
0
b. The 2006 24-Hour PM2.5 NAAQS tables are amended by 
revising the entry for the Harrisburg-Lebanon-Carlisle-York, PA Area.
    The revisions 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
----------------------------------------------------------------------------------------------------------------
Harrisburg-Lebanon-Carlisle, PA:
    Cumberland County.............        12/08/14  Attainment...........  ..............  Moderate.
    Dauphin County................        12/08/14  Attainment...........  ..............  Moderate.
    Lebanon County................        12/08/14  Attainment...........  ..............  Moderate.
 
                                                  * * * * * * *
York, PA:
    York County...................        12/08/14  Attainment...........  ..............  Moderate.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.

* * * * *

                                     Pennsylvania--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                         Classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Harrisburg-Lebanon-Carlisle-York,
 PA:
    Cumberland County.............        12/08/14  Attainment...........  ..............  Moderate.
    Dauphin County................        12/08/14  Attainment...........  ..............  Moderate.
    Lebanon County................        12/08/14  Attainment...........  ..............  Moderate.
    York County...................        12/08/14  Attainment...........  ..............  Moderate.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

[[Page 72556]]

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[FR Doc. 2014-28591 Filed 12-5-14; 8:45 am]
BILLING CODE 6560-50-P
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