Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Update of the Motor Vehicle Emissions Budgets and General Conformity Budgets for the Scranton/Wilkes-Barre 1997 8-Hour Ozone National Ambient Air Quality Standard Maintenance Area |
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William C. Early
Environmental Protection Agency
June 15, 2015
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Rules and Regulations]
[Pages 34063-34065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14440]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0652; FRL-9929-07-Region-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Update of the Motor Vehicle Emissions Budgets and General
Conformity Budgets for the Scranton/Wilkes-Barre 1997 8-Hour Ozone
National Ambient Air Quality Standard Maintenance Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the Commonwealth of
Pennsylvania (Pennsylvania). These revisions consist of an update to
the motor vehicle emissions budgets (MVEBs) for nitrogen oxides
(NOX) for the 1997 8-Hour Ozone National Ambient Air Quality
Standard (NAAQS) maintenance SIP for the Scranton/Wilkes-Barre 1997 8-
Hour Ozone NAAQS Maintenance Area (Scranton/Wilkes-Barre Maintenance
Area or Area). These SIP revisions also include general conformity
budgets for the construction of the Bell Bend Nuclear Power Plant. In
addition, these SIP revisions include updated point and area source
inventories for NOX. EPA is approving these revisions to the
Pennsylvania SIP in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on July 15, 2015.
[[Page 34064]]
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0652. 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: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 10, 2015 (80 FR 12604), EPA published a notice of proposed
rulemaking (NPR) for revisions to the Pennsylvania SIP. In the NPR, EPA
proposed approval of an update to the MVEBs, updates to the point and
area source inventories, and general conformity budgets for the
construction of the Bell Bend Nuclear Power Plant. The formal SIP
revision was submitted by Pennsylvania on May 28, 2014.
II. Summary of SIP Revision
Pennsylvania's SIP revisions revised the MVEBs for the Scranton/
Wilkes-Barre Maintenance Area to reflect the use of the MOVES model;
made updates to the point and area source inventories; and established
general conformity budgets for the construction of the Bell Bend
Nuclear Power Plant. A detailed discussion of the SIP revisions can be
found in the SIP submittal, NPR, and technical support document (TSD)
in this docket. The rationale for EPA's action is explained in the NPR
and will not be restated here. No public comments were received on the
NPR.
III. Final Action
EPA is approving an update to the MVEBs for the Scranton/Wilkes-
Barre Maintenance Area, updates to the point and area source
inventories for NOX, and general conformity budgets for the
construction of the Bell Bend Nuclear Power Plant as revisions to the
Pennsylvania SIP.
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 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 August 14, 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 which approves an update to the MVEBs for the Scranton/
Wilkes-Barre Maintenance Area, updates to the point and area source
inventories, and general conformity budgets for the construction of the
Bell Bend Nuclear Power Plant 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, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: June 1, 2015.
William C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
[[Page 34065]]
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
revising the entry ``8-Hour Ozone Maintenance Plan and 2002 Base Year
Emissions Inventory'' for ``Scranton/Wilkes-Barre Area: Lackawanna,
Luzerne, Monroe and Wyoming Counties'' to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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State
Name of non-regulatory SIP Applicable submittal EPA Approval date Additional explanation
revision geographic area date
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* * * * * * *
8-Hour Ozone Maintenance Plan Scranton/Wilkes- 6/12/07 11/14/07
and 2002 Base Year Emissions Barre Area: 72 FR 64948........
Inventory. Lackawanna,
Luzerne, Monroe
and Wyoming
Counties.
5/28/14 6/15/15 [Insert Revised 2009 and 2018
Federal Register Motor Vehicle Emission
citation]. Budgets. Revised 2009
and 2018 point source
inventories. Revised
2018 area source
inventory. General
conformity budgets for
the construction of
the Bell Bend Nuclear
Power Plant. See
sections 52.2043 and
52.2052.
* * * * * * *
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* * * * *
3. Section 52.2043 is amended by adding paragraphs (d), (e), and
(f) to read as follows:
Sec. 52.2043 Control strategy for maintenance plans: ozone.
* * * * *
(d) As of June 15, 2015, EPA approves the following revised 2009
and 2018 point source inventory for nitrogen oxides (NOX)
for the Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area
submitted by the Secretary of the Pennsylvania Department of
Environmental Protection:
------------------------------------------------------------------------
Tons
per
Applicable geographic area Year day
NOX
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Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2009 7.7
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2018 5.8
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(e) As of June 15, 2015, EPA approves the following revised 2018
area source inventory for nitrogen oxides (NOX) for the
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area submitted by
the Secretary of the Pennsylvania Department of Environmental
Protection:
------------------------------------------------------------------------
Tons
per
Applicable geographic area Year day
NOX
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Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2018 7.5
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(f) As of June 15, 2015, EPA approves the following general
conformity budgets for 2009 and 2018 for nitrogen oxides
(NOX) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone
Maintenance Area submitted by the Secretary of the Pennsylvania
Department of Environmental Protection:
------------------------------------------------------------------------
Tons
per
Applicable geographic area Year day
NOX
------------------------------------------------------------------------
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2009 1.0
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2018 1.0
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4. Section 52.2052 is amended by adding paragraph (d) to read as
follows:
Sec. 52.2052 Motor vehicle emissions budgets for Pennsylvania ozone
areas.
* * * * *
(d) As of June 15, 2015, EPA approves the following revised 2009
and 2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides
(NOX) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone
Maintenance Area submitted by the Secretary of the Pennsylvania
Department of Environmental Protection:
------------------------------------------------------------------------
Tons
per
Applicable geographic area Year day
NOX
------------------------------------------------------------------------
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2009 59.3
Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area 2018 30.5
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[FR Doc. 2015-14440 Filed 6-12-15; 8:45 am]
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