
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59615-59620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24877]


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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.

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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 previously-listed 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 V[eacute]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 ([mu]g/m\3\) (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 [mu]g/m\3\ (hereafter referred to as ``the 1997

[[Page 59616]]

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 Liberty-Clairton 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 [mu]g/m\3\ (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 [mu]g/m\3\ (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).
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    \1\ EPA'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.
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    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\
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    \2\ EPA's June 6, 2013 withdrawal memorandum is available at 
http://www.epa.gov/ttn/naaqs/pm/pdfs/implementationguidancewithdrawmemo.pdf.
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    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 Liberty-Clairton 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

[[Page 59617]]

statutory provisions for the Clean Data Policy.\3\
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    \3\ EPA 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).
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    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 Liberty-Clairton'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 Liberty-Clairton 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]
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                                                               PM2.5           PM10             SO2             NOX             VOC           Ammonia
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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
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    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

[[Page 59618]]

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 Liberty-Clairton 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 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.
    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

[[Page 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 Liberty-Clairton 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

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 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:


Sec.  52.2020  Identification of plan.

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

[[Page 59620]]



----------------------------------------------------------------------------------------------------------------
Name of  non-regulatory  SIP                                       State        EPA approval       Additional
          revision              Applicable geographic area    submittal date        date          explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2007 Base Year Emissions      Liberty-Clairton PM2.5                 6/21/13  10/2/15 [Insert  .................
 Inventory for the 2006        Nonattainment Area.                             Federal
 PM2.5 NAAQS.                                                                  Register
                                                                               citation].
----------------------------------------------------------------------------------------------------------------

* * * * *

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


Sec.  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


