Rule2021-18159
Air Plan Approval; Pennsylvania; Emissions Statement Rule Certification for the 2015 Ozone National Ambient Air Quality Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 25, 2021
Effective
September 24, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision formally submitted by the Commonwealth of Pennsylvania. This revision fulfills Pennsylvania's emissions statement requirement for the 2015 ozone national ambient air quality standard (NAAQS). This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 86 Issue 162 (Wednesday, August 25, 2021)</title>
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[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Rules and Regulations]
[Pages 47391-47393]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18159]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0706; FRL-8845-02-R3]
Air Plan Approval; Pennsylvania; Emissions Statement Rule
Certification for the 2015 Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision formally submitted by the
Commonwealth of Pennsylvania. This revision fulfills Pennsylvania's
emissions statement requirement for the 2015 ozone national ambient air
quality standard (NAAQS). This action is being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on September 24, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0706. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index,
some information is not publicly available, e.g., 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 through
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#b3fddad0dbdcdfc09de0d6c1d6ddd2f3d6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="a4eacdc7cccbc8d78af7c1d6c1cac5e4c1d4c58ac3cbd2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On May 14, 2021 (86 FR 26448), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM,
EPA proposed approval of the Commonwealth's certification that the
Commonwealth's emissions statement regulation meets the emissions
statement requirement of section 182(a)(3)(B) of the CAA for the 2015
ozone NAAQS. The formal SIP revision was submitted by the Commonwealth
of Pennsylvania, through the Pennsylvania Department of Environmental
Protection (PADEP), on April 23, 2020.
II. Summary of SIP Revision and EPA Analysis
Pennsylvania's emissions statement requirements are codified at 25
Pa Code chapter 135. Specifically, section 135.21, in accordance with
CAA section 182(a)(3)(B), applies to nitrogen oxides (NO<INF>X</INF>)
and volatile organic compounds (VOC) sources within marginal (or worse)
nonattainment areas, as well as major NO<INF>X</INF> and VOC sources
located in attainment areas located within the ozone transport region
(i.e. the remainder of the Commonwealth). Affected sources are required
annually to provide PADEP with a statement containing the source's
actual NO<INF>X</INF> and VOC emissions, the method used to calculate
those emissions, the time period over which the calculations are based,
and a certification by an appropriate company officer that the
statement is accurate. 25 Pa Code 135.21 also contains a waiver for
sources emitting less than 25 tons per year, in accordance with CAA
section182(a)(3)(B)(ii). Additionally, 25 Pa Code 135.5 contains
recordkeeping requirements necessary to document the
[[Page 47392]]
data presented in the annual emissions statements.
PADEP's April 23, 2020 submittal contains a certification that the
existing emissions statement program remains adequate under the
revised, 2015 ozone NAAQS. Other specific requirements of PADEP's April
23, 2020 submittal and the rationale for EPA's proposed action are
explained in the NPRM and will not be restated here. No public comments
were received on the NPRM.
III. Final Action
EPA is approving, as a SIP revision, the Commonwealth of
Pennsylvania's April 23, 2020 emissions statement certification for the
2015 ozone NAAQS as approvable under CAA section 182(a)(3)(B). The
Commonwealth's emissions statement certification certifies that the
Commonwealth's existing SIP-approved emissions statement program under
25 Pa Code chapter 135 satisfies the requirements of CAA section
182(a)(3)(B) for the 2015 ozone NAAQS.
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:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 October 25, 2021. 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 District's emissions statement
certification for the 2015 ozone 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, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 17, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 ``Emissions Statement Certification for the 2015 Ozone
National Ambient Air Quality Standard'' at the end of the table to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
[[Page 47393]]
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State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
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* * * * * * *
Emissions Statement Certification The Pennsylvania 4/23/20 8/25/21, [insert Certification that
for the 2015 Ozone National portion of the Federal Register Pennsylvania's
Ambient Air Quality Standard. Philadelphia- citation]. previously SIP-
Wilmington-Atlantic approved
City (PA-NJ-MD-DE) regulations at 25
nonattainment area Pa Code chapter 135
for the 2015 ozone meet the emissions
NAAQS. statement
requirements of CAA
section
182(a)(3)(B) for
the 2015 ozone
NAAQS.
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* * * * *
[FR Doc. 2021-18159 Filed 8-24-21; 8:45 am]
BILLING CODE 6560-50-P
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