Proposed Rule2022-11498
Air Plan Approval; Pennsylvania; 2015 Ozone National Ambient Air Quality Standard Nonattainment New Source Review Certification
Primary source
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Published
May 31, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve this state implementation plan (SIP) revision that will fulfill Pennsylvania's nonattainment new source review (NNSR) SIP element requirement for the 2015 8-hour 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 87 Issue 104 (Tuesday, May 31, 2022)</title>
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[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Proposed Rules]
[Pages 32379-32381]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11498]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0121; FRL-9823-01-R3]
Air Plan Approval; Pennsylvania; 2015 Ozone National Ambient Air
Quality Standard Nonattainment New Source Review Certification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve this state implementation plan (SIP) revision that will fulfill
Pennsylvania's nonattainment new source review (NNSR) SIP element
requirement for the 2015 8-hour ozone national ambient air quality
standard (NAAQS). This action is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be received on or before June 30, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0121 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#97d8e7fefbf6b9daf6e5eed4f6e3f2d7f2e7f6b9f0f8e1"><span class="__cf_email__" data-cfemail="7a350a13161b54371b0803391b0e1f3a1f0a1b541d150c">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
[[Page 32380]]
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Justin Leary, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is (215) 814-2189. Mr. Leary can also be reached via electronic
mail at <a href="/cdn-cgi/l/email-protection#88c4ede9faf1a6c2fdfbfce1e6c8edf8e9a6efe7fe"><span class="__cf_email__" data-cfemail="87cbe2e6f5fea9cdf2f4f3eee9c7e2f7e6a9e0e8f1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On January 8, 2021, the Pennsylvania
Department of Environmental Protection (PADEP) submitted a revision on
behalf of the Commonwealth of Pennsylvania (Commonwealth or
Pennsylvania) for its SIP. The revision comprises the NNSR
Certification for the 2015 8-hour ozone NAAQS. Pennsylvania is
certifying that the Commonwealth's federally approved nonattainment new
source review regulation in 25 Pennsylvania Code of Regulations (Pa.
Code) Chapter 127 applies statewide and covers the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment area for the 2015
ozone NAAQS. Pennsylvania asserts that its nonattainment new source
review program is at least as stringent as the requirements at 40 CFR
51.165, as amended by the final rule titled ``Implementation of the
2015 National Ambient Air Quality Standards for Ozone: Nonattainment
Area State Implementation Plan Requirements'' (SRR) for ozone and its
precursors. See 83 FR 62998 (December 6, 2018).
I. Background
EPA promulgated a revised 8-hour ozone NAAQS of 0.070 parts per
million (ppm). 80 FR 65452 (October 26, 2015). Under EPA's regulation
at 40 CFR 50.19 the 2015 8-hour ozone standard is obtained when the
three-year average of the fourth-highest daily maximum 8-hour average
ambient air quality ozone concentration is less than or equal to 0.070
ppm.
Upon promulgation of a new or revised NAAQS, the CAA requires that
EPA designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE nonattainment Area was designated
nonattainment and classified as a marginal nonattainment area for the
2015 8-hour ozone NAAQS on August 3, 2018. Based on initial
nonattainment designations for the 2015 8-hour ozone NAAQS, as well as
the December 6, 2018, final SRR, Pennsylvania was required to develop a
SIP revision addressing specific CAA requirements for the Philadelphia
Area and submit to EPA a NNSR Certification SIP or SIP revision no
later than 36 months after the effective date of area designations for
the 2015 8-hour ozone NAAQS (i.e., August 3, 2021). See 83 FR 62998
(December 6, 2018). EPA's analysis of how this SIP revision addresses
the NNSR requirements for the 2015 8-hour ozone NAAQS is provided in
Section II of this rulemaking action.
II. Summary of SIP Revision and EPA Analysis
This rulemaking action is specific to Pennsylvania's NNSR
requirements. NNSR is a preconstruction review permit program that
applies to new major stationary sources or major modifications at
existing sources located in a nonattainment area. The specific NNSR
requirements for the 2015 8-hour ozone NAAQS are located in 40 CFR
51.160-165.
The minimum SIP requirements for NNSR permitting programs for the
2015 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR
51.1314. Under the 2015 8-hour ozone NAAQS NNSR SIP requirements, the
SIP for each ozone nonattainment area must contain NNSR provisions
that: (1) Set major source thresholds for oxides of nitrogen
(NO<INF>X</INF>) and volatile organic compounds (VOCs) pursuant to 40
CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv); (2) classify physical changes as a
major source if the change would constitute a major source by itself
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); (3) consider any significant
net emissions increase of NO<INF>X</INF> as a significant net emissions
increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); (4) consider
certain increases of VOC emissions in extreme ozone nonattainment areas
as a significant net emissions increase and a major modification for
ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); (5) set significant
emissions rates for VOCs and NO<INF>X</INF> as ozone precursors
pursuant to 40 CFR 51.165(a)(1)(x)(A)-(C) and (E); (6) contain
provisions for emissions reductions credits pursuant to 40 CFR
51.165(a)(3)(ii)(C)(1)-(2); (7) provide that the requirements
applicable to VOC also apply to NO<INF>X</INF> pursuant to 40 CFR
51.165(a)(8); (8) set offset ratios for VOC and NO<INF>X</INF> pursuant
to 40 CFR 51.165(a)(9)(i)-(iii) (renumbered as (a)(9)(ii)-(iv) under
the SIP Requirements Rule for the 2008 8-hour ozone NAAQS); and (9) in
meeting emissions offset requirement of paragraph (a)(3), the emission
offsets obtained be for the same regulated NSR pollutant with the
exception of direct fine particulate matter (PM<INF>2.5</INF>)
emissions and emission of precursors of PM<INF>2.5</INF> pursuant 40
CFR 51.165(a)(11).
Pennsylvania's SIP approved NNSR program, established in the Pa.
Code Rule 25 Pa. Code Chapter 127--Construction, Modification,
Reactivation, and Operation of Sources, applies to the construction and
modification of major stationary sources in nonattainment areas. In its
October 30, 2017, SIP revision, Pennsylvania certifies that the version
of 25 Pa. Code Chapter 127 in the SIP is at least as stringent as the
Federal NNSR requirements for the Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE nonattainment area. EPA last approved revisions to
Pennsylvania's major NNSR SIP on February 22, 2019. In that action, EPA
approved Pennsylvania's NNSR program under the 2008 8-hour ozone NAAQS
and made PADEP's NNSR program consistent with Federal requirements. See
84 FR 5598 (February 22, 2019). The version of 25 Pa. Code Chapter 127
that is contained in the current SIP and covers the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment area and is
adequate to meet all applicable NNSR requirements for the 2015 8-hour
ozone NAAQS found in 40 CFR 51.165, and the SRR.
III. Proposed Action
EPA's review of this material indicates that Pennsylvania's
submission fulfills the 40 CFR 51.1114 revision requirement, meets the
requirements of CAA sections 110 and 172 and the minimum SIP
requirements of 40 CFR 51.165. EPA is proposing to approve
Pennsylvania's SIP revision addressing the NNSR requirements for the
2015 8-hour ozone NAAQS for the Philadelphia Area, which was submitted
on January 8, 2020. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.
IV. Statutory and Executive Order Reviews
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
[[Page 32381]]
merely approves state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this proposed 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 proposed rulemaking, approving Pennsylvania's
2015 8-hour ozone NAAQS Certification SIP revision for NNSR, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-11498 Filed 5-27-22; 8:45 am]
BILLING CODE 6560-50-P
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