Rule2023-11752
Air Plan Approval; Pennsylvania; Infrastructure State Implementation Plan Revision Clean Air Act Section 110 Applicable Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)
Primary source
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Published
June 2, 2023
Effective
July 3, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. Whenever EPA promulgates a new or revised national ambient air quality standard (NAAQS or standard), the Clean Air Act (CAA) requires states to make SIP submissions to provide for the implementation, maintenance, and enforcement of the NAAQS. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. Pennsylvania has formally submitted a SIP revision addressing certain infrastructure elements for certain sections of the CAA for the 2015 8-hour ozone NAAQS. EPA is approving Pennsylvania's submittal addressing these infrastructure requirements for the 2015 ozone NAAQS in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 88 Issue 106 (Friday, June 2, 2023)</title>
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[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36253-36255]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11752]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0479; FRL-10665-02-R3]
Air Plan Approval; Pennsylvania; Infrastructure State
Implementation Plan Revision Clean Air Act Section 110 Applicable
Requirements for the 2015 8-Hour Ozone National Ambient Air Quality
Standard (NAAQS)
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 submitted by the Commonwealth of
Pennsylvania. Whenever EPA promulgates a new or revised national
ambient air quality standard (NAAQS or standard), the Clean Air Act
(CAA) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. Pennsylvania has
formally submitted a SIP revision addressing certain infrastructure
elements for certain sections of the CAA for the 2015 8-hour ozone
NAAQS. EPA is approving Pennsylvania's submittal addressing these
infrastructure requirements for the 2015 ozone NAAQS in accordance with
the requirements of the CAA.
DATES: This final rule is effective on July 3, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0479. All documents in the docket are listed on
the <a href="http://www.regulations.gov">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="http://www.regulations.gov">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: Dr. Michael O'Shea, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2064. Dr. O'Shea can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#85cad6ede0e4abc8ece6ede4e0e9c5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="1f504c777a7e3152767c777e7a735f7a6f7e31787069">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On February 27, 2023 (88 FR 12301), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of the infrastructure requirements
submitted by Pennsylvania for section 110(a) of the CAA for the 2015
ozone NAAQS, aside from visibility protection. The formal SIP revision
was submitted by Pennsylvania on April 20, 2021.
On October 26, 2015, EPA issued a final rule revising both the
primary and secondary ozone NAAQS for ground-level ozone to 0.070 parts
per million (ppm), based on the fourth-highest maximum daily 8-hour
ozone concentration per year, averaged over three years. 80 FR 65292.
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This type of
SIP submission is commonly referred to as an ``infrastructure SIP.''
These submissions must meet the various requirements of CAA section
110(a)(2), as applicable, within three years after promulgation of a
new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(1) of the CAA provides the procedural and
timing requirements for SIPs, while section 110(a)(2) lists specific
elements that states must meet for infrastructure SIP requirements
related to a newly established or revised NAAQS. Section 110(a)(2)
requires states to address basic SIP elements such as requirements for
monitoring, basic program framework and adequate legal authority that
are designed to assure attainment and maintenance of the NAAQS.
II. Summary of SIP Revision and EPA Analysis
On April 20, 2021, the Commonwealth of Pennsylvania formally
submitted a SIP revision to satisfy the infrastructure requirements of
CAA section 110(a) for the 2015 ozone NAAQS (referred to as
``Pennsylvania's submittal'').
[[Page 36254]]
Pennsylvania's submittal addresses the following infrastructure
elements, or portions thereof, for the 2015 ozone NAAQS: CAA section
110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant
deterioration (PSD)), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M).
Pennsylvania's submittal does not address the following elements of
CAA section 110(a)(2): sub-element (D)(i)(I) related to interstate
transport; and element (I), which pertains to the nonattainment
requirements of part D, title I of the CAA. Also, the Pennsylvania
infrastructure SIP submittal addressed the PSD portion of section
110(a)(2)(D)(i)(II) but provided only narrative context regarding the
history of the visibility protection portion of
section110(a)(2)(D)(i)(II). Therefore, EPA is not taking action on the
visibility protection element of 110(a)(2)(D)(i)(II) at this time.
With respect to element (I), according to EPA's 2013 Infrastructure
Guidance, element (I) pertains to part D of title I of the CAA, which
addresses SIP requirements and submission deadlines for areas
designated nonattainment for a NAAQS. This element pertains to SIP
revisions that are collectively referred to as nonattainment SIPs or
attainment plans. Such SIP revisions are required if an area is
designated nonattainment and, if required, would be due to EPA by the
dates statutorily prescribed in CAA part D, subparts 2 through 5.
Because the CAA directs states to submit these plan elements on a
separate schedule, EPA does not believe it is necessary for states to
include these elements in the infrastructure SIP submission due three
years after adoption or revision of a NAAQS.\1\ Pennsylvania's
submittal also did not address the portion of CAA section
110(a)(2)(D)(i)(I) related to interstate transport for the 2015 ozone
NAAQS. Therefore, EPA is not taking any action related to
Pennsylvania's obligations under section 110(a)(2)(D)(i)(I) for the
2015 ozone NAAQS. Based upon EPA's review of Pennsylvania's submittal,
EPA proposed to determine that Pennsylvania's submittal satisfies the
infrastructure elements of CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II) (PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M)
for the 2015 ozone NAAQS on February 27, 2023, via an NPRM.
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\1\ See the ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013,
for reference, included in the docket for this rulemaking action
available at <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket ID Number EPA-R03-OAR-2021-
0479.
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Other specific requirements of the infrastructure SIP and the
rationale for EPA's proposed action are explained in the NPRM, and its
associated technical support document (TSD), and will not be restated
here. The NPRM and TSD are available in the docket for this rulemaking
at <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket ID Number EPA-R03-OAR-2021-0479.
III. EPA's Response to Comments Received
EPA received one comment which can be found in the docket. The
commenter expressed support for this action.
IV. Final Action
EPA is approving Pennsylvania's April 20th, 2021 infrastructure
submission which satisfies the following requirements of CAA section
110(a) for the 2015 ozone NAAQS: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II) (PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
Pennsylvania's submittal did not address the following infrastructure
elements: CAA section 110(a)(2)(D)(i)(I) related to interstate
transport; and CAA section 110(a)(2)(I) pertaining to the nonattainment
requirements of part D, title I of the CAA. Therefore, EPA is not
taking action on these elements. Furthermore, Pennsylvania's submittal
included only narrative historical information pertaining to the
visibility protection element of 110(a)(2)(D)(i)(II). Therefore, EPA is
not taking action on that element at this time.
V. 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
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Pennsylvania Department of Environmental Protection (PADEP) did
not evaluate environmental justice considerations as part of its SIP
submittal; the CAA and applicable
[[Page 36255]]
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
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 1, 2023. 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 pertaining to Pennsylvania's section 110(a)(2)
infrastructure elements 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Adam Ortiz,
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
the entry ``Infrastructure State Implementation Plan Revision Clean Air
Act Sections 110 Applicable Requirements for the 2015 8-Hour Ozone
National Ambient Air Quality Standard (NAAQS)'' at the end of the table
to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
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* * * * * * *
Infrastructure State Statewide............. 4/20/2021 6/2/2023, [insert This section is
Implementation Plan Revision Federal Register amended. This
Clean Air Act Sections 110 citation]. action addresses
Applicable Requirements for the the following, or
2015 8-Hour Ozone National portions thereof,
Ambient Air Quality Standard CAA elements:
(NAAQS). 110(a)(2)(A),
(B), (C),
(D)(i)(II)(Preven
tion of
Significant
Deterioration),
D(ii), (E), (F),
(G), (H), (J),
(K), (L), and
(M).
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* * * * *
[FR Doc. 2023-11752 Filed 6-1-23; 8:45 am]
BILLING CODE 6560-50-P
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