Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Streamlining Amendments to the Plan Approval Regulations, 21908-21911 [2012-8852]
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
electricity generating units (EGUs)
designated as Units 1, 2, and 3 at the
Reid Gardner Generating Station in
Clark County, Nevada.
(1) Definitions. Terms not defined
below shall have the meaning given to
them in the Clean Air Act or EPA’s
regulations implementing the Clean Air
Act. For purposes of this section:
Ammonia injection shall include any
of the following: anhydrous ammonia,
aqueous ammonia or urea injection.
Combustion controls shall mean new
low NOX burners, new overfire air, and/
or rotating overfire air.
Continuous emission monitoring
system or CEMS means the equipment
required by 40 CFR Part 75 to determine
compliance with this section.
NOX means nitrogen oxides expressed
as nitrogen dioxide (NO2).
Owner/operator means any person
who owns or who operates, controls, or
supervises an EGU identified in
paragraph (e) of this section.
Unit means any of the EGUs identified
in paragraph (e) of this section.
Unit-wide means all of the EGUs
identified in paragraph (e) of this
section.
(2) Emission limitations—The NOX
limit, expressed as nitrogen dioxide, for
Units 1, 2, and 3 shall be 0.20 lb/MMBtu
based on a unit-wide heat input
weighted average determined over a
rolling 30-calendar day period. NO2
emissions for each calendar day shall be
determined by summing the hourly
emissions measured in pounds of NO2
for all operating units. Heat input for
each calendar day shall be determined
by adding together all hourly heat
inputs, in millions of BTU, for all
operating units. Each day the thirty-day
rolling average shall be determined by
adding together that day and the
preceding 29 days’ pounds of NO2 and
dividing that total pounds of NO2 by the
sum of the heat input during the same
30-day period. The results shall be the
30-calendar day rolling pound per
million BTU emissions of NO2.
(3) Compliance date. The owners and
operators subject to this section shall
comply with the emissions limitations
and other requirements of this section
within 5 years from promulgation of this
paragraph and thereafter.
(4) Testing and Monitoring. (i) The
owner or operator shall use 40 CFR Part
75 monitors and meet the requirements
found in 40 CFR Part 75. In addition to
these requirements, relative accuracy
test audits shall be performed for both
the NO2 pounds per hour measurement
and the hourly heat input measurement,
and shall have relative accuracies of less
than 20%. This testing shall be
evaluated each time the 40 CFR Part 75
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monitors undergo relative accuracy
testing. Compliance with the emission
limit for NO2 shall be determined by
using data that is quality assured and
considered valid under 40 CFR Part 75,
and which meets the relative accuracy
of this paragraph.
(ii) If a valid NOX pounds per hour or
heat input is not available for any hour
for a unit, that heat input and NOX
pounds per hour shall not be used in the
calculation of the unit-wide rolling 30calendar day average. Each Unit shall
obtain at least 90% valid hours of data
over each calendar quarter. 40 CFR Part
60 Appendix A Reference Methods may
be used to supplement the Part 75
monitoring.
(iii) Upon the effective date of the
unit-wide NOX limit, the owner or
operator shall have installed CEMS
software that meets with the
requirements of this section for
measuring NO2 pounds per hour and
calculating the unit-wide 30-calendar
day rolling average as required in
paragraph (e)(2) of this section.
(iv) Upon the completion of
installation of ammonia injection on any
of the three units, the owner or operator
shall install, and thereafter maintain
and operate, instrumentation to
continuously monitor and record levels
of ammonia consumption for that unit.
(5) Notifications. (i) The owner or
operator shall notify EPA within two
weeks after completion of installation of
combustion controls or ammonia
injection on any of the units subject to
this section.
(ii) The owner or operator shall also
notify EPA of initial start-up of any
equipment for which notification was
given in paragraph (e)(5)(i).
(6) Equipment Operations. After
completion of installation of ammonia
injection on any of the three units, the
owner or operator shall inject sufficient
ammonia to minimize the NOX
emissions from that unit while
preventing excessive ammonia
emissions.
(7) Recordkeeping. The owner or
operator shall maintain the following
records for at least five years:
(i) For each unit, CEMS data
measuring NOX in lb/hr, heat input rate
per hour, the daily calculation of the
unit-wide 30-calendar day rolling lb
NO2/MMbtu emission rate as required
in paragraph (e)(2) of this section.
(ii) Records of the relative accuracy
test for NOX lb/hr measurement and
hourly heat input
(iii) Records of ammonia consumption
for each unit, as recorded by the
instrumentation required in paragraph
(e)(4)(iv) of this section.
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(8) Reporting. Reports and
notifications shall be submitted to the
Director of Enforcement Division, U.S.
EPA Region IX, at 75 Hawthorne Street,
San Francisco, CA 94105. Within 30
days of the end of each calendar quarter
after the effective date of this section,
the owner or operator shall submit a
report that lists the unit-wide 30calendar day rolling lb NO2/MMBtu
emission rate for each day. Included in
this report shall be the results of any
relative accuracy test audit performed
during the calendar quarter.
(9) Enforcement. Notwithstanding any
other provision in this implementation
plan, any credible evidence or
information relevant as to whether the
unit would have been in compliance
with applicable requirements if the
appropriate performance or compliance
test had been performed, can be used to
establish whether or not the owner or
operator has violated or is in violation
of any standard or applicable emission
limit in the plan.
[FR Doc. 2012–8713 Filed 4–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0882; FRL–9656–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Streamlining
Amendments to the Plan Approval
Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to grant
limited approval to a State
Implementation Plan (SIP) revision
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) on April 14, 2009. The revision
pertains to PADEP’s plan approval
requirements for the construction,
modification, and operation of sources,
and is primarily intended to streamline
the process for minor permitting
actions. This action is being taken under
the Clean Air Act (CAA).
DATES: Written comments must be
received on or before May 14, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2009–0882 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
SUMMARY:
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B. Email: cox.kathleen@epa.gov.
C. Mail: EPA–R03–OAR–2009–0882,
Kathleen Cox, Associate Director, Office
of Permits and Air Toxics, Mailcode
3AP10, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted 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–2009–
0882. 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,
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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:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On April 14, 2009, PADEP
submitted revisions to its State
Implementation Plan (SIP). The
proposed revisions consist of
amendments to the plan approval
requirements for the construction,
modification, reactivation, and
operation of sources.
Table of Contents
I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
Generally speaking, anyone
constructing or operating a source in
Pennsylvania that emits pollutants into
the air must comply with the general
requirement to obtain a ‘‘plan approval’’
prior to construction as outlined in 25
Pa. Code 127, Subchapters A and B.
These subchapters are generally
considered the state’s minor New
Source Review (NSR) program covering
minor sources as well as minor changes
at major sources. Major sources are
subject to the additional requirements of
subchapters D Prevention Significant
Deterioration (PSD) and E
(nonattainment NSR). Subchapter E also
includes additional provisions relating
to minor changes at major sources for
ozone precursors Nitrogen Oxides and
Volatile Organic Compounds (NOx and
VOCs). A plan approval is a permit that
authorizes construction, installation, or
modification of any air pollution source.
In evaluating the plan approval
application, PADEP checks to see that
both the operation of the source and the
control equipment installed to reduce
air pollution meet the applicable
technical and engineering requirements.
The public is given an opportunity to
comment on the plan approval
application. In addition to being a
permit to construct, the plan approval
provides temporary authorization for
the source to operate to assure that the
equipment functions properly. This
temporary authorization is known as the
‘‘shakedown’’ period.
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21909
The plan approval regulations that are
the subject of this proposed action are
codified at 25 Pa. Code 127, Subchapter
B (relating to general requirements for
all plan approvals). EPA last took action
on these provisions on July 30, 1996.
Pennsylvania adopted the amendments
being proposed in this action, and
published notice of final rulemaking in
the Pennsylvania Bulletin on May 24,
2008. The primary purpose of the
amendments is to streamline the
permitting process by eliminating some
of the administrative burden and costs
associated with processing minor
permitting actions, while preserving the
right of the public to review and
comment on those proposed actions.
The proposed amendments generally
affect five regulations: Section 127.12b,
pertaining to ‘‘shakedown’’ periods for
new or modified sources; section
127.12d, pertaining to completeness
determinations; sections 127.44 and
127.45, pertaining to public notice
requirements; and section 127.48,
pertaining to conferences and hearings.
The specific revisions are discussed in
detail below.
II. Summary of SIP Revision
A. 25 Pa. Code 127.12b: Plan Approval
Terms and Conditions
Section 127.12b(d), as approved by
EPA on July 30, 1996, authorizes a
temporary ‘‘shakedown’’ period for new
and modified sources and air cleaning
equipment for a period of 180 days
pending issuance of a state operating
permit or a Title V permit, ‘‘* * * to
permit the evaluation of the air
contamination aspects of the source’’
(see section 127.12b(d)). The regulation
as currently approved in Pennsylvania’s
SIP also allows for limited extensions of
this period, with each extension limited
to 120 days. The proposed revision
increases the permissible duration of the
extensions to 180 days.
B. 25 Pa. Code 127.12d: Completeness
Determination
The proposed revisions incorporate
new requirements into the Pennsylvania
SIP that outline PADEP’s obligations
with respect to determining whether an
applicant has submitted an
administratively complete application,
and notifying the applicant of that
decision. These requirements are
codified at section 127.12d(a) thru (c).
Section 127.12d(a) requires PADEP to
make a completeness determination and
provide notice to the applicant within
30 days of receipt of the application.
Section 127.12d(b) establishes
guidelines for what constitutes an
administratively complete application.
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In the event an application is deemed to
be incomplete, section 127.12d(c)
requires PADEP to notify the applicant
of the specific deficiency, and to return
the application and fees to the applicant
if the requested information is not
submitted within ten (10) working days
of being notified by PADEP that the
application is incomplete. These
regulations as proposed by PADEP are
consistent with CAA requirements, and
are in fact more prescriptive than their
Federal counterparts at 40 CFR
51.166(q)(1).
C. 25 Pa. Code 127.44: Public Notice
and 25 Pa. Code 127.45: Contents of
Notice
The public notice requirements of
section 127.44 as currently approved in
the Pennsylvania SIP make no
distinction between major and minor
permitting actions—the requirements
are the same. Pennsylvania adopted the
proposed revisions to the public notice
requirements of section 127.44 (and
127.45, below) in an effort to streamline
the process for minor permitting actions
and allow PADEP to focus its limited
resources on major permitting actions.
In the current SIP, section 127.44
sections (a)(1) thru (6) list the types of
plan approvals for which the public
notice requirements apply. These
include section (a)(5): ‘‘Other sources
required to obtain plan approval,’’
which has the effect of applying the
notice requirements to all plan approval
actions equally. Pennsylvania has a
robust minor New Source Review (NSR)
program. Very few sources escape the
requirement to obtain a plan approval,
and every plan approval is subject to
public notice requirements. Prior to
these revisions, significant time and
resources were being spent on relatively
minor permitting actions. The proposed
revisions involve the bifurcation of the
notice requirements into a new section
127.44(a) which applies to minor
actions, and a new section 127.44(b)
which applies to major actions as well
as any action for which PADEP
determines that significant public
interest exists. The remaining
unchanged sections were re-ordered
sequentially to allow for the bifurcation.
Pursuant to the proposed
amendments, under the revised section
127.44(a) PADEP will publish a ‘‘notice
of receipt and intent to issue’’ in the Pa.
Bulletin for each plan approval
application relating to a minor
permitting action. PADEP has, as a
policy, generally published two notices
for all plan approval actions: one upon
receipt of an application, and one of
intent to issue a proposed plan
approval. Under the proposed revisions,
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proposed plan approval actions that are
subject to section 127.44(a) will be
issued at the end of the public comment
period without further notice, unless
significant public comments are
received. The notice requirements for
major actions, now at section 127.44(b),
were not substantively amended. We
read the requirements of section
127.44(f) to apply to all plan approvals
that are subject to section 127.44. These
include the requirement that the
application materials be made available
for review in the region affected by the
project, and that a 30-day public
comment period be established
(127.44(f)(1) and (f)(2) respectively).
In the proposed revisions, section
127.45 was similarly bifurcated to
incorporate separate requirements for
minor and major actions. As with the
notice requirements of section 127.44,
the content requirements of section
127.45 for permitting actions considered
by PADEP to be major, (now at
127.45(b)), were not substantively
modified. For minor actions, section
127.45(a) outlines what must be
included in each ‘‘notice of receipt and
intent to issue.’’ These requirements
include: the name and address of the
applicant and the location of the source,
a brief discussion of the proposed action
including a description of the source,
the control technology, the conditions
being placed in the permit, and the type
and quantity of air contaminants being
emitted, as well as a point of contact at
PADEP, and the statement that a person
may oppose the proposed plan approval
by filing a written protest with the
appropriate regional office (see
proposed section 127.45(a)). The
requirements for minor permitting
actions under this section do not vary
significantly from the requirements for
major actions. The primary differences
are that section 127.45(b) requires a
description of increment consumption
(where applicable), and a description of
the procedures for reaching a final
decision on the proposed plan approval,
including the end date for receipt of
written protests, procedures for
requesting a hearing, and other
procedures for public involvement in
the final decision (see proposed section
127.45(b)(6)). The result of the proposed
revisions to sections 127.44 and 127.45
is that for minor permitting actions,
public notice of the proposed action
will be less detailed than for major
actions, will be provided once, and only
in the Pa. Bulletin (which publishes
online and in print).
The Federal requirements with regard
to public availability of information are
codified at 40 CFR 51.161. Specifically,
40 CFR 51.161(a) requires that ‘‘[t]he
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public information must include the
agency’s analysis of the effect of
construction or modification on ambient
air quality, including the agency’s
proposed approval or disapproval.’’ EPA
believes that to some extent, the intent
of section 51.161(a) was met in sections
127.45(a)(3) and (4) of Pennsylvania’s
proposed SIP revision, which discuss
the content of the public notice. These
sections require a description of the
proposed construction or modification,
the control technology being installed,
the conditions in the proposed permit
(with reference to applicable federal
requirements), and the type and
quantity of air contaminants being
emitted. Nevertheless, the agency
analysis required by 40 CFR 51.161(a) is
not explicitly required in the proposed
SIP revision, nor do the regulations of
sections 127.44 and 127.45 require that
the agency’s analysis be made available
for public inspection in at least one
location, in accordance with 40 CFR
51.161(b)(1). Section 127.44(f)(1)
requires only that the application be
made available. Therefore, EPA is
proposing to grant limited approval to
PADEP’s proposed revision. To receive
full approval, PADEP must adopt the
explicit requirement that the agency’s
analysis be included in the information
provided to the public for comment
pursuant to 40 CFR 51.161(a), as well as
the requirement that the analysis be
made available for public inspection
pursuant to 40 CFR 51.161(b)(1), and
submit those changes to EPA as a formal
SIP revision.
D. 25 Pa. Code 127.48: Conferences and
Hearings
The regulations at section 127.48
contain the requirements regarding
public hearings or fact finding
conferences on proposed plan
approvals. The PADEP may, at its
discretion, hold such a hearing when it
is deemed necessary due to sufficient
public impact or interest. The proposed
amendments to section 127.48(b)
include some clarifying language
regarding hearing notices. More
substantively, the amendments include
the requirement to publish notice
‘‘* * * in a newspaper of general
circulation in the county in which the
source is to be located * * *’’. The
current SIP only requires that the notice
be published in the Pa. Bulletin or a
newspaper. The regulations as amended
in the proposed SIP revision require
both, and as such represent a
strengthening of the SIP.
III. Proposed Action
EPA’s review of this material
indicates that with the one noted
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exception, the proposed revisions to 25
Pa. Code 127, Subchapter B meet or
exceed Federal requirements. EPA is
proposing to grant limited approval to
the Pennsylvania SIP revision, which
was submitted on April 14, 2009. EPA
is soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
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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
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed 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
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methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed action
regarding streamlining amendments to
Pennsylvania’s plan approval process
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 28, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–8852 Filed 4–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0244; FRL–9657–9]
Approval and Promulgation of
Implementation Plans; State of
Arizona; Prevention of Air Pollution
Emergency Episodes
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
the State Implementation Plan (SIP)
revision submitted by the State of
Arizona to address the requirements
regarding air pollution emergency
episodes in Clean Air Act (CAA or Act)
section 110(a)(2)(G). Section
110(a)(2)(G) of the Act requires that each
SIP provide for authority comparable to
that in section 303 of the Act and
adequate contingency plans to
implement such authority. EPA is
proposing to approve Arizona’s SIP
revision as meeting the authority and
contingency plans for the 1997 8-hour
ozone National Ambient Air Quality
Standards (NAAQS or standards).
DATES: Written comments must be
received on or before May 14, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
SUMMARY:
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21911
R09–OAR–2012–0244, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. Email: buss.jeffrey@epa.gov.
3. Fax: 415–947–3579.
4. Mail or deliver: Jeffrey Buss (AIR–
2), U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105–3901.
Deliveries are only accepted during the
Regional Office’s normal hours of
operation.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or email.
https://www.regulations.gov is an
anonymous access system, and EPA will
not know your identity or contact
information unless you provide it in the
body of your comment. If you send
email directly to EPA, your email
address will be automatically captured
and included as part of the public
comment. 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.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, Air Planning Office (AIR–
2), U.S. Environmental Protection
Agency, Region IX, (415) 947–4152,
buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
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[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Proposed Rules]
[Pages 21908-21911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8852]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0882; FRL-9656-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Streamlining Amendments to the Plan Approval Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to grant limited approval to a State
Implementation Plan (SIP) revision submitted by the Pennsylvania
Department of Environmental Protection (PADEP) on April 14, 2009. The
revision pertains to PADEP's plan approval requirements for the
construction, modification, and operation of sources, and is primarily
intended to streamline the process for minor permitting actions. This
action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before May 14, 2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0882 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
[[Page 21909]]
B. Email: cox.kathleen@epa.gov.
C. Mail: EPA-R03-OAR-2009-0882, Kathleen Cox, Associate Director,
Office of Permits and Air Toxics, Mailcode 3AP10, 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-
2009-0882. 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.
FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. On April 14, 2009, PADEP
submitted revisions to its State Implementation Plan (SIP). The
proposed revisions consist of amendments to the plan approval
requirements for the construction, modification, reactivation, and
operation of sources.
Table of Contents
I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
Generally speaking, anyone constructing or operating a source in
Pennsylvania that emits pollutants into the air must comply with the
general requirement to obtain a ``plan approval'' prior to construction
as outlined in 25 Pa. Code 127, Subchapters A and B. These subchapters
are generally considered the state's minor New Source Review (NSR)
program covering minor sources as well as minor changes at major
sources. Major sources are subject to the additional requirements of
subchapters D Prevention Significant Deterioration (PSD) and E
(nonattainment NSR). Subchapter E also includes additional provisions
relating to minor changes at major sources for ozone precursors
Nitrogen Oxides and Volatile Organic Compounds (NOx and VOCs). A plan
approval is a permit that authorizes construction, installation, or
modification of any air pollution source. In evaluating the plan
approval application, PADEP checks to see that both the operation of
the source and the control equipment installed to reduce air pollution
meet the applicable technical and engineering requirements. The public
is given an opportunity to comment on the plan approval application. In
addition to being a permit to construct, the plan approval provides
temporary authorization for the source to operate to assure that the
equipment functions properly. This temporary authorization is known as
the ``shakedown'' period.
The plan approval regulations that are the subject of this proposed
action are codified at 25 Pa. Code 127, Subchapter B (relating to
general requirements for all plan approvals). EPA last took action on
these provisions on July 30, 1996. Pennsylvania adopted the amendments
being proposed in this action, and published notice of final rulemaking
in the Pennsylvania Bulletin on May 24, 2008. The primary purpose of
the amendments is to streamline the permitting process by eliminating
some of the administrative burden and costs associated with processing
minor permitting actions, while preserving the right of the public to
review and comment on those proposed actions. The proposed amendments
generally affect five regulations: Section 127.12b, pertaining to
``shakedown'' periods for new or modified sources; section 127.12d,
pertaining to completeness determinations; sections 127.44 and 127.45,
pertaining to public notice requirements; and section 127.48,
pertaining to conferences and hearings. The specific revisions are
discussed in detail below.
II. Summary of SIP Revision
A. 25 Pa. Code 127.12b: Plan Approval Terms and Conditions
Section 127.12b(d), as approved by EPA on July 30, 1996, authorizes
a temporary ``shakedown'' period for new and modified sources and air
cleaning equipment for a period of 180 days pending issuance of a state
operating permit or a Title V permit, ``* * * to permit the evaluation
of the air contamination aspects of the source'' (see section
127.12b(d)). The regulation as currently approved in Pennsylvania's SIP
also allows for limited extensions of this period, with each extension
limited to 120 days. The proposed revision increases the permissible
duration of the extensions to 180 days.
B. 25 Pa. Code 127.12d: Completeness Determination
The proposed revisions incorporate new requirements into the
Pennsylvania SIP that outline PADEP's obligations with respect to
determining whether an applicant has submitted an administratively
complete application, and notifying the applicant of that decision.
These requirements are codified at section 127.12d(a) thru (c). Section
127.12d(a) requires PADEP to make a completeness determination and
provide notice to the applicant within 30 days of receipt of the
application. Section 127.12d(b) establishes guidelines for what
constitutes an administratively complete application.
[[Page 21910]]
In the event an application is deemed to be incomplete, section
127.12d(c) requires PADEP to notify the applicant of the specific
deficiency, and to return the application and fees to the applicant if
the requested information is not submitted within ten (10) working days
of being notified by PADEP that the application is incomplete. These
regulations as proposed by PADEP are consistent with CAA requirements,
and are in fact more prescriptive than their Federal counterparts at 40
CFR 51.166(q)(1).
C. 25 Pa. Code 127.44: Public Notice and 25 Pa. Code 127.45: Contents
of Notice
The public notice requirements of section 127.44 as currently
approved in the Pennsylvania SIP make no distinction between major and
minor permitting actions--the requirements are the same. Pennsylvania
adopted the proposed revisions to the public notice requirements of
section 127.44 (and 127.45, below) in an effort to streamline the
process for minor permitting actions and allow PADEP to focus its
limited resources on major permitting actions.
In the current SIP, section 127.44 sections (a)(1) thru (6) list
the types of plan approvals for which the public notice requirements
apply. These include section (a)(5): ``Other sources required to obtain
plan approval,'' which has the effect of applying the notice
requirements to all plan approval actions equally. Pennsylvania has a
robust minor New Source Review (NSR) program. Very few sources escape
the requirement to obtain a plan approval, and every plan approval is
subject to public notice requirements. Prior to these revisions,
significant time and resources were being spent on relatively minor
permitting actions. The proposed revisions involve the bifurcation of
the notice requirements into a new section 127.44(a) which applies to
minor actions, and a new section 127.44(b) which applies to major
actions as well as any action for which PADEP determines that
significant public interest exists. The remaining unchanged sections
were re-ordered sequentially to allow for the bifurcation.
Pursuant to the proposed amendments, under the revised section
127.44(a) PADEP will publish a ``notice of receipt and intent to
issue'' in the Pa. Bulletin for each plan approval application relating
to a minor permitting action. PADEP has, as a policy, generally
published two notices for all plan approval actions: one upon receipt
of an application, and one of intent to issue a proposed plan approval.
Under the proposed revisions, proposed plan approval actions that are
subject to section 127.44(a) will be issued at the end of the public
comment period without further notice, unless significant public
comments are received. The notice requirements for major actions, now
at section 127.44(b), were not substantively amended. We read the
requirements of section 127.44(f) to apply to all plan approvals that
are subject to section 127.44. These include the requirement that the
application materials be made available for review in the region
affected by the project, and that a 30-day public comment period be
established (127.44(f)(1) and (f)(2) respectively).
In the proposed revisions, section 127.45 was similarly bifurcated
to incorporate separate requirements for minor and major actions. As
with the notice requirements of section 127.44, the content
requirements of section 127.45 for permitting actions considered by
PADEP to be major, (now at 127.45(b)), were not substantively modified.
For minor actions, section 127.45(a) outlines what must be included in
each ``notice of receipt and intent to issue.'' These requirements
include: the name and address of the applicant and the location of the
source, a brief discussion of the proposed action including a
description of the source, the control technology, the conditions being
placed in the permit, and the type and quantity of air contaminants
being emitted, as well as a point of contact at PADEP, and the
statement that a person may oppose the proposed plan approval by filing
a written protest with the appropriate regional office (see proposed
section 127.45(a)). The requirements for minor permitting actions under
this section do not vary significantly from the requirements for major
actions. The primary differences are that section 127.45(b) requires a
description of increment consumption (where applicable), and a
description of the procedures for reaching a final decision on the
proposed plan approval, including the end date for receipt of written
protests, procedures for requesting a hearing, and other procedures for
public involvement in the final decision (see proposed section
127.45(b)(6)). The result of the proposed revisions to sections 127.44
and 127.45 is that for minor permitting actions, public notice of the
proposed action will be less detailed than for major actions, will be
provided once, and only in the Pa. Bulletin (which publishes online and
in print).
The Federal requirements with regard to public availability of
information are codified at 40 CFR 51.161. Specifically, 40 CFR
51.161(a) requires that ``[t]he public information must include the
agency's analysis of the effect of construction or modification on
ambient air quality, including the agency's proposed approval or
disapproval.'' EPA believes that to some extent, the intent of section
51.161(a) was met in sections 127.45(a)(3) and (4) of Pennsylvania's
proposed SIP revision, which discuss the content of the public notice.
These sections require a description of the proposed construction or
modification, the control technology being installed, the conditions in
the proposed permit (with reference to applicable federal
requirements), and the type and quantity of air contaminants being
emitted. Nevertheless, the agency analysis required by 40 CFR 51.161(a)
is not explicitly required in the proposed SIP revision, nor do the
regulations of sections 127.44 and 127.45 require that the agency's
analysis be made available for public inspection in at least one
location, in accordance with 40 CFR 51.161(b)(1). Section 127.44(f)(1)
requires only that the application be made available. Therefore, EPA is
proposing to grant limited approval to PADEP's proposed revision. To
receive full approval, PADEP must adopt the explicit requirement that
the agency's analysis be included in the information provided to the
public for comment pursuant to 40 CFR 51.161(a), as well as the
requirement that the analysis be made available for public inspection
pursuant to 40 CFR 51.161(b)(1), and submit those changes to EPA as a
formal SIP revision.
D. 25 Pa. Code 127.48: Conferences and Hearings
The regulations at section 127.48 contain the requirements
regarding public hearings or fact finding conferences on proposed plan
approvals. The PADEP may, at its discretion, hold such a hearing when
it is deemed necessary due to sufficient public impact or interest. The
proposed amendments to section 127.48(b) include some clarifying
language regarding hearing notices. More substantively, the amendments
include the requirement to publish notice ``* * * in a newspaper of
general circulation in the county in which the source is to be located
* * *''. The current SIP only requires that the notice be published in
the Pa. Bulletin or a newspaper. The regulations as amended in the
proposed SIP revision require both, and as such represent a
strengthening of the SIP.
III. Proposed Action
EPA's review of this material indicates that with the one noted
[[Page 21911]]
exception, the proposed revisions to 25 Pa. Code 127, Subchapter B meet
or exceed Federal requirements. EPA is proposing to grant limited
approval to the Pennsylvania SIP revision, which was submitted on April
14, 2009. 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 merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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 proposed action regarding streamlining amendments to
Pennsylvania's plan approval process 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 28, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-8852 Filed 4-11-12; 8:45 am]
BILLING CODE 6560-50-P
