Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard, 27732-27734 [2018-12706]
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27732
Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Proposed Rules
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this proposed rule elsewhere
in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This proposed rule
involves a change to the operating
schedule of a drawbridge. It is
categorically excluded from further
review under paragraph L49 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
VerDate Sep<11>2014
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www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this SNPRM
as being available in this docket and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
■
2. Revise § 117.500 to read as follows:
§ 117.500
Tchefuncta River.
The draw of the S22 Bridge, mile 2.5,
at Madisonville, LA shall open on signal
from 7 p.m. to 6 a.m. From 6 a.m. to 7
p.m. the draw need only open on the
hour and half hour, except that:
(a) From 6 a.m. to 9 a.m. Monday
through Friday except federal holidays
the draw need only open on the hour;
and
(b) From 4 p.m. to 5:30 p.m. Monday
through Friday except federal holidays
the draw need not open.
Dated: June 7, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard,Commander,
Eighth Coast Guard District.
[FR Doc. 2018–12742 Filed 6–13–18; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0054; FRL–9979–
42—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Interstate Transport
Requirements for the 2012 Fine
Particulate Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. This revision pertains to
the infrastructure requirement for
interstate transport of pollution with
respect to the 2012 fine particulate
matter (PM2.5) national ambient air
quality standards (NAAQS). EPA is
approving this revision in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: Written comments must be
received on or before July 16, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2018–0054 at https://
www.regulations.gov, or via email to
spielberger.susan@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. 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
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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
SUMMARY:
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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Joseph Schulingkamp, (215) 814–2021,
or by email at schulingkamp.joseph@
epa.gov.
SUPPLEMENTARY INFORMATION: On July
15, 2014, the Commonwealth of
Pennsylvania submitted, through the
Department of Environmental Protection
(PADEP), a revision to its SIP to address
for the 2012 PM2.5 NAAQS the elements
of CAA section 110(a)(2) with the
exception of section 110(a)(2)(D)(i)(I).
EPA approved portions of that SIP
revision on May 8, 2015. See 80 FR
26461. In that action, EPA approved for
the 2012 PM2.5 NAAQS all elements
except for section 110(a)(2)(D)(i)(II)
(relating to the protection of visibility,
also known as prong 4), for which EPA
stated it would take later separate
action. Because the July 15, 2014 SIP
submittal did not address
110(a)(2)(D)(i)(I) for the 2012 PM2.5
NAAQS, EPA took no rulemaking action
addressing whether Pennsylvania had
addressed that specific element. EPA’s
previous approval on that July 15, 2014
submittal is not at issue in this proposed
rulemaking action and is mentioned
herein for background; EPA is not at this
time taking action on the remaining
section of PADEP’s July 15, 2014
submittal relating to visibility protection
for the 2012 PM2.5 NAAQS.
On October 11, 2017, the
Commonwealth of Pennsylvania,
through PADEP submitted a SIP
revision addressing the infrastructure
requirements under section
110(a)(2)(D)(i) of the CAA for the 2012
PM2.5 NAAQS.
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I. Background
A. General
Particle pollution is a complex
mixture of extremely small particles and
liquid droplets in the air. When inhaled,
these particles can reach the deepest
regions of the lungs. Exposure to
particle pollution is linked to a variety
of significant health problems. Particle
pollution also is the main cause of
visibility impairment in the nation’s
cities and national parks. PM2.5 can be
emitted directly into the atmosphere, or
they can form from chemical reactions
of precursor gases including sulfur
dioxide (SO2), nitrogen dioxide (NO2),
certain volatile organic compounds
(VOC), and ammonia. On January 15,
2013, EPA revised the level of the health
based (primary) annual PM2.5 standard
to 12 micrograms per cubic meter
(mg/m3). See 78 FR 3086.
B. EPA’s Infrastructure Requirements
Pursuant to section 110(a)(1) of the
CAA, states are required to submit a SIP
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revision to address the applicable
requirements of section 110(a)(2) within
three years after promulgation of a new
or revised NAAQS or within such
shorter period as EPA may prescribe.
Section 110(a)(2) requires states to
address basic SIP elements to assure
attainment and maintenance of the
NAAQS—such as requirements for
monitoring, basic program
requirements, and legal authority.
Section 110(a) imposes the obligation
upon states to make a SIP submission to
EPA for a new or revised NAAQS, but
the contents of that submission may
vary depending upon the facts and
circumstances of each NAAQS and what
is in each state’s existing SIP. In
particular, the data and analytical tools
available at the time the state develops
and submits the SIP revision for a new
or revised NAAQS affect the content of
the submission. The content of such SIP
submission may also vary depending
upon what provisions the state’s
existing SIP already contains.
Specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIP submissions.
Section 110(a)(2) lists specific elements
that states must meet for infrastructure
SIP requirements related to a newly
established or revised NAAQS such as
requirements for monitoring, basic
program requirements, and legal
authority that are designed to assure
attainment and maintenance of the
NAAQS.
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C. Interstate Pollution Transport
Requirements
Section 110(a)(2)(D)(i)(I) of the CAA
requires a state’s SIP to address any
emissions activity in one state that
contributes significantly to
nonattainment, or interferes with
maintenance, of the NAAQS in any
downwind state. The EPA sometimes
refers to these requirements as prong 1
(significant contribution to
nonattainment) and prong 2
(interference with maintenance), or
jointly as the ‘‘good neighbor’’ provision
of the CAA. Further information can be
found in the Technical Support
Document (TSD) for this rulemaking
action, which is available online at
www.regulations.gov, Docket number
EPA–R03–OAR–2018–0054.
statewide SO2 and NOX emissions
specifically from the electric generating
units (EGU) sector as EGUs are the
largest contributor to the point source
emissions. The emissions summary
shows that, for the years 2011 through
2015, emissions of all pollutants
presented have been steadily decreasing
or remained nearly steady for sources
that potentially contribute with respect
to the 2012 PM2.5 NAAQS to
nonattainment in, or interfere with
maintenance of, any other state. The
submittal also included annual PM2.5
design values (DVs) in Pennsylvania for
the ten most recent years of available
data (2006 through 2015).1
Pennsylvania also discussed EPA’s
March 17, 2016 memorandum (2016
PM2.5 Memorandum) and the fact that
EPA’s analysis showed that only one
monitor in the eastern United States had
projected PM2.5 data above the 12.0
mg/m3 NAAQS value (Allegheny
County, PA).2 Pennsylvania also
generally discussed the direction of
prevailing winds as being from west to
east and that, due to the sheer distance
of 2,000 to 3,000 miles, Pennsylvania
should not affect Idaho or California.
Additionally, Pennsylvania described
several existing SIP-approved measures
and other federally enforceable sourcespecific measures, pursuant to
permitting requirements under the CAA,
that apply to sources of PM2.5 and its
precursors within the Commonwealth.
Pennsylvania alleges with these
measures, emissions reductions,
ambient monitored PM2.5 data, and
meteorological data, the Commonwealth
does not significantly contribute to, or
interfere with the maintenance of,
another state for the 2012 PM2.5
NAAQS. A detailed summary of
Pennsylvania’s submittal and EPA’s
review and rationale for approval of this
SIP revision as meeting CAA section
110(a)(2)(D)(i)(I) for the 2012 PM2.5
NAAQS may be found in the TSD for
this rulemaking action, which is
available online at www.regulations.gov,
Docket number EPA–R03–OAR–2018–
0054.
EPA used the information in the 2016
PM2.5 Memorandum and additional
information for the evaluation and came
to the same conclusion as Pennsylvania.
As discussed in greater detail in the
II. Summary of SIP Revisions and EPA
Analysis
Pennsylvania’s October 11, 2017 SIP
submittal includes a summary of
statewide annual emissions of PM2.5,
coarse particulate matter (PM10), and
precursors of PM2.5 including oxides of
nitrogen (NOX), SO2, ammonia, and
VOCs. Pennsylvania also included
1 ‘‘Design value’’ means the ‘‘calculated
concentration according to the applicable appendix
of [40 CFR part 50] for the highest site in an
attainment or nonattainment area.’’ 40 CFR 58.1
(definitions).
2 ‘‘Information on the Interstate Transport ‘‘Good
Neighbor’’ Provision for the 2012 Fine Particulate
Matter National Ambient Air Quality Standards
under Clean Air Act Section 110(a)(2)(D)(i)(I),’’
memorandum from Stephan D. Page, Director, EPA
Office of Air Quality Planning and Standards.
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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Proposed Rules
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TSD, EPA identified the potential
downwind nonattainment and
maintenance receptors identified in the
2016 PM2.5 Memorandum, and then
evaluated them to determine if
Pennsylvania’s emissions could
potentially contribute to nonattainment
and maintenance problems in 2021, the
attainment year for moderate PM2.5
nonattainment areas for the 2012 PM2.5
NAAQS. Specifically, the EPA analysis
identified the following areas as
potential nonattainment and
maintenance receptors: (i) 17 potential
receptors in California; (ii) one potential
receptor in Shoshone County, Idaho;
(iii) data gaps exist for the monitors in
four counties in Florida; and (iv) data
gaps exist for all monitors in Illinois.
For the 17 receptors in California and
one potential receptor in Idaho, based
on EPA’s evaluation of distance and
wind direction, EPA proposes to
conclude that Pennsylvania’s emissions
do not significantly impact those
receptors. For the four counties in
Florida and the monitors in Illinois with
data gaps, EPA initially treats those
receptors as potential nonattainment or
maintenance receptors, but it is unlikely
that they will be nonattainment or
maintenance receptors in 2021 because
the most recent air quality data (from
2015–2017 for Florida and from 2015–
2016 for Illinois) indicates that all
monitors are likely attaining the PM2.5
NAAQS and are therefore unlikely to be
nonattainment or maintenance concerns
in 2021. Therefore, EPA proposes to
conclude that Pennsylvania emissions
will not contribute to any of those
receptors. For these reasons, EPA is
proposing to find that Pennsylvania’s
existing SIP provisions as identified in
the October 11, 2017 SIP submittal are
adequate to prevent its emission sources
from significantly contributing to
nonattainment or interfering with
maintenance in another state with
respect to the 2012 PM2.5 NAAQS.
III. Proposed Action
EPA is proposing to approve the
Pennsylvania SIP revision addressing
the interstate transport requirements for
the 2012 PM2.5 NAAQS in CAA section
110(a)(2)(D)(i)(I), which was submitted
on October 11, 2017. 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.
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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 proposed action:
• 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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 rule,
regarding Pennsylvania’s interstate
transport SIP for the 2012 PM2.5
NAAQS, 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.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 5, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018–12706 Filed 6–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0217; EPA–R03–
OAR–2014–0299; EPA–R03–OAR–2016–
0373; FRL–9979–39—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Regional Haze Plan and
Visibility Requirements for the 2010
Sulfur Dioxide and the 2012 Fine
Particulate Matter Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of West Virginia
(West Virginia) to change reliance on
the Clean Air Interstate Rule (CAIR) to
reliance on the Cross-State Air Pollution
Rule (CSAPR) with the purpose of
addressing certain regional haze
requirements and visibility protection
requirements for the 2010 sulfur dioxide
(SO2) national ambient air quality
standards (NAAQS). Upon EPA’s final
approval of this SIP revision, EPA is
proposing to convert the Agency’s June
7, 2012 limited approval/limited
disapproval of West Virginia’s regional
haze SIP to a full approval; and EPA is
proposing to remove the federal
implementation plan (FIP) for West
Virginia issued to address deficiencies
previously identified in the Agency’s
limited approval/limited disapproval of
the State’s regional haze SIP revision. In
addition, EPA is proposing to approve
the portions of two previous SIP
revisions submitted by West Virginia to
address visibility protection
requirements for the 2010 SO2 and the
2012 particulate matter (PM2.5) NAAQS.
These proposed actions are supported
by EPA’s recent final determination that
a state’s participation in CSAPR
continues to meet EPA’s regional haze
criteria to qualify as an alternative to the
application of best available retrofit
SUMMARY:
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Agencies
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Proposed Rules]
[Pages 27732-27734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12706]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0054; FRL-9979-42--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Interstate Transport Requirements for the 2012 Fine
Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania. This revision pertains to the
infrastructure requirement for interstate transport of pollution with
respect to the 2012 fine particulate matter (PM2.5) national
ambient air quality standards (NAAQS). EPA is approving this revision
in accordance with the requirements of the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 16, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0054 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. 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
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 https://www2.epa.gov/dockets/commenting-epa-dockets.
[[Page 27733]]
FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021,
or by email at [email protected].
SUPPLEMENTARY INFORMATION: On July 15, 2014, the Commonwealth of
Pennsylvania submitted, through the Department of Environmental
Protection (PADEP), a revision to its SIP to address for the 2012
PM2.5 NAAQS the elements of CAA section 110(a)(2) with the
exception of section 110(a)(2)(D)(i)(I). EPA approved portions of that
SIP revision on May 8, 2015. See 80 FR 26461. In that action, EPA
approved for the 2012 PM2.5 NAAQS all elements except for
section 110(a)(2)(D)(i)(II) (relating to the protection of visibility,
also known as prong 4), for which EPA stated it would take later
separate action. Because the July 15, 2014 SIP submittal did not
address 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS, EPA
took no rulemaking action addressing whether Pennsylvania had addressed
that specific element. EPA's previous approval on that July 15, 2014
submittal is not at issue in this proposed rulemaking action and is
mentioned herein for background; EPA is not at this time taking action
on the remaining section of PADEP's July 15, 2014 submittal relating to
visibility protection for the 2012 PM2.5 NAAQS.
On October 11, 2017, the Commonwealth of Pennsylvania, through
PADEP submitted a SIP revision addressing the infrastructure
requirements under section 110(a)(2)(D)(i) of the CAA for the 2012
PM2.5 NAAQS.
I. Background
A. General
Particle pollution is a complex mixture of extremely small
particles and liquid droplets in the air. When inhaled, these particles
can reach the deepest regions of the lungs. Exposure to particle
pollution is linked to a variety of significant health problems.
Particle pollution also is the main cause of visibility impairment in
the nation's cities and national parks. PM2.5 can be emitted
directly into the atmosphere, or they can form from chemical reactions
of precursor gases including sulfur dioxide (SO2), nitrogen
dioxide (NO2), certain volatile organic compounds (VOC), and
ammonia. On January 15, 2013, EPA revised the level of the health based
(primary) annual PM2.5 standard to 12 micrograms per cubic
meter ([micro]g/m\3\). See 78 FR 3086.
B. EPA's Infrastructure Requirements
Pursuant to section 110(a)(1) of the CAA, states are required to
submit a SIP revision to address the applicable requirements of section
110(a)(2) within three years after promulgation of a new or revised
NAAQS or within such shorter period as EPA may prescribe. Section
110(a)(2) requires states to address basic SIP elements to assure
attainment and maintenance of the NAAQS--such as requirements for
monitoring, basic program requirements, and legal authority. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances of each NAAQS and what
is in each state's existing SIP. In particular, the data and analytical
tools available at the time the state develops and submits the SIP
revision for a new or revised NAAQS affect the content of the
submission. The content of such SIP submission may also vary depending
upon what provisions the state's existing SIP already contains.
Specifically, section 110(a)(1) provides the procedural and timing
requirements for SIP submissions. Section 110(a)(2) lists specific
elements that states must meet for infrastructure SIP requirements
related to a newly established or revised NAAQS such as requirements
for monitoring, basic program requirements, and legal authority that
are designed to assure attainment and maintenance of the NAAQS.
C. Interstate Pollution Transport Requirements
Section 110(a)(2)(D)(i)(I) of the CAA requires a state's SIP to
address any emissions activity in one state that contributes
significantly to nonattainment, or interferes with maintenance, of the
NAAQS in any downwind state. The EPA sometimes refers to these
requirements as prong 1 (significant contribution to nonattainment) and
prong 2 (interference with maintenance), or jointly as the ``good
neighbor'' provision of the CAA. Further information can be found in
the Technical Support Document (TSD) for this rulemaking action, which
is available online at www.regulations.gov, Docket number EPA-R03-OAR-
2018-0054.
II. Summary of SIP Revisions and EPA Analysis
Pennsylvania's October 11, 2017 SIP submittal includes a summary of
statewide annual emissions of PM2.5, coarse particulate
matter (PM10), and precursors of PM2.5 including
oxides of nitrogen (NOX), SO2, ammonia, and VOCs.
Pennsylvania also included statewide SO2 and NOX
emissions specifically from the electric generating units (EGU) sector
as EGUs are the largest contributor to the point source emissions. The
emissions summary shows that, for the years 2011 through 2015,
emissions of all pollutants presented have been steadily decreasing or
remained nearly steady for sources that potentially contribute with
respect to the 2012 PM2.5 NAAQS to nonattainment in, or
interfere with maintenance of, any other state. The submittal also
included annual PM2.5 design values (DVs) in Pennsylvania
for the ten most recent years of available data (2006 through 2015).\1\
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\1\ ``Design value'' means the ``calculated concentration
according to the applicable appendix of [40 CFR part 50] for the
highest site in an attainment or nonattainment area.'' 40 CFR 58.1
(definitions).
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Pennsylvania also discussed EPA's March 17, 2016 memorandum (2016
PM2.5 Memorandum) and the fact that EPA's analysis showed
that only one monitor in the eastern United States had projected
PM2.5 data above the 12.0 [micro]g/m\3\ NAAQS value
(Allegheny County, PA).\2\ Pennsylvania also generally discussed the
direction of prevailing winds as being from west to east and that, due
to the sheer distance of 2,000 to 3,000 miles, Pennsylvania should not
affect Idaho or California. Additionally, Pennsylvania described
several existing SIP-approved measures and other federally enforceable
source-specific measures, pursuant to permitting requirements under the
CAA, that apply to sources of PM2.5 and its precursors
within the Commonwealth. Pennsylvania alleges with these measures,
emissions reductions, ambient monitored PM2.5 data, and
meteorological data, the Commonwealth does not significantly contribute
to, or interfere with the maintenance of, another state for the 2012
PM2.5 NAAQS. A detailed summary of Pennsylvania's submittal
and EPA's review and rationale for approval of this SIP revision as
meeting CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5
NAAQS may be found in the TSD for this rulemaking action, which is
available online at www.regulations.gov, Docket number EPA-R03-OAR-
2018-0054.
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\2\ ``Information on the Interstate Transport ``Good Neighbor''
Provision for the 2012 Fine Particulate Matter National Ambient Air
Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),''
memorandum from Stephan D. Page, Director, EPA Office of Air Quality
Planning and Standards.
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EPA used the information in the 2016 PM2.5 Memorandum
and additional information for the evaluation and came to the same
conclusion as Pennsylvania. As discussed in greater detail in the
[[Page 27734]]
TSD, EPA identified the potential downwind nonattainment and
maintenance receptors identified in the 2016 PM2.5
Memorandum, and then evaluated them to determine if Pennsylvania's
emissions could potentially contribute to nonattainment and maintenance
problems in 2021, the attainment year for moderate PM2.5
nonattainment areas for the 2012 PM2.5 NAAQS. Specifically,
the EPA analysis identified the following areas as potential
nonattainment and maintenance receptors: (i) 17 potential receptors in
California; (ii) one potential receptor in Shoshone County, Idaho;
(iii) data gaps exist for the monitors in four counties in Florida; and
(iv) data gaps exist for all monitors in Illinois. For the 17 receptors
in California and one potential receptor in Idaho, based on EPA's
evaluation of distance and wind direction, EPA proposes to conclude
that Pennsylvania's emissions do not significantly impact those
receptors. For the four counties in Florida and the monitors in
Illinois with data gaps, EPA initially treats those receptors as
potential nonattainment or maintenance receptors, but it is unlikely
that they will be nonattainment or maintenance receptors in 2021
because the most recent air quality data (from 2015-2017 for Florida
and from 2015-2016 for Illinois) indicates that all monitors are likely
attaining the PM2.5 NAAQS and are therefore unlikely to be
nonattainment or maintenance concerns in 2021. Therefore, EPA proposes
to conclude that Pennsylvania emissions will not contribute to any of
those receptors. For these reasons, EPA is proposing to find that
Pennsylvania's existing SIP provisions as identified in the October 11,
2017 SIP submittal are adequate to prevent its emission sources from
significantly contributing to nonattainment or interfering with
maintenance in another state with respect to the 2012 PM2.5
NAAQS.
III. Proposed Action
EPA is proposing to approve the Pennsylvania SIP revision
addressing the interstate transport requirements for the 2012
PM2.5 NAAQS in CAA section 110(a)(2)(D)(i)(I), which was
submitted on October 11, 2017. 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 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:
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 rule, regarding Pennsylvania's
interstate transport SIP for the 2012 PM2.5 NAAQS, 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, Particulate matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 5, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-12706 Filed 6-13-18; 8:45 am]
BILLING CODE 6560-50-P