Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Base Year Emissions Inventories for the Lebanon and Delaware County Nonattainment Areas for the 2012 Annual Fine Particulate Matter National Ambient Air Quality Standard, 31064-31067 [2018-14199]
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Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
zone lasting only four and a half hours
on one day that will prohibit entry
within a one-mile stretch of the Gulf
Intracoastal Waterway. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0514 to read as
follows:
■
sradovich on DSK3GMQ082PROD with RULES
§ 165.T08–0514 Safety Zone; Gulf
Intracoastal Waterway, Lafitte, LA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Gulf Intracoastal Waterway, from mile
markers (MMs) 12 to 13 west of the
Harvey Locks, Lafitte, LA.
(b) Effective period. This section is
effective from 11:30 a.m. through 4 p.m.
on July 21, 2018.
(c) Enforcement periods. This section
will be enforced during the effective
period. However, breaks in the racing
may occur during the enforcement
periods, which will allow for vessels to
pass through the safety zone. The
Captain of the Port Sector New Orleans
(COTP) or a designated representative
will provide notice of breaks as
appropriate under (e) Informational
broadcasts.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into this zone is prohibited unless
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authorized by the COTP or designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector New
Orleans. They may be contacted on
VHF–FM Channel 16 or 67 or by
telephone at (504) 365–2200. A
designated representative may be a
Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Patrol Commander may be
contacted on Channel 16 VHF–FM
(156.8 MHz) by the call sign
‘‘PATCOM’’.
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP or a
designated representative to patrol the
regulated area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the Patrol
Commander and when so directed by
that officer will be operated at a
minimum safe navigation speed in a
manner which will not endanger
participants in the regulated area or any
other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(6) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(7) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
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time it is deemed necessary for the
protection of life or property.
(8) The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: June 27, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2018–14244 Filed 7–2–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0423; FRL–9980–
30—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Base Year Emissions
Inventories for the Lebanon and
Delaware County Nonattainment Areas
for the 2012 Annual Fine Particulate
Matter National Ambient Air Quality
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving two state
implementation plan (SIP) revisions
submitted by the Commonwealth of
Pennsylvania. These revisions pertain to
base year emission inventories for the
Lebanon County and Delaware County
nonattainment areas for the 2012 annual
fine particulate national ambient air
quality standard (NAAQS). The Clean
Air Act (CAA) requires states to submit
a comprehensive, accurate and current
inventory of actual emissions from all
sources of direct and secondary ambient
fine particulate matter less than 2.5
microns in diameter (PM2.5) for all PM2.5
nonattainment areas. EPA is approving
these revisions in accordance with the
requirements under Title I of the CAA.
DATES: This final rule is effective on
August 2, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
SUMMARY:
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Number EPA–R03–OAR–2017–0423. All
documents in the docket are listed on
the https://www.regulations.gov 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 https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, (215) 814–2176, or by email
at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Ambient air contains a variety of
pollutants, including particulate matter
(PM). Airborne PM can be comprised of
either solid or liquid particles, or a
complex mixture of particles in both
solid and liquid form. The most
common airborne PM constituents
include sulfate (SO4); nitrate (NO3);
ammonium; elemental carbon; organic
mass; and inorganic material, referred to
as ‘‘crustal’’ material, which can include
metals, dust, soil and other trace
elements. PM2.5 includes ‘‘primary’’
particles, which are directly emitted
into the air by a variety of sources, and
‘‘secondary’’ particles, that are formed
in the atmosphere as a result of
reactions between precursor pollutants.
Human health effects associated with
long- or short-term exposure to PM2.5
include premature mortality,
aggravation of respiratory and
cardiovascular disease (as indicated by
increased hospital admissions and
emergency room visits) and
development of chronic respiratory
disease.
On December 14, 2012, EPA revised
the primary annual PM2.5 NAAQS to
provide increased protection of public
health from fine particle pollution (the
2012 annual PM2.5 NAAQS). 78 FR 3086
(January 15, 2013). In that action, EPA
strengthened the primary annual PM2.5
standard, lowering the level from 15.0
micrograms per cubic meter (mg/m3) to
12.0 mg/m3. The 2012 annual PM2.5
NAAQS is attained when the 3-year
average of the annual arithmetic mean
monitored values does not exceed 12.0
mg/m3. See 40 CFR 50.18.
On January 15, 2015 (80 FR 2206),
EPA published area designations, as
required by CAA section 107(d)(1), for
the 2012 annual PM2.5 NAAQS. Therein,
EPA identified as ‘‘nonattainment’’
areas that were then violating the 2012
annual PM2.5 NAAQS based on qualityassured, certified air quality monitoring
data from 2011 to 2013 or that
contributed to a violation of the NAAQS
in a nearby area. EPA designated the
Delaware County and Lebanon County
nonattainment areas as moderate
nonattainment for the 2012 annual
PM2.5 NAAQS, effective April 15, 2015.
See 40 CFR 81.339.
Under section 172(c)(3) of the CAA,
Pennsylvania is required to submit a
comprehensive, accurate, and current
inventory of actual emissions from all
sources (point, nonpoint, nonroad, and
onroad) of the relevant pollutants, in
each nonattainment area. EPA’s
‘‘Provisions for Implementation of the
PM2.5 NAAQS’’ (or PM implementation
rule), at 40 CFR part 51, subpart Z, sets
criteria for which pollutants are to be
included by states in the required base
year emission inventory. This PM
inventory must include direct PM2.5
emissions, separately reported PM2.5
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filterable and condensable emissions,
and emissions of the PM2.5 precursors.
40 CFR 51.1008.
II. Summary of SIP Revision and EPA
Analysis
On May 5, 2017, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted a formal SIP
revision consisting of the 2011 base year
emissions inventory for the Delaware
County nonattainment area for the 2012
annual PM2.5 NAAQS. On September
25, 2017, PADEP submitted to EPA a
formal revision consisting of the 2011
base year emission inventory for the
Lebanon County nonattainment area for
the 2012 annual PM2.5 NAAQS.
The base year emissions inventories
prepared by PADEP use 2011 as the base
year for planning purposes. They
include direct PM2.5 emissions, as well
as PM2.5 filterable and condensable
emissions, and emissions of the
scientific PM2.5 precursors. PADEP
reported actual annual emissions of
directly-emitted PM2.5 emissions (PM2.5
PRI), as well as separately reported
PM2.5 filterable and condensable
particulate matter (PM CON) emissions.
PM CON is matter that exists as a vapor
at stack conditions, but becomes a solid
or liquid upon exit of the stack.
PADEP’s base year inventories for these
areas also include directly-emitted,
primary particulate matter less than 10
microns in diameter (PM10 PRI),
emissions precursors that contribute to
secondary formation of PM2.5, including
sulfur dioxides (SO2), nitrogen oxides
(NOX), volatile organic compounds
(VOC), and ammonia (NH3) emissions.
Table 1 summarizes the 2011
emission inventory by source sector for
each pollutant or pollutant precursor for
the Delaware County 2012 annual PM2.5
nonattainment area, expressed as annual
emissions in tons per year (tpy).
TABLE 1—SUMMARY OF 2011 EMISSIONS OF PM2.5, PM10, AND PM2.5 PRECURSORS FOR THE DELAWARE COUNTY 2012
ANNUAL PM2.5 NAAQS NONATTAINMENT AREA
Annual emissions (tpy)
Source sector
PM10
Primary 1
PM2.5
Primary 2
SO2
NOX
VOC
NH3
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Stationary Point Sources 3 .......................
Area Sources 4 .........................................
Onroad Mobile Sources 5 .........................
Nonroad Mobile Sources .........................
1,671.81
2,502.73
328.61
128.87
1,496.70
998.82
179.01
121.78
4,975.94
2,055.13
31.05
3.498
7,641.98
2,875.85
5,643.30
1,123.96
1,393.18
6,779.07
2,999.73
1,787.97
217.50
206.47
130.41
1.759
Total Emissions ................................
4,632.02
2,796.30
7,065.62
17,285.08
12,959.95
556.14
1 Primary
PM particles are emitted directly to the air from a source and include both filterable particulate and condensable components. Condensable PM (PM CON) exists as a vapor at stack conditions but exists as a solid or liquid once it exits the stack and is cooled by ambient air.
All PM CON is smaller than 2.5 microns in diameter and, therefore, represents condensable matter for both PM10 and PM2.5. PM10 Primary is
the sum of filterable PM10 (PM10 FIL) and PM CON.
2 PM
2.5 Primary is the sum of filterable PM2.5 and PM CON.
3 The PM
10 Primary value for stationary point sources includes a condensable component of 656.39 tpy. Because PM10 includes PM2.5 by definition, the PM2.5 Primary value for stationary point sources includes the same condensable component of 656.39 tpy.
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4 PM
10 Primary includes PM10 FIL and PM CON. PM2.5 Primary includes PM2.5 FIL and PM CON. Condensable emissions for the area source
sector are a subset of PM Primary emissions, or 164.93 tpy.
5 Condensable emissions for the onroad and nonroad sectors are not separately calculated by the MOVES model, and are therefore included
within the PM10 Primary and PM2.5 Primary values of this table.
Table 2 summarizes the 2011
emission inventory by source sector for
each pollutant or pollutant precursor for
the Lebanon County 2012 annual PM2.5
nonattainment area, expressed as annual
emissions in tons per year.
TABLE 2—SUMMARY OF 2011 EMISSIONS OF PM2.5, PM10, AND PM2.5 PRECURSORS FOR THE LEBANON COUNTY 2012
ANNUAL PM2.5 NAAQS NONATTAINMENT AREA
Annual emissions (tpy)
Source sector
PM10
Primary 1
PM2.5
Primary 2
SO2
NOX
VOC
NH3
Stationary Point Sources 3 .......................
Area Sources 4 .........................................
Onroad Mobile Sources 5 .........................
Nonroad Mobile Sources .........................
136.64
4,462.63
140.23
64.48
80.68
1,287.21
92.50
61.55
278.53
373.62
11.21
1.684
690.30
869.09
2,937.04
615.91
182.37
5,924.16
1,331.72
668.43
17.44
3,843.03
49.15
0.751
Total Emissions ................................
4,803.98
1,521.94
665.05
5,112.33
8,106.69
3,910.37
1 Primary
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PM particles are emitted directly to the air from a source and include both filterable particulate and condensable components. PM10
Primary is the sum of filterable PM10 FIL and PM CON.
2 PM
2.5 Primary is the sum of filterable PM2.5 and PM CON.
3 The PM
10 Primary value for stationary point sources includes a condensable component of 48.04 tpy. Because PM10 includes PM2.5 by definition, the PM2.5 Primary value for stationary point sources includes the same condensable component of 48.04 tpy.
4 PM
10 Primary includes PM10 FIL and PM CON. PM2.5 Primary includes PM2.5 FIL and PM CON. Condensable emissions for the area source
sector are a subset of PM Primary emissions, or 38.88 tpy.
5 Condensable emissions for the onroad and nonroad sectors are not separately calculated by the MOVES model, and are therefore included
within the PM10 Primary and PM2.5 Primary values of this table.
Stationary point sources are large,
stationary, and identifiable sources of
emissions that release pollutants into
the atmosphere. PADEP extracted data
for PM2.5 source emissions from the
2011 NEI v2, which receives input from
each state’s annual inventory estimates.
Area sources are stationary, nonpoint
sources that are too small and numerous
to be inventoried individually. Area
sources are inventoried at the county
level and aggregated with like
categories. They are typically estimated
through use of emission factors
combined with activity factor estimates
for each source category, adjusted to
reflect emission control efficiency,
emission control rule effectiveness, and
rule penetration.
Onroad sources of emissions include
motor vehicles operated on public
roadways. PADEP estimates onroad
emissions using EPA’s Motor Vehicle
Emission Simulator (MOVES) model,
version MOVES2014, coupled with
vehicle miles of travel activity levels
generated by PADEP or local
transportation authorities.
Nonroad sources are mobile, internal
combustion powered emission sources
other than highway motor vehicles.
Examples include lawn and garden
equipment, recreational vehicles,
construction and agricultural
equipment, and industrial equipment.
Nonroad mobile source emissions from
different source categories are
calculated using various methodologies,
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primarily by use of EPA’s MOVES
NONROAD emissions model or from
EPA’s National Mobile Inventory Model
(NMIM).
EPA reviewed Pennsylvania’s 2011
base year emission inventory
submissions including results,
procedures, and methodologies for the
Delaware County and Lebanon County
nonattainment areas and found them to
be acceptable and approvable under
sections 110 and 172(c)(3) of the CAA.
EPA prepared a Technical Support
Document (TSD) for each of the
Delaware County and Lebanon County
nonattainment areas in support of this
rulemaking. The TSDs are available in
the docket for this action, online at
https://www.regulations.gov, Docket ID
No. EPA–R03–OAR–2017–0423.
On May 3, 2018 (83 FR 19476), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania,
proposing approval of both the
Delaware and Lebanon County 2011
base year emission inventory SIP
revisions for the 2012 annual PM2.5
NAAQS. The rationale for EPA’s
proposed action is explained in the NPR
and will not be restated here. EPA
received three comments on our May 3,
2018 NPR proposing to approve
Pennsylvania’s May 5, 2017 and
September 25, 2017 SIP submittals. All
comments received were not specific to
this action, and thus are not addressed
here.
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III. Final Action
EPA is approving Pennsylvania’s May
5, 2017 and September 25, 2017 SIP
revisions, which are base year emission
inventories for the Delaware County and
Lebanon County 2012 PM2.5 NAAQS, as
revisions to the Pennsylvania SIP as the
revisions are in accordance with
requirements in CAA section 110
generally and section 172(c)(3)
specifically.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• 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
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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 rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 4, 2018. 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 to
approve base year emission inventories
for the Delaware and Lebanon County
nonattainment areas for the 2012 annual
PM2.5 NAAQS may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 19, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding two entries
entitled ‘‘2011 Base Year Emissions
Inventory for the 2012 Annual Fine
Particulate (PM2.5) National Ambient
Air Quality Standard’’ ‘‘Delaware
County 2012 PM2.5 nonattainment area’’
and ‘‘2011 Base Year Emissions
Inventory for the 2012 Annual Fine
Particulate (PM2.5) National Ambient
Air Quality Standard’’ ‘‘Lebanon County
2012 PM2.5 nonattainment area’’ at the
end of the table to read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
*
*
(1) EPA-APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL
Name of non-regulatory SIP revision
*
*
*
2011 Base Year Emissions Inventory for the 2012
Annual Fine Particulate (PM2.5) National Ambient
Air Quality Standard.
2011 Base Year Emissions Inventory for the 2012
Annual Fine Particulate (PM2.5) National Ambient
Air Quality Standard.
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*
*
*
*
Applicable geographic
area
*
Delaware County 2012
PM2.5 nonattainment
area.
Lebanon County 2012
PM2.5 nonattainment
area.
State submittal
date
EPA approval date
*
5/5/2017
*
7/3/2018, [Insert Federal
Register citation].
9/25/2017
7/3/2018, [Insert Federal
Register citation].
*
[FR Doc. 2018–14199 Filed 7–2–18; 8:45 am]
BILLING CODE 6560–50–P
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Additional
explanation
*
]]>Agencies
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31064-31067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14199]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0423; FRL-9980-30--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Base Year Emissions Inventories for the Lebanon and
Delaware County Nonattainment Areas for the 2012 Annual Fine
Particulate Matter National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving two
state implementation plan (SIP) revisions submitted by the Commonwealth
of Pennsylvania. These revisions pertain to base year emission
inventories for the Lebanon County and Delaware County nonattainment
areas for the 2012 annual fine particulate national ambient air quality
standard (NAAQS). The Clean Air Act (CAA) requires states to submit a
comprehensive, accurate and current inventory of actual emissions from
all sources of direct and secondary ambient fine particulate matter
less than 2.5 microns in diameter (PM2.5) for all
PM2.5 nonattainment areas. EPA is approving these revisions
in accordance with the requirements under Title I of the CAA.
DATES: This final rule is effective on August 2, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
[[Page 31065]]
Number EPA-R03-OAR-2017-0423. All documents in the docket are listed on
the https://www.regulations.gov 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
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Ambient air contains a variety of pollutants, including particulate
matter (PM). Airborne PM can be comprised of either solid or liquid
particles, or a complex mixture of particles in both solid and liquid
form. The most common airborne PM constituents include sulfate (SO4);
nitrate (NO3); ammonium; elemental carbon; organic mass; and inorganic
material, referred to as ``crustal'' material, which can include
metals, dust, soil and other trace elements. PM2.5 includes
``primary'' particles, which are directly emitted into the air by a
variety of sources, and ``secondary'' particles, that are formed in the
atmosphere as a result of reactions between precursor pollutants.
Human health effects associated with long- or short-term exposure
to PM2.5 include premature mortality, aggravation of
respiratory and cardiovascular disease (as indicated by increased
hospital admissions and emergency room visits) and development of
chronic respiratory disease.
On December 14, 2012, EPA revised the primary annual
PM2.5 NAAQS to provide increased protection of public health
from fine particle pollution (the 2012 annual PM2.5 NAAQS).
78 FR 3086 (January 15, 2013). In that action, EPA strengthened the
primary annual PM2.5 standard, lowering the level from 15.0
micrograms per cubic meter ([mu]g/m3) to 12.0 mg/
m3. The 2012 annual PM2.5 NAAQS is attained when
the 3-year average of the annual arithmetic mean monitored values does
not exceed 12.0 mg/m3. See 40 CFR 50.18.
On January 15, 2015 (80 FR 2206), EPA published area designations,
as required by CAA section 107(d)(1), for the 2012 annual
PM2.5 NAAQS. Therein, EPA identified as ``nonattainment''
areas that were then violating the 2012 annual PM2.5 NAAQS
based on quality-assured, certified air quality monitoring data from
2011 to 2013 or that contributed to a violation of the NAAQS in a
nearby area. EPA designated the Delaware County and Lebanon County
nonattainment areas as moderate nonattainment for the 2012 annual
PM2.5 NAAQS, effective April 15, 2015. See 40 CFR 81.339.
Under section 172(c)(3) of the CAA, Pennsylvania is required to
submit a comprehensive, accurate, and current inventory of actual
emissions from all sources (point, nonpoint, nonroad, and onroad) of
the relevant pollutants, in each nonattainment area. EPA's ``Provisions
for Implementation of the PM2.5 NAAQS'' (or PM
implementation rule), at 40 CFR part 51, subpart Z, sets criteria for
which pollutants are to be included by states in the required base year
emission inventory. This PM inventory must include direct
PM2.5 emissions, separately reported PM2.5
filterable and condensable emissions, and emissions of the
PM2.5 precursors. 40 CFR 51.1008.
II. Summary of SIP Revision and EPA Analysis
On May 5, 2017, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a formal SIP revision consisting of the
2011 base year emissions inventory for the Delaware County
nonattainment area for the 2012 annual PM2.5 NAAQS. On
September 25, 2017, PADEP submitted to EPA a formal revision consisting
of the 2011 base year emission inventory for the Lebanon County
nonattainment area for the 2012 annual PM2.5 NAAQS.
The base year emissions inventories prepared by PADEP use 2011 as
the base year for planning purposes. They include direct
PM2.5 emissions, as well as PM2.5 filterable and
condensable emissions, and emissions of the scientific PM2.5
precursors. PADEP reported actual annual emissions of directly-emitted
PM2.5 emissions (PM2.5 PRI), as well as
separately reported PM2.5 filterable and condensable
particulate matter (PM CON) emissions. PM CON is matter that exists as
a vapor at stack conditions, but becomes a solid or liquid upon exit of
the stack. PADEP's base year inventories for these areas also include
directly-emitted, primary particulate matter less than 10 microns in
diameter (PM10 PRI), emissions precursors that contribute to
secondary formation of PM2.5, including sulfur dioxides
(SO2), nitrogen oxides (NOX), volatile organic
compounds (VOC), and ammonia (NH3) emissions.
Table 1 summarizes the 2011 emission inventory by source sector for
each pollutant or pollutant precursor for the Delaware County 2012
annual PM2.5 nonattainment area, expressed as annual
emissions in tons per year (tpy).
Table 1--Summary of 2011 Emissions of PM2.5, PM10, and PM2.5 Precursors for the Delaware County 2012 Annual PM2.5 NAAQS Nonattainment Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual emissions (tpy)
-----------------------------------------------------------------------------------------------
Source sector PM10 Primary PM2.5 Primary
\1\ \2\ SO2 NOX VOC NH3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stationary Point Sources \3\............................ 1,671.81 1,496.70 4,975.94 7,641.98 1,393.18 217.50
Area Sources \4\........................................ 2,502.73 998.82 2,055.13 2,875.85 6,779.07 206.47
Onroad Mobile Sources \5\............................... 328.61 179.01 31.05 5,643.30 2,999.73 130.41
Nonroad Mobile Sources.................................. 128.87 121.78 3.498 1,123.96 1,787.97 1.759
-----------------------------------------------------------------------------------------------
Total Emissions..................................... 4,632.02 2,796.30 7,065.62 17,285.08 12,959.95 556.14
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Primary PM particles are emitted directly to the air from a source and include both filterable particulate and condensable components. Condensable
PM (PM CON) exists as a vapor at stack conditions but exists as a solid or liquid once it exits the stack and is cooled by ambient air. All PM CON is
smaller than 2.5 microns in diameter and, therefore, represents condensable matter for both PM10 and PM2.5. PM10 Primary is the sum of filterable PM10
(PM10 FIL) and PM CON.
\2\ PM2.5 Primary is the sum of filterable PM2.5 and PM CON.
\3\ The PM10 Primary value for stationary point sources includes a condensable component of 656.39 tpy. Because PM10 includes PM2.5 by definition, the
PM2.5 Primary value for stationary point sources includes the same condensable component of 656.39 tpy.
[[Page 31066]]
\4\ PM10 Primary includes PM10 FIL and PM CON. PM2.5 Primary includes PM2.5 FIL and PM CON. Condensable emissions for the area source sector are a
subset of PM Primary emissions, or 164.93 tpy.
\5\ Condensable emissions for the onroad and nonroad sectors are not separately calculated by the MOVES model, and are therefore included within the
PM10 Primary and PM2.5 Primary values of this table.
Table 2 summarizes the 2011 emission inventory by source sector for
each pollutant or pollutant precursor for the Lebanon County 2012
annual PM2.5 nonattainment area, expressed as annual
emissions in tons per year.
Table 2--Summary of 2011 Emissions of PM2.5, PM10, and PM2.5 Precursors for the Lebanon County 2012 Annual PM2.5 NAAQS Nonattainment Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual emissions (tpy)
-----------------------------------------------------------------------------------------------
Source sector PM10 Primary PM2.5 Primary
\1\ \2\ SO2 NOX VOC NH3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stationary Point Sources \3\............................ 136.64 80.68 278.53 690.30 182.37 17.44
Area Sources \4\........................................ 4,462.63 1,287.21 373.62 869.09 5,924.16 3,843.03
Onroad Mobile Sources \5\............................... 140.23 92.50 11.21 2,937.04 1,331.72 49.15
Nonroad Mobile Sources.................................. 64.48 61.55 1.684 615.91 668.43 0.751
-----------------------------------------------------------------------------------------------
Total Emissions..................................... 4,803.98 1,521.94 665.05 5,112.33 8,106.69 3,910.37
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Primary PM particles are emitted directly to the air from a source and include both filterable particulate and condensable components. PM10 Primary
is the sum of filterable PM10 FIL and PM CON.
\2\ PM2.5 Primary is the sum of filterable PM2.5 and PM CON.
\3\ The PM10 Primary value for stationary point sources includes a condensable component of 48.04 tpy. Because PM10 includes PM2.5 by definition, the
PM2.5 Primary value for stationary point sources includes the same condensable component of 48.04 tpy.
\4\ PM10 Primary includes PM10 FIL and PM CON. PM2.5 Primary includes PM2.5 FIL and PM CON. Condensable emissions for the area source sector are a
subset of PM Primary emissions, or 38.88 tpy.
\5\ Condensable emissions for the onroad and nonroad sectors are not separately calculated by the MOVES model, and are therefore included within the
PM10 Primary and PM2.5 Primary values of this table.
Stationary point sources are large, stationary, and identifiable
sources of emissions that release pollutants into the atmosphere. PADEP
extracted data for PM2.5 source emissions from the 2011 NEI
v2, which receives input from each state's annual inventory estimates.
Area sources are stationary, nonpoint sources that are too small
and numerous to be inventoried individually. Area sources are
inventoried at the county level and aggregated with like categories.
They are typically estimated through use of emission factors combined
with activity factor estimates for each source category, adjusted to
reflect emission control efficiency, emission control rule
effectiveness, and rule penetration.
Onroad sources of emissions include motor vehicles operated on
public roadways. PADEP estimates onroad emissions using EPA's Motor
Vehicle Emission Simulator (MOVES) model, version MOVES2014, coupled
with vehicle miles of travel activity levels generated by PADEP or
local transportation authorities.
Nonroad sources are mobile, internal combustion powered emission
sources other than highway motor vehicles. Examples include lawn and
garden equipment, recreational vehicles, construction and agricultural
equipment, and industrial equipment. Nonroad mobile source emissions
from different source categories are calculated using various
methodologies, primarily by use of EPA's MOVES NONROAD emissions model
or from EPA's National Mobile Inventory Model (NMIM).
EPA reviewed Pennsylvania's 2011 base year emission inventory
submissions including results, procedures, and methodologies for the
Delaware County and Lebanon County nonattainment areas and found them
to be acceptable and approvable under sections 110 and 172(c)(3) of the
CAA. EPA prepared a Technical Support Document (TSD) for each of the
Delaware County and Lebanon County nonattainment areas in support of
this rulemaking. The TSDs are available in the docket for this action,
online at https://www.regulations.gov, Docket ID No. EPA-R03-OAR-2017-
0423.
On May 3, 2018 (83 FR 19476), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania, proposing
approval of both the Delaware and Lebanon County 2011 base year
emission inventory SIP revisions for the 2012 annual PM2.5
NAAQS. The rationale for EPA's proposed action is explained in the NPR
and will not be restated here. EPA received three comments on our May
3, 2018 NPR proposing to approve Pennsylvania's May 5, 2017 and
September 25, 2017 SIP submittals. All comments received were not
specific to this action, and thus are not addressed here.
III. Final Action
EPA is approving Pennsylvania's May 5, 2017 and September 25, 2017
SIP revisions, which are base year emission inventories for the
Delaware County and Lebanon County 2012 PM2.5 NAAQS, as
revisions to the Pennsylvania SIP as the revisions are in accordance
with requirements in CAA section 110 generally and section 172(c)(3)
specifically.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
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
[[Page 31067]]
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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 4, 2018. 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 to approve base year emission inventories for the
Delaware and Lebanon County nonattainment areas for the 2012 annual
PM2.5 NAAQS may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: June 19, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended 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
two entries entitled ``2011 Base Year Emissions Inventory for the 2012
Annual Fine Particulate (PM2.5) National Ambient Air Quality
Standard'' ``Delaware County 2012 PM2.5 nonattainment area''
and ``2011 Base Year Emissions Inventory for the 2012 Annual Fine
Particulate (PM2.5) National Ambient Air Quality Standard''
``Lebanon County 2012 PM2.5 nonattainment area'' at the end
of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) EPA-Approved Nonregulatory and Quasi-Regulatory Material
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2011 Base Year Emissions Delaware County 5/5/2017 7/3/2018, [Insert
Inventory for the 2012 Annual 2012 PM2.5 Federal Register
Fine Particulate (PM2.5) nonattainment area. citation].
National Ambient Air Quality
Standard.
2011 Base Year Emissions Lebanon County 2012 9/25/2017 7/3/2018, [Insert
Inventory for the 2012 Annual PM2.5 Federal Register
Fine Particulate (PM2.5) nonattainment area. citation].
National Ambient Air Quality
Standard.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-14199 Filed 7-2-18; 8:45 am]
BILLING CODE 6560-50-P
