Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard, 50851-50854 [2018-21665]
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50851
Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations
Dated: September 25, 2018.
James Payne,
Acting Regional Administrator, Region 5.
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,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1220, the table in paragraph
(e) is amended by revising the entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2012 fine
particulate matter (PM2.5) NAAQS’’ to
read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1220
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1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
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(e) * * *
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EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
Name of nonregulatory SIP provision
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Section 110(a)(2) Infrastructure Requirements for the 2012 fine particulate matter (PM2.5) NAAQS.
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Statewide ..........
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0054; FRL–9984–99–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Interstate Transport
Requirements for the 2012 Fine
Particulate Matter Standard
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Comments
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10/10/2018, [Insert
Federal Register
citation].
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Fully approved for all CAA elements
except the visibility protection requirements of (D)(i)(II).
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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.
Joseph Schulingkamp, (215) 814–2021,
or by email at schulingkamp.joseph@
epa.gov.
The Environmental Protection
Agency (EPA) is approving 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: This final rule is effective on
November 9, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0054. All
documents in the docket are listed on
SUMMARY:
EPA approved date
FOR FURTHER INFORMATION CONTACT:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
16:31 Oct 09, 2018
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6/12/2014, 5/26/
2016 and 1/23/
2017.
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[FR Doc. 2018–21875 Filed 10–9–18; 8:45 am]
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State
submittal
date/
effective
date
Applicable
geographic or
nonattainment
area
SUPPLEMENTARY INFORMATION:
I. Background
On June 14, 2018 (83 FR 27732), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. In the
NPR, EPA proposed approval of the
Pennsylvania SIP revision addressing
the interstate transport requirements for
the 2012 PM2.5 NAAQS in CAA section
110(a)(2)(D)(i)(I) submitted on October
11, 2017. For more information on
particulate pollution, EPA’s
infrastructure requirements, and
interstate transport requirements, see
Section I of the NPR.
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II. Summary of SIP Revision 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), sulfur dioxide (SO2),
ammonia, and volatile organic
compounds (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 to
nonattainment in, or interfere with
maintenance of the 2012 PM2.5 NAAQS
in any other state. The submittal also
included currently available air quality
monitoring data for PM2.5.
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
micrograms per cubic meter (mg/m3)
NAAQS value (Allegheny County, PA).1
Pennsylvania also generally discussed
prevailing wind directions and several
1 ‘‘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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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 that 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.
EPA used the information in the 2016
PM2.5 Memorandum and additional
information for the evaluation and came
to the same conclusion as Pennsylvania.
EPA identified the potential downwind
nonattainment and maintenance
receptors identified in the 2016 PM2.5
Memorandum, and then determined
that Pennsylvania’s emissions will not
contribute to these receptors, and thus
will not contribute to nonattainment
and maintenance problems, in 2021—
the attainment year for moderate PM2.5
nonattainment areas for the 2012 PM2.5
NAAQS.
A detailed summary of Pennsylvania’s
submittal and the rationale for EPA’s
proposed action are explained in the
NPR and accompanying technical
support document (TSD) and will not be
restated here.
III. Response to Comments
EPA received a total of four sets of
comments on the June 14, 2018 NPR.
Three of those did not concern any of
the specific issues raised in the NPR,
nor did they address EPA’s rationale for
the proposed approval of Pennsylvania’s
submittal. Therefore, EPA is not
responding to those comments. EPA did
receive one relevant set of comments;
those comments, and EPA’s response is
discussed below. All of the comments
received are included in the docket for
this action.
Comment: The commenter first
identifies that Pennsylvania submitted a
SIP revision on July 15, 2014 and that
all elements were approved except those
under CAA sections 110(a)(2)(D)(i)(I)
and 110(a)(2)(D)(i)(II). The commenter
notes that EPA is required to act on a
SIP revision within 12 months of
finding the submittal complete and asks
why EPA has not performed its statutory
duty of acting on CAA section
110(a)(2)(D)(i)(II) within the prescribed
time frame. The commenter continues,
asking what was done between 2014
and the present to ensure that visibility
protection was federally enforceable as
required ‘‘by this prong 4’’ in terms of
protecting human health and the
environment.
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Response: As stated in the NPR,
Pennsylvania’s July 15, 2014 SIP
submittal did not include provisions
addressing CAA section
110(a)(2)(D)(i)(I), and therefore that
particular element of CAA section
110(a)(2)(D) (prohibiting emissions that
contribute significantly to
nonattainment, or interfere with
maintenance of the NAAQS in any other
state) was not before EPA for approval.
See 83 FR 27733 (June 14, 2018). EPA’s
prior action on the July 15, 2014 SIP
submittal approved the portion of the
submittal which addressed the CAA
section 110(a)(2)(D)(i)(II) element
related to prevention of significant
deterioration as it was addressed in the
July 15, 2014 SIP submission, except
EPA did not approve the portion of the
July 15, 2014 submittal addressing CAA
section 110(a)(2)(D)(i)(II) related to the
visibility prong, that is, ‘‘prong 4.’’ See
80 FR 26461 (May 8, 2015). EPA did not
take action on prong 4 because the U.S.
Court of Appeals for the Third Circuit
had vacated and remanded EPA’s
limited approval of Pennsylvania’s
regional haze SIP (as it related to certain
best available retrofit technology
(BART) requirements). See Nat’l Parks
Conservation Ass’n v. United States
EPA, 803 F.3d 151 (3rd Cir. 2015). EPA
had also previously done a limited
disapproval of the Pennsylvania
regional haze SIP for relying on the
Clean Air Interstate Rule (CAIR) 2 to
satisfy the BART requirement for
emissions of SO2 and NOX from
Pennsylvania’s BART-eligible electric
generating units (EGUs). See 77 FR
33642 (June 7, 2012). In that same
action, EPA imposed a federal
implementation plan (FIP) that replaced
Pennsylvania’s reliance on CAIR with
reliance on the Cross-State Air Pollution
Rule (CSAPR) 3 for certain BART
requirements for EGUs. Thus, due to the
Third Circuit’s remand of the limited
approval on the Pennsylvania regional
haze SIP for certain BARTs and due to
the partial regional haze FIP applicable
to certain EGU BARTs, EPA was not
able to approve at that time that portion
of Pennsylvania’s July 15, 2014 SIP
submittal addressing whether the
Pennsylvania SIP had adequate
provisions to prevent interference with
other states’ efforts to protect visibility
2 CAIR required certain states, including
Pennsylvania, to reduce emissions of SO2 and NOX
that significantly contribute to downwind
nonattainment of the 1997 NAAQS for ozone and
fine particulate matter (PM2.5). 70 FR 25162 (May
12, 2005).
3 EPA promulgated CSAPR (76 FR 48208, August
8, 2011) as a replacement to CAIR in response to
the United States Court of Appeals for the District
of Columbia Circuit’s decision in North Carolina v.
EPA, 531 F.3d 896 (D.C. Cir. 2008).
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(prong 4, CAA section 110(a)(2)(D)(i)(I)).
As indicated in EPA’s final action on
the July 15, 2014 SIP submittal, EPA
stated the Agency would take later
separate action on the portion of the
July 15, 2014 submittal addressing
prong 4. See 80 FR 26461.
Regarding commenter’s concern about
what was done between July 2014 and
the present to ensure that visibility was
protected, EPA notes that the partial
regional haze FIP has been in place
since July 2012 providing visibility
protection as the partial FIP addresses
NOX and SO2 BART from EGUs in
Pennsylvania which are some of the
largest emitters of visibility impairing
pollutants in the Commonwealth.
Pennsylvania is currently preparing a
revised regional haze SIP submission to
respond to the September 2015 decision
from the Third Circuit.
Furthermore, as EPA stated in the
NPR, ‘‘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.’’
The NPR noted that EPA will take later,
separate action on the July 15, 2014
submittal as it relates to visibility
protection under CAA section
110(a)(2)(D)(i)(II). This rulemaking
action relates only to CAA section
110(a)(2)(D)(i)(I), which Pennsylvania
addressed in its October 11, 2017 SIP
submission. The October 11, 2017
submittal was determined complete on
October 26, 2017, therefore the statutory
deadline for EPA’s final action is
October 26, 2018. EPA’s final
rulemaking herein meets that statutory
deadline.
Comment: The commenter asks why,
if Pennsylvania had not submitted a SIP
revision addressing CAA section
110(a)(2)(D)(i)(I) for the 2012 PM2.5
NAAQS, EPA did not issue a finding of
failure to submit as required by statute
and then remedy the deficiency with a
FIP.
Response: CAA section 110(a)(1)
requires that states adopt and submit to
EPA ‘‘within 3 years (or such shorter
period as the Administrator may
provide) after the promulgation of’’ a
new or revised NAAQS a plan providing
for the implementation, maintenance,
and enforcement of the NAAQS. The
revised 2012 PM2.5 NAAQS was
published on January 15, 2013 and
became final on March 18, 2013. See 78
FR 3086. Thus, Pennsylvania was not
required to submit a SIP to EPA until
March 18, 2016. Therefore, a finding of
failure to submit for CAA section
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110(a)(2)(D)(i)(I) or any FIP would have
been premature when EPA acted on the
July 15, 2014 SIP submittal addressing
section 110(a)(2) requirements for the
2012 PM2.5 NAAQS on May 8, 2015. In
the May 8, 2015 rulemaking, EPA stated
it would take action on the remaining
elements of CAA section
110(a)(2)(D)(i)(II) for visibility
protection at a later date. Our final
action herein addresses the CAA section
110(a)(2)(D)(i)(I) requirements for
Pennsylvania with our approval of
Pennsylvania’s October 11, 2017
submittal.
Comment: The commenter requests
that EPA explain and quantify how
delayed action on PADEP’s SIP
revisions with regard to CAA sections
110(a)(2)(D)(i)(I) and (II) for PM2.5
affected any changes in respiratory
ailments in Pennsylvania residents.
Response: First, EPA reiterates that
the visibility protections under CAA
section 110(a)(2)(D)(i)(II) are not at issue
in this rulemaking as EPA has stated in
the NPR and in our prior action on the
July 15, 2014 SIP submittal that we will
take later rulemaking action on
Pennsylvania’s obligations relating to
visibility protection in CAA section
110(a)(2)(D)(i)(II). Second, EPA has not
delayed action on PADEP’s SIP revision
addressing CAA section
110(a)(2)(D)(i)(I). Pennsylvania
submitted the SIP revision on October
11, 2017 and EPA determined it
complete on October 26, 2017; therefore,
EPA’s statutory deadline is October 26,
2018. Because EPA has not delayed
action, the commenter’s supposition
that EPA’s delay affected respiratory
ailments in Pennsylvania residents is
based on a faulty premise and thus is
incorrect. In any event, consideration of
respiratory ailments is not required by
the statutory language in CAA section
110(a)(2)(D)(i)(I).
Comment: The commenter asks why
the regulatory community is devoting so
much time devising analyses and
justification for ‘‘elements that have no
meaning in actual emission reductions
or improvement in air quality.’’ The
commenter continues by asking EPA to
explain what has been accomplished in
terms of ensuring the well-being of
human health and the environment
through this requirement.
Response: CAA section 110(a)(1)
requires all states to submit a SIP
addressing the elements of CAA section
110(a)(2), including section
110(a)(2)(D)(i)(I), within three years of
EPA promulgating a new or revised
NAAQS. Therefore, the submission of a
SIP addressing CAA section 110(a)(2)(D)
is required by law and must be
addressed by the states. In addition, the
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requirement for a new infrastructure SIP
submission provides an opportunity for
the air agency, the public, and EPA to
review the basics of the air quality
management program in light of each
new or revised NAAQS. In the case of
CAA section 110(a)(2)(D)(i)(I), this
review is focused on whether a state’s
SIP prevents interference with
attainment or maintenance of the
NAAQS in a nearby state. For CAA
section 110(a)(2)(D)(i)(II), this review
focuses on whether the state’s SIP
addresses requirements for prevention
of significant deterioration and visibility
protection. Thus, SIP measures
addressing CAA section 110(a)(2) are
evaluated for a new or revised NAAQS
and therefore do protect human health
or the environment.
IV. Final Action
EPA is approving the October 11,
2017 SIP revision addressing the
interstate transport requirements for the
2012 PM2.5 NAAQS to the Pennsylvania
SIP because the submittal adequately
addresses CAA section 110(a)(2)(D)(i)(I).
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• 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
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50853
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 December 10, 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
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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
addressing Pennsylvania’s interstate
transport requirements for the 2012
PM2.5 NAAQS, may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2)).
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Applicable
geographic
area
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10/11/17
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0276; FRL–9985–11–
Region 5]
Air Plan Approval; Illinois; Permit-byRule Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Illinois State Implementation Plan
(SIP) to establish a general framework
for permits-by-rule (PBR) and
specifically provide a PBR for small
boilers. In addition, EPA is approving
other state provisions that are affected
by the addition of the PBR regulations,
as well as minor changes in
nomenclature. EPA proposed to approve
these revisions on July 18, 2018.
DATES: This final rule is effective on
November 9, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0276. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
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State
submittal
date
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Statewide .......
[FR Doc. 2018–21665 Filed 10–9–18; 8:45 am]
SUMMARY:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Authority: 42 U.S.C. 7401 et seq.
*
*
40 CFR part 52 is amended as follows:
1. The authority citation for part 52
continues to read as follows:
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Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS.
*
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding a second
entry for ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2012
PM2.5 NAAQS’’ after the first entry
entitled the same to read as follows:
■
■
Name of non-regulatory SIP revision
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Subpart NN—Pennsylvania
§ 52.2020
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
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Dated: September 24, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
EPA approval date
*
10/10/18, [insert
Federal Register
citation].
I. Background
II. What comments did we receive on the
proposed action?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On May 2, 2017, the Illinois
Environmental Protection Agency
(IEPA) submitted a SIP revision to
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Additional explanation
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Docket No. 2018–0054. This action addresses the infrastructure element of
CAA section 110(a)(2)(D)(i)(I).
*
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 through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Danny
Marcus, Environmental Engineer, at
(312) 353–8781 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8781, marcus.danny@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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Identification of plan.
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(e) * * *
(1) * * *
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establish a general framework for a PBR
program. PBR programs establish a
streamlined process that allows an
individual applicant to notify the
reviewing authority that it meets the
eligibility criteria for the permit and the
permit conditions rather than going
through a reviewing authority review
and approval process.
Specifically, the SIP revision consists
of: (1) IEPA revisions to 35 IAC Part 201
to add a new Subpart M (35 IAC 201.500
through 201.540), which establishes
general provisions for a PBR program;
(2) IEPA revisions to Part 201 to add
Subpart N to 35 IAC Part 201 (35 IAC
201.600 through 201.635), which
establishes PBR requirements for boilers
burning certain types of fuel and with
heat input capacities of less than or
equal to 100 Million British Thermal
Units per Hour (MMBtu/hr); (3) IEPA
revisions to 35 IAC 201.103 and 35 IAC
211.4720 to change and add certain
abbreviations and definitions related to
the new PBR rules; (4) IEPA revisions to
35 IAC 201.104, incorporation by
reference, to reference regulations
contained in the PBR program; and (5)
IEPA revisions to 35 IAC 201.146 to
change the abbreviation of ‘‘mmbtu/hr’’
to ‘‘MMBtu/hr.’’
II. What comments did we receive on
the proposed action?
Our July 18, 2018 proposed rule (83
FR 33894) provided a 30-day review and
comment period. The comment period
closed on August 17, 2018. EPA
received one unrelated comment. This
comment is outside the scope of this
rulemaking and does not provide
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10OCR1
Agencies
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Rules and Regulations]
[Pages 50851-50854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21665]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0054; FRL-9984-99-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. 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: This final rule is effective on November 9, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0054. 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: Joseph Schulingkamp, (215) 814-2021,
or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 14, 2018 (83 FR 27732), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA
proposed approval of the Pennsylvania SIP revision addressing the
interstate transport requirements for the 2012 PM2.5 NAAQS
in CAA section 110(a)(2)(D)(i)(I) submitted on October 11, 2017. For
more information on particulate pollution, EPA's infrastructure
requirements, and interstate transport requirements, see Section I of
the NPR.
II. Summary of SIP Revision 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), sulfur dioxide (SO2),
ammonia, and volatile organic compounds (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 to
nonattainment in, or interfere with maintenance of the 2012
PM2.5 NAAQS in any other state. The submittal also included
currently available air quality monitoring data for PM2.5.
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 micrograms per cubic meter
([micro]g/m\3\) NAAQS value (Allegheny County, PA).\1\ Pennsylvania
also generally discussed prevailing wind directions and several
[[Page 50852]]
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 that 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.
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\1\ ``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. EPA identified the potential downwind
nonattainment and maintenance receptors identified in the 2016
PM2.5 Memorandum, and then determined that Pennsylvania's
emissions will not contribute to these receptors, and thus will not
contribute to nonattainment and maintenance problems, in 2021--the
attainment year for moderate PM2.5 nonattainment areas for
the 2012 PM2.5 NAAQS.
A detailed summary of Pennsylvania's submittal and the rationale
for EPA's proposed action are explained in the NPR and accompanying
technical support document (TSD) and will not be restated here.
III. Response to Comments
EPA received a total of four sets of comments on the June 14, 2018
NPR. Three of those did not concern any of the specific issues raised
in the NPR, nor did they address EPA's rationale for the proposed
approval of Pennsylvania's submittal. Therefore, EPA is not responding
to those comments. EPA did receive one relevant set of comments; those
comments, and EPA's response is discussed below. All of the comments
received are included in the docket for this action.
Comment: The commenter first identifies that Pennsylvania submitted
a SIP revision on July 15, 2014 and that all elements were approved
except those under CAA sections 110(a)(2)(D)(i)(I) and
110(a)(2)(D)(i)(II). The commenter notes that EPA is required to act on
a SIP revision within 12 months of finding the submittal complete and
asks why EPA has not performed its statutory duty of acting on CAA
section 110(a)(2)(D)(i)(II) within the prescribed time frame. The
commenter continues, asking what was done between 2014 and the present
to ensure that visibility protection was federally enforceable as
required ``by this prong 4'' in terms of protecting human health and
the environment.
Response: As stated in the NPR, Pennsylvania's July 15, 2014 SIP
submittal did not include provisions addressing CAA section
110(a)(2)(D)(i)(I), and therefore that particular element of CAA
section 110(a)(2)(D) (prohibiting emissions that contribute
significantly to nonattainment, or interfere with maintenance of the
NAAQS in any other state) was not before EPA for approval. See 83 FR
27733 (June 14, 2018). EPA's prior action on the July 15, 2014 SIP
submittal approved the portion of the submittal which addressed the CAA
section 110(a)(2)(D)(i)(II) element related to prevention of
significant deterioration as it was addressed in the July 15, 2014 SIP
submission, except EPA did not approve the portion of the July 15, 2014
submittal addressing CAA section 110(a)(2)(D)(i)(II) related to the
visibility prong, that is, ``prong 4.'' See 80 FR 26461 (May 8, 2015).
EPA did not take action on prong 4 because the U.S. Court of Appeals
for the Third Circuit had vacated and remanded EPA's limited approval
of Pennsylvania's regional haze SIP (as it related to certain best
available retrofit technology (BART) requirements). See Nat'l Parks
Conservation Ass'n v. United States EPA, 803 F.3d 151 (3rd Cir. 2015).
EPA had also previously done a limited disapproval of the Pennsylvania
regional haze SIP for relying on the Clean Air Interstate Rule (CAIR)
\2\ to satisfy the BART requirement for emissions of SO2 and
NOX from Pennsylvania's BART-eligible electric generating
units (EGUs). See 77 FR 33642 (June 7, 2012). In that same action, EPA
imposed a federal implementation plan (FIP) that replaced
Pennsylvania's reliance on CAIR with reliance on the Cross-State Air
Pollution Rule (CSAPR) \3\ for certain BART requirements for EGUs.
Thus, due to the Third Circuit's remand of the limited approval on the
Pennsylvania regional haze SIP for certain BARTs and due to the partial
regional haze FIP applicable to certain EGU BARTs, EPA was not able to
approve at that time that portion of Pennsylvania's July 15, 2014 SIP
submittal addressing whether the Pennsylvania SIP had adequate
provisions to prevent interference with other states' efforts to
protect visibility (prong 4, CAA section 110(a)(2)(D)(i)(I)). As
indicated in EPA's final action on the July 15, 2014 SIP submittal, EPA
stated the Agency would take later separate action on the portion of
the July 15, 2014 submittal addressing prong 4. See 80 FR 26461.
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\2\ CAIR required certain states, including Pennsylvania, to
reduce emissions of SO2 and NOX that
significantly contribute to downwind nonattainment of the 1997 NAAQS
for ozone and fine particulate matter (PM2.5). 70 FR
25162 (May 12, 2005).
\3\ EPA promulgated CSAPR (76 FR 48208, August 8, 2011) as a
replacement to CAIR in response to the United States Court of
Appeals for the District of Columbia Circuit's decision in North
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008).
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Regarding commenter's concern about what was done between July 2014
and the present to ensure that visibility was protected, EPA notes that
the partial regional haze FIP has been in place since July 2012
providing visibility protection as the partial FIP addresses
NOX and SO2 BART from EGUs in Pennsylvania which
are some of the largest emitters of visibility impairing pollutants in
the Commonwealth. Pennsylvania is currently preparing a revised
regional haze SIP submission to respond to the September 2015 decision
from the Third Circuit.
Furthermore, as EPA stated in the NPR, ``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.'' The NPR noted that EPA will take later,
separate action on the July 15, 2014 submittal as it relates to
visibility protection under CAA section 110(a)(2)(D)(i)(II). This
rulemaking action relates only to CAA section 110(a)(2)(D)(i)(I), which
Pennsylvania addressed in its October 11, 2017 SIP submission. The
October 11, 2017 submittal was determined complete on October 26, 2017,
therefore the statutory deadline for EPA's final action is October 26,
2018. EPA's final rulemaking herein meets that statutory deadline.
Comment: The commenter asks why, if Pennsylvania had not submitted
a SIP revision addressing CAA section 110(a)(2)(D)(i)(I) for the 2012
PM2.5 NAAQS, EPA did not issue a finding of failure to
submit as required by statute and then remedy the deficiency with a
FIP.
Response: CAA section 110(a)(1) requires that states adopt and
submit to EPA ``within 3 years (or such shorter period as the
Administrator may provide) after the promulgation of'' a new or revised
NAAQS a plan providing for the implementation, maintenance, and
enforcement of the NAAQS. The revised 2012 PM2.5 NAAQS was
published on January 15, 2013 and became final on March 18, 2013. See
78 FR 3086. Thus, Pennsylvania was not required to submit a SIP to EPA
until March 18, 2016. Therefore, a finding of failure to submit for CAA
section
[[Page 50853]]
110(a)(2)(D)(i)(I) or any FIP would have been premature when EPA acted
on the July 15, 2014 SIP submittal addressing section 110(a)(2)
requirements for the 2012 PM2.5 NAAQS on May 8, 2015. In the
May 8, 2015 rulemaking, EPA stated it would take action on the
remaining elements of CAA section 110(a)(2)(D)(i)(II) for visibility
protection at a later date. Our final action herein addresses the CAA
section 110(a)(2)(D)(i)(I) requirements for Pennsylvania with our
approval of Pennsylvania's October 11, 2017 submittal.
Comment: The commenter requests that EPA explain and quantify how
delayed action on PADEP's SIP revisions with regard to CAA sections
110(a)(2)(D)(i)(I) and (II) for PM2.5 affected any changes
in respiratory ailments in Pennsylvania residents.
Response: First, EPA reiterates that the visibility protections
under CAA section 110(a)(2)(D)(i)(II) are not at issue in this
rulemaking as EPA has stated in the NPR and in our prior action on the
July 15, 2014 SIP submittal that we will take later rulemaking action
on Pennsylvania's obligations relating to visibility protection in CAA
section 110(a)(2)(D)(i)(II). Second, EPA has not delayed action on
PADEP's SIP revision addressing CAA section 110(a)(2)(D)(i)(I).
Pennsylvania submitted the SIP revision on October 11, 2017 and EPA
determined it complete on October 26, 2017; therefore, EPA's statutory
deadline is October 26, 2018. Because EPA has not delayed action, the
commenter's supposition that EPA's delay affected respiratory ailments
in Pennsylvania residents is based on a faulty premise and thus is
incorrect. In any event, consideration of respiratory ailments is not
required by the statutory language in CAA section 110(a)(2)(D)(i)(I).
Comment: The commenter asks why the regulatory community is
devoting so much time devising analyses and justification for
``elements that have no meaning in actual emission reductions or
improvement in air quality.'' The commenter continues by asking EPA to
explain what has been accomplished in terms of ensuring the well-being
of human health and the environment through this requirement.
Response: CAA section 110(a)(1) requires all states to submit a SIP
addressing the elements of CAA section 110(a)(2), including section
110(a)(2)(D)(i)(I), within three years of EPA promulgating a new or
revised NAAQS. Therefore, the submission of a SIP addressing CAA
section 110(a)(2)(D) is required by law and must be addressed by the
states. In addition, the requirement for a new infrastructure SIP
submission provides an opportunity for the air agency, the public, and
EPA to review the basics of the air quality management program in light
of each new or revised NAAQS. In the case of CAA section
110(a)(2)(D)(i)(I), this review is focused on whether a state's SIP
prevents interference with attainment or maintenance of the NAAQS in a
nearby state. For CAA section 110(a)(2)(D)(i)(II), this review focuses
on whether the state's SIP addresses requirements for prevention of
significant deterioration and visibility protection. Thus, SIP measures
addressing CAA section 110(a)(2) are evaluated for a new or revised
NAAQS and therefore do protect human health or the environment.
IV. Final Action
EPA is approving the October 11, 2017 SIP revision addressing the
interstate transport requirements for the 2012 PM2.5 NAAQS
to the Pennsylvania SIP because the submittal adequately addresses CAA
section 110(a)(2)(D)(i)(I).
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
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 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 December 10, 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
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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 addressing Pennsylvania's interstate transport requirements
for the 2012 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, Particulate matter.
Dated: September 24, 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
a second entry for ``Section 110(a)(2) Infrastructure Requirements for
the 2012 PM2.5 NAAQS'' after the first entry entitled the
same to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
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* * * * * * *
Section 110(a)(2) Infrastructure Statewide............. 10/11/17 10/10/18, [insert Docket No. 2018-
Requirements for the 2012 PM2.5 Federal Register 0054. This action
NAAQS. citation]. addresses the
infrastructure
element of CAA
section
110(a)(2)(D)(i)(I
).
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[FR Doc. 2018-21665 Filed 10-9-18; 8:45 am]
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