Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Requests and Maintenance Plans for Delaware County and Lebanon County 2012 Fine Particulate Matter Areas, 33886-33903 [2019-15091]
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the provisions described in Section III.
The EPA has made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided they meet the criteria of the
CAA. Accordingly, this proposed action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
it does not involve technical standards;
and
• Does not provide the 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).
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In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 27, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019–14989 Filed 7–15–19; 8:45 am]
BILLING CODE 6560–50–P
this proposed action, if finalized, would
be to change the designation status of
the Delaware and Lebanon Areas from
nonattainment to attainment for the
2012 annual PM2.5 NAAQS, thereby
removing the requirement for a
nonattainment new source review
(NNSR) permitting program and
stopping the sanctions clock associated
with a finding of failure to submit NNSR
updates for the 2012 annual PM2.5
NAAQS. EPA is also proposing to
approve PADEP’s plans to ensure that
the Delaware and Lebanon Areas
continue to meet the 2012 PM2.5
NAAQS through 2030 (maintenance
plans) as revisions to the Pennsylvania
SIP. The maintenance plans for the
Delaware and Lebanon Areas include
2014, 2022, and 2030 motor vehicle
emissions budgets (MVEBs) for mobile
sources of PM2.5 and nitrogen oxides
(NOX). Finally, EPA is proposing to find
these 2014, 2022, and 2030 MVEBs for
PM2.5 and NOX adequate and to approve
these MVEBs into the Pennsylvania SIP
for transportation conformity purposes.
This action is being taken under the
Clean Air Act (CAA).
Written comments must be
received on or before August 15, 2019.
ENVIRONMENTAL PROTECTION
AGENCY
DATES:
40 CFR Parts 52 and 81
ADDRESSES:
[EPA–R03–OAR–2019–0262; FRL–9996–73–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation Requests
and Maintenance Plans for Delaware
County and Lebanon County 2012 Fine
Particulate Matter Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
state implementation plan (SIP)
revisions submitted by the
Commonwealth of Pennsylvania. On
January 23, 2019 and February 11, 2019,
respectively, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted requests for EPA to
redesignate to attainment of the 2012
annual fine particulate matter (PM2.5)
national ambient air quality standards
(NAAQS) the Delaware County and
Lebanon County nonattainment areas
(the Delaware and Lebanon Areas or the
Areas). EPA is proposing to grant
PADEP’s requests and to determine that
the Delaware and Lebanon Areas meet
the 2012 annual PM2.5 NAAQS, based
on the most recent three years of
certified air quality data. The effect of
SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2019–0262 at https://
www.regulations.gov, or via email to
spielberger.susan@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
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FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2181. Ms. Pino can also be reached
via electronic mail at pino.maria@
epa.gov.
SUPPLEMENTARY INFORMATION:
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I. What are the actions EPA is proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation to
attainment?
IV. What is EPA’s analysis of Pennsylvania’s
redesignation request for the Delaware
and Lebanon Areas?
A. Have the Delaware and Lebanon Areas
attained the 2012 annual PM2.5 NAAQS?
B. Has Pennsylvania met all applicable
requirements of section 110 and part D
of the CAA for the Delaware and
Lebanon Areas and do the Delaware and
Lebanon Areas have a fully approved SIP
under section 110(k) of the CAA?
C. Are the air quality improvements in the
Delaware and Lebanon Areas due to
permanent and enforceable emission
reductions?
D. Does Pennsylvania have fully
approvable maintenance plans for the
Delaware and Lebanon Areas?
V. Has Pennsylvania adopted approvable
motor vehicle emission budgets?
A. What are the Motor Vehicle Emissions
Budgets (MVEB)?
B. What is a safety margin?
C. Why are the MVEBs approvable?
D. What is the adequacy and approval
process for the MVEBs in the Delaware
and Lebanon areas maintenance plans?
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. What are the actions EPA is
proposing?
EPA is taking several actions related
to the redesignation of the Delaware and
Lebanon Areas to attainment of the 2012
annual PM2.5 NAAQS. EPA is proposing
that the Delaware and Lebanon
moderate nonattainment areas are
attaining the 2012 annual PM2.5
NAAQS. EPA is also proposing to
approve Pennsylvania’s 2012 annual
PM2.5 maintenance plans for the
Delaware and Lebanon Areas as
revisions to the Pennsylvania SIP. These
maintenance plans include MVEBs for
PM2.5 and NOX for the years 2014, 2022,
and 2030. Further, EPA is also
proposing to find that Pennsylvania
meets the requirements for
redesignation of the Delaware and
Lebanon Areas to attainment of the 2012
annual PM2.5 NAAQS under section
107(d)(3)(E) of the CAA. EPA is thus
proposing to grant Pennsylvania’s
request to change the designation of the
Delaware and Lebanon Areas from
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nonattainment to attainment of the 2012
annual PM2.5 NAAQS. Finally, EPA is
proposing to find the 2014, 2022, and
2030 MVEBs for PM2.5 and NOX
adequate and is proposing to approve
these MVEBs into the Pennsylvania SIP
for transportation conformity purposes.
The adequacy comment period for these
MVEBs will begin upon publication of
this Notice of Proposed Rulemaking
(NPRM) with EPA’s posting of the
availability of Pennsylvania’s
maintenance plan submittal for the
Delaware and Lebanon Areas on EPA’s
Adequacy website which can be found
at https://www.epa.gov/state-and-localtransportation. Please see section V of
today’s rulemaking for further
explanation of the MVEBs and the
adequacy process.
II. What is the background for these
actions?
Particulate matter (PM) is the term for
a mixture of solid particles and liquid
droplets found in the air. Some
particles, such as dust, dirt, soot, or
smoke, are large or dark enough to be
seen with the naked eye. Others are so
small they can only be detected using an
electron microscope. PM2.5 is made of
fine inhalable particles with diameters
that are 2.5 micrometers and smaller.
PM2.5 can be emitted directly from a
source, such as construction sites,
unpaved roads, fields, smokestacks or
fires. However, most PM2.5 is formed in
the atmosphere as a result of complex
reactions. The chemicals that form this
‘‘secondary’’ PM2.5, known as
‘‘precursors’’ are sulfur dioxide (SO2),
NOX, volatile organic compounds
(VOCs), and ammonia (NH3). PM2.5
precursors are pollutants emitted by a
wide range of sources, such as power
plants, industrial processes, and
automobiles.
On December 14, 2012, EPA
promulgated a revised primary annual
PM2.5 NAAQS to provide increased
protection of public health from fine
particle pollution. 78 FR 3086 (January
15, 2013). In that action, EPA
strengthened the primary annual PM2.5
standard from 15.0 micrograms per
cubic meter (mg/m3) to 12.0 mg/m3. An
area is considered to be attainment for
that NAAQS when the 3-year average of
the annual arithmetic mean of the
ambient air quality monitoring data
collected at each monitor in the area
does not exceed 12.0 mg/m3. On
December 18, 2014, the EPA
Administrator signed a final action
promulgating initial designations for the
2012 primary PM2.5 NAAQS based on
2011–2013 air quality monitoring data
for the majority of the United States. 80
FR 2206 (January 15, 2015). In that
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action, the Delaware Area, which
consists of Delaware County,
Pennsylvania, and the Lebanon Area,
which consists of Lebanon County,
Pennsylvania, were designated as
moderate nonattainment areas for the
2012 annual PM2.5 NAAQS. See 40 CFR
81.339.
On April 6, 2018, EPA published a
‘‘finding of failure to submit’’ required
SIP elements for the 2012 annual PM2.5
NAAQS for several nonattainment areas
nationwide, including the Delaware and
Lebanon Areas. See 83 FR 14759. EPA’s
finding of failure to submit, effective
May 7, 2018, included a determination
that Pennsylvania had not met its
obligations for the NNSR permit
program because Pennsylvania did not
regulate emissions of VOCs and NH3 as
PM2.5 precursors. Sanctions associated
with this finding for the Delaware and
Lebanon Areas will take effect on
November 7, 2019, unless EPA fully
approves the Pennsylvania’s
redesignation requests by November 7,
2019. As NNSR is not required in
attainment areas, upon final
redesignation of the Delaware and
Lebanon Areas to attainment, the NNSR
updates will no longer be required for
the Areas, thus nullifying the findings of
failure to submit and stopping the
sanctions clock.
III. What are the criteria for
redesignation to attainment?
Section 107(d)(3)(E) of the CAA
allows redesignation of an area to
attainment of the NAAQS provided that:
(1) The Administrator (EPA) determines
that the area has attained the applicable
NAAQS; (2) the Administrator has fully
approved the applicable
implementation plan for the area under
section 110(k) of the CAA; (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP,
applicable Federal air pollutant control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A of the CAA; and (5) the state
containing the area has met all
requirements applicable to the area for
purposes of redesignation under section
110 and part D of title I of the CAA.
On April 16, 1992, EPA provided
guidance on redesignations in the
General Preamble for the
Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and
supplemented this guidance on April
28, 1992 (57 FR 18070). EPA has
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provided further guidance on processing
redesignation requests in the following
documents:
1. ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992 (Calcagni memorandum);
2. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,’’ Memorandum from
John Calcagni, Director, Air Quality
Management Division, October 28, 1992;
3. ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas Requesting
Redesignation to Attainment,’’ Memorandum
from Mary D. Nichols, Assistant
Administrator for Air and Radiation, October
14, 1994 (Nichols memorandum); and
4. ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone
and Carbon Monoxide (CO) National
Ambient Air Quality Standards (NAAQS) on
or after November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation
memorandum, September 17, 1993 (Shapiro
memorandum).
These memoranda are available in the
docket for this rulemaking action,
available online at https://
www.regulations.gov, Docket ID: EPA–
R03–OAR–2019–0262.
IV. What is EPA’s analysis of
Pennsylvania’s redesignation request
for the Delaware and Lebanon Areas?
EPA is proposing to redesignate the
Delaware and Lebanon Areas to
attainment for the 2012 annual PM2.5
NAAQS and to approve Pennsylvania’s
related maintenance plans. The basis for
EPA’s actions is as follows:
A. Have the Delaware and Lebanon
Areas attained the 2012 annual PM2.5
NAAQS?
To redesignate an area from
nonattainment to attainment, the CAA
requires EPA to determine that the area
has attained the applicable NAAQS
(CAA section 107(d)(3)(E)(i)). For PM2.5,
an area is attaining the 2012 annual
PM2.5 NAAQS if it meets the standard,
as determined in accordance with 40
CFR 50.13 and appendix N of 40 CFR
part 50, based on three complete,
consecutive calendar years of qualityassured air quality monitoring data. To
attain the 2012 annual PM2.5 NAAQS,
the 3-year average of the annual
arithmetic mean concentration, as
determined in accordance with 40 CFR
part 50, appendix N, must be less than
or equal to 12.0 mg/m3 at all relevant
monitoring sites in the subject area over
a 3-year period. The relevant data must
be collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in the EPA Air Quality System
(AQS) database.
On December 13, 2016, EPA
determined that the Delaware Area first
attained the 2012 annual PM2.5 NAAQS
based on 2013–2015 ambient air quality
monitoring data. See 81 FR 89868 and
82 FR 8499. On March 6, 2018, EPA
determined that the Lebanon Area first
attained the 2012 annual PM2.5 NAAQS
based on 2014–2016 ambient air quality
monitoring data. See 83 FR 9435. These
determinations of attainment, or ‘‘clean
data determinations’’ suspended certain
planning requirements for the Areas,
including the requirement to submit an
attainment demonstration and
associated reasonably available control
measures (RACM), including reasonable
available control technology (RACT), a
reasonable further progress (RFP) plan,
and contingency measures for failure to
attain or meet RFP. These requirements
are suspended for as long as the Areas
continue to meet the 2012 annual PM2.5
NAAQS. When the Areas are
redesignated to attainment, the
requirements are permanently
discharged.
There are two ambient air quality
monitors in the Delaware Area and one
in the Lebanon Area. EPA reviewed the
certified, quality assured/quality
controlled PM2.5 monitoring data for
2015–2017 from the monitors in the
Delaware and Lebanon Areas and
determined that the design values are
less than or equal to 12.0 mg/m3, and
therefore the areas continue to meet the
2012 annual PM2.5 NAAQS. In addition,
EPA evaluated preliminary 2016–2018
monitoring data for all three monitors,
which also shows continued attainment
of the 2012 annual PM2.5 NAAQS.
Therefore, EPA is proposing to
determine that the Delaware and
Lebanon Areas are attaining the 2012
annual PM2.5 NAAQS. This proposed
determination is based on the most
recent three years of complete, certified
and quality-assured data, which is for
the 2015–2017 monitoring period. The
monitoring data is summarized in
Tables 1 and 2 and is also available in
the docket for this rulemaking action
available online at https://
www.regulations.gov, Docket ID: EPA–
R03–OAR–2019–0262.
TABLE 1—2013 TO 2018 ANNUAL MEANS AT DELAWARE COUNTY AND LEBANON COUNTY MONITORS
Annual means in μg/m3
Area/county
Monitor ID
2013
Delaware ......................
Delaware ......................
Lebanon .......................
42–045–0002
42–045–0109
42–075–0100
2014
11.5
(*)
11.2
2015
12.6
(*)
12.7
2016
10.7
10.6
11.2
Preliminary
2018
2017
11.0
9.3
9.7
9.1
8.3
9.3
12.1
10.8
8.8
* Monitor 42–045–0109 started operation on 1/1/2015. Therefore, it did not record data in 2013 and 2014.
TABLE 2—2015 TO 2018 ANNUAL DESIGN VALUES AT DELAWARE COUNTY AND LEBANON COUNTY MONITORS
Annual design values in μg/m3
Area/county
Monitor ID
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2013–2015
Delaware ..............................................................................
Delaware ..............................................................................
Lebanon ...............................................................................
42–045–0002
42–045–0109
42–075–0100
2014–2016
11.6
(*)
** 11.7
11.5
(*)
11.2
2015–2017
10.3
9.4
10.1
Preliminary
2016–2018
10.7
9.4
9.3
* Monitor 42–045–0109 started operation on 1/1/2015. Therefore, the 2013–2015 and 2014–2016 design values at this monitor are not valid
because they do not meet EPA’s completeness criteria in appendix N to 40 CFR part 50.
** The 2013–2015 design value at monitor 42–075–0100 is not valid because the 2015 data at that monitor does not meet EPA’s completeness criteria in appendix N to 40 CFR part 50.
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EPA has reviewed the ambient air
quality monitoring data in the Delaware
and Lebanon Areas, consistent with the
requirements contained at 40 CFR part
50. EPA’s review focused on data
recorded in the EPA AQS database, for
the Delaware and Lebanon Areas for
PM2.5 nonattainment area from 2015 to
2017. EPA also considered preliminary
data for 2018, which have not been
certified, but which are consistent with
the area’s continued attainment.
All monitors in the Delaware and
Lebanon Areas recorded complete data
in accordance with criteria set forth by
EPA in 40 CFR part 50, appendix N,
where a complete year of air quality
data comprises four calendar quarters,
with each quarter containing data from
at least 75 percent (%) capture of the
scheduled sampling days. Available
data are sufficient for comparison to the
NAAQS.
B. Has Pennsylvania met all applicable
requirements of section 110 and part D
of the CAA for the Delaware and
Lebanon Areas and do the Delaware
and Lebanon Areas have a fully
approved SIP under section 110(k) of
the CAA?
In accordance with section
107(d)(3)(E)(v) of the CAA,
Pennsylvania must meet all the
requirements applicable to the Areas
under section 110 of the CAA (general
SIP requirements) and part D of Title I
of the CAA (SIP requirements for
nonattainment areas). Under section
107(d)(3)(E)(ii) of the CAA,
Pennsylvania’s SIP revisions for the
2012 annual PM2.5 NAAQS for the
Delaware and Lebanon Areas must be
fully approved under section 110(k) of
the CAA. Section 110(k) of the CAA sets
out the requirements for EPA’s actions
on SIP revision submittals.
The September 4, 1992 Calcagni
memorandum describes EPA’s
interpretation of section 107(d)(3)(E)
with respect to the timing of applicable
requirements. Under this interpretation,
to qualify for redesignation, states
requesting redesignation to attainment
must meet only the relevant CAA
requirements that come due prior to the
submittal of a complete redesignation
request. See also Shapiro memorandum,
September 17, 1993, and 60 FR 12459,
12465–12466, (March 7, 1995)
(redesignation of Detroit-Ann Arbor).
Applicable requirements of the CAA
that come due subsequent to the area’s
submittal of a complete redesignation
request remain applicable until a
redesignation is approved but are not
required as a prerequisite to
redesignation. See CAA section 175A(c).
Sierra Club v. EPA, 375 F .3d 537 (7th
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Cir. 2004). See also 68 FR 25418, 25424
and 25427 (May 12, 2003)
(redesignation of the St. Louis/East St.
Louis area to attainment of the 1-hour
ozone NAAQS).
In the case of the Delaware and
Lebanon Areas, the base year emissions
inventory was due prior to
Pennsylvania’s submittal of the
complete redesignation requests for the
Areas. Therefore, the base year
inventories are applicable requirements.
The attainment plans, including RACM/
RACT, and contingency measures for
failure to attain or meet RFP, were also
due prior to Pennsylvania’s submittal of
complete redesignation requests for the
Areas. However, as described in detail
later in this rulemaking, clean data
determinations for the Areas suspended
these requirements for as long as the
Areas continues to meet the 2012
annual PM2.5 NAAQS. When the Areas
are redesignated to attainment, these
requirements are permanently
discharged.
Pennsylvania Has Met the Section 110
General Sip Requirements
Section 110(a)(2) of Title I of the CAA
delineates the general requirements for
a SIP, which include enforceable
emissions limitations and other control
measures, means, or techniques,
provisions for the establishment and
operation of appropriate devices
necessary to collect data on ambient air
quality, and programs to enforce the
limitations. The general SIP elements
and requirements set forth in section
110(a)(2) of the CAA include, but are
not limited to the following: (1)
Submittal of a SIP that has been adopted
by the state after reasonable public
notice and hearing; (2) provisions for
establishment and operation of
appropriate procedures needed to
monitor ambient air quality; (3)
implementation of a minor source
permit program; (4) provisions for the
implementation of part C requirements
(referred to as ‘‘prevention of significant
deterioration’’ or ‘‘PSD’’); (5) provisions
for the implementation of part D
requirements for nonattainment new
source review (referred to as ‘‘part D
NNSR,’’ ‘‘NNSR,’’ ‘‘nonattainment
NSR,’’ or ‘‘NSR’’) permit programs; (6)
provisions for air pollution modeling;
and (7) provisions for public and local
agency participation in planning and
emission control rule development.
EPA believes that the section 110(a)(2)
elements of the CAA not connected with
nonattainment plan submissions and
not linked with an area’s attainment
status are not applicable requirements
for purposes of redesignation. The Areas
will still be subject to these
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requirements after it is redesignated.
EPA concludes that section 110(a)(2) of
the CAA and part D requirements which
are linked with a particular area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request, and
that section 110(a)(2) elements of the
CAA not linked in the area’s
nonattainment status are not applicable
for purposes of redesignation. This
approach is consistent with EPA’s
existing policy on applicability of
conformity (i.e., for redesignations) and
oxygenated fuels requirement. See
Reading, Pennsylvania, proposed and
final rulemakings 61 FR 53174 (October
10, 1996); 62 FR 24826 (May 7, 1997);
Cleveland-Akron-Lorain, Ohio final
rulemaking 61 FR 20458 (May 7, 1996);
and Tampa, Florida final rulemaking 60
FR 62748 (December 7, 1995). See also
the discussion on this issue in the
Cincinnati, Ohio redesignation 65 FR
37879, 37890 (June 19, 2000) and in the
Pittsburgh, Pennsylvania redesignation
66 FR 53099 (October 19, 2001).
EPA has previously approved
provisions of Pennsylvania’s SIP
addressing section 110(a)(2)
requirements under section 110(k) of the
CAA, including provisions addressing
PM2.5. See 80 FR 26461 (May 8, 2015).
These requirements are, however,
statewide requirements that are not
linked to the PM2.5 nonattainment status
of the Areas. Therefore, EPA believes
that these SIP elements are not
applicable requirements for purposes of
review of Pennsylvania’s PM2.5
redesignation request.
Since PSD requirements will apply
after redesignation, areas being
redesignated must have an approved
PSD program. Once the Delaware and
Lebanon Areas are redesignated to
attainment, Pennsylvania’s PSD
program, and not NNSR, will become
effective in the Areas. Pennsylvania’s
PSD program, at 25 Pa. Code 127.81–
127.83, is approved into the
Pennsylvania SIP under CCA section
110(k). See 49 FR 33127 (August 21,
1984).
Areas seeking redesignation need not
comply with the requirement that a
NNSR program be approved prior to
redesignation, provided that the area
demonstrates maintenance of the
NAAQS without NNSR. A more detailed
rationale for this is described in the
Nichols memorandum. Nevertheless,
Pennsylvania’s NNSR program, codified
in the Commonwealth’s regulations at
25 Pa. Code 127.201 et seq., is approved
into the Pennsylvania SIP. See 77 FR
41276 (July 13, 2012).
Section 110(a)(2)(D) of the CAA
requires that SIPs contain certain
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measures to prevent sources in a state
from significantly contributing to air
quality problems in another state. To
implement this provision, EPA has
required certain states to establish
programs to address the interstate
transport of air pollutants in accordance
with the NOX SIP Call,1 amendments to
the NOX SIP Call, May 14, 1999 (64 FR
26298), and March 2, 2000 (65 FR
11222), and the Cross-State Air
Pollution Rule (CSAPR) 2 Update, 81 FR
74504 (October 26, 2016). However, a
state’s requirements under section
110(a)(2)(D) of the CAA are not linked
to a particular nonattainment area’s
designation and classification in that
state. The interstate transport SIP
submittal requirements, where
applicable, continue to apply to a state
regardless of the designation of any one
particular area in the state. Thus, EPA
does not believe that these requirements
are applicable requirements for
purposes of redesignation. See 65 FR
37890 (June 19, 2000), 66 FR 53094,
53099 (October 19, 2001), and 68 FR
25418, 25426–25427 (May 13, 2003).
EPA has reviewed the Pennsylvania
SIP and has concluded that it meets the
general SIP requirements under section
110(a)(2) of the CAA to the extent they
are applicable for purposes of
redesignation, namely a SIP-approved
PSD program.
1 On October 27, 1998 (63 FR 57356), EPA
finalized the ‘‘Finding of Significant Contribution
and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of
Reducing Regional Transport of Ozone’’—
commonly called the NOX SIP Call. The NOX SIP
call requires the District of Columbia and 22 states
to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. EPA
developed the NOX Budget Trading Program, an
allowance trading program that states could adopt
to meet their obligations under the NOX SIP Call.
The NOX Budget Trading Program allowed electric
generating units (EGUs) greater than 25 megawatts
and industrial non-electric generating units, such as
boilers and turbines, with a rated heat input greater
than 250 million British thermal units per hour
(MMBtu/hr), referred to as ‘‘large non-EGUs,’’ to
participate in a regional NOX cap and trade
program. The NOX SIP call also established
reduction requirements for other non-EGUs,
including cement kilns and stationary internal
combustion (IC) engines. NOX is a PM2.5 precursor.
2 On July 6, 2011, EPA finalized CSAPR, limiting
the interstate transport of emissions of nitrogen
oxides NOX and SO2 that contribute to harmful
levels of PM2.5 and ozone in downwind states. 76
FR 48208. CSAPR requires 28 states in the eastern
United States to reduce SO2, annual NOX and ozone
season NOX emissions from fossil fuel-fired power
plants that affect the ability of downwind states to
attain and maintain compliance with the 1997 and
2006 PM2.5 NAAQS and the 1997 ozone NAAQS.
The CSAPR achieves these reductions through
emissions trading programs. For more information
on CSAPR, please see the ‘‘Permanent and
Enforceable Controls Implemented’’ discussion of
in section of IV.C. of this rulemaking.
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Pennsylvania Has Met the Requirements
of Subpart 1 of Part D
Subpart 1 of part D of the CAA sets
forth the basic nonattainment plan
requirements applicable to PM2.5
nonattainment areas. Under section 172
of the CAA, states with nonattainment
areas must submit plans providing for
timely attainment and meet a variety of
other requirements.
EPA’s longstanding interpretation of
the nonattainment planning
requirements of section 172 is that once
an area is attaining the NAAQS, those
requirements are not ‘‘applicable’’ for
purposes of section 107(d)(3)(E)(ii) and
therefore need not be approved into the
SIP before EPA can redesignate the area.
In the 1992 General Preamble for
Implementation of Title I, EPA set forth
its interpretation of applicable
requirements for purposes of evaluating
redesignation requests when an area is
attaining a standard. See 57 FR 13498,
13564 (April 16, 1992). EPA noted that
the requirements for RFP and other
measures designed to provide for
attainment do not apply in evaluating
redesignation requests because those
nonattainment planning requirements
‘‘have no meaning’’ for an area that has
already attained the standard. Id. This
interpretation was also set forth in the
Calcagni memorandum. EPA’s
understanding of section 172 also forms
the basis of its Clean Data Policy, which
was articulated with regard to PM2.5 in
40 CFR 51.1015 and suspends a state’s
obligation to submit most of the
attainment planning requirements that
would otherwise apply, including an
attainment demonstration and planning
SIPs to provide for RFP, RACM, and
contingency measures under section
172(c)(9).3 Courts have upheld EPA’s
interpretation of section 172(c)(1)’s
‘‘reasonably available’’ control measures
and control technology as meaning only
those controls that advance attainment,
which precludes the need to require
additional measures where an area is
already attaining. NRDC v. EPA, 571
F.3d 1245, 1252 (D.C. Cir. 2009); Sierra
Club v. EPA, 294 F.3d 155, 162 (D.C.
Cir. 2002); Sierra Club v. EPA, 314 F.3d
735, 744 (5th Cir. 2002).
As stated previously, EPA determined
that the Delaware and Lebanon Areas
have attained the 2012 PM2.5 NAAQS in
‘‘clean data determinations.’’ See 81 FR
89868 (December 13, 2016), 82 FR 8499
(January 26, 2017), and 83 FR 9435
3 This regulation was promulgated as part of the
1997 PM2.5 NAAQS implementation rule that was
subsequently challenged and remanded in NRDC v.
EPA, 706 F.3d 428 (D.C. Cir. 2013), as discussed in
Section IV.B of this notice. However, the Clean Data
Policy portion of the implementation rule was not
at issue in that case.
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(March 6, 2018). Furthermore, as shown
in section IV.A of this rulemaking
notice, the Areas continue to attain the
2012 annual PM2.5 NAAQS. Therefore,
because attainment has been reached in
the Delaware and Lebanon Areas, no
additional measures are needed to
provide for attainment, and section
172(c)(1) requirements for an attainment
demonstration and RACM are no longer
considered to be applicable for purposes
of redesignation as long as the Areas
continues to attain the standard until
redesignation.
Section 172(c)(2)’s requirement that
nonattainment plans contain provisions
promoting reasonable further progress
toward attainment is also not relevant
for purposes of redesignation because
EPA has determined that the Delaware
and Lebanon Areas have monitored
attainment of the 2012 annual PM2.5
NAAQS. In addition, because the
Delaware and Lebanon Areas have
attained the 2012 annual PM2.5 NAAQS
and are no longer subject to RFP
requirements, the requirement to submit
the section 172(c)(9) contingency
measures is not applicable for purposes
of redesignation. Section 172(c)(6)
requires the SIP to contain control
measures necessary to provide for
attainment of the NAAQS. Because
attainment has been reached, no
additional measures are needed to
provide for attainment.
Section 172(c)(3) of the CAA requires
submission and approval of a
comprehensive, accurate and current
inventory of actual emissions. The
requirement under section 172(c)(3) was
not suspended by EPA’s clean data
determination for the 2012 annual PM2.5
NAAQS and is the only remaining
requirement under section 172 of the
CAA to be considered for purposes of
redesignation of the Delaware and
Lebanon Areas. Pennsylvania submitted
2011 base year emissions inventories for
the Delaware and Lebanon Areas for the
2012 annual PM2.5 NAAQS to EPA as
SIP revisions on May 5, 2017 and
September 25, 2017, respectively. The
inventories cover the general source
categories of point sources, nonroad
mobile sources, area sources and onroad mobile sources and include
emissions of PM2.5 and its precursors,
NOX, SO2, VOC, and NH3. The
inventories also included emissions of
coarse particulate matter (PM10). EPA
approved them as revisions to the
Pennsylvania SIP, under section 110(k)
of the CAA, on July 3, 2018 (83 FR
31064).
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified sources in an area, and section
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172(c)(5) requires source permits for the
construction and operation of new and
modified major stationary sources
anywhere in the nonattainment area. As
stated previously in this rulemaking
action, EPA has determined that, since
PSD requirements will apply after
redesignation, areas being redesignated
need not comply with the requirement
that a NNSR program be approved prior
to redesignation, provided that the area
demonstrates maintenance of the
NAAQS without NNSR. A more detailed
rationale for this view is described in
the Nichols memorandum.
Nevertheless, Pennsylvania’s SIPapproved NNSR program is codified in
the Commonwealth’s regulations at 25
Pa. Code 127.201 et seq. See 77 FR
41276 (July 13, 2012) (approving NNSR
program into the SIP). Pennsylvania’s
PSD program, at 25 Pa. Code 127.81–
127.83, is also approved into the
Pennsylvania SIP. See 49 FR 33127
(August 21, 1984). Once the Delaware
and Lebanon Areas are redesignated to
attainment, Pennsylvania’s PSD
program, and not NNSR, will become
effective in the Areas.
Section 172(c)(7) of the CAA requires
the SIP to meet the applicable
provisions of section 110(a)(2) of the
CAA. As noted previously,
Pennsylvania SIP revisions meet the
requirements of section 110(a)(2) of the
CAA that are applicable for purposes of
redesignation.
Section 175A of the CAA requires a
state seeking redesignation to
attainment to submit a SIP revision to
provide for the maintenance of the
NAAQS in the area ‘‘for at least 10 years
after the redesignation.’’ In conjunction
with its requests to redesignate the
Areas to attainment, Pennsylvania
submitted SIP revisions to provide for
maintenance of the 2012 annual PM2.5
NAAQS in the Delaware and Lebanon
Area for at least 10 years after
redesignation, through 2030.
Pennsylvania is requesting that EPA
approve these SIP revisions as meeting
the requirement of section 175A of the
CAA. Once approved, the maintenance
plan for the Areas will ensure that the
SIP for Pennsylvania meets the
requirements of the CAA regarding
maintenance of the 2012 annual PM2.5
NAAQS for the Areas. EPA’s analysis of
the maintenance plan is provided in
Section IV.D of this proposed
rulemaking action.
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that Federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
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transportation plans, programs, and
projects developed, funded or approved
under Title 23 of the United States Code
(U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to
all other Federally supported or funded
projects (general conformity). State
transportation conformity SIP revisions
must be consistent with Federal
conformity regulations relating to
consultation, enforcement and
enforceability, which EPA promulgated
pursuant to its authority under the CAA.
EPA interprets the conformity SIP
requirements 4 as not applicable for
purposes of evaluating a redesignation
request under section 107(d) because
state conformity rules are still required
after redesignation and Federal
conformity rules apply where state
conformity rules have not been
approved. See Wall v. EPA, 265 F .3d
426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748
(December 7, 1995) (redesignation of
Tampa, Florida). Regardless, EPA
approved Pennsylvania’s transportation
conformity SIP requirements on April
29, 2009 (74 FR 19541).
EPA concludes that Pennsylvania has
met the requirements of subpart 1 of
part D relevant for redesignation.
Specifically, pursuant to section 110(k)
of the CAA, EPA has approved
Pennsylvania’s base year inventories for
the Areas into the Pennsylvania SIP.
Pennsylvania Has Met the Requirements
of Subpart 4 of Part D
A January 4, 2013, U.S. Court of
Appeals for the District of Columbia
Circuit decision 5 stated that EPA must
implement PM2.5 NAAQS pursuant to
subpart 4 of part D of the CAA, which
contains provisions specifically
concerning PM10 nonattainment areas.
Section 189 in subpart 4 sets out the
requirements for PM10 and PM2.5
nonattainment areas. Section 189(a)
contains the SIP revision requirements
for moderate PM10 and PM2.5
nonattainment areas, including the
requirements for the state to submit an
attainment demonstration, RACM
(including (RACT) for stationary
sources). Section 189(c) contains
requirements for RFP, quantitative
milestones and quantitative milestone
reports.
4 CAA section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
Federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from SIPs requiring
the development of MVEBs, such as control strategy
SIPs and maintenance plans.
5 Natural Resources Defense Council v. EPA, 706
F. 3d 428 (D.C. Cir. 2013).
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33891
As with the requirements of section
172(c), explained previously in this
proposed rulemaking notice, the
requirements of sections 189(a) and
189(c) are no longer considered to be
applicable for purposes of redesignation
as long as the Areas continue to attain
the standard. Because attainment has
been reached, no additional measures
are needed to provide for attainment.
EPA’s clean data determinations for the
Delaware and Lebanon Areas suspended
the requirements for the state to submit
an attainment demonstration, RACM
and RACT, RFP, quantitative
milestones, and quantitative milestone
reports until such time as the Areas are
redesignated to attainment, after which
such requirements are permanently
discharged. See 81 FR 89868 (December
13, 2016), 82 FR 8499 (January 26, 2017,
and 83 FR 9435 (March 6, 2018).
EPA concludes that Pennsylvania has
met the requirements of subpart 4 of
part D relevant for redesignation.
Specifically, pursuant to section 110(k)
of the CAA, EPA has approved
Pennsylvania’s base year inventories for
the Areas into the Pennsylvania SIP.
Pennsylvania Has a Fully Approved
Applicable SIP Under Section 110(k) of
the CAA
At various times, Pennsylvania
adopted and submitted, and EPA has
approved, provisions addressing the
various SIP elements applicable for the
PM2.5 NAAQS. EPA may rely on prior
SIP approvals in approving a
redesignation request (see the Calcagni
memorandum at page 3; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–990 (6th
Cir. 1998); Wall v. EPA, 265 F.3d 426
(6th Cir. 2001)), plus any additional
measures it may approve in conjunction
with a redesignation action (see 68 FR
25418, 25426 (May 12, 2003) and
citations therein).
As discussed previously, EPA has
fully approved Pennsylvania’s SIP for
the Delaware and Lebanon Areas under
section 110(k) for all requirements
applicable under section 110 general
SIP requirements, and subparts 1 and 4
of part D for purposes of redesignation
under the 2012 annual PM2.5 NAAQS.
EPA has previously approved
Pennsylvania’s 2011 emissions
inventories for the Delaware and
Lebanon Areas as meeting the
requirement of section 172(c)(3) of the
CAA. See 83 FR 31064 (July 3, 2018).
EPA also previously approved
Pennsylvania’s PSD program required
under section 110 of the CAA. See 49
FR 33127 (August 21, 1984). No
Delaware and Lebanon Areas SIP
provisions are currently disapproved,
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conditionally approved, or partially
approved. Therefore, the Administrator
has fully approved the applicable
requirements for the Delaware and
Lebanon Areas under section 110(k) in
accordance with section 107(d)(3)(E)(ii).
C. Are the air quality improvements in
the Delaware and Lebanon Areas due to
permanent and enforceable emission
reductions?
For redesignating a nonattainment
area to attainment, section
107(d)(3)(E)(iii) of the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the SIP and
applicable Federal air pollution control
regulations and other permanent and
enforceable reductions.
In making this demonstration for the
Delaware and Lebanon Areas,
Pennsylvania has calculated the change
in emissions of PM2.5 and its precursors
between 2011, which is a year used to
designate the Areas as nonattainment
(i.e., the base year), and 2014, which is
one of the years the Areas monitored
attainment (i.e., the attainment year), as
shown in Tables 3 and 4. The reduction
in emissions in tons per year (tpy), and
the corresponding improvement in air
quality from 2011 to 2014 in the Areas
can be attributed to a number of
regulatory control measures that have
been implemented in the Areas and
contributing areas in recent years.
TABLE 3—2011 TO 2014 EMISSION REDUCTIONS IN DELAWARE COUNTY
[tpy]
2011
Base year
Sector
2014
Attainment
year
Difference
2011–2014
PM2.5
Point .............................................................................................................................................
Area .............................................................................................................................................
Onroad .........................................................................................................................................
Nonroad .......................................................................................................................................
1,497
999
179
122
624
999
136
97
873
0
43
25
Total ......................................................................................................................................
2,797
1,856
941
Point .............................................................................................................................................
Area .............................................................................................................................................
Onroad .........................................................................................................................................
Nonroad .......................................................................................................................................
4,976
2,055
31
3
1,924
708
31
2
3,052
1,347
0
1
Total ......................................................................................................................................
7,065
2,665
4,400
Point .............................................................................................................................................
Area .............................................................................................................................................
Onroad .........................................................................................................................................
Nonroad .......................................................................................................................................
7,642
2,876
5,643
1,124
5,181
2,385
4,652
783
2,461
491
991
341
Total ......................................................................................................................................
17,285
13,001
4,284
Point .............................................................................................................................................
Area .............................................................................................................................................
Onroad .........................................................................................................................................
Nonroad .......................................................................................................................................
1,393
6,779
3,000
1,788
1,410
7,396
2,534
1,145
¥17
¥617
466
643
Total ......................................................................................................................................
12,960
12,485
475
Point .............................................................................................................................................
Area .............................................................................................................................................
Onroad .........................................................................................................................................
Nonroad .......................................................................................................................................
218
206
130
2
201
179
118
2
17
27
12
0
Total ......................................................................................................................................
556
500
56
SO2
NOX
VOC
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TABLE 4—2011 TO 2014 EMISSION REDUCTIONS IN LEBANON COUNTY
[tpy]
2011
Base year
Sector
2014
Attainment
year
Difference
2011–2014
PM2.5
Point .............................................................................................................................................
Area .............................................................................................................................................
Onroad .........................................................................................................................................
Nonroad .......................................................................................................................................
81
1,287
92
62
120
1,088
87
47
¥39
199
5
15
Total ......................................................................................................................................
1,522
1,342
180
Point .............................................................................................................................................
Area .............................................................................................................................................
Onroad .........................................................................................................................................
Nonroad .......................................................................................................................................
278
374
11
2
229
368
11
1
49
6
0
1
Total ......................................................................................................................................
665
609
56
Point .............................................................................................................................................
Area .............................................................................................................................................
Onroad .........................................................................................................................................
Nonroad .......................................................................................................................................
690
869
2,937
616
549
1,258
3,131
505
141
¥389
¥194
111
Total ......................................................................................................................................
5,112
5,443
-331
Point .............................................................................................................................................
Area .............................................................................................................................................
Onroad .........................................................................................................................................
Nonroad .......................................................................................................................................
182
5,924
1,332
668
220
6,657
1,183
316
¥38
¥733
149
352
Total ......................................................................................................................................
8,106
8,376
¥270
Point .............................................................................................................................................
Area .............................................................................................................................................
Onroad .........................................................................................................................................
Nonroad .......................................................................................................................................
17
3,843
49
1
22
2,251
44
1
¥5
1,592
5
0
Total ......................................................................................................................................
3,910
2,318
1,592
SO2
NOX
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NH3
In Delaware County, emissions of
PM2.5 and all precursors decreased from
2011 to 2014. In Lebanon County, while
emissions of PM2.5, SO2, and NH3
decreased, emissions of NOX and VOC
increased from the 2011 base year to the
2014 attainment years. However, in
Lebanon County, despite the modest
increases in NOX and VOC emissions,
total emissions of PM2.5 and its
precursors have decreased by over 1200
tpy. Emissions in Delaware County have
decreased by over 10,000 tpy in the
same time period. The reduction in
emissions and the corresponding
improvement in air quality over this
period can be attributed to a number of
regulatory control measures that the
Delaware and Lebanon Areas and
contributing areas have implemented in
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recent years, which are described
further below.
Permanent and Enforceable Controls
Implemented
Reductions in directly emitted fine
particles and fine particle precursor
emissions have occurred statewide and
in upwind areas because of state and
Federal emission control measures, with
additional emission reductions expected
to occur in the future. This section
contains a discussion of permanent and
enforceable measures that have been
implemented in the Delaware and
Lebanon Areas.
Stationary Source Measures
NOX SIP Call: On October 27, 1998
(63 FR 57356), EPA issued the NOX SIP
Call requiring the District of Columbia
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and 22 states to reduce emissions of
NOX, a precursor to ozone pollution.6
Affected states were required to comply
with Phase I of the SIP Call beginning
in 2004 and Phase II beginning in 2007.
Emission reductions resulting from
regulations developed in response to the
NOX SIP Call are permanent and
enforceable. By imposing an emissions
cap regionally, the NOX SIP Call
reduced NOX emissions from large
EGUs and large non-EGUs such as
industrial boilers, internal combustion
engines, and cement kilns. In response
to the NOX SIP Call, Pennsylvania
6 Although the NO SIP Call was issued in order
X
to address ozone pollution, reductions of NOX as a
result of that program have also impacted PM2.5
pollution, for which NOX is also a precursor
emission.
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adopted its NOX Budget Trading
Program regulations for EGUs and large
industrial boilers, with emission
reductions starting in May 2003.
Pennsylvania’s NOX Budget Trading
Program regulation was approved into
the Pennsylvania SIP on August 21,
2001 (66 FR 43795). To meet other
requirements of the NOX SIP Call,
Pennsylvania adopted NOX control
regulations for cement plants and
internal combustion engines, with
emission reductions starting in May
2005. These regulations were approved
into the Pennsylvania SIP on September
29, 2006 (71 FR 57428).
Clean Air Interstate Rule (CAIR) and
Cross State Air Pollution Rule (CSPAR):
CAIR, which was promulgated on May
12, 2005 (70 FR 25162), and
subsequently revised on April 28, 2006,
and December 13, 2006, created regional
cap-and-trade programs to reduce SO2
and NOX emissions in 28 eastern states,
including Pennsylvania. In 2009, the
CAIR ozone season NOX trading
program superseded the NOX Budget
Trading Program, although the emission
reduction obligations of the NOX SIP
Call were not rescinded. See 40 CFR
51.121(r) and 51.123(aa). On May 23,
2008, Pennsylvania submitted a full
CAIR SIP revision to meet the
requirements of CAIR. Pennsylvania’s
CAIR SIP revision addressed all the
requirements of CAIR rulemaking and
also modified other requirements in
Pennsylvania’s SIP that interact with
CAIR. EPA approved the
Commonwealth’s CAIR regulation,
codified in 25 Pa. Code Chapter 145,
Subchapter D, into the Pennsylvania SIP
on December 10, 2009 (74 FR 65446). In
Pennsylvania’s CAIR SIP revision,
Pennsylvania terminated its NOX
Budget Trading Program and
transitioned to the Federal CAIR for
large electric generating units (EGU).
On July 6, 2011, EPA finalized CSAPR
as a replacement for CAIR. CSAPR
became effective on January 1, 2015, for
SO2 and annual NOX, and May 1, 2015,
for ozone season NOX. 76 FR 48208.
EPA estimated CSAPR will reduce EGU
SO2 emissions by 73% and NOX
emissions by 54% from 2005 levels in
the CSAPR region, which includes
Pennsylvania. On September 7, 2016,
EPA finalized the CSAPR Update,
which reduced Pennsylvania’s ozone
season NOX trading budget from 51,912
tons to 17,952 tons of ozone season
allowances, reduced Pennsylvania’s
ozone season NOX emissions variability
limit from 10,902 tons to 3,770 tons, and
reduced Pennsylvania’s NOX ozone
season new unit set-aside from 1,038
tons to 541 tons. 81 FR 74504 (October
26, 2016).
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Because CSAPR is a Federal
implementation plan (FIP), states are
not required to develop their own
CSAPR rules. EPA sets an emissions
budget for each of the states covered by
CSAPR, including Pennsylvania.
Allowances to emit pollution are
allocated to affected sources based on
each state’s emissions budget. The rule
provides flexibility to affected sources,
allowing sources in each state to
determine their own compliance path.
This includes adding or operating
control technologies, upgrading or
improving controls, switching fuels, and
using allowances. Sources can buy and
sell allowances and bank allowances for
future use as long as each source holds
enough allowances to account for its
emissions by the end of the compliance
period.
NOX Budget Trading Program Limits
on Non-EGUs: Pennsylvania’s CAIR SIP
revision also established emission limits
for the non-EGUs and other units that
were subject to the Commonwealth’s
NOX Budget Trading Program but are
not subject to the CAIR NOX Ozone
Season Trading Program. These units
must continue monitoring NOX
emissions and must meet an emissions
cap. Pennsylvania’s regulation, codified
in 25 Pa. Code § 145.8(d), was approved
by EPA as a SIP revision on December
10, 2009, and codified at 40 CFR
52.2020(c)(1).
Cement Kilns and Large Stationary
Internal Combustion Engines:
Pennsylvania’s CAIR SIP revision also
included regulations updating the
cement manufacturing and large
stationary internal combustion engine
regulations that were adopted pursuant
to the NOX SIP Call. Until 2009, cement
kilns and large stationary internal
combustion engines that were subject to
the NOX SIP Call were required to
surrender NOX SIP Call allowances if
they exceeded their NOX emission
limits set forth in Pennsylvania’s
regulations. Because Pennsylvania
discontinued the NOX Budget Trading
Program beginning 2009, at which point
NOX SIP Call allowances were replaced
by CAIR NOX ozone season allowances,
Pennsylvania modified the regulations
to require surrender of CAIR NOX ozone
season and CAIR NOX annual
allowances for emission limit
exceedances. Pennsylvania’s regulations
for large stationary internal combustion
engines and cement kilns, codified in 25
Pa. Code Chapter 145, Subchapters B
and C, respectively, were approved by
EPA as a SIP revision on December 10,
2009, and codified at 40 CFR
51.2020(c)(1). An amendment to
Pennsylvania’s regulation for cement
kilns to reduce NOX emissions effective
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April 15, 2011, codified in 25 Pa. Code
Chapter 145, Subchapter C, was
subsequently approved by EPA as a SIP
revision on July 19, 2011, and codified
at 40 CFR 51.2020(c)(1).
Federal Standards for Hazardous Air
Pollutants: As required by the CAA,
EPA developed Maximum Available
Control Technology (MACT) Standards
to regulate emissions of hazardous air
pollutants from a published list of
industrial sources referred to as ‘‘source
categories.’’ The MACT standards have
been adopted and incorporated by
reference in Section 6.6 of
Pennsylvania’s Air Pollution Control
Act and implementing regulations in 25
Pa. Code § 127.35 and are also included
in Federally enforceable permits issued
by PADEP for affected sources.
NNSR: Major facilities proposed in
Pennsylvania are subject to NNSR
requirements in nonattainment areas
and PSD requirements in areas of the
Commonwealth designated attainment
for NAAQS including carbon monoxide
(CO), PM, lead, SO2, ozone and nitrogen
dioxide (NO2). Generally, NSR permit
requirements are applicable to a facility
located in a nonattainment area for a
particular pollutant with a potential to
emit 50 tpy or more of VOCs or 100 tpy
or more of NOX, SO2, PM or CO. It
should be noted that the entire
Commonwealth is included in the
Ozone Transport Region pursuant to
section 184 of the CAA, and is treated
as a moderate ozone nonattainment
area, irrespective of the area’s
attainment status. Any major stationary
source or major modification subject to
the NSR requirements must receive a
plan approval, which requires the
source to, among other things, offset its
potential to emit air contaminants
including NOX, PM and VOCs by
securing emission reduction credits at
the specified offset ratio, employ the
‘‘lowest achievable emission rate’’
(LAER) for each regulated pollutant and
conduct an alternative analysis. The
nonattainment NSR requirements are
codified in 25 Pa. Code chapter 127,
subchapter E and approved by EPA as
a revision to the Commonwealth’s SIP
on December 9, 1997 (62 FR 64722), and
May 14, 2012 (77 FR 28261). See 40 CFR
52.2020(e)(1).
PSD: The PSD program is a preconstruction review and permitting
program applicable to new or modified
major stationary sources subject to title
I, parts C of the CAA. The PSD
requirements are applicable to major
sources in areas attaining the NAAQS.
The Federal PSD regulations codified in
40 CFR part 52 are incorporated by
reference in their entirety in 25 Pa. Code
§ 127.83. Pennsylvania’s PSD
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regulations, codified in 25 Pa. Code
Chapter 127, subchapter D, were
approved by EPA on August 21, 1984,
and codified at 40 CFR 52.2058 (49 FR
33127). PSD permit requirements may
apply to a facility located in an
attainment with the potential to emit
100 tpy or 250 tpy of the six criteria
pollutants including lead, CO, NO2,
ozone, PM and SO2 depending on the
source category. Any major stationary
source or major modification subject to
the PSD requirements must establish the
best available control technology
(BACT). In addition, the owner or
operator of a facility needs to conduct
an ambient air quality analysis, analyze
the impacts to soils, vegetation and
visibility and make sure that the project
will not adversely impact mandatory
Federal Class I areas including national
parks greater than 6,000 acres and
national wilderness areas and national
memorial parks greater than 5,000 acres.
In addition, pursuant to 25 Pa. Code
§ 127.1, the emissions of air pollutants
from new sources in Pennsylvania must
be controlled to the maximum extent,
consistent with Best Available
Technology (BAT), as determined by the
Department as of the date of issuance of
the plan approval for the new source.
PADEP determines BAT requirements
on a case-by-case basis for both major
and minor stationary sources
considering energy, environmental
benefits and costs. Under 25 Pa. Code
§ 127.12(a)(5), an application for a plan
approval must show that the emissions
from a new source will be the minimum
attainable through the use of BAT.
Pennsylvania regulations define ‘‘best
available technology’’ in 25 Pa. Code
§ 121.1 as, ‘‘Equipment, devices,
methods or techniques as determined by
the Department which will prevent,
reduce or control emissions of air
contaminants to the maximum degree
possible and which are available or may
be made available.’’ PADEP’s BAT
regulations, codified in 25 Pa. Code
§§ 127.1 and 127.12(a)(5), were
approved by EPA on July 30, 1996 (61
FR 39594).
Sunoco Marcus Hook Shutdown—
Delaware County Only
In addition to the stationary, mobile,
nonroad, and area emissions control
measures list in this section, emissions
in Delaware County were reduced as a
result of the permanent shutdown of the
largest emitting point source in the
county. The Sunoco, Inc. Marcus Hook
Refinery facility, located three miles
southwest of the Chester monitoring
site, shut down and permanently ceased
all crude petroleum refining operations,
effective December 31, 2011. In the
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Delaware County redesignation request,
Pennsylvania reports that, due to this
permanent shutdown of the refining
operations, emissions from the facility
were reduced by more than 4,500 tons
(2,044 tpy oxides of sulfur, 1,490 oxides
of nitrogen, 674 tpy PM2.5, 320 tpy VOC,
and 3 tpy NH3) from the 2011 base year.
Mobile Sources
Federal Motor Vehicle Control
Programs (FMVCP) and Pennsylvania
Clean Vehicles Program for Passenger
Vehicles and Light-Duty Trucks and
Cleaner Gasoline: Tier 1 tailpipe
standards established by the CAA
Amendments of 1990, under section
202(g) of the CAA, include NOX and
VOC limits for light-duty gasoline
vehicles and light-duty gasoline trucks.
In 1994, these standards began to be
phased in. Evaporative VOC emissions
were reduced in gasoline-powered cars
starting with Model Year (MY) 1998. In
1998, Pennsylvania adopted the
Pennsylvania Clean Vehicles Program,
which incorporates by reference certain
California Low Emission Vehicle (CA
LEV) emission standards for passenger
cars and light-duty trucks. As required
under section 177 of the CAA, these
provisions are identical to the low
emission standards adopted by
California. The Pennsylvania Clean
Vehicles Program does not incorporate
by reference the California zero
emissions vehicle (ZEV) or emissions
control warranty systems statement
provisions. In the same rulemaking,
Pennsylvania adopted the National Low
Emission Vehicle (NLEV) program as a
compliance alternative to the
Pennsylvania Clean Vehicles Program.
The NLEV program became effective in
the Ozone Transport Region (OTR) in
1999. Pennsylvania’s New Motor
Vehicle Emissions Control Program
regulations allowed automobile
manufacturers to comply with NLEV
instead of the CA LEV program through
MY 2005. These regulations affected
vehicles 6,000 pounds and less.
Pennsylvania’s New Motor Vehicle
Emissions Control Program regulations,
which include the Pennsylvania Clean
Vehicles Program, are codified in 25 Pa.
Code §§ 126.401–126.441, and are
approved into the Pennsylvania SIP. See
77 FR 3386 (January 24, 2012).
In 1999, EPA promulgated regulations
more stringent than NLEV (Tier 2),
starting with model year (MY) 2004. The
NLEV program was replaced for MY
2004 and later by the more stringent
Federal Tier 2 vehicle emissions
regulations (65 FR 6698, February 10,
2000), and vehicle manufacturers
operating under the NLEV program
became subject to the Tier 2
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33895
requirements. Pennsylvania amended
the former New Motor Vehicle
Emissions Control Program in 2006. The
Clean Vehicles Program continues to
incorporate the CA LEV program by
reference. As amended, the program
affects MY 2008 and newer passenger
cars and light-duty trucks. EPA
approved Pennsylvania’s Clean Vehicles
Program as a revision to the
Commonwealth’s SIP on January 24,
2012 (77 FR 3386).
Heavy-Duty Diesel Control Programs:
On January 18, 2001, EPA promulgated
regulations for heavy-duty engines and
vehicles (over 14,000 pounds) starting
with MY 2004. 66 FR 5002. In 2002,
Pennsylvania adopted the Heavy-Duty
Diesel Emissions Control Program for
model years starting after May 2004.
The program incorporates California
standards by reference and requires MY
2005 and subsequent new heavy-duty
diesel highway engines to be those
certified by California. On October 6,
2000, EPA adopted new emission
standards for heavy-duty engines and
vehicles for MY 2007 and subsequent
years. 65 FR 59896. For diesel engines,
the standards were phased in from 2007
to 2010 for NOX and VOCs. For gasoline
engines, the standards were phased in
during MY 2008 and 2009. Federal and
California standards are virtually
identical for MY 2007. For MY 2008,
California adopted requirements for
idling restriction engine programming
and an optional ‘‘clean NOX idle’’
standard. Because the new engine
standards are adversely affected by
sulfur in fuel, EPA also required most
highway diesel fuel to contain no more
than 15 parts per million (ppm) of
sulfur, beginning in the fall of 2006. In
addition, Federal heavy-duty
greenhouse gas standards (76 FR 57106,
September 15, 2011), which began
phasing in with the MY 2014, will result
in decreased energy consumption rates
and decreased refueling emissions.
Vehicle Emission Inspection/
Maintenance Program: In early 2004,
Pennsylvania expanded its Vehicle
Emission Inspection/Maintenance (I/M)
Program. Delaware County falls under
Pennsylvania’s ‘‘Philadelphia’’ program
(which also includes Bucks, Chester,
Montgomery and Philadelphia
Counties), while Lebanon County falls
under Pennsylvania’s ‘‘South Central
Region’’ program (which also includes
Berks, Cumberland, Dauphin, Lancaster,
Lehigh, Northampton, and York
Counties). Both programs apply to
gasoline-powered vehicles 9,000 pounds
and under, MY 1975 and newer. For
vehicles MY 1996 and newer, the
programs consist of an annual on-board
diagnostic test and a gas cap pressure
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test. For subject vehicles MY 1995 and
older, the programs consist of an annual
visual inspection of pollution control
devices to ensure they are present,
connected and the proper type for the
vehicle, as well as a gas cap pressure
test. In addition, the Philadelphia area
program requires dynamometer testing
on certain MY 1995 and older vehicles.
However, the dynamometer testing is
being phased out, with the vehicles
dropping out each year. By 2021, the
dynamometer testing will be completely
phased out for all vehicles MY 1995 and
older, and these vehicles will receive
the same tests as in the South Central
Region program. These regulations can
be found in 67 Pa. Code Chapter 177.
Pennsylvania submitted the expanded
emissions program to EPA as a SIP
revision on December 1, 2003. EPA
approved the SIP revision on October 6,
2005 (70 FR 58313).
Low Sulfur Gasoline: The 1999
Federal Tier 2 regulations (65 FR 6698,
February 10, 2000) reduced the sulfur
content of gasoline by up to 90 percent,
enabling the use of new emission
control technologies in cars and trucks
that reduce harmful air pollution.
Requirements for use of low-sulfur
gasoline enabled use of advanced
emission control systems in light-duty
vehicles beginning in MY 2004.
Vehicles meeting Tier 2 emission
standards are 77 to 95 percent cleaner
than earlier models. On April 28, 2014,
EPA promulgated a regulation adopting
more stringent vehicle standards and
reducing sulfur limits in gasoline
further with the Tier 3 Motor Vehicle
Emission and Fuel Standards program
(79 FR 23414). The rule was effective on
June 27, 2014. The Tier 3 program
requires the annual average content of
sulfur in gasoline to be reduced to 10
ppm, effective January 1, 2017. By 2030,
when fully implemented, this program
will increase the effectiveness of vehicle
emission controls even further and
reduce onroad emissions of NOX by 25
percent, direct particulate matter by 10
percent and VOCs by 16 percent. The
rule will also significantly reduce
emissions of carbon monoxide and
hazardous air pollutants including
acrolein, benzene, formaldehyde and
acetaldehyde.
Nonroad Sources
EPA has adopted a series of
regulations affecting new dieselpowered (compression ignition) and
gasoline-powered (spark ignition)
nonroad engines of various sizes and
applications. On June 29, 2004, EPA
adopted a rule establishing a
comprehensive national program to
reduce emissions from nonroad diesel
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engines (69 FR 38958). The rule phased
in requirements for reducing the sulfur
content of diesel used in nonroad diesel
engines. The reduction in fuel sulfur
content prevents damage to the more
advanced emission control systems
needed to meet the engine standards; it
will also reduce fine particulate
emissions from diesel engines. In 2007,
fuel sulfur levels were limited to 500
ppm for nonroad applications other
than ocean-going marine vessels. In
2010, fuel sulfur levels were reduced to
the same sulfur concentration as in
highway fuel, 15 ppm; effective in 2012
to locomotive and marine diesel fuel.
See 70 FR 70498 (November 22, 2015)
and 71 FR 25706 (May 1, 2006). On
April 30, 2010, EPA adopted changes to
the nonroad diesel fuel program to
allow for the production and sale of
diesel fuel with up to 1,000 ppm sulfur
for use in Category 3 marine vessels. 75
FR 22896
Area Sources
Low Sulfur Fuel Oil: Pennsylvania’s
low sulfur fuel rule limits the sulfur
content of No. 2 fuel oil to 500 ppm, No.
4 fuel oil to 2,500 ppm and Nos. 5 and
6 fuel oils to 5,000 ppm. Compliance
with the lower sulfur content limits
began on July 1, 2016. Pennsylvania
estimated statewide SO2 emission
reductions of approximately 21,000 tons
per year from this rule. These emission
reductions will allow the
Commonwealth to attain and maintain
the PM2.5 standards and improve
visibility. The final-form regulation was
submitted to EPA for approval as a SIP
revision on February 26, 2013. EPA
approved this rule into Pennsylvania’s
SIP on July 10, 2014 (79 FR 39330).
Consumer Products: Pennsylvania’s
statewide regulation applies to any
person who sells, supplies, offers for
sale, or manufactures certain consumer
products on or after January 1, 2005, for
use in the Commonwealth. The
Consumer Products program is codified
in 25 Pa. Code Chapter 130, Subchapter
B. It was submitted to EPA as a SIP
revision on March 26, 2003 and
approved on December 8, 2004 (69 FR
70895). Amendments to the Consumer
Products regulations were adopted on
October 11, 2008, submitted to EPA as
a SIP revision on March 11, 2009, and
approved on October 18, 2010 (75 FR
63717).
Adhesives, Sealants, Primers and
Solvents: Pennsylvania adopted a
regulation in 2010 to control VOC
emissions from adhesives, sealants,
primers and solvents. EPA approved
this regulation as a SIP revision on
September 26, 2012 (77 FR 59090).
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Conclusion: EPA has reviewed this
suite of measures and the emission
reductions achieved in the Delaware
and Lebanon Areas between 2011 and
2014 (summarized in Table 3 and 4) and
determined that the Areas did attain the
2012 annual PM2.5 NAAQS due to
permanent and enforceable measures.
D. Does Pennsylvania have fully
approvable maintenance plans for the
Delaware and Lebanon Areas?
In conjunction with Pennsylvania’s
requests to redesignate the Delaware
and Lebanon Areas to attainment,
Pennsylvania submitted SIP revisions to
provide for maintenance of the 2012
annual PM2.5 NAAQS in the Areas
through 2030. EPA is proposing to
approve Pennsylvania’s maintenance
plans in this rulemaking action. If this
proposed action is finalized, the Areas
will have approved maintenance plans.
Maintenance Plan Requirements
Section 175A of the CAA sets forth
the required elements of a maintenance
plan for areas seeking redesignation
from nonattainment to attainment.
Under section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least ten
years after EPA approves a
redesignation to attainment. Eight years
after redesignation, the state must
submit a revised maintenance plan
which demonstrates that attainment will
continue to be maintained for ten years
following the initial 10-year
maintenance period. To address the
possibility of future NAAQS violations,
the maintenance plan must contain
contingency measures with a schedule
for implementation as EPA deems
necessary to assure prompt correction of
any future PM2.5 NAAQS violations.
The Calcagni memorandum provides
additional guidance on the content of a
maintenance plan. It states that a
maintenance plan should address the
following items: The attainment
emissions inventory, a maintenance
demonstration showing maintenance for
the 10 years of the maintenance period,
a commitment to maintain the existing
monitoring network, factors and
procedures to be used for verification of
continued attainment of the NAAQS,
and a contingency plan to prevent or
correct future violations of the NAAQS.
As discussed in detail in the
following section, Pennsylvania’s
maintenance plan submissions
document that the Delaware and
Lebanon Areas’ emissions inventories
show that the areas will remain below
the attainment year inventories through
2030, more than ten years after
redesignation.
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Attainment Inventory
The Calcagni memorandum indicates
that states requesting redesignation to
attainment should develop an
attainment emissions inventory in order
to identify the level of emissions in the
area that is sufficient to attain the
NAAQS. The attainment inventory
should be consistent with EPA’s most
recent guidance on emission inventories
for nonattainment areas available at the
time and should include the emissions
during the time period associated with
monitoring data showing attainment.
Pennsylvania developed attainment
year emissions inventories for the
Delaware and Lebanon Areas for 2014,
one of the years in the period during
which the Areas first monitored
attainment of the 2012 annual PM2.5
NAAQS. The attainment year
inventories include emissions of PM2.5,
NOX, SO2, VOC, NH3, and PM10. The
attainment levels of emissions are
summarized in Tables 5 and 6, along
with future maintenance projections.
Note that these tables do not include
emissions of PM10, as it is not a
precursor to PM2.5.
TABLE 5—DELAWARE COUNTY EMISSIONS INVENTORY MAINTENANCE DEMONSTRATION
[tpy]
2014
Attainment
Sector
2022
Interim
2030
Maintenance
Difference
2014–2022
Difference
2014–2030
PM2.5
Point .....................................................................................
Area ......................................................................................
Onroad .................................................................................
Nonroad ...............................................................................
624
999
136
97
635
1,030
79
74
684
1,050
53
66
¥11
¥31
57
23
¥60
¥51
83
31
Total ..............................................................................
1,856
1,818
1,853
38
3
SO2
Point .....................................................................................
Area ......................................................................................
Onroad .................................................................................
Nonroad ...............................................................................
1,924
708
31
2
1,896
194
11
1
1,896
164
10
1
28
514
20
1
28
544
21
1
Total ..............................................................................
2,665
2,102
2,071
563
594
NOX
Point .....................................................................................
Area ......................................................................................
Onroad .................................................................................
Nonroad ...............................................................................
5,181
2,385
4,652
783
5,690
2,110
2,016
524
5,784
2,008
956
459
¥509
275
2,636
259
¥603
377
3,696
324
Total ..............................................................................
13,001
10,340
9,207
2,661
3,794
VOC
Point .....................................................................................
Area ......................................................................................
Onroad .................................................................................
Nonroad ...............................................................................
1,410
7,396
2,534
1,145
1,501
7,393
1,354
953
1,508
7,421
816
943
¥91
3
1,180
192
¥98
¥25
1,718
202
Total ..............................................................................
12,485
11,201
10,688
1,284
1,797
NH3
Point .....................................................................................
Area ......................................................................................
Onroad .................................................................................
Nonroad ...............................................................................
201
179
118
2
165
157
89
2
171
153
88
2
36
22
29
0
30
26
30
0
Total ..............................................................................
500
413
414
87
86
TABLE 6—LEBANON COUNTY EMISSIONS INVENTORY MAINTENANCE DEMONSTRATION
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[tpy]
2014
Attainment
Sector
2022
Interim
2030
Maintenance
Difference
2014–2022
Difference
2014–2030
PM2.5
Point .....................................................................................
Area ......................................................................................
Onroad .................................................................................
Nonroad ...............................................................................
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120
1,088
87
47
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154
1,016
50
29
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1,024
31
19
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72
37
18
¥58
64
56
28
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TABLE 6—LEBANON COUNTY EMISSIONS INVENTORY MAINTENANCE DEMONSTRATION—Continued
[tpy]
2014
Attainment
Sector
Total ..............................................................................
1,342
2022
Interim
2030
Maintenance
Difference
2014–2022
Difference
2014–2030
1,249
1,252
93
90
SO2
Point .....................................................................................
Area ......................................................................................
Onroad .................................................................................
Nonroad ...............................................................................
229
368
11
1
235
80
6
1
238
69
6
1
¥6
288
5
0
¥9
299
5
0
Total ..............................................................................
609
322
314
287
295
NOX
Point .....................................................................................
Area ......................................................................................
Onroad .................................................................................
Nonroad ...............................................................................
549
1,258
3,131
505
637
1,132
1,867
305
718
1,057
1,374
214
¥88
126
1,264
200
¥169
201
1,757
291
Total ..............................................................................
5,443
3,941
3,363
1,502
2,080
VOC
Point .....................................................................................
Area ......................................................................................
Onroad .................................................................................
Nonroad ...............................................................................
220
6,657
1,183
316
226
6,660
644
238
229
6,681
411
226
¥6
¥3
539
78
¥9
¥24
772
90
Total ..............................................................................
8,376
7,768
7,547
608
829
NH3
Point .....................................................................................
Area ......................................................................................
Onroad .................................................................................
Nonroad ...............................................................................
22
2,251
44
1
29
2,336
35
1
33
2,334
35
1
¥7
¥85
9
0
¥11
¥83
9
0
Total ..............................................................................
2,318
2,401
2,403
¥83
¥85
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Maintenance Demonstration
As discussed previously in this
notice, EPA has determined that the
Delaware and Lebanon Areas are
attaining the 2012 annual PM2.5 NAAQS
based on monitoring data for the 3-year
period from 2015–2017. In its
maintenance plans, Pennsylvania
demonstrates maintenance by showing
that emissions projected over the
maintenance period for the Areas will
not exceed emissions levels that were
present when the Areas came into
attainment of the 2012 annual PM2.5
NAAQS. Pennsylvania selected 2014 as
the attainment emission inventory year
for the Delaware and Lebanon Areas.
The attainment inventories identify the
level of emissions in the Delaware and
Lebanon Areas that is sufficient to attain
the 2012 annual PM2.5 NAAQS.
Pennsylvania has previously submitted
2011 base year emission inventories for
the Delaware and Lebanon Areas, which
EPA approved into the Pennsylvania
SIP. See 83 FR 31064. In its
maintenance demonstrations for the
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Delaware and Lebanon Areas,
Pennsylvania projected emissions
forward to 2022 and 2030, which
satisfies the 10-year interval required in
section 175(A) of the CAA.
The emissions inventories address
four major types of sources: Point, area,
on-road mobile, and non-road mobile.
The future year emissions inventories
have been estimated using projected
rates of growth in population, traffic,
economic activity, expected control
programs, and other parameters. Nonroad mobile emissions estimates, with
the exception of the railroad
locomotives, commercial marine, and
aircraft emissions, were developed
using EPA’s NONROAD component of
EPA’s Motor Vehicle Emissions
Simulator (MOVES) model version
2014b. On-road mobile source emissions
were calculated using EPA’s
MOVES2014a on-road mobile emission
model.
EPA has reviewed Pennsylvania’s
emissions inventories for the Delaware
and Lebanon Areas and determined that
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Pennsylvania developed them
consistent with EPA guidance. EPA’s
evaluation of the 2014 attainment
inventories and 2020 and 2030
projected inventories can be found
EPA’s technical support documents
(TSDs) prepared for the Delaware and
Lebanon Areas, which are available
online at https://www.regulations.gov,
Docket ID: EPA–R03–OAR–2019–0262.
Section 175A requires a state seeking
redesignation to attainment to submit a
SIP revision to provide for the
maintenance of the NAAQS in the area
‘‘for at least 10 years after the
redesignation.’’ EPA has interpreted this
as a showing of maintenance ‘‘for a
period of ten years following
redesignation.’’ (Calcagni memorandum,
p. 9). Where the emissions inventory
method of showing maintenance is
used, the purpose is to show that
emissions during the maintenance
period will not increase over the
attainment year inventory. (Calcagni
memorandum, pp. 9–10).
Pennsylvania’s maintenance plan
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submissions expressly document that
the Delaware and Lebanon Areas overall
emissions inventories will remain well
below the attainment year inventories
through 2030. In addition, EPA believes
that the Delaware and Lebanon Areas
will continue to maintain the 2012
annual PM2.5 NAAQS through 2030.
Thus, if EPA finalizes its proposed
approval of the redesignation request
and maintenance plan, the approval will
be based upon this showing, in
accordance with section 175A, and
EPA’s analysis described herein, that
the Delaware and Lebanon Areas’
maintenance plans provide for
maintenance for at least ten years after
redesignation.
The maintenance plans for the
Delaware and Lebanon Areas for the
2012 annual PM2.5 NAAQS include a
maintenance demonstration that:
(1) Shows compliance with and
maintenance of the annual PM2.5
NAAQS by providing information to
support the demonstration that current
and future emissions of PM2.5 and PM2.5
precursors remain at or below 2014
attainment year emissions levels.
(2) Uses 2014 as the attainment year
and includes future emission inventory
projections for 2022 and 2030.
(3) Identifies an ‘‘out year’’ at least 10
years after EPA review and potential
approval of the maintenance plan. Per
40 CFR part 93, PM2.5 and NOX MVEBs
were established for the last year (2030)
of the maintenance plan.
(iv) Provides, as shown in Tables 5
and 6, the estimated and projected
emissions inventories, in tons per year
(tpy), for the Delaware and Lebanon
Area, for PM2.5, NOX, SO2, VOC, and
NH3.
For maintenance of the 2012 PM2.5
NAAQS, Pennsylvania relies on the
same suite of permanent and
enforceable stationary, mobile, nonroad,
and area source measures as set out in
the redesignation requests for the Areas.
As shown in Table 5, Pennsylvania
projects that emissions of PM2.5 and all
its precursors will be below the 2014
attainment year emissions through 2030
in Delaware County. Table 6 shows that
PM2.5 and all its precursors except NH3
will below the 2014 attainment year
emissions through 2030 in Lebanon
County. Although there is a slight
increase in the NH3 between 2014 and
2030 (85 tpy or 4%), NH3 emissions are
significantly lower than they were in the
2011 base year (3,910 tpy). Furthermore,
in Lebanon County emission reductions
of PM2.5 and the other precursors far
outweighs the slight increase in NH3
emissions.
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Monitoring Networks
In the maintenance plans,
Pennsylvania committed to continue to
operate the air monitoring network in
accordance with 40 CFR part 58 to
verify the attainment status of the
Delaware and Lebanon Areas for the
2012 annual PM2.5 NAAQS, with no
reductions in the number of sites from
those in the existing network unless preapproved by EPA.
Verification of Continued Attainment
Pennsylvania remains obligated to
continue to quality-assure monitoring
data and enter all data into the Air
Quality System in accordance with
Federal guidelines. In the maintenance
plans, Pennsylvania committed to track
the attainment status of the 2012 annual
PM2.5 NAAQS in the Delaware and
Lebanon Areas by reviewing air quality
and emissions data during the
maintenance period. Pennsylvania will
perform an annual evaluation of two key
factors, vehicle miles traveled (VMT)
data and emissions reported from
stationary sources and compare them to
the assumptions about these factors
used in the maintenance plans.
Pennsylvania will also evaluate the
periodic (every three years) emission
inventories prepared under EPA’s Air
Emission Reporting Requirements (40
CFR part 51, subpart A) to determine if
they exceed the attainment year
inventory (2014) by more than 10
percent. Based on these evaluations,
Pennsylvania will consider whether any
further emission control measures
should be implemented.
Contingency Plan
Contingency plan provisions are
designed to promptly correct or prevent
a violation of the NAAQS that might
occur after redesignation of an area to
attainment. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to assure that the
state will promptly correct a violation of
the NAAQS that occurs after
redesignation. The maintenance plan
should identify the contingency
measures to be adopted, a schedule and
procedure for adoption and
implementation of the contingency
measures, and a time limit for action by
the state. The state should also identify
specific indicators to be used to
determine when the contingency
measures need to be adopted and
implemented. The maintenance plan
must include a requirement that the
state will implement all pollution
control measures that were contained in
the SIP before redesignation of the area
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to attainment. See section 175A(d) of
the CAA.
In the maintenance plans for the
Delaware and Lebanon Areas,
Pennsylvania commits to continue to
implement all applicable requirements
which were contained in the SIP for the
Areas before redesignation, even after
EPA approval of Pennsylvania’s
requests for the Areas to be redesignated
to attainment. Additionally,
Pennsylvania commits to adopt and
expeditiously implement corrective
actions, as necessary and appropriate, if
contingency measures are triggered.
Pennsylvania’s contingency plans for
Delaware and Lebanon Areas define
warning level and action level
responses.
The maintenance plans for the Areas
state that a first-level warning response
will be triggered if the annual mean
PM2.5 concentration exceeds 12.5 mg/m3
in a single calendar year at any monitor
within one of the Areas or if the
periodic emissions inventory for one of
the Areas exceeds the 2014 attainment
year inventory by more than 10 percent.
The first-level response will consist of a
study to determine whether the triggers
indicate a trend toward higher PM2.5
values in the affected area and whether
emissions of PM2.5 and its precursors
appear to be increasing. If there appears
to be an increasing trend, the study will
evaluate whether the trend is likely to
continue and, if so, the necessary and
appropriate control measures to reverse
the trend. Implementation of necessary
and appropriate controls would take
place as expeditiously as possible.
The maintenance plans for the Areas
explain that a second-level warning
response will be prompted if the 2-year
average of the annual mean PM2.5
concentrations exceeds 12.0 mg/m3 at
any monitor within one of the Areas. If
this occurs, Pennsylvania will evaluate
the conditions leading to the PM2.5
levels and evaluate what measures
might be most effective in correcting the
PM2.5 levels. Pennsylvania will also
analyze the potential emissions effects
of Federal, state and local measures that
have been adopted but not yet
implemented at the time the secondlevel response is triggered. Pennsylvania
will begin the process of adopting
selected measures that are necessary
and appropriate so that, in the event of
a violation (action level trigger), the
measures can be implemented as
expeditiously as practicable.
The maintenance plans for the Areas
define an action level response as being
triggered if a violation of the PM2.5
NAAQS occurs. If triggered,
Pennsylvania will initiate the
rulemaking process to adopt and
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implement contingency measures to
return the area to attainment of the 2012
annual PM2.5 NAAQS. The maintenance
plans set out the following criteria for
selecting contingency measures: Air
quality analysis indicating the nature of
the violation; emission reduction
potential; timeliness of implementation;
and costs, equity and cost-effectiveness.
The maintenance plans set time frames
for adoption and implementation of the
contingency measures, which provides
for full adoption of measures within
approximately 24 months of a
confirmed violation, considering all the
steps in Pennsylvania’s regulatory
adoption process. The contingency
measures Pennsylvania would consider
promulgating if a violation of the 2012
annual PM2.5 NAAQS occurs in one of
the Areas include the following
regulatory and nonregulatory measures
as listed in Table 7.
TABLE 7—CONTINGENCY MEASURES FOR THE DELAWARE AND LEBANON AREAS
Measure type
Contingency measure
Regulatory measures ...............
A regulation to reduce emissions on high-electric demand days (Delaware County only).
A regulation to lower the sulfur content of No. 2 fuel oil from 500 to 15 ppm.
Other regulatory measures identified based on the selection criteria set out in the contingency plans.
Voluntary diesel projects:
—Diesel retrofit (including replacement, repowering or alternative fuel use) for public or private local
onroad or off-road fleets;
— Idling reduction technology for Class 2—yard locomotives; and
— Idling reduction technologies or strategies for truck stops, warehouses and other freight-handling facilities.
Promotion of accelerated turnover of lawn and garden equipment, especially commercial equipment.
Additional promotion of alternative fuels for fleets, home heating and agricultural use.
Non-regulatory measures ........
Conclusion: EPA has reviewed
Pennsylvania’s maintenance plans for
Delaware and Lebanon Areas and
determined that they meet the
requirements of CAA section 175A. The
plans demonstrate continued attainment
of the 2012 annual PM2.5 NAAQS for at
least ten years after EPA approves a
redesignation to attainment and they
contain adequate contingency measures
to address the possibility of future
NAAQS violations. Therefore, EPA is
proposing to approve the maintenance
plans.
V. Has Pennsylvania adopted
approvable motor vehicle emission
budgets?
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A. What are the motor vehicle emissions
budgets (MVEB)?
Under the CAA, states are required to
submit, at various times, control strategy
SIPs and maintenance plans in ozone
areas. These control strategy SIPs (i.e.,
RFP, SIPs and attainment demonstration
SIPs) and maintenance plans identify
and establish MVEBs for certain criteria
pollutants and/or their precursors to
address pollution from on-road mobile
sources. In the maintenance plan, the
MVEBs are termed ‘‘on road-mobile
source emission budgets.’’ Pursuant to
40 CFR part 93 and § 51.112, MVEBs
must be established in a PM2.5
maintenance plan. An MVEB is the
portion of the total allowable emissions
that is allocated to highway and transit
vehicle use and emissions. An MVEB
serves as a ceiling on emissions from an
area’s planned transportation system.
The MVEB concept is further explained
in the preamble to the November 24,
1993 Transportation Conformity Rule
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(58 FR 62188). The preamble also
describes how to establish and revise
the MVEBs in control strategy SIPs and
maintenance plans.
Transportation conformity is required
under section 176(c) of the CAA to
ensure that Federally supported
highway and transit projects, and other
activities are consistent with (conform
to) the purpose of the SIP. The CAA
requires Federal actions in
nonattainment and maintenance areas to
‘‘conform to’’ the goals of the SIP. This
means that such actions will not cause
or contribute to violations of a NAAQS;
worsen the severity of an existing
violation; or delay timely attainment of
any NAAQS or any interim milestone.
Actions involving the Federal Highway
Administration (FHWA) or Federal
Transit Administration (FTA) funding
or approval are subject to the
Transportation Conformity Rule (40 CFR
part 93, subpart A). Under this rule,
metropolitan planning organizations
(MPOs) in nonattainment and
maintenance areas coordinate with state
air quality and transportation agencies,
EPA, FHWA, and FTA to demonstrate
that their metropolitan transportation
plans and transportation improvement
plans (TIPs) conform to applicable SIPs.
This is typically determined by showing
that estimated emissions from existing
and planned highway and transit
systems are less than or equal to the
MVEBs contained in a SIP.
When reviewing submitted ‘‘control
strategy’’ SIPs or maintenance plans
containing MVEBs, EPA must
affirmatively find the MVEBs contained
therein ‘‘adequate’’ for use in
determining transportation conformity.
After EPA affirmatively finds the
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submitted MVEBs are adequate for
transportation conformity purposes, the
MVEBs can be used by state and Federal
agencies in determining whether
proposed transportation projects
‘‘conform’’ to the SIP as required by
section 176(c) of the CAA. EPA’s
substantive criteria for determining
‘‘adequacy’’ of a MVEB are set out in 40
CFR 93.118(e)(4).
EPA’s process for determining
‘‘adequacy’’ consists of three basic steps:
Public notification of a SIP submission,
a public comment period, and EPA’s
adequacy finding. This process for
determining the adequacy of submitted
SIP MVEBs was initially outlined in
EPA’s May 14, 1999 guidance,
‘‘Conformity Guidance on
Implementation of March 2, 1999,
Conformity Court Decision.’’ This
guidance was finalized in the
Transportation Conformity Rule
Amendments for the ‘‘New 8-Hour
Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous
Revisions for Existing Areas;
Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change’’
on July 1, 2004 (69 FR 40004). EPA
consults this guidance and follows this
rulemaking in making its adequacy
determinations.
The maintenance plans submitted by
PADEP for the Delaware and Lebanon
Areas identify the NOX and PM2.5
MVEBs for transportation conformity
purposes for the years 2014, 2022, and
2030. These MVEBs (including safety
margins) are the projected emissions for
the on-road mobile sources plus any
portion of the safety margin allocated to
the MVEBs (safety margin allocation for
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2022 and 2030 only). These emission
budgets, when approved by EPA, must
be used for transportation conformity
determinations. The MVEBs for the
Delaware and Lebanon Areas are
displayed in Tables 8 and 9.
TABLE 8—ON-ROAD MVEBS CONTAINED IN THE DELAWARE COUNTY, PA 2012 PM2.5 NONATTAINMENT AREA
MAINTENANCE PLAN
Mobile vehicle
emissions budget
for NOX
on-road
emissions
(tpy)
Motor vehicle
emissions budget
for PM2.5 on-road
emissions
(tpy)
Delaware County, PA
2014 .........................................................................................................................................................
2022 Predicted .........................................................................................................................................
Safety Margin ...........................................................................................................................................
2022 Budget ............................................................................................................................................
2030 Predicted .........................................................................................................................................
Safety Margin ...........................................................................................................................................
2030 Budget ............................................................................................................................................
136
75
4
79
53
0
53
4,652
1,833
183
2,016
869
87
956
TABLE 9—ON-ROAD MVEBS CONTAINED IN THE LEBANON COUNTY, PA 2012 PM2.5 NONATTAINMENT AREA
MAINTENANCE PLAN
Lebanon County, PA
Motor vehicle
emissions
budget for
PM2.5 on-road
emissions
(tpy)
Mobile vehicle
emissions
budget for
NOX on-road
emissions
(tpy)
87
45
5
50
28
3
31
3,131
1,697
170
1,867
1,249
125
1,374
2014 .........................................................................................................................................................................
2022 Predicted .........................................................................................................................................................
Safety Margin ...........................................................................................................................................................
2022 Budget ............................................................................................................................................................
2030 Predicted .........................................................................................................................................................
Safety Margin ...........................................................................................................................................................
2030 Budget ............................................................................................................................................................
B. What is a safety margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. The
highway emission budgets include a
safety margin, which was created by
setting aside a portion of the difference
between attainment year and
maintenance year emissions of PM2.5
and NOX to accommodate unanticipated
growth in highway vehicles. The safety
margin is the extra emissions reduction
below the attainment levels that can be
allocated for emissions by various
sources as long as the total emission
levels are maintained at or below the
attainment levels. Tables 10 and 11
show that the amount of emission
reductions anticipated between 2014
and 2022 and between 2014 and 2030
that accommodates the safety margins
granted for the Delaware and Lebanon
Areas.
TABLE 10—COMPARISON OF SAFETY MARGIN TO TOTAL ANTICIPATED EMISSION REDUCTIONS IN 2022 AND 2030 (TONS)
FOR DELAWARE COUNTY
Delaware County
PM2.5
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2014 .........................................................................................................................................................................
2022 .........................................................................................................................................................................
2030 .........................................................................................................................................................................
2014–2022 Anticipated Emission Reductions .........................................................................................................
Safety Margin Granted ............................................................................................................................................
2014–2030 Anticipated Emission Reductions .........................................................................................................
Safety Margin Granted ............................................................................................................................................
1,856
1,814
1,853
43
4
2
0
NOX
13,001
10,157
9,120
2,844
183
3,881
87
TABLE 11—COMPARISON OF SAFETY MARGIN TO TOTAL ANTICIPATED EMISSION REDUCTIONS IN 2022 AND 2030 (TONS)
FOR LEBANON COUNTY
Lebanon County
PM2.5
2014 .........................................................................................................................................................................
2022 .........................................................................................................................................................................
2030 .........................................................................................................................................................................
2014–2022 Anticipated Emission Reductions .........................................................................................................
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1,343
1,244
1,249
99
NOX
5,443
3,771
3,238
1,672
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TABLE 11—COMPARISON OF SAFETY MARGIN TO TOTAL ANTICIPATED EMISSION REDUCTIONS IN 2022 AND 2030 (TONS)
FOR LEBANON COUNTY—Continued
Lebanon County
PM2.5
Safety Margin Granted ............................................................................................................................................
2014–2030 Anticipated Emission Reductions .........................................................................................................
Safety Margin Granted ............................................................................................................................................
C. Why are the MVEBs approvable?
The 2014, 2022, and 2030 MVEBs for
the Delaware and Lebanon Areas are
approvable because the MVEBs for NOX
and PM2.5 continue to maintain the total
emissions at or below the attainment
year inventory levels as required by the
transportation conformity regulations.
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D. What is the adequacy and approval
process for the MVEBs in the Delaware
and Lebanon Areas maintenance plans?
In this case, EPA is concurrently
processing the action on the
maintenance plan and the adequacy
process for the MVEBs contained
therein. In this proposed rule, EPA is
proposing to find the MVEBs adequate
and also proposing to approve the
MVEBs as part of the maintenance plan.
The MVEBs cannot be used for
transportation conformity until the
maintenance plan update and associated
MVEBs are approved in a final Federal
Register notice, or EPA otherwise finds
the budgets adequate in a separate
action following the comment period.
If EPA receives adverse written
comments with respect to the proposed
approval of the Delaware and Lebanon
Areas MVEBs, or any other aspect of our
proposed approval of this updated
maintenance plan, EPA will respond to
the comments on the MVEBs in the final
rulemaking action or proceed with the
adequacy process as a separate action.
EPA’s action on the Delaware and
Lebanon Areas MVEBs will also be
announced on EPA’s conformity
website: https://www.epa.gov/state-andlocal-transportation.7 The public
comment period will end at the same
time as the public comment period for
this proposed rule. EPA’s analyses of
the MVEBs for the Delaware and
Lebanon Areas can be found in EPA’s
MVEB TSDs prepared for this action,
available online at https://
www.regulations.gov, Docket ID: EPA–
R03–OAR–2019–0262.
VI. Proposed Action
EPA’s review of this material
indicates that the Delaware and
Lebanon Areas meet the requirements
for redesignation to attainment for the
7 Once there, click on ‘‘Adequacy Review of SIP
Submissions.’’
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2012 annual PM2.5. EPA is proposing to
grant PADEP’s redesignation requests
and to determine that the Delaware and
Lebanon Areas meet the 2012 annual
PM2.5 NAAQS, based on the most recent
three years of certified air quality data.
The effect of this proposed action, if
finalized, would be to change the
designation status of the Delaware and
Lebanon Areas from nonattainment to
attainment for the 2012 annual PM2.5
NAAQS, thereby removing the
requirement for a nonattainment new
source review permitting program and
stopping the sanctions clock associated
with a finding of failure to submit NNSR
updates for the annual PM2.5 NAAQS.
EPA is also proposing to approve
PADEP’s maintenance plans for the
Delaware and Lebanon Areas as
revisions to the Pennsylvania SIP. EPA
is also proposing to find the 2014, 2022,
and 2030 PM2.5 and NOX MVEBs
contained in the maintenance plans for
the Delaware and Lebanon Areas
adequate and is also proposing to
approve these MVEBs into the
Pennsylvania SIP for transportation
conformity purposes. EPA is soliciting
public comments on the issues
discussed in this document. These
comments will be considered before
taking final action. Although EPA is
proposing approval of the redesignation
requests and maintenance plans for the
Delaware and Lebanon Areas in one
rulemaking, EPA views each
redesignation request as a separate
request and each maintenance plan as a
separable SIP revision. Thus, should
EPA receive comment on one
redesignation request or maintenance
plan, but not the other, EPA will treat
the comment as only pertaining to that
specific redesignation request or
maintenance plan and may take
separate, final action on the remaining
redesignation request or maintenance
plan.
VII. Statutory and Executive Order
Reviews
Under the CAA, the redesignation of
an area to attainment and the
accompanying approval of the
maintenance plan under CAA section
107(d)(3)(E) are actions that affect the
status of the geographical area and do
not impose any additional regulatory
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NOX
5
94
3
170
2,205
125
requirements on sources beyond those
required by state law. A redesignation to
attainment does not in and of itself
impose any new requirements, but
rather results in the application of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
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Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule,
proposing to approve Pennsylvania’s
redesignation requests and maintenance
plans for the 2012 PM2.5 NAAQS for the
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Delaware and Lebanon Areas, does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
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33903
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 5, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2019–15091 Filed 7–15–19; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Proposed Rules]
[Pages 33886-33903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15091]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2019-0262; FRL-9996-73-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation Requests and Maintenance Plans for Delaware
County and Lebanon County 2012 Fine Particulate Matter Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) revisions submitted by the
Commonwealth of Pennsylvania. On January 23, 2019 and February 11,
2019, respectively, the Pennsylvania Department of Environmental
Protection (PADEP) submitted requests for EPA to redesignate to
attainment of the 2012 annual fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS) the
Delaware County and Lebanon County nonattainment areas (the Delaware
and Lebanon Areas or the Areas). EPA is proposing to grant PADEP's
requests and to determine that the Delaware and Lebanon Areas meet the
2012 annual PM2.5 NAAQS, based on the most recent three
years of certified air quality data. The effect of this proposed
action, if finalized, would be to change the designation status of the
Delaware and Lebanon Areas from nonattainment to attainment for the
2012 annual PM2.5 NAAQS, thereby removing the requirement
for a nonattainment new source review (NNSR) permitting program and
stopping the sanctions clock associated with a finding of failure to
submit NNSR updates for the 2012 annual PM2.5 NAAQS. EPA is
also proposing to approve PADEP's plans to ensure that the Delaware and
Lebanon Areas continue to meet the 2012 PM2.5 NAAQS through
2030 (maintenance plans) as revisions to the Pennsylvania SIP. The
maintenance plans for the Delaware and Lebanon Areas include 2014,
2022, and 2030 motor vehicle emissions budgets (MVEBs) for mobile
sources of PM2.5 and nitrogen oxides (NOX).
Finally, EPA is proposing to find these 2014, 2022, and 2030 MVEBs for
PM2.5 and NOX adequate and to approve these MVEBs
into the Pennsylvania SIP for transportation conformity purposes. This
action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before August 15, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0262 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
[[Page 33887]]
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2181. Ms. Pino can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of Pennsylvania's redesignation request
for the Delaware and Lebanon Areas?
A. Have the Delaware and Lebanon Areas attained the 2012 annual
PM2.5 NAAQS?
B. Has Pennsylvania met all applicable requirements of section
110 and part D of the CAA for the Delaware and Lebanon Areas and do
the Delaware and Lebanon Areas have a fully approved SIP under
section 110(k) of the CAA?
C. Are the air quality improvements in the Delaware and Lebanon
Areas due to permanent and enforceable emission reductions?
D. Does Pennsylvania have fully approvable maintenance plans for
the Delaware and Lebanon Areas?
V. Has Pennsylvania adopted approvable motor vehicle emission
budgets?
A. What are the Motor Vehicle Emissions Budgets (MVEB)?
B. What is a safety margin?
C. Why are the MVEBs approvable?
D. What is the adequacy and approval process for the MVEBs in
the Delaware and Lebanon areas maintenance plans?
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. What are the actions EPA is proposing?
EPA is taking several actions related to the redesignation of the
Delaware and Lebanon Areas to attainment of the 2012 annual
PM2.5 NAAQS. EPA is proposing that the Delaware and Lebanon
moderate nonattainment areas are attaining the 2012 annual
PM2.5 NAAQS. EPA is also proposing to approve Pennsylvania's
2012 annual PM2.5 maintenance plans for the Delaware and
Lebanon Areas as revisions to the Pennsylvania SIP. These maintenance
plans include MVEBs for PM2.5 and NOX for the
years 2014, 2022, and 2030. Further, EPA is also proposing to find that
Pennsylvania meets the requirements for redesignation of the Delaware
and Lebanon Areas to attainment of the 2012 annual PM2.5
NAAQS under section 107(d)(3)(E) of the CAA. EPA is thus proposing to
grant Pennsylvania's request to change the designation of the Delaware
and Lebanon Areas from nonattainment to attainment of the 2012 annual
PM2.5 NAAQS. Finally, EPA is proposing to find the 2014,
2022, and 2030 MVEBs for PM2.5 and NOX adequate
and is proposing to approve these MVEBs into the Pennsylvania SIP for
transportation conformity purposes. The adequacy comment period for
these MVEBs will begin upon publication of this Notice of Proposed
Rulemaking (NPRM) with EPA's posting of the availability of
Pennsylvania's maintenance plan submittal for the Delaware and Lebanon
Areas on EPA's Adequacy website which can be found at https://www.epa.gov/state-and-local-transportation. Please see section V of
today's rulemaking for further explanation of the MVEBs and the
adequacy process.
II. What is the background for these actions?
Particulate matter (PM) is the term for a mixture of solid
particles and liquid droplets found in the air. Some particles, such as
dust, dirt, soot, or smoke, are large or dark enough to be seen with
the naked eye. Others are so small they can only be detected using an
electron microscope. PM2.5 is made of fine inhalable
particles with diameters that are 2.5 micrometers and smaller.
PM2.5 can be emitted directly from a source, such as
construction sites, unpaved roads, fields, smokestacks or fires.
However, most PM2.5 is formed in the atmosphere as a result
of complex reactions. The chemicals that form this ``secondary''
PM2.5, known as ``precursors'' are sulfur dioxide
(SO2), NOX, volatile organic compounds (VOCs),
and ammonia (NH3). PM2.5 precursors are
pollutants emitted by a wide range of sources, such as power plants,
industrial processes, and automobiles.
On December 14, 2012, EPA promulgated a revised primary annual
PM2.5 NAAQS to provide increased protection of public health
from fine particle pollution. 78 FR 3086 (January 15, 2013). In that
action, EPA strengthened the primary annual PM2.5 standard
from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\.
An area is considered to be attainment for that NAAQS when the 3-year
average of the annual arithmetic mean of the ambient air quality
monitoring data collected at each monitor in the area does not exceed
12.0 [mu]g/m\3\. On December 18, 2014, the EPA Administrator signed a
final action promulgating initial designations for the 2012 primary
PM2.5 NAAQS based on 2011-2013 air quality monitoring data
for the majority of the United States. 80 FR 2206 (January 15, 2015).
In that action, the Delaware Area, which consists of Delaware County,
Pennsylvania, and the Lebanon Area, which consists of Lebanon County,
Pennsylvania, were designated as moderate nonattainment areas for the
2012 annual PM2.5 NAAQS. See 40 CFR 81.339.
On April 6, 2018, EPA published a ``finding of failure to submit''
required SIP elements for the 2012 annual PM2.5 NAAQS for
several nonattainment areas nationwide, including the Delaware and
Lebanon Areas. See 83 FR 14759. EPA's finding of failure to submit,
effective May 7, 2018, included a determination that Pennsylvania had
not met its obligations for the NNSR permit program because
Pennsylvania did not regulate emissions of VOCs and NH3 as
PM2.5 precursors. Sanctions associated with this finding for
the Delaware and Lebanon Areas will take effect on November 7, 2019,
unless EPA fully approves the Pennsylvania's redesignation requests by
November 7, 2019. As NNSR is not required in attainment areas, upon
final redesignation of the Delaware and Lebanon Areas to attainment,
the NNSR updates will no longer be required for the Areas, thus
nullifying the findings of failure to submit and stopping the sanctions
clock.
III. What are the criteria for redesignation to attainment?
Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) The Administrator (EPA)
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k) of the CAA; (3) the Administrator
determines that the improvement in air quality is due to permanent and
enforceable reductions in emissions resulting from implementation of
the applicable SIP, applicable Federal air pollutant control
regulations, and other permanent and enforceable emission reductions;
(4) the Administrator has fully approved a maintenance plan for the
area as meeting the requirements of section 175A of the CAA; and (5)
the state containing the area has met all requirements applicable to
the area for purposes of redesignation under section 110 and part D of
title I of the CAA.
On April 16, 1992, EPA provided guidance on redesignations in the
General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has
[[Page 33888]]
provided further guidance on processing redesignation requests in the
following documents:
1. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (Calcagni memorandum);
2. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
3. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994 (Nichols memorandum); and
4. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
on or after November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation memorandum,
September 17, 1993 (Shapiro memorandum).
These memoranda are available in the docket for this rulemaking action,
available online at https://www.regulations.gov, Docket ID: EPA-R03-
OAR-2019-0262.
IV. What is EPA's analysis of Pennsylvania's redesignation request for
the Delaware and Lebanon Areas?
EPA is proposing to redesignate the Delaware and Lebanon Areas to
attainment for the 2012 annual PM2.5 NAAQS and to approve
Pennsylvania's related maintenance plans. The basis for EPA's actions
is as follows:
A. Have the Delaware and Lebanon Areas attained the 2012 annual
PM[bdi2].[bdi5] NAAQS?
To redesignate an area from nonattainment to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). For PM2.5, an area is
attaining the 2012 annual PM2.5 NAAQS if it meets the
standard, as determined in accordance with 40 CFR 50.13 and appendix N
of 40 CFR part 50, based on three complete, consecutive calendar years
of quality-assured air quality monitoring data. To attain the 2012
annual PM2.5 NAAQS, the 3-year average of the annual
arithmetic mean concentration, as determined in accordance with 40 CFR
part 50, appendix N, must be less than or equal to 12.0 [mu]g/m\3\ at
all relevant monitoring sites in the subject area over a 3-year period.
The relevant data must be collected and quality-assured in accordance
with 40 CFR part 58 and recorded in the EPA Air Quality System (AQS)
database.
On December 13, 2016, EPA determined that the Delaware Area first
attained the 2012 annual PM2.5 NAAQS based on 2013-2015
ambient air quality monitoring data. See 81 FR 89868 and 82 FR 8499. On
March 6, 2018, EPA determined that the Lebanon Area first attained the
2012 annual PM2.5 NAAQS based on 2014-2016 ambient air
quality monitoring data. See 83 FR 9435. These determinations of
attainment, or ``clean data determinations'' suspended certain planning
requirements for the Areas, including the requirement to submit an
attainment demonstration and associated reasonably available control
measures (RACM), including reasonable available control technology
(RACT), a reasonable further progress (RFP) plan, and contingency
measures for failure to attain or meet RFP. These requirements are
suspended for as long as the Areas continue to meet the 2012 annual
PM2.5 NAAQS. When the Areas are redesignated to attainment,
the requirements are permanently discharged.
There are two ambient air quality monitors in the Delaware Area and
one in the Lebanon Area. EPA reviewed the certified, quality assured/
quality controlled PM2.5 monitoring data for 2015-2017 from
the monitors in the Delaware and Lebanon Areas and determined that the
design values are less than or equal to 12.0 [mu]g/m\3\, and therefore
the areas continue to meet the 2012 annual PM2.5 NAAQS. In
addition, EPA evaluated preliminary 2016-2018 monitoring data for all
three monitors, which also shows continued attainment of the 2012
annual PM2.5 NAAQS. Therefore, EPA is proposing to determine
that the Delaware and Lebanon Areas are attaining the 2012 annual
PM2.5 NAAQS. This proposed determination is based on the
most recent three years of complete, certified and quality-assured
data, which is for the 2015-2017 monitoring period. The monitoring data
is summarized in Tables 1 and 2 and is also available in the docket for
this rulemaking action available online at https://www.regulations.gov,
Docket ID: EPA-R03-OAR-2019-0262.
Table 1--2013 to 2018 Annual Means at Delaware County and Lebanon County Monitors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual means in [mu]g/m\3\
-----------------------------------------------------------------------------------------------
Area/county Monitor ID Preliminary
2013 2014 2015 2016 2017 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
Delaware................................ 42-045-0002 11.5 12.6 10.7 11.0 9.1 12.1
Delaware................................ 42-045-0109 (*) (*) 10.6 9.3 8.3 10.8
Lebanon................................. 42-075-0100 11.2 12.7 11.2 9.7 9.3 8.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Monitor 42-045-0109 started operation on 1/1/2015. Therefore, it did not record data in 2013 and 2014.
Table 2--2015 to 2018 Annual Design Values at Delaware County and Lebanon County Monitors
----------------------------------------------------------------------------------------------------------------
Annual design values in [mu]g/m\3\
---------------------------------------------------------------
Area/county Monitor ID Preliminary
2013-2015 2014-2016 2015-2017 2016-2018
----------------------------------------------------------------------------------------------------------------
Delaware........................ 42-045-0002 11.6 11.5 10.3 10.7
Delaware........................ 42-045-0109 (*) (*) 9.4 9.4
Lebanon......................... 42-075-0100 ** 11.7 11.2 10.1 9.3
----------------------------------------------------------------------------------------------------------------
* Monitor 42-045-0109 started operation on 1/1/2015. Therefore, the 2013-2015 and 2014-2016 design values at
this monitor are not valid because they do not meet EPA's completeness criteria in appendix N to 40 CFR part
50.
** The 2013-2015 design value at monitor 42-075-0100 is not valid because the 2015 data at that monitor does not
meet EPA's completeness criteria in appendix N to 40 CFR part 50.
[[Page 33889]]
EPA has reviewed the ambient air quality monitoring data in the
Delaware and Lebanon Areas, consistent with the requirements contained
at 40 CFR part 50. EPA's review focused on data recorded in the EPA AQS
database, for the Delaware and Lebanon Areas for PM2.5
nonattainment area from 2015 to 2017. EPA also considered preliminary
data for 2018, which have not been certified, but which are consistent
with the area's continued attainment.
All monitors in the Delaware and Lebanon Areas recorded complete
data in accordance with criteria set forth by EPA in 40 CFR part 50,
appendix N, where a complete year of air quality data comprises four
calendar quarters, with each quarter containing data from at least 75
percent (%) capture of the scheduled sampling days. Available data are
sufficient for comparison to the NAAQS.
B. Has Pennsylvania met all applicable requirements of section 110 and
part D of the CAA for the Delaware and Lebanon Areas and do the
Delaware and Lebanon Areas have a fully approved SIP under section
110(k) of the CAA?
In accordance with section 107(d)(3)(E)(v) of the CAA, Pennsylvania
must meet all the requirements applicable to the Areas under section
110 of the CAA (general SIP requirements) and part D of Title I of the
CAA (SIP requirements for nonattainment areas). Under section
107(d)(3)(E)(ii) of the CAA, Pennsylvania's SIP revisions for the 2012
annual PM2.5 NAAQS for the Delaware and Lebanon Areas must
be fully approved under section 110(k) of the CAA. Section 110(k) of
the CAA sets out the requirements for EPA's actions on SIP revision
submittals.
The September 4, 1992 Calcagni memorandum describes EPA's
interpretation of section 107(d)(3)(E) with respect to the timing of
applicable requirements. Under this interpretation, to qualify for
redesignation, states requesting redesignation to attainment must meet
only the relevant CAA requirements that come due prior to the submittal
of a complete redesignation request. See also Shapiro memorandum,
September 17, 1993, and 60 FR 12459, 12465-12466, (March 7, 1995)
(redesignation of Detroit-Ann Arbor). Applicable requirements of the
CAA that come due subsequent to the area's submittal of a complete
redesignation request remain applicable until a redesignation is
approved but are not required as a prerequisite to redesignation. See
CAA section 175A(c). Sierra Club v. EPA, 375 F .3d 537 (7th Cir. 2004).
See also 68 FR 25418, 25424 and 25427 (May 12, 2003) (redesignation of
the St. Louis/East St. Louis area to attainment of the 1-hour ozone
NAAQS).
In the case of the Delaware and Lebanon Areas, the base year
emissions inventory was due prior to Pennsylvania's submittal of the
complete redesignation requests for the Areas. Therefore, the base year
inventories are applicable requirements. The attainment plans,
including RACM/RACT, and contingency measures for failure to attain or
meet RFP, were also due prior to Pennsylvania's submittal of complete
redesignation requests for the Areas. However, as described in detail
later in this rulemaking, clean data determinations for the Areas
suspended these requirements for as long as the Areas continues to meet
the 2012 annual PM2.5 NAAQS. When the Areas are redesignated
to attainment, these requirements are permanently discharged.
Pennsylvania Has Met the Section 110 General Sip Requirements
Section 110(a)(2) of Title I of the CAA delineates the general
requirements for a SIP, which include enforceable emissions limitations
and other control measures, means, or techniques, provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality, and programs to enforce the limitations.
The general SIP elements and requirements set forth in section
110(a)(2) of the CAA include, but are not limited to the following: (1)
Submittal of a SIP that has been adopted by the state after reasonable
public notice and hearing; (2) provisions for establishment and
operation of appropriate procedures needed to monitor ambient air
quality; (3) implementation of a minor source permit program; (4)
provisions for the implementation of part C requirements (referred to
as ``prevention of significant deterioration'' or ``PSD''); (5)
provisions for the implementation of part D requirements for
nonattainment new source review (referred to as ``part D NNSR,''
``NNSR,'' ``nonattainment NSR,'' or ``NSR'') permit programs; (6)
provisions for air pollution modeling; and (7) provisions for public
and local agency participation in planning and emission control rule
development.
EPA believes that the section 110(a)(2) elements of the CAA not
connected with nonattainment plan submissions and not linked with an
area's attainment status are not applicable requirements for purposes
of redesignation. The Areas will still be subject to these requirements
after it is redesignated. EPA concludes that section 110(a)(2) of the
CAA and part D requirements which are linked with a particular area's
designation and classification are the relevant measures to evaluate in
reviewing a redesignation request, and that section 110(a)(2) elements
of the CAA not linked in the area's nonattainment status are not
applicable for purposes of redesignation. This approach is consistent
with EPA's existing policy on applicability of conformity (i.e., for
redesignations) and oxygenated fuels requirement. See Reading,
Pennsylvania, proposed and final rulemakings 61 FR 53174 (October 10,
1996); 62 FR 24826 (May 7, 1997); Cleveland-Akron-Lorain, Ohio final
rulemaking 61 FR 20458 (May 7, 1996); and Tampa, Florida final
rulemaking 60 FR 62748 (December 7, 1995). See also the discussion on
this issue in the Cincinnati, Ohio redesignation 65 FR 37879, 37890
(June 19, 2000) and in the Pittsburgh, Pennsylvania redesignation 66 FR
53099 (October 19, 2001).
EPA has previously approved provisions of Pennsylvania's SIP
addressing section 110(a)(2) requirements under section 110(k) of the
CAA, including provisions addressing PM2.5. See 80 FR 26461
(May 8, 2015). These requirements are, however, statewide requirements
that are not linked to the PM2.5 nonattainment status of the
Areas. Therefore, EPA believes that these SIP elements are not
applicable requirements for purposes of review of Pennsylvania's
PM2.5 redesignation request.
Since PSD requirements will apply after redesignation, areas being
redesignated must have an approved PSD program. Once the Delaware and
Lebanon Areas are redesignated to attainment, Pennsylvania's PSD
program, and not NNSR, will become effective in the Areas.
Pennsylvania's PSD program, at 25 Pa. Code 127.81-127.83, is approved
into the Pennsylvania SIP under CCA section 110(k). See 49 FR 33127
(August 21, 1984).
Areas seeking redesignation need not comply with the requirement
that a NNSR program be approved prior to redesignation, provided that
the area demonstrates maintenance of the NAAQS without NNSR. A more
detailed rationale for this is described in the Nichols memorandum.
Nevertheless, Pennsylvania's NNSR program, codified in the
Commonwealth's regulations at 25 Pa. Code 127.201 et seq., is approved
into the Pennsylvania SIP. See 77 FR 41276 (July 13, 2012).
Section 110(a)(2)(D) of the CAA requires that SIPs contain certain
[[Page 33890]]
measures to prevent sources in a state from significantly contributing
to air quality problems in another state. To implement this provision,
EPA has required certain states to establish programs to address the
interstate transport of air pollutants in accordance with the
NOX SIP Call,\1\ amendments to the NOX SIP Call,
May 14, 1999 (64 FR 26298), and March 2, 2000 (65 FR 11222), and the
Cross-State Air Pollution Rule (CSAPR) \2\ Update, 81 FR 74504 (October
26, 2016). However, a state's requirements under section 110(a)(2)(D)
of the CAA are not linked to a particular nonattainment area's
designation and classification in that state. The interstate transport
SIP submittal requirements, where applicable, continue to apply to a
state regardless of the designation of any one particular area in the
state. Thus, EPA does not believe that these requirements are
applicable requirements for purposes of redesignation. See 65 FR 37890
(June 19, 2000), 66 FR 53094, 53099 (October 19, 2001), and 68 FR
25418, 25426-25427 (May 13, 2003).
---------------------------------------------------------------------------
\1\ On October 27, 1998 (63 FR 57356), EPA finalized the
``Finding of Significant Contribution and Rulemaking for Certain
States in the Ozone Transport Assessment Group Region for Purposes
of Reducing Regional Transport of Ozone''--commonly called the
NOX SIP Call. The NOX SIP call requires the
District of Columbia and 22 states to reduce emissions of
NOX in order to reduce the transport of ozone and ozone
precursors. EPA developed the NOX Budget Trading Program,
an allowance trading program that states could adopt to meet their
obligations under the NOX SIP Call. The NOX
Budget Trading Program allowed electric generating units (EGUs)
greater than 25 megawatts and industrial non-electric generating
units, such as boilers and turbines, with a rated heat input greater
than 250 million British thermal units per hour (MMBtu/hr), referred
to as ``large non-EGUs,'' to participate in a regional
NOX cap and trade program. The NOX SIP call
also established reduction requirements for other non-EGUs,
including cement kilns and stationary internal combustion (IC)
engines. NOX is a PM2.5 precursor.
\2\ On July 6, 2011, EPA finalized CSAPR, limiting the
interstate transport of emissions of nitrogen oxides NOX
and SO2 that contribute to harmful levels of
PM2.5 and ozone in downwind states. 76 FR 48208. CSAPR
requires 28 states in the eastern United States to reduce
SO2, annual NOX and ozone season
NOX emissions from fossil fuel-fired power plants that
affect the ability of downwind states to attain and maintain
compliance with the 1997 and 2006 PM2.5 NAAQS and the
1997 ozone NAAQS. The CSAPR achieves these reductions through
emissions trading programs. For more information on CSAPR, please
see the ``Permanent and Enforceable Controls Implemented''
discussion of in section of IV.C. of this rulemaking.
---------------------------------------------------------------------------
EPA has reviewed the Pennsylvania SIP and has concluded that it
meets the general SIP requirements under section 110(a)(2) of the CAA
to the extent they are applicable for purposes of redesignation, namely
a SIP-approved PSD program.
Pennsylvania Has Met the Requirements of Subpart 1 of Part D
Subpart 1 of part D of the CAA sets forth the basic nonattainment
plan requirements applicable to PM2.5 nonattainment areas.
Under section 172 of the CAA, states with nonattainment areas must
submit plans providing for timely attainment and meet a variety of
other requirements.
EPA's longstanding interpretation of the nonattainment planning
requirements of section 172 is that once an area is attaining the
NAAQS, those requirements are not ``applicable'' for purposes of
section 107(d)(3)(E)(ii) and therefore need not be approved into the
SIP before EPA can redesignate the area. In the 1992 General Preamble
for Implementation of Title I, EPA set forth its interpretation of
applicable requirements for purposes of evaluating redesignation
requests when an area is attaining a standard. See 57 FR 13498, 13564
(April 16, 1992). EPA noted that the requirements for RFP and other
measures designed to provide for attainment do not apply in evaluating
redesignation requests because those nonattainment planning
requirements ``have no meaning'' for an area that has already attained
the standard. Id. This interpretation was also set forth in the
Calcagni memorandum. EPA's understanding of section 172 also forms the
basis of its Clean Data Policy, which was articulated with regard to
PM2.5 in 40 CFR 51.1015 and suspends a state's obligation to
submit most of the attainment planning requirements that would
otherwise apply, including an attainment demonstration and planning
SIPs to provide for RFP, RACM, and contingency measures under section
172(c)(9).\3\ Courts have upheld EPA's interpretation of section
172(c)(1)'s ``reasonably available'' control measures and control
technology as meaning only those controls that advance attainment,
which precludes the need to require additional measures where an area
is already attaining. NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir.
2009); Sierra Club v. EPA, 294 F.3d 155, 162 (D.C. Cir. 2002); Sierra
Club v. EPA, 314 F.3d 735, 744 (5th Cir. 2002).
---------------------------------------------------------------------------
\3\ This regulation was promulgated as part of the 1997
PM2.5 NAAQS implementation rule that was subsequently
challenged and remanded in NRDC v. EPA, 706 F.3d 428 (D.C. Cir.
2013), as discussed in Section IV.B of this notice. However, the
Clean Data Policy portion of the implementation rule was not at
issue in that case.
---------------------------------------------------------------------------
As stated previously, EPA determined that the Delaware and Lebanon
Areas have attained the 2012 PM2.5 NAAQS in ``clean data
determinations.'' See 81 FR 89868 (December 13, 2016), 82 FR 8499
(January 26, 2017), and 83 FR 9435 (March 6, 2018). Furthermore, as
shown in section IV.A of this rulemaking notice, the Areas continue to
attain the 2012 annual PM2.5 NAAQS. Therefore, because
attainment has been reached in the Delaware and Lebanon Areas, no
additional measures are needed to provide for attainment, and section
172(c)(1) requirements for an attainment demonstration and RACM are no
longer considered to be applicable for purposes of redesignation as
long as the Areas continues to attain the standard until redesignation.
Section 172(c)(2)'s requirement that nonattainment plans contain
provisions promoting reasonable further progress toward attainment is
also not relevant for purposes of redesignation because EPA has
determined that the Delaware and Lebanon Areas have monitored
attainment of the 2012 annual PM2.5 NAAQS. In addition,
because the Delaware and Lebanon Areas have attained the 2012 annual
PM2.5 NAAQS and are no longer subject to RFP requirements,
the requirement to submit the section 172(c)(9) contingency measures is
not applicable for purposes of redesignation. Section 172(c)(6)
requires the SIP to contain control measures necessary to provide for
attainment of the NAAQS. Because attainment has been reached, no
additional measures are needed to provide for attainment.
Section 172(c)(3) of the CAA requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. The
requirement under section 172(c)(3) was not suspended by EPA's clean
data determination for the 2012 annual PM2.5 NAAQS and is
the only remaining requirement under section 172 of the CAA to be
considered for purposes of redesignation of the Delaware and Lebanon
Areas. Pennsylvania submitted 2011 base year emissions inventories for
the Delaware and Lebanon Areas for the 2012 annual PM2.5
NAAQS to EPA as SIP revisions on May 5, 2017 and September 25, 2017,
respectively. The inventories cover the general source categories of
point sources, nonroad mobile sources, area sources and on-road mobile
sources and include emissions of PM2.5 and its precursors,
NOX, SO2, VOC, and NH3. The
inventories also included emissions of coarse particulate matter
(PM10). EPA approved them as revisions to the Pennsylvania
SIP, under section 110(k) of the CAA, on July 3, 2018 (83 FR 31064).
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified sources in an area, and
section
[[Page 33891]]
172(c)(5) requires source permits for the construction and operation of
new and modified major stationary sources anywhere in the nonattainment
area. As stated previously in this rulemaking action, EPA has
determined that, since PSD requirements will apply after redesignation,
areas being redesignated need not comply with the requirement that a
NNSR program be approved prior to redesignation, provided that the area
demonstrates maintenance of the NAAQS without NNSR. A more detailed
rationale for this view is described in the Nichols memorandum.
Nevertheless, Pennsylvania's SIP-approved NNSR program is codified in
the Commonwealth's regulations at 25 Pa. Code 127.201 et seq. See 77 FR
41276 (July 13, 2012) (approving NNSR program into the SIP).
Pennsylvania's PSD program, at 25 Pa. Code 127.81-127.83, is also
approved into the Pennsylvania SIP. See 49 FR 33127 (August 21, 1984).
Once the Delaware and Lebanon Areas are redesignated to attainment,
Pennsylvania's PSD program, and not NNSR, will become effective in the
Areas.
Section 172(c)(7) of the CAA requires the SIP to meet the
applicable provisions of section 110(a)(2) of the CAA. As noted
previously, Pennsylvania SIP revisions meet the requirements of section
110(a)(2) of the CAA that are applicable for purposes of redesignation.
Section 175A of the CAA requires a state seeking redesignation to
attainment to submit a SIP revision to provide for the maintenance of
the NAAQS in the area ``for at least 10 years after the
redesignation.'' In conjunction with its requests to redesignate the
Areas to attainment, Pennsylvania submitted SIP revisions to provide
for maintenance of the 2012 annual PM2.5 NAAQS in the
Delaware and Lebanon Area for at least 10 years after redesignation,
through 2030. Pennsylvania is requesting that EPA approve these SIP
revisions as meeting the requirement of section 175A of the CAA. Once
approved, the maintenance plan for the Areas will ensure that the SIP
for Pennsylvania meets the requirements of the CAA regarding
maintenance of the 2012 annual PM2.5 NAAQS for the Areas.
EPA's analysis of the maintenance plan is provided in Section IV.D of
this proposed rulemaking action.
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects developed, funded or approved under Title 23 of
the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other Federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability,
which EPA promulgated pursuant to its authority under the CAA. EPA
interprets the conformity SIP requirements \4\ as not applicable for
purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state conformity rules have
not been approved. See Wall v. EPA, 265 F .3d 426 (6th Cir. 2001)
(upholding this interpretation); see also 60 FR 62748 (December 7,
1995) (redesignation of Tampa, Florida). Regardless, EPA approved
Pennsylvania's transportation conformity SIP requirements on April 29,
2009 (74 FR 19541).
---------------------------------------------------------------------------
\4\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from SIPs requiring the development of MVEBs,
such as control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------
EPA concludes that Pennsylvania has met the requirements of subpart
1 of part D relevant for redesignation. Specifically, pursuant to
section 110(k) of the CAA, EPA has approved Pennsylvania's base year
inventories for the Areas into the Pennsylvania SIP.
Pennsylvania Has Met the Requirements of Subpart 4 of Part D
A January 4, 2013, U.S. Court of Appeals for the District of
Columbia Circuit decision \5\ stated that EPA must implement
PM2.5 NAAQS pursuant to subpart 4 of part D of the CAA,
which contains provisions specifically concerning PM10
nonattainment areas. Section 189 in subpart 4 sets out the requirements
for PM10 and PM2.5 nonattainment areas. Section
189(a) contains the SIP revision requirements for moderate
PM10 and PM2.5 nonattainment areas, including the
requirements for the state to submit an attainment demonstration, RACM
(including (RACT) for stationary sources). Section 189(c) contains
requirements for RFP, quantitative milestones and quantitative
milestone reports.
---------------------------------------------------------------------------
\5\ Natural Resources Defense Council v. EPA, 706 F. 3d 428
(D.C. Cir. 2013).
---------------------------------------------------------------------------
As with the requirements of section 172(c), explained previously in
this proposed rulemaking notice, the requirements of sections 189(a)
and 189(c) are no longer considered to be applicable for purposes of
redesignation as long as the Areas continue to attain the standard.
Because attainment has been reached, no additional measures are needed
to provide for attainment. EPA's clean data determinations for the
Delaware and Lebanon Areas suspended the requirements for the state to
submit an attainment demonstration, RACM and RACT, RFP, quantitative
milestones, and quantitative milestone reports until such time as the
Areas are redesignated to attainment, after which such requirements are
permanently discharged. See 81 FR 89868 (December 13, 2016), 82 FR 8499
(January 26, 2017, and 83 FR 9435 (March 6, 2018).
EPA concludes that Pennsylvania has met the requirements of subpart
4 of part D relevant for redesignation. Specifically, pursuant to
section 110(k) of the CAA, EPA has approved Pennsylvania's base year
inventories for the Areas into the Pennsylvania SIP.
Pennsylvania Has a Fully Approved Applicable SIP Under Section 110(k)
of the CAA
At various times, Pennsylvania adopted and submitted, and EPA has
approved, provisions addressing the various SIP elements applicable for
the PM2.5 NAAQS. EPA may rely on prior SIP approvals in
approving a redesignation request (see the Calcagni memorandum at page
3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)),
plus any additional measures it may approve in conjunction with a
redesignation action (see 68 FR 25418, 25426 (May 12, 2003) and
citations therein).
As discussed previously, EPA has fully approved Pennsylvania's SIP
for the Delaware and Lebanon Areas under section 110(k) for all
requirements applicable under section 110 general SIP requirements, and
subparts 1 and 4 of part D for purposes of redesignation under the 2012
annual PM2.5 NAAQS. EPA has previously approved
Pennsylvania's 2011 emissions inventories for the Delaware and Lebanon
Areas as meeting the requirement of section 172(c)(3) of the CAA. See
83 FR 31064 (July 3, 2018). EPA also previously approved Pennsylvania's
PSD program required under section 110 of the CAA. See 49 FR 33127
(August 21, 1984). No Delaware and Lebanon Areas SIP provisions are
currently disapproved,
[[Page 33892]]
conditionally approved, or partially approved. Therefore, the
Administrator has fully approved the applicable requirements for the
Delaware and Lebanon Areas under section 110(k) in accordance with
section 107(d)(3)(E)(ii).
C. Are the air quality improvements in the Delaware and Lebanon Areas
due to permanent and enforceable emission reductions?
For redesignating a nonattainment area to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from implementation of the SIP and
applicable Federal air pollution control regulations and other
permanent and enforceable reductions.
In making this demonstration for the Delaware and Lebanon Areas,
Pennsylvania has calculated the change in emissions of PM2.5
and its precursors between 2011, which is a year used to designate the
Areas as nonattainment (i.e., the base year), and 2014, which is one of
the years the Areas monitored attainment (i.e., the attainment year),
as shown in Tables 3 and 4. The reduction in emissions in tons per year
(tpy), and the corresponding improvement in air quality from 2011 to
2014 in the Areas can be attributed to a number of regulatory control
measures that have been implemented in the Areas and contributing areas
in recent years.
Table 3--2011 to 2014 Emission Reductions in Delaware County
[tpy]
----------------------------------------------------------------------------------------------------------------
2014
Sector 2011 Base year Attainment Difference
year 2011-2014
----------------------------------------------------------------------------------------------------------------
PM
----------------------------------------------------------------------------------------------------------------
Point........................................................... 1,497 624 873
Area............................................................ 999 999 0
Onroad.......................................................... 179 136 43
Nonroad......................................................... 122 97 25
-----------------------------------------------
Total....................................................... 2,797 1,856 941
----------------------------------------------------------------------------------------------------------------
SO
----------------------------------------------------------------------------------------------------------------
Point........................................................... 4,976 1,924 3,052
Area............................................................ 2,055 708 1,347
Onroad.......................................................... 31 31 0
Nonroad......................................................... 3 2 1
-----------------------------------------------
Total....................................................... 7,065 2,665 4,400
----------------------------------------------------------------------------------------------------------------
NO
----------------------------------------------------------------------------------------------------------------
Point........................................................... 7,642 5,181 2,461
Area............................................................ 2,876 2,385 491
Onroad.......................................................... 5,643 4,652 991
Nonroad......................................................... 1,124 783 341
-----------------------------------------------
Total....................................................... 17,285 13,001 4,284
----------------------------------------------------------------------------------------------------------------
VOC
----------------------------------------------------------------------------------------------------------------
Point........................................................... 1,393 1,410 -17
Area............................................................ 6,779 7,396 -617
Onroad.......................................................... 3,000 2,534 466
Nonroad......................................................... 1,788 1,145 643
-----------------------------------------------
Total....................................................... 12,960 12,485 475
----------------------------------------------------------------------------------------------------------------
NH
----------------------------------------------------------------------------------------------------------------
Point........................................................... 218 201 17
Area............................................................ 206 179 27
Onroad.......................................................... 130 118 12
Nonroad......................................................... 2 2 0
-----------------------------------------------
Total....................................................... 556 500 56
----------------------------------------------------------------------------------------------------------------
[[Page 33893]]
Table 4--2011 to 2014 Emission Reductions in Lebanon County
[tpy]
----------------------------------------------------------------------------------------------------------------
2014
Sector 2011 Base year Attainment Difference
year 2011-2014
----------------------------------------------------------------------------------------------------------------
PM
----------------------------------------------------------------------------------------------------------------
Point........................................................... 81 120 -39
Area............................................................ 1,287 1,088 199
Onroad.......................................................... 92 87 5
Nonroad......................................................... 62 47 15
-----------------------------------------------
Total....................................................... 1,522 1,342 180
----------------------------------------------------------------------------------------------------------------
SO
----------------------------------------------------------------------------------------------------------------
Point........................................................... 278 229 49
Area............................................................ 374 368 6
Onroad.......................................................... 11 11 0
Nonroad......................................................... 2 1 1
-----------------------------------------------
Total....................................................... 665 609 56
----------------------------------------------------------------------------------------------------------------
NO
----------------------------------------------------------------------------------------------------------------
Point........................................................... 690 549 141
Area............................................................ 869 1,258 -389
Onroad.......................................................... 2,937 3,131 -194
Nonroad......................................................... 616 505 111
-----------------------------------------------
Total....................................................... 5,112 5,443 -331
----------------------------------------------------------------------------------------------------------------
VOC
----------------------------------------------------------------------------------------------------------------
Point........................................................... 182 220 -38
Area............................................................ 5,924 6,657 -733
Onroad.......................................................... 1,332 1,183 149
Nonroad......................................................... 668 316 352
-----------------------------------------------
Total....................................................... 8,106 8,376 -270
----------------------------------------------------------------------------------------------------------------
NH
----------------------------------------------------------------------------------------------------------------
Point........................................................... 17 22 -5
Area............................................................ 3,843 2,251 1,592
Onroad.......................................................... 49 44 5
Nonroad......................................................... 1 1 0
-----------------------------------------------
Total....................................................... 3,910 2,318 1,592
----------------------------------------------------------------------------------------------------------------
In Delaware County, emissions of PM2.5 and all
precursors decreased from 2011 to 2014. In Lebanon County, while
emissions of PM2.5, SO2, and NH3
decreased, emissions of NOX and VOC increased from the 2011
base year to the 2014 attainment years. However, in Lebanon County,
despite the modest increases in NOX and VOC emissions, total
emissions of PM2.5 and its precursors have decreased by over
1200 tpy. Emissions in Delaware County have decreased by over 10,000
tpy in the same time period. The reduction in emissions and the
corresponding improvement in air quality over this period can be
attributed to a number of regulatory control measures that the Delaware
and Lebanon Areas and contributing areas have implemented in recent
years, which are described further below.
Permanent and Enforceable Controls Implemented
Reductions in directly emitted fine particles and fine particle
precursor emissions have occurred statewide and in upwind areas because
of state and Federal emission control measures, with additional
emission reductions expected to occur in the future. This section
contains a discussion of permanent and enforceable measures that have
been implemented in the Delaware and Lebanon Areas.
Stationary Source Measures
NOX SIP Call: On October 27, 1998 (63 FR 57356), EPA issued the
NOX SIP Call requiring the District of Columbia and 22
states to reduce emissions of NOX, a precursor to ozone
pollution.\6\ Affected states were required to comply with Phase I of
the SIP Call beginning in 2004 and Phase II beginning in 2007. Emission
reductions resulting from regulations developed in response to the
NOX SIP Call are permanent and enforceable. By imposing an
emissions cap regionally, the NOX SIP Call reduced
NOX emissions from large EGUs and large non-EGUs such as
industrial boilers, internal combustion engines, and cement kilns. In
response to the NOX SIP Call, Pennsylvania
[[Page 33894]]
adopted its NOX Budget Trading Program regulations for EGUs
and large industrial boilers, with emission reductions starting in May
2003. Pennsylvania's NOX Budget Trading Program regulation
was approved into the Pennsylvania SIP on August 21, 2001 (66 FR
43795). To meet other requirements of the NOX SIP Call,
Pennsylvania adopted NOX control regulations for cement
plants and internal combustion engines, with emission reductions
starting in May 2005. These regulations were approved into the
Pennsylvania SIP on September 29, 2006 (71 FR 57428).
---------------------------------------------------------------------------
\6\ Although the NOX SIP Call was issued in order to
address ozone pollution, reductions of NOX as a result of
that program have also impacted PM2.5 pollution, for
which NOX is also a precursor emission.
---------------------------------------------------------------------------
Clean Air Interstate Rule (CAIR) and Cross State Air Pollution Rule
(CSPAR): CAIR, which was promulgated on May 12, 2005 (70 FR 25162), and
subsequently revised on April 28, 2006, and December 13, 2006, created
regional cap-and-trade programs to reduce SO2 and
NOX emissions in 28 eastern states, including Pennsylvania.
In 2009, the CAIR ozone season NOX trading program
superseded the NOX Budget Trading Program, although the
emission reduction obligations of the NOX SIP Call were not
rescinded. See 40 CFR 51.121(r) and 51.123(aa). On May 23, 2008,
Pennsylvania submitted a full CAIR SIP revision to meet the
requirements of CAIR. Pennsylvania's CAIR SIP revision addressed all
the requirements of CAIR rulemaking and also modified other
requirements in Pennsylvania's SIP that interact with CAIR. EPA
approved the Commonwealth's CAIR regulation, codified in 25 Pa. Code
Chapter 145, Subchapter D, into the Pennsylvania SIP on December 10,
2009 (74 FR 65446). In Pennsylvania's CAIR SIP revision, Pennsylvania
terminated its NOX Budget Trading Program and transitioned
to the Federal CAIR for large electric generating units (EGU).
On July 6, 2011, EPA finalized CSAPR as a replacement for CAIR.
CSAPR became effective on January 1, 2015, for SO2 and
annual NOX, and May 1, 2015, for ozone season
NOX. 76 FR 48208. EPA estimated CSAPR will reduce EGU
SO2 emissions by 73% and NOX emissions by 54%
from 2005 levels in the CSAPR region, which includes Pennsylvania. On
September 7, 2016, EPA finalized the CSAPR Update, which reduced
Pennsylvania's ozone season NOX trading budget from 51,912
tons to 17,952 tons of ozone season allowances, reduced Pennsylvania's
ozone season NOX emissions variability limit from 10,902
tons to 3,770 tons, and reduced Pennsylvania's NOX ozone
season new unit set-aside from 1,038 tons to 541 tons. 81 FR 74504
(October 26, 2016).
Because CSAPR is a Federal implementation plan (FIP), states are
not required to develop their own CSAPR rules. EPA sets an emissions
budget for each of the states covered by CSAPR, including Pennsylvania.
Allowances to emit pollution are allocated to affected sources based on
each state's emissions budget. The rule provides flexibility to
affected sources, allowing sources in each state to determine their own
compliance path. This includes adding or operating control
technologies, upgrading or improving controls, switching fuels, and
using allowances. Sources can buy and sell allowances and bank
allowances for future use as long as each source holds enough
allowances to account for its emissions by the end of the compliance
period.
NOX Budget Trading Program Limits on Non-EGUs: Pennsylvania's CAIR
SIP revision also established emission limits for the non-EGUs and
other units that were subject to the Commonwealth's NOX
Budget Trading Program but are not subject to the CAIR NOX
Ozone Season Trading Program. These units must continue monitoring
NOX emissions and must meet an emissions cap. Pennsylvania's
regulation, codified in 25 Pa. Code Sec. 145.8(d), was approved by EPA
as a SIP revision on December 10, 2009, and codified at 40 CFR
52.2020(c)(1).
Cement Kilns and Large Stationary Internal Combustion Engines:
Pennsylvania's CAIR SIP revision also included regulations updating the
cement manufacturing and large stationary internal combustion engine
regulations that were adopted pursuant to the NOX SIP Call.
Until 2009, cement kilns and large stationary internal combustion
engines that were subject to the NOX SIP Call were required
to surrender NOX SIP Call allowances if they exceeded their
NOX emission limits set forth in Pennsylvania's regulations.
Because Pennsylvania discontinued the NOX Budget Trading
Program beginning 2009, at which point NOX SIP Call
allowances were replaced by CAIR NOX ozone season
allowances, Pennsylvania modified the regulations to require surrender
of CAIR NOX ozone season and CAIR NOX annual
allowances for emission limit exceedances. Pennsylvania's regulations
for large stationary internal combustion engines and cement kilns,
codified in 25 Pa. Code Chapter 145, Subchapters B and C, respectively,
were approved by EPA as a SIP revision on December 10, 2009, and
codified at 40 CFR 51.2020(c)(1). An amendment to Pennsylvania's
regulation for cement kilns to reduce NOX emissions
effective April 15, 2011, codified in 25 Pa. Code Chapter 145,
Subchapter C, was subsequently approved by EPA as a SIP revision on
July 19, 2011, and codified at 40 CFR 51.2020(c)(1).
Federal Standards for Hazardous Air Pollutants: As required by the
CAA, EPA developed Maximum Available Control Technology (MACT)
Standards to regulate emissions of hazardous air pollutants from a
published list of industrial sources referred to as ``source
categories.'' The MACT standards have been adopted and incorporated by
reference in Section 6.6 of Pennsylvania's Air Pollution Control Act
and implementing regulations in 25 Pa. Code Sec. 127.35 and are also
included in Federally enforceable permits issued by PADEP for affected
sources.
NNSR: Major facilities proposed in Pennsylvania are subject to NNSR
requirements in nonattainment areas and PSD requirements in areas of
the Commonwealth designated attainment for NAAQS including carbon
monoxide (CO), PM, lead, SO2, ozone and nitrogen dioxide
(NO2). Generally, NSR permit requirements are applicable to
a facility located in a nonattainment area for a particular pollutant
with a potential to emit 50 tpy or more of VOCs or 100 tpy or more of
NOX, SO2, PM or CO. It should be noted that the
entire Commonwealth is included in the Ozone Transport Region pursuant
to section 184 of the CAA, and is treated as a moderate ozone
nonattainment area, irrespective of the area's attainment status. Any
major stationary source or major modification subject to the NSR
requirements must receive a plan approval, which requires the source
to, among other things, offset its potential to emit air contaminants
including NOX, PM and VOCs by securing emission reduction
credits at the specified offset ratio, employ the ``lowest achievable
emission rate'' (LAER) for each regulated pollutant and conduct an
alternative analysis. The nonattainment NSR requirements are codified
in 25 Pa. Code chapter 127, subchapter E and approved by EPA as a
revision to the Commonwealth's SIP on December 9, 1997 (62 FR 64722),
and May 14, 2012 (77 FR 28261). See 40 CFR 52.2020(e)(1).
PSD: The PSD program is a pre-construction review and permitting
program applicable to new or modified major stationary sources subject
to title I, parts C of the CAA. The PSD requirements are applicable to
major sources in areas attaining the NAAQS. The Federal PSD regulations
codified in 40 CFR part 52 are incorporated by reference in their
entirety in 25 Pa. Code Sec. 127.83. Pennsylvania's PSD
[[Page 33895]]
regulations, codified in 25 Pa. Code Chapter 127, subchapter D, were
approved by EPA on August 21, 1984, and codified at 40 CFR 52.2058 (49
FR 33127). PSD permit requirements may apply to a facility located in
an attainment with the potential to emit 100 tpy or 250 tpy of the six
criteria pollutants including lead, CO, NO2, ozone, PM and
SO2 depending on the source category. Any major stationary
source or major modification subject to the PSD requirements must
establish the best available control technology (BACT). In addition,
the owner or operator of a facility needs to conduct an ambient air
quality analysis, analyze the impacts to soils, vegetation and
visibility and make sure that the project will not adversely impact
mandatory Federal Class I areas including national parks greater than
6,000 acres and national wilderness areas and national memorial parks
greater than 5,000 acres. In addition, pursuant to 25 Pa. Code Sec.
127.1, the emissions of air pollutants from new sources in Pennsylvania
must be controlled to the maximum extent, consistent with Best
Available Technology (BAT), as determined by the Department as of the
date of issuance of the plan approval for the new source. PADEP
determines BAT requirements on a case-by-case basis for both major and
minor stationary sources considering energy, environmental benefits and
costs. Under 25 Pa. Code Sec. 127.12(a)(5), an application for a plan
approval must show that the emissions from a new source will be the
minimum attainable through the use of BAT. Pennsylvania regulations
define ``best available technology'' in 25 Pa. Code Sec. 121.1 as,
``Equipment, devices, methods or techniques as determined by the
Department which will prevent, reduce or control emissions of air
contaminants to the maximum degree possible and which are available or
may be made available.'' PADEP's BAT regulations, codified in 25 Pa.
Code Sec. Sec. 127.1 and 127.12(a)(5), were approved by EPA on July
30, 1996 (61 FR 39594).
Sunoco Marcus Hook Shutdown--Delaware County Only
In addition to the stationary, mobile, nonroad, and area emissions
control measures list in this section, emissions in Delaware County
were reduced as a result of the permanent shutdown of the largest
emitting point source in the county. The Sunoco, Inc. Marcus Hook
Refinery facility, located three miles southwest of the Chester
monitoring site, shut down and permanently ceased all crude petroleum
refining operations, effective December 31, 2011. In the Delaware
County redesignation request, Pennsylvania reports that, due to this
permanent shutdown of the refining operations, emissions from the
facility were reduced by more than 4,500 tons (2,044 tpy oxides of
sulfur, 1,490 oxides of nitrogen, 674 tpy PM2.5, 320 tpy
VOC, and 3 tpy NH3) from the 2011 base year.
Mobile Sources
Federal Motor Vehicle Control Programs (FMVCP) and Pennsylvania
Clean Vehicles Program for Passenger Vehicles and Light-Duty Trucks and
Cleaner Gasoline: Tier 1 tailpipe standards established by the CAA
Amendments of 1990, under section 202(g) of the CAA, include
NOX and VOC limits for light-duty gasoline vehicles and
light-duty gasoline trucks. In 1994, these standards began to be phased
in. Evaporative VOC emissions were reduced in gasoline-powered cars
starting with Model Year (MY) 1998. In 1998, Pennsylvania adopted the
Pennsylvania Clean Vehicles Program, which incorporates by reference
certain California Low Emission Vehicle (CA LEV) emission standards for
passenger cars and light-duty trucks. As required under section 177 of
the CAA, these provisions are identical to the low emission standards
adopted by California. The Pennsylvania Clean Vehicles Program does not
incorporate by reference the California zero emissions vehicle (ZEV) or
emissions control warranty systems statement provisions. In the same
rulemaking, Pennsylvania adopted the National Low Emission Vehicle
(NLEV) program as a compliance alternative to the Pennsylvania Clean
Vehicles Program. The NLEV program became effective in the Ozone
Transport Region (OTR) in 1999. Pennsylvania's New Motor Vehicle
Emissions Control Program regulations allowed automobile manufacturers
to comply with NLEV instead of the CA LEV program through MY 2005.
These regulations affected vehicles 6,000 pounds and less.
Pennsylvania's New Motor Vehicle Emissions Control Program regulations,
which include the Pennsylvania Clean Vehicles Program, are codified in
25 Pa. Code Sec. Sec. 126.401-126.441, and are approved into the
Pennsylvania SIP. See 77 FR 3386 (January 24, 2012).
In 1999, EPA promulgated regulations more stringent than NLEV (Tier
2), starting with model year (MY) 2004. The NLEV program was replaced
for MY 2004 and later by the more stringent Federal Tier 2 vehicle
emissions regulations (65 FR 6698, February 10, 2000), and vehicle
manufacturers operating under the NLEV program became subject to the
Tier 2 requirements. Pennsylvania amended the former New Motor Vehicle
Emissions Control Program in 2006. The Clean Vehicles Program continues
to incorporate the CA LEV program by reference. As amended, the program
affects MY 2008 and newer passenger cars and light-duty trucks. EPA
approved Pennsylvania's Clean Vehicles Program as a revision to the
Commonwealth's SIP on January 24, 2012 (77 FR 3386).
Heavy-Duty Diesel Control Programs: On January 18, 2001, EPA
promulgated regulations for heavy-duty engines and vehicles (over
14,000 pounds) starting with MY 2004. 66 FR 5002. In 2002, Pennsylvania
adopted the Heavy-Duty Diesel Emissions Control Program for model years
starting after May 2004. The program incorporates California standards
by reference and requires MY 2005 and subsequent new heavy-duty diesel
highway engines to be those certified by California. On October 6,
2000, EPA adopted new emission standards for heavy-duty engines and
vehicles for MY 2007 and subsequent years. 65 FR 59896. For diesel
engines, the standards were phased in from 2007 to 2010 for
NOX and VOCs. For gasoline engines, the standards were
phased in during MY 2008 and 2009. Federal and California standards are
virtually identical for MY 2007. For MY 2008, California adopted
requirements for idling restriction engine programming and an optional
``clean NOX idle'' standard. Because the new engine
standards are adversely affected by sulfur in fuel, EPA also required
most highway diesel fuel to contain no more than 15 parts per million
(ppm) of sulfur, beginning in the fall of 2006. In addition, Federal
heavy-duty greenhouse gas standards (76 FR 57106, September 15, 2011),
which began phasing in with the MY 2014, will result in decreased
energy consumption rates and decreased refueling emissions.
Vehicle Emission Inspection/Maintenance Program: In early 2004,
Pennsylvania expanded its Vehicle Emission Inspection/Maintenance (I/M)
Program. Delaware County falls under Pennsylvania's ``Philadelphia''
program (which also includes Bucks, Chester, Montgomery and
Philadelphia Counties), while Lebanon County falls under Pennsylvania's
``South Central Region'' program (which also includes Berks,
Cumberland, Dauphin, Lancaster, Lehigh, Northampton, and York
Counties). Both programs apply to gasoline-powered vehicles 9,000
pounds and under, MY 1975 and newer. For vehicles MY 1996 and newer,
the programs consist of an annual on-board diagnostic test and a gas
cap pressure
[[Page 33896]]
test. For subject vehicles MY 1995 and older, the programs consist of
an annual visual inspection of pollution control devices to ensure they
are present, connected and the proper type for the vehicle, as well as
a gas cap pressure test. In addition, the Philadelphia area program
requires dynamometer testing on certain MY 1995 and older vehicles.
However, the dynamometer testing is being phased out, with the vehicles
dropping out each year. By 2021, the dynamometer testing will be
completely phased out for all vehicles MY 1995 and older, and these
vehicles will receive the same tests as in the South Central Region
program. These regulations can be found in 67 Pa. Code Chapter 177.
Pennsylvania submitted the expanded emissions program to EPA as a SIP
revision on December 1, 2003. EPA approved the SIP revision on October
6, 2005 (70 FR 58313).
Low Sulfur Gasoline: The 1999 Federal Tier 2 regulations (65 FR
6698, February 10, 2000) reduced the sulfur content of gasoline by up
to 90 percent, enabling the use of new emission control technologies in
cars and trucks that reduce harmful air pollution. Requirements for use
of low-sulfur gasoline enabled use of advanced emission control systems
in light-duty vehicles beginning in MY 2004. Vehicles meeting Tier 2
emission standards are 77 to 95 percent cleaner than earlier models. On
April 28, 2014, EPA promulgated a regulation adopting more stringent
vehicle standards and reducing sulfur limits in gasoline further with
the Tier 3 Motor Vehicle Emission and Fuel Standards program (79 FR
23414). The rule was effective on June 27, 2014. The Tier 3 program
requires the annual average content of sulfur in gasoline to be reduced
to 10 ppm, effective January 1, 2017. By 2030, when fully implemented,
this program will increase the effectiveness of vehicle emission
controls even further and reduce onroad emissions of NOX by
25 percent, direct particulate matter by 10 percent and VOCs by 16
percent. The rule will also significantly reduce emissions of carbon
monoxide and hazardous air pollutants including acrolein, benzene,
formaldehyde and acetaldehyde.
Nonroad Sources
EPA has adopted a series of regulations affecting new diesel-
powered (compression ignition) and gasoline-powered (spark ignition)
nonroad engines of various sizes and applications. On June 29, 2004,
EPA adopted a rule establishing a comprehensive national program to
reduce emissions from nonroad diesel engines (69 FR 38958). The rule
phased in requirements for reducing the sulfur content of diesel used
in nonroad diesel engines. The reduction in fuel sulfur content
prevents damage to the more advanced emission control systems needed to
meet the engine standards; it will also reduce fine particulate
emissions from diesel engines. In 2007, fuel sulfur levels were limited
to 500 ppm for nonroad applications other than ocean-going marine
vessels. In 2010, fuel sulfur levels were reduced to the same sulfur
concentration as in highway fuel, 15 ppm; effective in 2012 to
locomotive and marine diesel fuel. See 70 FR 70498 (November 22, 2015)
and 71 FR 25706 (May 1, 2006). On April 30, 2010, EPA adopted changes
to the nonroad diesel fuel program to allow for the production and sale
of diesel fuel with up to 1,000 ppm sulfur for use in Category 3 marine
vessels. 75 FR 22896
Area Sources
Low Sulfur Fuel Oil: Pennsylvania's low sulfur fuel rule limits the
sulfur content of No. 2 fuel oil to 500 ppm, No. 4 fuel oil to 2,500
ppm and Nos. 5 and 6 fuel oils to 5,000 ppm. Compliance with the lower
sulfur content limits began on July 1, 2016. Pennsylvania estimated
statewide SO2 emission reductions of approximately 21,000
tons per year from this rule. These emission reductions will allow the
Commonwealth to attain and maintain the PM2.5 standards and
improve visibility. The final-form regulation was submitted to EPA for
approval as a SIP revision on February 26, 2013. EPA approved this rule
into Pennsylvania's SIP on July 10, 2014 (79 FR 39330).
Consumer Products: Pennsylvania's statewide regulation applies to
any person who sells, supplies, offers for sale, or manufactures
certain consumer products on or after January 1, 2005, for use in the
Commonwealth. The Consumer Products program is codified in 25 Pa. Code
Chapter 130, Subchapter B. It was submitted to EPA as a SIP revision on
March 26, 2003 and approved on December 8, 2004 (69 FR 70895).
Amendments to the Consumer Products regulations were adopted on October
11, 2008, submitted to EPA as a SIP revision on March 11, 2009, and
approved on October 18, 2010 (75 FR 63717).
Adhesives, Sealants, Primers and Solvents: Pennsylvania adopted a
regulation in 2010 to control VOC emissions from adhesives, sealants,
primers and solvents. EPA approved this regulation as a SIP revision on
September 26, 2012 (77 FR 59090).
Conclusion: EPA has reviewed this suite of measures and the
emission reductions achieved in the Delaware and Lebanon Areas between
2011 and 2014 (summarized in Table 3 and 4) and determined that the
Areas did attain the 2012 annual PM2.5 NAAQS due to
permanent and enforceable measures.
D. Does Pennsylvania have fully approvable maintenance plans for the
Delaware and Lebanon Areas?
In conjunction with Pennsylvania's requests to redesignate the
Delaware and Lebanon Areas to attainment, Pennsylvania submitted SIP
revisions to provide for maintenance of the 2012 annual
PM2.5 NAAQS in the Areas through 2030. EPA is proposing to
approve Pennsylvania's maintenance plans in this rulemaking action. If
this proposed action is finalized, the Areas will have approved
maintenance plans.
Maintenance Plan Requirements
Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after EPA
approves a redesignation to attainment. Eight years after
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for ten
years following the initial 10-year maintenance period. To address the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures with a schedule for implementation as EPA
deems necessary to assure prompt correction of any future
PM2.5 NAAQS violations.
The Calcagni memorandum provides additional guidance on the content
of a maintenance plan. It states that a maintenance plan should address
the following items: The attainment emissions inventory, a maintenance
demonstration showing maintenance for the 10 years of the maintenance
period, a commitment to maintain the existing monitoring network,
factors and procedures to be used for verification of continued
attainment of the NAAQS, and a contingency plan to prevent or correct
future violations of the NAAQS.
As discussed in detail in the following section, Pennsylvania's
maintenance plan submissions document that the Delaware and Lebanon
Areas' emissions inventories show that the areas will remain below the
attainment year inventories through 2030, more than ten years after
redesignation.
[[Page 33897]]
Attainment Inventory
The Calcagni memorandum indicates that states requesting
redesignation to attainment should develop an attainment emissions
inventory in order to identify the level of emissions in the area that
is sufficient to attain the NAAQS. The attainment inventory should be
consistent with EPA's most recent guidance on emission inventories for
nonattainment areas available at the time and should include the
emissions during the time period associated with monitoring data
showing attainment.
Pennsylvania developed attainment year emissions inventories for
the Delaware and Lebanon Areas for 2014, one of the years in the period
during which the Areas first monitored attainment of the 2012 annual
PM2.5 NAAQS. The attainment year inventories include
emissions of PM2.5, NOX, SO2, VOC,
NH3, and PM10. The attainment levels of emissions
are summarized in Tables 5 and 6, along with future maintenance
projections. Note that these tables do not include emissions of
PM10, as it is not a precursor to PM2.5.
Table 5--Delaware County Emissions Inventory Maintenance Demonstration
[tpy]
----------------------------------------------------------------------------------------------------------------
2014 2030 Difference Difference
Sector Attainment 2022 Interim Maintenance 2014-2022 2014-2030
----------------------------------------------------------------------------------------------------------------
PM
----------------------------------------------------------------------------------------------------------------
Point........................... 624 635 684 -11 -60
Area............................ 999 1,030 1,050 -31 -51
Onroad.......................... 136 79 53 57 83
Nonroad......................... 97 74 66 23 31
-------------------------------------------------------------------------------
Total....................... 1,856 1,818 1,853 38 3
----------------------------------------------------------------------------------------------------------------
SO
----------------------------------------------------------------------------------------------------------------
Point........................... 1,924 1,896 1,896 28 28
Area............................ 708 194 164 514 544
Onroad.......................... 31 11 10 20 21
Nonroad......................... 2 1 1 1 1
-------------------------------------------------------------------------------
Total....................... 2,665 2,102 2,071 563 594
----------------------------------------------------------------------------------------------------------------
NO
----------------------------------------------------------------------------------------------------------------
Point........................... 5,181 5,690 5,784 -509 -603
Area............................ 2,385 2,110 2,008 275 377
Onroad.......................... 4,652 2,016 956 2,636 3,696
Nonroad......................... 783 524 459 259 324
-------------------------------------------------------------------------------
Total....................... 13,001 10,340 9,207 2,661 3,794
----------------------------------------------------------------------------------------------------------------
VOC
----------------------------------------------------------------------------------------------------------------
Point........................... 1,410 1,501 1,508 -91 -98
Area............................ 7,396 7,393 7,421 3 -25
Onroad.......................... 2,534 1,354 816 1,180 1,718
Nonroad......................... 1,145 953 943 192 202
-------------------------------------------------------------------------------
Total....................... 12,485 11,201 10,688 1,284 1,797
----------------------------------------------------------------------------------------------------------------
NH
----------------------------------------------------------------------------------------------------------------
Point........................... 201 165 171 36 30
Area............................ 179 157 153 22 26
Onroad.......................... 118 89 88 29 30
Nonroad......................... 2 2 2 0 0
-------------------------------------------------------------------------------
Total....................... 500 413 414 87 86
----------------------------------------------------------------------------------------------------------------
Table 6--Lebanon County Emissions Inventory Maintenance Demonstration
[tpy]
----------------------------------------------------------------------------------------------------------------
2014 2030 Difference Difference
Sector Attainment 2022 Interim Maintenance 2014-2022 2014-2030
----------------------------------------------------------------------------------------------------------------
PM
----------------------------------------------------------------------------------------------------------------
Point........................... 120 154 178 -34 -58
Area............................ 1,088 1,016 1,024 72 64
Onroad.......................... 87 50 31 37 56
Nonroad......................... 47 29 19 18 28
-------------------------------------------------------------------------------
[[Page 33898]]
Total....................... 1,342 1,249 1,252 93 90
----------------------------------------------------------------------------------------------------------------
SO
----------------------------------------------------------------------------------------------------------------
Point........................... 229 235 238 -6 -9
Area............................ 368 80 69 288 299
Onroad.......................... 11 6 6 5 5
Nonroad......................... 1 1 1 0 0
-------------------------------------------------------------------------------
Total....................... 609 322 314 287 295
----------------------------------------------------------------------------------------------------------------
NO
----------------------------------------------------------------------------------------------------------------
Point........................... 549 637 718 -88 -169
Area............................ 1,258 1,132 1,057 126 201
Onroad.......................... 3,131 1,867 1,374 1,264 1,757
Nonroad......................... 505 305 214 200 291
-------------------------------------------------------------------------------
Total....................... 5,443 3,941 3,363 1,502 2,080
----------------------------------------------------------------------------------------------------------------
VOC
----------------------------------------------------------------------------------------------------------------
Point........................... 220 226 229 -6 -9
Area............................ 6,657 6,660 6,681 -3 -24
Onroad.......................... 1,183 644 411 539 772
Nonroad......................... 316 238 226 78 90
-------------------------------------------------------------------------------
Total....................... 8,376 7,768 7,547 608 829
----------------------------------------------------------------------------------------------------------------
NH
----------------------------------------------------------------------------------------------------------------
Point........................... 22 29 33 -7 -11
Area............................ 2,251 2,336 2,334 -85 -83
Onroad.......................... 44 35 35 9 9
Nonroad......................... 1 1 1 0 0
-------------------------------------------------------------------------------
Total....................... 2,318 2,401 2,403 -83 -85
----------------------------------------------------------------------------------------------------------------
Maintenance Demonstration
As discussed previously in this notice, EPA has determined that the
Delaware and Lebanon Areas are attaining the 2012 annual
PM2.5 NAAQS based on monitoring data for the 3-year period
from 2015-2017. In its maintenance plans, Pennsylvania demonstrates
maintenance by showing that emissions projected over the maintenance
period for the Areas will not exceed emissions levels that were present
when the Areas came into attainment of the 2012 annual PM2.5
NAAQS. Pennsylvania selected 2014 as the attainment emission inventory
year for the Delaware and Lebanon Areas. The attainment inventories
identify the level of emissions in the Delaware and Lebanon Areas that
is sufficient to attain the 2012 annual PM2.5 NAAQS.
Pennsylvania has previously submitted 2011 base year emission
inventories for the Delaware and Lebanon Areas, which EPA approved into
the Pennsylvania SIP. See 83 FR 31064. In its maintenance
demonstrations for the Delaware and Lebanon Areas, Pennsylvania
projected emissions forward to 2022 and 2030, which satisfies the 10-
year interval required in section 175(A) of the CAA.
The emissions inventories address four major types of sources:
Point, area, on-road mobile, and non-road mobile. The future year
emissions inventories have been estimated using projected rates of
growth in population, traffic, economic activity, expected control
programs, and other parameters. Non-road mobile emissions estimates,
with the exception of the railroad locomotives, commercial marine, and
aircraft emissions, were developed using EPA's NONROAD component of
EPA's Motor Vehicle Emissions Simulator (MOVES) model version 2014b.
On-road mobile source emissions were calculated using EPA's MOVES2014a
on-road mobile emission model.
EPA has reviewed Pennsylvania's emissions inventories for the
Delaware and Lebanon Areas and determined that Pennsylvania developed
them consistent with EPA guidance. EPA's evaluation of the 2014
attainment inventories and 2020 and 2030 projected inventories can be
found EPA's technical support documents (TSDs) prepared for the
Delaware and Lebanon Areas, which are available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2019-0262.
Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the area ``for at least 10 years after the redesignation.'' EPA has
interpreted this as a showing of maintenance ``for a period of ten
years following redesignation.'' (Calcagni memorandum, p. 9). Where the
emissions inventory method of showing maintenance is used, the purpose
is to show that emissions during the maintenance period will not
increase over the attainment year inventory. (Calcagni memorandum, pp.
9-10). Pennsylvania's maintenance plan
[[Page 33899]]
submissions expressly document that the Delaware and Lebanon Areas
overall emissions inventories will remain well below the attainment
year inventories through 2030. In addition, EPA believes that the
Delaware and Lebanon Areas will continue to maintain the 2012 annual
PM2.5 NAAQS through 2030. Thus, if EPA finalizes its
proposed approval of the redesignation request and maintenance plan,
the approval will be based upon this showing, in accordance with
section 175A, and EPA's analysis described herein, that the Delaware
and Lebanon Areas' maintenance plans provide for maintenance for at
least ten years after redesignation.
The maintenance plans for the Delaware and Lebanon Areas for the
2012 annual PM2.5 NAAQS include a maintenance demonstration
that:
(1) Shows compliance with and maintenance of the annual
PM2.5 NAAQS by providing information to support the
demonstration that current and future emissions of PM2.5 and
PM2.5 precursors remain at or below 2014 attainment year
emissions levels.
(2) Uses 2014 as the attainment year and includes future emission
inventory projections for 2022 and 2030.
(3) Identifies an ``out year'' at least 10 years after EPA review
and potential approval of the maintenance plan. Per 40 CFR part 93,
PM2.5 and NOX MVEBs were established for the last
year (2030) of the maintenance plan.
(iv) Provides, as shown in Tables 5 and 6, the estimated and
projected emissions inventories, in tons per year (tpy), for the
Delaware and Lebanon Area, for PM2.5, NOX,
SO2, VOC, and NH3.
For maintenance of the 2012 PM2.5 NAAQS, Pennsylvania
relies on the same suite of permanent and enforceable stationary,
mobile, nonroad, and area source measures as set out in the
redesignation requests for the Areas. As shown in Table 5, Pennsylvania
projects that emissions of PM2.5 and all its precursors will
be below the 2014 attainment year emissions through 2030 in Delaware
County. Table 6 shows that PM2.5 and all its precursors
except NH3 will below the 2014 attainment year emissions
through 2030 in Lebanon County. Although there is a slight increase in
the NH3 between 2014 and 2030 (85 tpy or 4%), NH3
emissions are significantly lower than they were in the 2011 base year
(3,910 tpy). Furthermore, in Lebanon County emission reductions of
PM2.5 and the other precursors far outweighs the slight
increase in NH3 emissions.
Monitoring Networks
In the maintenance plans, Pennsylvania committed to continue to
operate the air monitoring network in accordance with 40 CFR part 58 to
verify the attainment status of the Delaware and Lebanon Areas for the
2012 annual PM2.5 NAAQS, with no reductions in the number of
sites from those in the existing network unless pre-approved by EPA.
Verification of Continued Attainment
Pennsylvania remains obligated to continue to quality-assure
monitoring data and enter all data into the Air Quality System in
accordance with Federal guidelines. In the maintenance plans,
Pennsylvania committed to track the attainment status of the 2012
annual PM2.5 NAAQS in the Delaware and Lebanon Areas by
reviewing air quality and emissions data during the maintenance period.
Pennsylvania will perform an annual evaluation of two key factors,
vehicle miles traveled (VMT) data and emissions reported from
stationary sources and compare them to the assumptions about these
factors used in the maintenance plans. Pennsylvania will also evaluate
the periodic (every three years) emission inventories prepared under
EPA's Air Emission Reporting Requirements (40 CFR part 51, subpart A)
to determine if they exceed the attainment year inventory (2014) by
more than 10 percent. Based on these evaluations, Pennsylvania will
consider whether any further emission control measures should be
implemented.
Contingency Plan
Contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all pollution control measures that were contained in the SIP
before redesignation of the area to attainment. See section 175A(d) of
the CAA.
In the maintenance plans for the Delaware and Lebanon Areas,
Pennsylvania commits to continue to implement all applicable
requirements which were contained in the SIP for the Areas before
redesignation, even after EPA approval of Pennsylvania's requests for
the Areas to be redesignated to attainment. Additionally, Pennsylvania
commits to adopt and expeditiously implement corrective actions, as
necessary and appropriate, if contingency measures are triggered.
Pennsylvania's contingency plans for Delaware and Lebanon Areas define
warning level and action level responses.
The maintenance plans for the Areas state that a first-level
warning response will be triggered if the annual mean PM2.5
concentration exceeds 12.5 [mu]g/m\3\ in a single calendar year at any
monitor within one of the Areas or if the periodic emissions inventory
for one of the Areas exceeds the 2014 attainment year inventory by more
than 10 percent. The first-level response will consist of a study to
determine whether the triggers indicate a trend toward higher
PM2.5 values in the affected area and whether emissions of
PM2.5 and its precursors appear to be increasing. If there
appears to be an increasing trend, the study will evaluate whether the
trend is likely to continue and, if so, the necessary and appropriate
control measures to reverse the trend. Implementation of necessary and
appropriate controls would take place as expeditiously as possible.
The maintenance plans for the Areas explain that a second-level
warning response will be prompted if the 2-year average of the annual
mean PM2.5 concentrations exceeds 12.0 [mu]g/m\3\ at any
monitor within one of the Areas. If this occurs, Pennsylvania will
evaluate the conditions leading to the PM2.5 levels and
evaluate what measures might be most effective in correcting the
PM2.5 levels. Pennsylvania will also analyze the potential
emissions effects of Federal, state and local measures that have been
adopted but not yet implemented at the time the second-level response
is triggered. Pennsylvania will begin the process of adopting selected
measures that are necessary and appropriate so that, in the event of a
violation (action level trigger), the measures can be implemented as
expeditiously as practicable.
The maintenance plans for the Areas define an action level response
as being triggered if a violation of the PM2.5 NAAQS occurs.
If triggered, Pennsylvania will initiate the rulemaking process to
adopt and
[[Page 33900]]
implement contingency measures to return the area to attainment of the
2012 annual PM2.5 NAAQS. The maintenance plans set out the
following criteria for selecting contingency measures: Air quality
analysis indicating the nature of the violation; emission reduction
potential; timeliness of implementation; and costs, equity and cost-
effectiveness. The maintenance plans set time frames for adoption and
implementation of the contingency measures, which provides for full
adoption of measures within approximately 24 months of a confirmed
violation, considering all the steps in Pennsylvania's regulatory
adoption process. The contingency measures Pennsylvania would consider
promulgating if a violation of the 2012 annual PM2.5 NAAQS
occurs in one of the Areas include the following regulatory and
nonregulatory measures as listed in Table 7.
Table 7--Contingency Measures for the Delaware and Lebanon Areas
------------------------------------------------------------------------
Measure type Contingency measure
------------------------------------------------------------------------
Regulatory measures......................... A regulation to reduce
emissions on high-
electric demand days
(Delaware County only).
A regulation to lower the
sulfur content of No. 2
fuel oil from 500 to 15
ppm.
Other regulatory measures
identified based on the
selection criteria set
out in the contingency
plans.
Non-regulatory measures..................... Voluntary diesel projects:
--Diesel retrofit
(including
replacement,
repowering or
alternative fuel use)
for public or private
local onroad or off-
road fleets;
-- Idling reduction
technology for Class
2--yard locomotives;
and
-- Idling reduction
technologies or
strategies for truck
stops, warehouses and
other freight-handling
facilities.
Promotion of accelerated
turnover of lawn and
garden equipment,
especially commercial
equipment.
Additional promotion of
alternative fuels for
fleets, home heating and
agricultural use.
------------------------------------------------------------------------
Conclusion: EPA has reviewed Pennsylvania's maintenance plans for
Delaware and Lebanon Areas and determined that they meet the
requirements of CAA section 175A. The plans demonstrate continued
attainment of the 2012 annual PM2.5 NAAQS for at least ten
years after EPA approves a redesignation to attainment and they contain
adequate contingency measures to address the possibility of future
NAAQS violations. Therefore, EPA is proposing to approve the
maintenance plans.
V. Has Pennsylvania adopted approvable motor vehicle emission budgets?
A. What are the motor vehicle emissions budgets (MVEB)?
Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans in ozone areas. These
control strategy SIPs (i.e., RFP, SIPs and attainment demonstration
SIPs) and maintenance plans identify and establish MVEBs for certain
criteria pollutants and/or their precursors to address pollution from
on-road mobile sources. In the maintenance plan, the MVEBs are termed
``on road-mobile source emission budgets.'' Pursuant to 40 CFR part 93
and Sec. 51.112, MVEBs must be established in a PM2.5
maintenance plan. An MVEB is the portion of the total allowable
emissions that is allocated to highway and transit vehicle use and
emissions. An MVEB serves as a ceiling on emissions from an area's
planned transportation system. The MVEB concept is further explained in
the preamble to the November 24, 1993 Transportation Conformity Rule
(58 FR 62188). The preamble also describes how to establish and revise
the MVEBs in control strategy SIPs and maintenance plans.
Transportation conformity is required under section 176(c) of the
CAA to ensure that Federally supported highway and transit projects,
and other activities are consistent with (conform to) the purpose of
the SIP. The CAA requires Federal actions in nonattainment and
maintenance areas to ``conform to'' the goals of the SIP. This means
that such actions will not cause or contribute to violations of a
NAAQS; worsen the severity of an existing violation; or delay timely
attainment of any NAAQS or any interim milestone. Actions involving the
Federal Highway Administration (FHWA) or Federal Transit Administration
(FTA) funding or approval are subject to the Transportation Conformity
Rule (40 CFR part 93, subpart A). Under this rule, metropolitan
planning organizations (MPOs) in nonattainment and maintenance areas
coordinate with state air quality and transportation agencies, EPA,
FHWA, and FTA to demonstrate that their metropolitan transportation
plans and transportation improvement plans (TIPs) conform to applicable
SIPs. This is typically determined by showing that estimated emissions
from existing and planned highway and transit systems are less than or
equal to the MVEBs contained in a SIP.
When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEBs, EPA must affirmatively find the MVEBs contained
therein ``adequate'' for use in determining transportation conformity.
After EPA affirmatively finds the submitted MVEBs are adequate for
transportation conformity purposes, the MVEBs can be used by state and
Federal agencies in determining whether proposed transportation
projects ``conform'' to the SIP as required by section 176(c) of the
CAA. EPA's substantive criteria for determining ``adequacy'' of a MVEB
are set out in 40 CFR 93.118(e)(4).
EPA's process for determining ``adequacy'' consists of three basic
steps: Public notification of a SIP submission, a public comment
period, and EPA's adequacy finding. This process for determining the
adequacy of submitted SIP MVEBs was initially outlined in EPA's May 14,
1999 guidance, ``Conformity Guidance on Implementation of March 2,
1999, Conformity Court Decision.'' This guidance was finalized in the
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards and
Miscellaneous Revisions for Existing Areas; Transportation Conformity
Rule Amendments--Response to Court Decision and Additional Rule
Change'' on July 1, 2004 (69 FR 40004). EPA consults this guidance and
follows this rulemaking in making its adequacy determinations.
The maintenance plans submitted by PADEP for the Delaware and
Lebanon Areas identify the NOX and PM2.5 MVEBs
for transportation conformity purposes for the years 2014, 2022, and
2030. These MVEBs (including safety margins) are the projected
emissions for the on-road mobile sources plus any portion of the safety
margin allocated to the MVEBs (safety margin allocation for
[[Page 33901]]
2022 and 2030 only). These emission budgets, when approved by EPA, must
be used for transportation conformity determinations. The MVEBs for the
Delaware and Lebanon Areas are displayed in Tables 8 and 9.
Table 8--On-Road MVEBs Contained in the Delaware County, PA 2012 PM2.5
Nonattainment Area Maintenance Plan
------------------------------------------------------------------------
Mobile vehicle
Motor vehicle emissions budget
Delaware County, PA emissions budget for NOX on-road
for PM2.5 on-road emissions (tpy)
emissions (tpy)
------------------------------------------------------------------------
2014............................ 136 4,652
2022 Predicted.................. 75 1,833
Safety Margin................... 4 183
2022 Budget..................... 79 2,016
2030 Predicted.................. 53 869
Safety Margin................... 0 87
2030 Budget..................... 53 956
------------------------------------------------------------------------
Table 9--On-Road MVEBs Contained in the Lebanon County, PA 2012 PM2.5
Nonattainment Area Maintenance Plan
------------------------------------------------------------------------
Motor vehicle Mobile vehicle
emissions emissions
budget for budget for NOX
Lebanon County, PA PM2.5 on-road on-road
emissions emissions
(tpy) (tpy)
------------------------------------------------------------------------
2014.................................... 87 3,131
2022 Predicted.......................... 45 1,697
Safety Margin........................... 5 170
2022 Budget............................. 50 1,867
2030 Predicted.......................... 28 1,249
Safety Margin........................... 3 125
2030 Budget............................. 31 1,374
------------------------------------------------------------------------
B. What is a safety margin?
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. The highway emission
budgets include a safety margin, which was created by setting aside a
portion of the difference between attainment year and maintenance year
emissions of PM2.5 and NOX to accommodate
unanticipated growth in highway vehicles. The safety margin is the
extra emissions reduction below the attainment levels that can be
allocated for emissions by various sources as long as the total
emission levels are maintained at or below the attainment levels.
Tables 10 and 11 show that the amount of emission reductions
anticipated between 2014 and 2022 and between 2014 and 2030 that
accommodates the safety margins granted for the Delaware and Lebanon
Areas.
Table 10--Comparison of Safety Margin to Total Anticipated Emission
Reductions in 2022 and 2030 (Tons) for Delaware County
------------------------------------------------------------------------
Delaware County PM2.5 NOX
------------------------------------------------------------------------
2014.................................... 1,856 13,001
2022.................................... 1,814 10,157
2030.................................... 1,853 9,120
2014-2022 Anticipated Emission 43 2,844
Reductions.............................
Safety Margin Granted................... 4 183
2014-2030 Anticipated Emission 2 3,881
Reductions.............................
Safety Margin Granted................... 0 87
------------------------------------------------------------------------
Table 11--Comparison of Safety Margin to Total Anticipated Emission
Reductions in 2022 and 2030 (Tons) for Lebanon County
------------------------------------------------------------------------
Lebanon County PM2.5 NOX
------------------------------------------------------------------------
2014.................................... 1,343 5,443
2022.................................... 1,244 3,771
2030.................................... 1,249 3,238
2014-2022 Anticipated Emission 99 1,672
Reductions.............................
[[Page 33902]]
Safety Margin Granted................... 5 170
2014-2030 Anticipated Emission 94 2,205
Reductions.............................
Safety Margin Granted................... 3 125
------------------------------------------------------------------------
C. Why are the MVEBs approvable?
The 2014, 2022, and 2030 MVEBs for the Delaware and Lebanon Areas
are approvable because the MVEBs for NOX and
PM2.5 continue to maintain the total emissions at or below
the attainment year inventory levels as required by the transportation
conformity regulations.
D. What is the adequacy and approval process for the MVEBs in the
Delaware and Lebanon Areas maintenance plans?
In this case, EPA is concurrently processing the action on the
maintenance plan and the adequacy process for the MVEBs contained
therein. In this proposed rule, EPA is proposing to find the MVEBs
adequate and also proposing to approve the MVEBs as part of the
maintenance plan. The MVEBs cannot be used for transportation
conformity until the maintenance plan update and associated MVEBs are
approved in a final Federal Register notice, or EPA otherwise finds the
budgets adequate in a separate action following the comment period.
If EPA receives adverse written comments with respect to the
proposed approval of the Delaware and Lebanon Areas MVEBs, or any other
aspect of our proposed approval of this updated maintenance plan, EPA
will respond to the comments on the MVEBs in the final rulemaking
action or proceed with the adequacy process as a separate action. EPA's
action on the Delaware and Lebanon Areas MVEBs will also be announced
on EPA's conformity website: https://www.epa.gov/state-and-local-transportation.\7\ The public comment period will end at the same time
as the public comment period for this proposed rule. EPA's analyses of
the MVEBs for the Delaware and Lebanon Areas can be found in EPA's MVEB
TSDs prepared for this action, available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2019-0262.
---------------------------------------------------------------------------
\7\ Once there, click on ``Adequacy Review of SIP Submissions.''
---------------------------------------------------------------------------
VI. Proposed Action
EPA's review of this material indicates that the Delaware and
Lebanon Areas meet the requirements for redesignation to attainment for
the 2012 annual PM2.5. EPA is proposing to grant PADEP's
redesignation requests and to determine that the Delaware and Lebanon
Areas meet the 2012 annual PM2.5 NAAQS, based on the most
recent three years of certified air quality data. The effect of this
proposed action, if finalized, would be to change the designation
status of the Delaware and Lebanon Areas from nonattainment to
attainment for the 2012 annual PM2.5 NAAQS, thereby removing
the requirement for a nonattainment new source review permitting
program and stopping the sanctions clock associated with a finding of
failure to submit NNSR updates for the annual PM2.5 NAAQS.
EPA is also proposing to approve PADEP's maintenance plans for the
Delaware and Lebanon Areas as revisions to the Pennsylvania SIP. EPA is
also proposing to find the 2014, 2022, and 2030 PM2.5 and
NOX MVEBs contained in the maintenance plans for the
Delaware and Lebanon Areas adequate and is also proposing to approve
these MVEBs into the Pennsylvania SIP for transportation conformity
purposes. EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action. Although EPA is proposing approval of the redesignation
requests and maintenance plans for the Delaware and Lebanon Areas in
one rulemaking, EPA views each redesignation request as a separate
request and each maintenance plan as a separable SIP revision. Thus,
should EPA receive comment on one redesignation request or maintenance
plan, but not the other, EPA will treat the comment as only pertaining
to that specific redesignation request or maintenance plan and may take
separate, final action on the remaining redesignation request or
maintenance plan.
VII. Statutory and Executive Order Reviews
Under the CAA, the redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of the geographical
area and do not impose any additional regulatory requirements on
sources beyond those required by state law. A redesignation to
attainment does not in and of itself impose any new requirements, but
rather results in the application of requirements contained in the CAA
for areas that have been redesignated to attainment. Moreover, the
Administrator is required to approve a SIP submission that complies
with the provisions of the Act and applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions,
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, this action merely approves state law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement
[[Page 33903]]
Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, proposing to approve
Pennsylvania's redesignation requests and maintenance plans for the
2012 PM2.5 NAAQS for the Delaware and Lebanon Areas, does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because the SIP is not approved to apply
in Indian country located in the state, and EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 5, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2019-15091 Filed 7-15-19; 8:45 am]
BILLING CODE 6560-50-P
