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, 51420-51426 [2019-20675]
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Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
(ii) The Missouri Department of Natural
Resources submitted revisions to Missouri
rule 10 CSR 10–6.065, ‘‘Operating Permits’’
on March 7, 2019. The State effective date is
March 30, 2019. The revision is effective
October 30, 2019.
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[FR Doc. 2019–20670 Filed 9–27–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2019–0262; FRL–10000–
27–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: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving requests for
redesignation to attainment status as
well as 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 the Delaware County and
Lebanon County nonattainment areas
(the Delaware and Lebanon Areas or the
Areas) to attainment of the 2012 annual
fine particulate matter (PM2.5) national
ambient air quality standards (NAAQS).
EPA is granting PADEP’s requests and
determining 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 action is 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
approving 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
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SUMMARY:
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sources of PM2.5 and nitrogen oxides
(NOX). Finally, EPA is finding these
2014, 2022, and 2030 MVEBs for PM2.5
and NOX adequate and is approving
these MVEBs into the Pennsylvania SIP
for transportation conformity purposes.
This action is being taken under the
Clean Air Act (CAA).
DATES: This final rule is effective on
October 30, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0262. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
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:
I. Background
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
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program because Pennsylvania did not
regulate emissions of volatile organic
compounds (VOCs) and ammonia (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.
On January 23, 2019 and February 11,
2019, respectively, PADEP submitted
requests for EPA to redesignate the
Delaware and Lebanon Areas to
attainment of the 2012 annual PM2.5
NAAQS. 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. EPA
evaluated Pennsylvania’s redesignation
requests for the Delaware and Lebanon
County Areas and determined that they
met these criteria. Therefore, EPA
proposed approval of Pennsylvania’s
redesignation requests and the
associated maintenance plans for the
Delaware and Lebanon County Areas in
a notice of proposed pulemaking
(NPRM) on July 16, 2019 (84 FR 33886).
II. Summary of SIP Revision and EPA
Analysis
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 finding
that the Delaware and Lebanon
moderate nonattainment areas are
attaining the 2012 annual PM2.5
NAAQS. EPA is approving
Pennsylvania’s 2012 annual PM2.5
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maintenance plans for the Delaware and
Lebanon Areas as revisions to the
Pennsylvania SIP that include MVEBs
for PM2.5 and NOX for the years 2014,
2022, and 2030. Further, EPA is finding
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 granting
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 finding the
2014, 2022, and 2030 MVEBs for PM2.5
and NOX adequate for transportation
conformity purposes and is finalizing
the approval of the MVEBs into the
Pennsylvania SIP. The comment period
for these MVEBs began upon
publication of the 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.
Other specific requirements of
Pennsylvania’s redesignation requests,
maintenance plans, and associated
MVEBs, and the rationale for EPA’s
proposed action are explained in the
NPRM and will not be restated here.
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same form as the NAAQS. In appendix
N to 40 CFR part 50, ‘‘Interpretation of
the National Ambient Air Quality
Standards for PM2.5,’’ the annual PM2.5
design value is defined as the ‘‘3-year
average of PM2.5 annual mean mass
concentrations for each eligible
monitoring site.’’ As stated in EPA’s
regulations at 40 CFR 50.18, ‘‘The
primary annual PM2.5 standard is met
when the annual arithmetic mean
concentration, as determined in
accordance with appendix N of this
part, is less than or equal to 12.0
mg/m3.’’ Pursuant to section 4.1 of
appendix N of 40 CFR part 50, the
primary annual PM2.5 NAAQS is met
‘‘when the annual PM2.5 NAAQS DV is
less than or equal to 12.0 mg/m3 at each
eligible monitoring site.’’ Second,
because the DV is calculated as a threeyear average, it better accounts for year
to year variability in meteorological
conditions and economic factors that
may impact the emissions and/or
particulate matter formation in an area,
and thereby affect the annual mean at a
given monitoring site. The ten-year
trends in DVs at the two Delaware
County monitoring sites are shown in
Table 1. This data is publicly available,
and can be found at EPA’s Air Quality
Design Values website: https://
www.epa.gov/air-trends/air-qualitydesign-values.
III. Public Comments and EPA
Response
During the public comment period on
EPA’s July 16, 2019 NPRM for this
rulemaking, EPA received comments
from one anonymous commenter. Those
comments and EPA’s responses are
discussed below. All of the comments
received and any submitted attachments
are included in the docket for this
action, available online at
www.regulations.gov, Docket ID: EPA–
R03–OAR–2019–0262.
Comment 1: The commenter argues
that EPA’s own data indicates that the
annual readings from the Delaware
County monitors are going up, from 11.0
micrograms per cubic meter (mg/m3) in
2016 to 9.1 mg/m3 in 2017 to 12.1
mg/m3 in 2018.
EPA Response 1: EPA disagrees with
this comment. It is more relevant to look
at trends in the design value (DV),
which is a statistic or summary metric
based on the most recent three years of
monitored data that describes the air
quality status of a given location relative
to the level of the NAAQS, rather than
trends in annual mean at a given
monitoring site, for two reasons: First,
design values can be directly compared
to the NAAQS, since they are in the
TABLE 1—DELAWARE COUNTY DVS, 2007–2009 TO 2016–2018
Design value(μg/m3)
Site ID
2007–2009
2008–2010
2009–2011
2010–2012
2011–2013
2012–2014
2013–2015
2014–2016
42–045–0002 ....
42–045–0109 * ..
13.7
....................
13.3
....................
12.9
....................
13.1
....................
12.4
....................
12.3
....................
11.6
....................
11.5
....................
2015–2017
10.3
9.4
2016–2018
10.7
9.4
* This site started operating on January 1, 2015. Its first valid design value was the 2015–2017 design value.
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Figure 1 graphically depicts the tenyear DV trend at site 42–045–0002. EPA
did not plot the trend for site 42–045–
0109, as it only has two valid design
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values. Through a linear regression
analysis, Figure 1 shows a downward
trend for site 42–045–0002, with the
2015–2017 DV noticeably lower than
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the ten-year trend line, and the 2016–
2018 DV slightly above.
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EPA also examined annual mean data
for the primary monitor 1 at site 42–045–
0002 for a similar timeframe. This data
was obtained from EPA’s Air Quality
System (AQS) database, and is set out in
Table 2. This data has been added to the
docket for this final action, available
online at https://www.regulations.gov,
Docket ID: EPA–R03–OAR–2019–0262.
TABLE 2—DELAWARE COUNTY 2007–2018 ANNUAL MEANS AT THE PRIMARY MONITOR AT SITE 42–045–0002
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
14.45
13.84
13.01
13.53
12.96
13.12
11.48
12.66
10.74
11.04
9.07
11.38
Figure 2 graphically depicts the
annual mean trend at the primary
monitor at site 42–045–0002. Figure 2
shows that the 2017 annual mean is
noticeably lower than the trend line,
and the 2018 annual mean is noticeably
higher. Similar variability in annual
means is seen throughout the 12-year
period. This is expected, since annual
means are more sensitive to annual
changes in weather patterns and
emissions than DVs. However, Figure 2
shows a downward trend for the
primary monitor at site 42–045–0002,
which is consistent with improved air
quality.
1 The primary monitor at site 42–045–0002 was
POC 1 for 2007–2009, and POC 3 for 2010–2018.
‘‘POC’’ refers to the Parameter Occurrence Code.
POCs are used to distinguish between different
monitors at one site that are measuring the same
‘‘parameter’’ (i.e. PM2.5).
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Annual mean
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Comment 2: The commenter states
that the data in 2018 doesn’t appear to
be complete since there were only three
complete quarters and the report
indicates values with an * as values that
are not complete.
EPA Response 2: EPA disagrees with
this comment. The 2018 data included
in the docket for the proposed
rulemaking action was preliminary data,
which was not yet certified by
Pennsylvania. This data has since been
certified and EPA has finalized the
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2016–2018 DVs. The certified 2016–
2018 data in AQS for Delaware and
Lebanon Counties is shown in Table 3.
This data has been added to the docket
for this final action, available online at
https://www.regulations.gov, Docket ID:
EPA–R03–OAR–2019–0262.
TABLE 3—2016–2018 ANNUAL MEANS, COMPLETE QUARTERS, AND DVS AT DELAWARE COUNTY AND LEBANON COUNTY
MONITORS
2016
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Delaware ..................
Delaware ..................
Lebanon ...................
42–045–0002 ..........
42–045–0109 ..........
42–075–0100 ..........
2 Note that the 2018 annual mean reported in
Table 3 is different than annual mean reported in
Table 2. This difference is due to the fact that
design values are calculated from site-level data
rather than monitor-level data. For more
information, see appendix N to 40 CFR part 50.
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2017
11.0
9.3
9.7
The Lebanon County monitor and
monitor 42–045–0002 in Delaware
County both have four complete
quarters of data for all three years, 2016
to 2018. Monitor 42–045–0109 has four
complete quarters in 2016 and 2017,
and three complete quarters in 2018.
However, this monitor has a valid
design value because, as provide in 40
CFR part 50, appendix N, 4.1(c)(ii), it
passed the ‘‘maximum quarterly value
data substitution test.’’ An annual PM2.5
NAAQS DV that is equal to or below the
level of the NAAQS can be validated if
it passes the maximum quarterly value
data substitution test. This type of data
substitution is permitted only if there is
at least 50 percent data capture in each
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Complete quarters
2016–2016
design value
(μg/m3)
Monitor ID
2018
9.1
8.3
9.3
2016
2 12.1
10.8
8.8
quarter that is deficient of 75 percent
data capture in each of the three years
under consideration. Data substitution
will be performed in all quarter periods
that have less than 75 percent data
capture but at least 50 percent data
capture. If any quarter has less than 50
percent data capture, then this
substitution test cannot be used.
Comment 3: The commenter argues
that ‘‘EPA’s data for the Delaware
County monitors simply show
consistently borderline attainment and
not verifiable emission reductions.’’
EPA Response 3: EPA disagrees with
this comment because as shown in
EPA’s response to Comment 1, the DVs
at both Delaware County monitors are
below the level of the NAAQS, and the
DVs at monitor 42–045–0002 show a
linear downward trend consistent with
attainment of the 2012 PM2.5 NAAQS.
Comment 4: The commenter also
claims that ‘‘[t]he Lancaster monitor
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2017
4
4
4
2018
4
4
4
4
3
4
10.7
9.4
9.3
only has 2 complete quarters in 2018, so
why would EPA even consider this
data?’’
EPA Response 4: EPA assumes that
the commenter is referring to the
Lebanon County monitor, and not any
monitor in Lancaster, which is not the
subject of this rulemaking action. As
explained in EPA’s response to
comment #2, at the time of EPA’s
proposed rulemaking action, the 2018
data was preliminary. EPA subsequently
finalized the 2016–2018 design values.
As shown in Table 3, the final, certified
data for 2018 has four complete
quarters, and the final 2016–2018 DV is
9.3 mg/m3, which is well below the level
of the 2012 annual PM2.5 NAAQS, 12.0
mg/m3.
Comment 5: The commenter urges
EPA to ‘‘[u]se the most current air
quality data, not data from mid-2018
that doesn’t have fully complete data!’’
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Annual means (μg/m3)
Area/county
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EPA Response 5: As stated in
responses to Comments 2 and 4,
complete, certified 2018 data was not
available at the time of EPA’s proposed
rulemaking action. Since that time,
Pennsylvania has certified its 2018 data
and EPA has since finalized the 2016–
2018 DVs. That data is reported in Table
3.
Comment 6: The commenter takes
issue with the technical support
documents (TSDs) for Delaware and
Lancaster Counties and opines that
EPA’s evaluation was not a thorough
evaluation that explains why
Pennsylvania’s emissions projections
are adequate.
EPA Response 6: Pennsylvania
submitted their attainment and
projection year emission inventories in
accordance with EPA’s Emission
Inventory Guidance for Implementation
of Ozone and Particulate Matter
National Ambient Air Quality Standards
(NAAQS) and Regional Haze
Regulations (May 2017) 3 and following
EPA’s Memorandum Procedures for
Processing Requests to Redesignate
Areas to Attainment (Calcagni 9/4/92
memo).4 For the 2014 attainment year
and maintenance plan base year,
Pennsylvania used EPA’s National
Emissions Inventory (NEI) to fulfill the
requirement for submitting point,
nonpoint, and nonroad emissions.
Additional technical documentation on
the development of the NEI can be
found on EPA’s NEI website for the
2014 NEI (https://www.epa.gov/airemissions-inventories/2014-nationalemissions-inventory-nei-data). Onroad
emissions were developed following
EPA’s MOVES2014 and 2014a
Technical Guidance: Using MOVES to
Prepare Emissions Inventories for State
Implementation Plans and
Transportation Conformity.5 EPA
reviewed the inventories following the
emissions inventory guidance to insure
the emissions submitted fulfilled the
requirements set forth for maintenance
and projected inventories.
Comment 7: The commenter states
that EPA neglected to provide a detailed
review of the Motor Vehicle Emission
Simulator (MOVES) modeling files and
supporting documents used in the
development of the emissions
3 This guidance document is available online on
EPA’s Air Emissions Inventories website, at https://
www.epa.gov/air-emissions-inventories/airemissions-inventory-guidance-implementationozone-and-particulate.
4 This guidance document is in the docket for this
action, available online at https://
www.regulations.gov, Docket ID: EPA–R03–OAR–
2019–0262.
5 This guidance document is available online at
https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey
=P100V7EY.pdf.
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inventories. Specifically, they note that
the sample files include compressed
natural gas (CNG) and ethanol (E85)
selections. The commenter argues that
the areas surrounding Delaware and
Lancaster Counties do not contain E85
or CNG filling stations, making those
selections in the modeling files
inappropriate. Further, they contend
that modeling file selections for ‘‘urban’’
road type should not have been made
for the primarily rural areas included in
the analysis.
EPA Response 7: To clarify,
Pennsylvania’s redesignation requests
and associated maintenance plans are
for Delaware and Lebanon Counties, not
Lancaster County as stated by the
commenter. Therefore, EPA will address
the commenter’s concerns as applying
to Delaware and Lebanon counties, as
Lancaster County is not the subject of
this rulemaking action.
EPA disagrees with the commenter’s
characterization of whether a necessary
review of modeling files supporting the
redesignation request was performed.
As stated in EPA’s MVEB TSD 6 at
section III, Review of the Submitted
Modeling Utilizing the Motor Vehicle
Emission Simulator (MOVES2014a),
EPA reviewed all modeling files and
methodologies provided by
Pennsylvania and found them
appropriate and consistent with relevant
EPA guidance. Specifically, the
commenter notes cases where the
modeling files appear to indicate: (1)
Types of fuels that are not distributed in
Lebanon and Delaware counties, and (2)
road types that do not exist in Lebanon
and Delaware counties. However, the
selections made in the ‘‘Sample Input
Files.PDF’’ supporting documents
included in Pennsylvania’s submittal
are entirely consistent with the EPA’s
‘‘MOVES2014, MOVES2014a, and
MOVES2014b Technical Guidance:
Using MOVES to Prepare Emission
Inventories for State Implementation
Plans and Transportation Conformity’’
(referred to as MOVES Technical
Guidance).7 Section 3.5 of EPA’s
6 EPA’s MVEB TSD, ‘‘Adequacy Findings for the
Motor Vehicle Emissions Budgets (MVEBs) in the
2012 Fine Particulate Matter (PM2.5) National
Ambient Air Quality Standard (NAAQS)
Maintenance Plan for the Lebanon County,
Pennsylvania (PA) 2012 PM2.5 Nonattainment Area’’
is available online at https://www.regulations.gov,
Docket ID: EPA–R03–OAR–2019–0262.
7 For more information, see ‘‘MOVES2014,
MOVES2014a, and MOVES2014b Technical
Guidance: Using MOVES to Prepare Emission
Inventories for State Implementation Plans and
Transportation Conformity’’, Assessment and
Standards Division, Office of Transportation and
Air Quality, U.S. Environmental Protection Agency,
August 2018, available online at https://
nepis.epa.gov/Exe/ZyPDF.cgi?
Dockey=P100V7EY.pdf.
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MOVES Technical Guidance states, ‘‘For
SIP and regional conformity analyses,
users should select all fuel types and all
vehicle types to properly estimate an
emissions inventory.’’ Pennsylvania
correctly followed the MOVES
Technical Guidance and selected all
vehicles and all fuel types. Section 3.6
of EPA’s MOVES Technical Guidance
recommends that ‘‘users should select
all road types,’’ regardless of whether
such roads exist in the county being
modeled. This is to ensure that all
possible activity is captured, as it is
possible to ‘‘lose’’ vehicle miles traveled
if all roads are not selected in MOVES.
Pennsylvania correctly selected all road
types. Additionally, for all other
selections made in the modeling files
provided, as well as the modeling
decisions documented in
Pennsylvania’s submittal, EPA similarly
compared those with the relevant
sections of the MOVES Technical
Guidance. For this redesignation
request, it was determined by EPA that
the appropriate modeling selections
were made, and the resulting mobile
source inventory was sufficient to meet
the relevant CAA requirements.
IV. Final Action
EPA’s review of the records for these
redesignation requests indicates that the
Delaware and Lebanon Areas meet the
requirements for redesignation to
attainment for the 2012 annual PM2.5
NAAQS. Therefore, EPA is granting
PADEP’s redesignation requests and
determining that the Delaware and
Lebanon Areas meet the 2012 annual
PM2.5 NAAQS. The effect of this final
action is 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 2012 annual PM2.5
NAAQS. EPA is also approving
PADEP’s maintenance plans for the
Delaware and Lebanon Areas as
revisions to the Pennsylvania SIP. EPA
is also finding the 2014, 2022, and 2030
PM2.5 and NOX MVEBs contained in the
maintenance plans for the Delaware and
Lebanon Areas adequate and approving
these MVEBs into the Pennsylvania SIP
for transportation conformity purposes.
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, redesignation of an
area to attainment and the
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accompanying approval of the
maintenance plan under CAA section
107(d)(3)(E) are actions that affect the
status of geographical areas 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 action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action,
approving Pennsylvania’s redesignation
requests and maintenance plans for the
2012 PM2.5 NAAQS for the Delaware
and Lebanon Areas may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 29, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
State submittal
date
Name of non-regulatory SIP revision
Applicable geographic area
*
*
Delaware County 2012 annual PM2.5 maintenance plan.
Lebanon County 2012 annual PM2.5 maintenance plan.
*
*
Delaware County ...................
*
1/23/19
Lebanon County ....................
2/11/19
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List of Subjects
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.
40 CFR Part 81
Dated: September 13, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding entries for
‘‘Delaware County 2012 annual PM2.5
maintenance plan’’ and ‘‘Lebanon
County 2012 annual PM2.5 maintenance
plan’’ at the end of the table to read as
follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
EPA approval date
*
9/30/19 [Insert Federal Register citation].
9/30/19 [Insert Federal Register citation].
E:\FR\FM\30SER1.SGM
30SER1
Additional
explanation
*
51426
Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
*
*
*
*
*
3. Section 52.2059 is amended by
adding paragraphs (x) and (y) to read as
follows:
■
§ 52.2059
matter.
*
*
Control strategy: Particulate
*
*
*
(x) EPA approves the maintenance
plan for the Delaware County
nonattainment area for the 2012 annual
fine particulate matter (PM2.5) NAAQS
submitted by the Commonwealth of
Pennsylvania on January 23, 2019. The
maintenance plan includes the 2014,
2022, and 2030 PM2.5 and nitrogen
oxides (NOX) mobile vehicle emissions
budgets (MVEBs) to be applied to all
future transportation conformity
determinations and analyses for the
Delaware County area for the 2012
annual PM2.5 NAAQS.
DELAWARE COUNTY AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 2012 ANNUAL NAAQS IN TONS PER YEAR
Type of control strategy SIP
Year
Maintenance Plan ...........................
2014 ...............................................
2022 Predicted ...............................
Safety Margin .................................
2022 Budget ...................................
2030 Predicted ...............................
Safety Margin .................................
2030 Budget ...................................
(y) EPA approves the maintenance
plan for the Lebanon County
nonattainment area for the 2012 annual
fine particulate matter (PM2.5) NAAQS
submitted by the Commonwealth of
PM2.5
NOX
136
75
4
79
53
0
53
Effective date of SIP approval
4,652
1,833
183
2,016
869
87
956
Pennsylvania on February 11, 2019. The
maintenance plan includes the 2014,
2022, and 2030 PM2.5 and nitrogen
oxides (NOX) mobile vehicle emissions
budgets (MVEBs) to be applied to all
September 30, 2019.
future transportation conformity
determinations and analyses for the
Lebanon County area for the 2012
annual PM2.5 NAAQS.
LEBANON COUNTY AREA MOTOR VEHICLE EMISSION BUDGETS FOR THE 2012 ANNUAL NAAQS IN TONS PER YEAR
Type of control strategy SIP
Year
Maintenance Plan ...........................
2014 ...............................................
2022 Predicted ...............................
Safety Margin .................................
2022 Budget ...................................
2030 Predicted ...............................
Safety Margin .................................
2030 Budget ...................................
*
*
*
*
PM2.5
NOX
87
45
5
50
28
3
31
3,131
1,697
170
1,867
1,249
125
1,374
Authority: 42 U.S.C. 7401, et seq.
*
Subpart C—Section 107 Attainment
Status Designations
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
Effective date of SIP approval
revising the entries for ‘‘Delaware
County, PA’’ and ‘‘Lebanon County,
PA’’ to read as follows:
§ 81.339
5. In § 81.339, the table
‘‘Pennsylvania—2012 Annual PM2.5
NAAQS (Primary)’’ is amended by
■
4. The authority citation for part 81
continues to read as follows:
■
September 30, 2019.
*
Pennsylvania.
*
*
*
*
PENNSYLVANIA—2012 ANNUAL PM2.5 NAAQS (PRIMARY)
Designation
Classification
Designated area 1
Date 2
*
Delaware County, PA:
Delaware County ...............
Lebanon County, PA:
Lebanon County ................
*
khammond on DSKJM1Z7X2PROD with RULES
*
October 30, 2019 .....................
Attainment.
October 30, 2019 .....................
Attainment.
*
*
Date 2
Type
*
Type
*
*
*
*
*
*
*
*
1 Includes
areas of Indian country located in each county or area, except as otherwise specified.
2 This date is April 15, 2015, unless otherwise noted.
*
*
*
*
*
[FR Doc. 2019–20675 Filed 9–27–19; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51420-51426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20675]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2019-0262; FRL-10000-27-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
requests for redesignation to attainment status as well as 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 the Delaware County and
Lebanon County nonattainment areas (the Delaware and Lebanon Areas or
the Areas) to attainment of the 2012 annual fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS). EPA
is granting PADEP's requests and determining 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 action is 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
approving 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 finding these 2014, 2022, and 2030 MVEBs for
PM2.5 and NOX adequate and is approving these
MVEBs into the Pennsylvania SIP for transportation conformity purposes.
This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on October 30, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0262. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: 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. Background
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 volatile organic compounds
(VOCs) and ammonia (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.
On January 23, 2019 and February 11, 2019, respectively, PADEP
submitted requests for EPA to redesignate the Delaware and Lebanon
Areas to attainment of the 2012 annual PM2.5 NAAQS. 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.
EPA evaluated Pennsylvania's redesignation requests for the Delaware
and Lebanon County Areas and determined that they met these criteria.
Therefore, EPA proposed approval of Pennsylvania's redesignation
requests and the associated maintenance plans for the Delaware and
Lebanon County Areas in a notice of proposed pulemaking (NPRM) on July
16, 2019 (84 FR 33886).
II. Summary of SIP Revision and EPA Analysis
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 finding that the Delaware and Lebanon
moderate nonattainment areas are attaining the 2012 annual
PM2.5 NAAQS. EPA is approving Pennsylvania's 2012 annual
PM2.5
[[Page 51421]]
maintenance plans for the Delaware and Lebanon Areas as revisions to
the Pennsylvania SIP that include MVEBs for PM2.5 and
NOX for the years 2014, 2022, and 2030. Further, EPA is
finding 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 granting 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 finding the 2014, 2022,
and 2030 MVEBs for PM2.5 and NOX adequate for
transportation conformity purposes and is finalizing the approval of
the MVEBs into the Pennsylvania SIP. The comment period for these MVEBs
began upon publication of the 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.
Other specific requirements of Pennsylvania's redesignation
requests, maintenance plans, and associated MVEBs, and the rationale
for EPA's proposed action are explained in the NPRM and will not be
restated here.
III. Public Comments and EPA Response
During the public comment period on EPA's July 16, 2019 NPRM for
this rulemaking, EPA received comments from one anonymous commenter.
Those comments and EPA's responses are discussed below. All of the
comments received and any submitted attachments are included in the
docket for this action, available online at www.regulations.gov, Docket
ID: EPA-R03-OAR-2019-0262.
Comment 1: The commenter argues that EPA's own data indicates that
the annual readings from the Delaware County monitors are going up,
from 11.0 micrograms per cubic meter ([micro]g/m\3\) in 2016 to 9.1
[micro]g/m\3\ in 2017 to 12.1 [micro]g/m\3\ in 2018.
EPA Response 1: EPA disagrees with this comment. It is more
relevant to look at trends in the design value (DV), which is a
statistic or summary metric based on the most recent three years of
monitored data that describes the air quality status of a given
location relative to the level of the NAAQS, rather than trends in
annual mean at a given monitoring site, for two reasons: First, design
values can be directly compared to the NAAQS, since they are in the
same form as the NAAQS. In appendix N to 40 CFR part 50,
``Interpretation of the National Ambient Air Quality Standards for
PM2.5,'' the annual PM2.5 design value is defined
as the ``3-year average of PM2.5 annual mean mass
concentrations for each eligible monitoring site.'' As stated in EPA's
regulations at 40 CFR 50.18, ``The primary annual PM2.5
standard is met when the annual arithmetic mean concentration, as
determined in accordance with appendix N of this part, is less than or
equal to 12.0 [micro]g/m\3\.'' Pursuant to section 4.1 of appendix N of
40 CFR part 50, the primary annual PM2.5 NAAQS is met ``when
the annual PM2.5 NAAQS DV is less than or equal to 12.0
[micro]g/m\3\ at each eligible monitoring site.'' Second, because the
DV is calculated as a three-year average, it better accounts for year
to year variability in meteorological conditions and economic factors
that may impact the emissions and/or particulate matter formation in an
area, and thereby affect the annual mean at a given monitoring site.
The ten-year trends in DVs at the two Delaware County monitoring sites
are shown in Table 1. This data is publicly available, and can be found
at EPA's Air Quality Design Values website: https://www.epa.gov/air-trends/air-quality-design-values.
Table 1--Delaware County DVs, 2007-2009 to 2016-2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Design value([micro]g/m3)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Site ID 2007-2009 2008-2010 2009-2011 2010-2012 2011-2013 2012-2014 2013-2015 2014-2016 2015-2017 2016-2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
42-045-0002................................................... 13.7 13.3 12.9 13.1 12.4 12.3 11.6 11.5 10.3 10.7
42-045-0109 *................................................. ........... ........... ........... ........... ........... ........... ........... ........... 9.4 9.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* This site started operating on January 1, 2015. Its first valid design value was the 2015-2017 design value.
Figure 1 graphically depicts the ten-year DV trend at site 42-045-
0002. EPA did not plot the trend for site 42-045-0109, as it only has
two valid design values. Through a linear regression analysis, Figure 1
shows a downward trend for site 42-045-0002, with the 2015-2017 DV
noticeably lower than the ten-year trend line, and the 2016-2018 DV
slightly above.
[[Page 51422]]
[GRAPHIC] [TIFF OMITTED] TR30SE19.026
EPA also examined annual mean data for the primary monitor \1\ at
site 42-045-0002 for a similar timeframe. This data was obtained from
EPA's Air Quality System (AQS) database, and is set out in Table 2.
This data has been added to the docket for this final action, available
online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2019-
0262.
---------------------------------------------------------------------------
\1\ The primary monitor at site 42-045-0002 was POC 1 for 2007-
2009, and POC 3 for 2010-2018. ``POC'' refers to the Parameter
Occurrence Code. POCs are used to distinguish between different
monitors at one site that are measuring the same ``parameter'' (i.e.
PM2.5).
Table 2--Delaware County 2007-2018 Annual Means at the Primary Monitor at Site 42-045-0002
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual mean ([micro]g/m\3\)
---------------------------------------------------------------------------------------------------------------------------------------------------------
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
14.45 13.84 13.01 13.53 12.96 13.12 11.48 12.66 10.74 11.04 9.07 11.38
--------------------------------------------------------------------------------------------------------------------------------------------------------
Figure 2 graphically depicts the annual mean trend at the primary
monitor at site 42-045-0002. Figure 2 shows that the 2017 annual mean
is noticeably lower than the trend line, and the 2018 annual mean is
noticeably higher. Similar variability in annual means is seen
throughout the 12-year period. This is expected, since annual means are
more sensitive to annual changes in weather patterns and emissions than
DVs. However, Figure 2 shows a downward trend for the primary monitor
at site 42-045-0002, which is consistent with improved air quality.
[[Page 51423]]
[GRAPHIC] [TIFF OMITTED] TR30SE19.027
Comment 2: The commenter states that the data in 2018 doesn't
appear to be complete since there were only three complete quarters and
the report indicates values with an * as values that are not complete.
EPA Response 2: EPA disagrees with this comment. The 2018 data
included in the docket for the proposed rulemaking action was
preliminary data, which was not yet certified by Pennsylvania. This
data has since been certified and EPA has finalized the 2016-2018 DVs.
The certified 2016-2018 data in AQS for Delaware and Lebanon Counties
is shown in Table 3. This data has been added to the docket for this
final action, available online at https://www.regulations.gov, Docket
ID: EPA-R03-OAR-2019-0262.
Table 3--2016-2018 Annual Means, Complete Quarters, and DVs at Delaware County and Lebanon County Monitors
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Annual means ([micro]g/m\3\) Complete quarters 2016-2016
------------------------------------------------------------------------------------------------ design value
Area/county Monitor ID ([micro]g/
2016 2017 2018 2016 2017 2018 m\3\)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Delaware...................................... 42-045-0002..................... 11.0 9.1 \2\ 12.1 4 4 4 10.7
Delaware...................................... 42-045-0109..................... 9.3 8.3 10.8 4 4 3 9.4
Lebanon....................................... 42-075-0100..................... 9.7 9.3 8.8 4 4 4 9.3
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The Lebanon County monitor and monitor 42-045-0002 in Delaware
County both have four complete quarters of data for all three years,
2016 to 2018. Monitor 42-045-0109 has four complete quarters in 2016
and 2017, and three complete quarters in 2018. However, this monitor
has a valid design value because, as provide in 40 CFR part 50,
appendix N, 4.1(c)(ii), it passed the ``maximum quarterly value data
substitution test.'' An annual PM2.5 NAAQS DV that is equal
to or below the level of the NAAQS can be validated if it passes the
maximum quarterly value data substitution test. This type of data
substitution is permitted only if there is at least 50 percent data
capture in each quarter that is deficient of 75 percent data capture in
each of the three years under consideration. Data substitution will be
performed in all quarter periods that have less than 75 percent data
capture but at least 50 percent data capture. If any quarter has less
than 50 percent data capture, then this substitution test cannot be
used.
---------------------------------------------------------------------------
\2\ Note that the 2018 annual mean reported in Table 3 is
different than annual mean reported in Table 2. This difference is
due to the fact that design values are calculated from site-level
data rather than monitor-level data. For more information, see
appendix N to 40 CFR part 50.
---------------------------------------------------------------------------
Comment 3: The commenter argues that ``EPA's data for the Delaware
County monitors simply show consistently borderline attainment and not
verifiable emission reductions.''
EPA Response 3: EPA disagrees with this comment because as shown in
EPA's response to Comment 1, the DVs at both Delaware County monitors
are below the level of the NAAQS, and the DVs at monitor 42-045-0002
show a linear downward trend consistent with attainment of the 2012
PM2.5 NAAQS.
Comment 4: The commenter also claims that ``[t]he Lancaster monitor
only has 2 complete quarters in 2018, so why would EPA even consider
this data?''
EPA Response 4: EPA assumes that the commenter is referring to the
Lebanon County monitor, and not any monitor in Lancaster, which is not
the subject of this rulemaking action. As explained in EPA's response
to comment #2, at the time of EPA's proposed rulemaking action, the
2018 data was preliminary. EPA subsequently finalized the 2016-2018
design values. As shown in Table 3, the final, certified data for 2018
has four complete quarters, and the final 2016-2018 DV is 9.3 [micro]g/
m\3\, which is well below the level of the 2012 annual PM2.5
NAAQS, 12.0 [micro]g/m\3\.
Comment 5: The commenter urges EPA to ``[u]se the most current air
quality data, not data from mid-2018 that doesn't have fully complete
data!''
[[Page 51424]]
EPA Response 5: As stated in responses to Comments 2 and 4,
complete, certified 2018 data was not available at the time of EPA's
proposed rulemaking action. Since that time, Pennsylvania has certified
its 2018 data and EPA has since finalized the 2016-2018 DVs. That data
is reported in Table 3.
Comment 6: The commenter takes issue with the technical support
documents (TSDs) for Delaware and Lancaster Counties and opines that
EPA's evaluation was not a thorough evaluation that explains why
Pennsylvania's emissions projections are adequate.
EPA Response 6: Pennsylvania submitted their attainment and
projection year emission inventories in accordance with EPA's Emission
Inventory Guidance for Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS) and Regional Haze
Regulations (May 2017) \3\ and following EPA's Memorandum Procedures
for Processing Requests to Redesignate Areas to Attainment (Calcagni 9/
4/92 memo).\4\ For the 2014 attainment year and maintenance plan base
year, Pennsylvania used EPA's National Emissions Inventory (NEI) to
fulfill the requirement for submitting point, nonpoint, and nonroad
emissions. Additional technical documentation on the development of the
NEI can be found on EPA's NEI website for the 2014 NEI (https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data). Onroad emissions were developed following EPA's
MOVES2014 and 2014a Technical Guidance: Using MOVES to Prepare
Emissions Inventories for State Implementation Plans and Transportation
Conformity.\5\ EPA reviewed the inventories following the emissions
inventory guidance to insure the emissions submitted fulfilled the
requirements set forth for maintenance and projected inventories.
---------------------------------------------------------------------------
\3\ This guidance document is available online on EPA's Air
Emissions Inventories website, at https://www.epa.gov/air-emissions-inventories/air-emissions-inventory-guidance-implementation-ozone-and-particulate.
\4\ This guidance document is in the docket for this action,
available online at https://www.regulations.gov, Docket ID: EPA-R03-
OAR-2019-0262.
\5\ This guidance document is available online at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100V7EY.pdf.
---------------------------------------------------------------------------
Comment 7: The commenter states that EPA neglected to provide a
detailed review of the Motor Vehicle Emission Simulator (MOVES)
modeling files and supporting documents used in the development of the
emissions inventories. Specifically, they note that the sample files
include compressed natural gas (CNG) and ethanol (E85) selections. The
commenter argues that the areas surrounding Delaware and Lancaster
Counties do not contain E85 or CNG filling stations, making those
selections in the modeling files inappropriate. Further, they contend
that modeling file selections for ``urban'' road type should not have
been made for the primarily rural areas included in the analysis.
EPA Response 7: To clarify, Pennsylvania's redesignation requests
and associated maintenance plans are for Delaware and Lebanon Counties,
not Lancaster County as stated by the commenter. Therefore, EPA will
address the commenter's concerns as applying to Delaware and Lebanon
counties, as Lancaster County is not the subject of this rulemaking
action.
EPA disagrees with the commenter's characterization of whether a
necessary review of modeling files supporting the redesignation request
was performed. As stated in EPA's MVEB TSD \6\ at section III, Review
of the Submitted Modeling Utilizing the Motor Vehicle Emission
Simulator (MOVES2014a), EPA reviewed all modeling files and
methodologies provided by Pennsylvania and found them appropriate and
consistent with relevant EPA guidance. Specifically, the commenter
notes cases where the modeling files appear to indicate: (1) Types of
fuels that are not distributed in Lebanon and Delaware counties, and
(2) road types that do not exist in Lebanon and Delaware counties.
However, the selections made in the ``Sample Input Files.PDF''
supporting documents included in Pennsylvania's submittal are entirely
consistent with the EPA's ``MOVES2014, MOVES2014a, and MOVES2014b
Technical Guidance: Using MOVES to Prepare Emission Inventories for
State Implementation Plans and Transportation Conformity'' (referred to
as MOVES Technical Guidance).\7\ Section 3.5 of EPA's MOVES Technical
Guidance states, ``For SIP and regional conformity analyses, users
should select all fuel types and all vehicle types to properly estimate
an emissions inventory.'' Pennsylvania correctly followed the MOVES
Technical Guidance and selected all vehicles and all fuel types.
Section 3.6 of EPA's MOVES Technical Guidance recommends that ``users
should select all road types,'' regardless of whether such roads exist
in the county being modeled. This is to ensure that all possible
activity is captured, as it is possible to ``lose'' vehicle miles
traveled if all roads are not selected in MOVES. Pennsylvania correctly
selected all road types. Additionally, for all other selections made in
the modeling files provided, as well as the modeling decisions
documented in Pennsylvania's submittal, EPA similarly compared those
with the relevant sections of the MOVES Technical Guidance. For this
redesignation request, it was determined by EPA that the appropriate
modeling selections were made, and the resulting mobile source
inventory was sufficient to meet the relevant CAA requirements.
---------------------------------------------------------------------------
\6\ EPA's MVEB TSD, ``Adequacy Findings for the Motor Vehicle
Emissions Budgets (MVEBs) in the 2012 Fine Particulate Matter
(PM2.5) National Ambient Air Quality Standard (NAAQS)
Maintenance Plan for the Lebanon County, Pennsylvania (PA) 2012
PM2.5 Nonattainment Area'' is available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2019-0262.
\7\ For more information, see ``MOVES2014, MOVES2014a, and
MOVES2014b Technical Guidance: Using MOVES to Prepare Emission
Inventories for State Implementation Plans and Transportation
Conformity'', Assessment and Standards Division, Office of
Transportation and Air Quality, U.S. Environmental Protection
Agency, August 2018, available online at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100V7EY.pdf.
---------------------------------------------------------------------------
IV. Final Action
EPA's review of the records for these redesignation requests
indicates that the Delaware and Lebanon Areas meet the requirements for
redesignation to attainment for the 2012 annual PM2.5 NAAQS.
Therefore, EPA is granting PADEP's redesignation requests and
determining that the Delaware and Lebanon Areas meet the 2012 annual
PM2.5 NAAQS. The effect of this final action is 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 2012 annual
PM2.5 NAAQS. EPA is also approving PADEP's maintenance plans
for the Delaware and Lebanon Areas as revisions to the Pennsylvania
SIP. EPA is also finding the 2014, 2022, and 2030 PM2.5 and
NOX MVEBs contained in the maintenance plans for the
Delaware and Lebanon Areas adequate and approving these MVEBs into the
Pennsylvania SIP for transportation conformity purposes.
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, redesignation of an area to attainment and the
[[Page 51425]]
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical areas
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 action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 29, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, approving Pennsylvania's redesignation requests
and maintenance plans for the 2012 PM2.5 NAAQS for the
Delaware and Lebanon Areas may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects
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.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: September 13, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
entries for ``Delaware County 2012 annual PM2.5 maintenance
plan'' and ``Lebanon County 2012 annual PM2.5 maintenance
plan'' at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Delaware County 2012 annual PM2.5 Delaware County...... 1/23/19 9/30/19 [Insert
maintenance plan. Federal Register
citation].
Lebanon County 2012 annual PM2.5 Lebanon County....... 2/11/19 9/30/19 [Insert
maintenance plan. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
[[Page 51426]]
* * * * *
0
3. Section 52.2059 is amended by adding paragraphs (x) and (y) to read
as follows:
Sec. 52.2059 Control strategy: Particulate matter.
* * * * *
(x) EPA approves the maintenance plan for the Delaware County
nonattainment area for the 2012 annual fine particulate matter
(PM2.5) NAAQS submitted by the Commonwealth of Pennsylvania
on January 23, 2019. The maintenance plan includes the 2014, 2022, and
2030 PM2.5 and nitrogen oxides (NOX) mobile
vehicle emissions budgets (MVEBs) to be applied to all future
transportation conformity determinations and analyses for the Delaware
County area for the 2012 annual PM2.5 NAAQS.
Delaware County Area's Motor Vehicle Emission Budgets for the 2012 Annual NAAQS in Tons per Year
----------------------------------------------------------------------------------------------------------------
Effective date of SIP
Type of control strategy SIP Year PM2.5 NOX approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan.................. 2014................. 136 4,652 September 30, 2019.
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
----------------------------------------------------------------------------------------------------------------
(y) EPA approves the maintenance plan for the Lebanon County
nonattainment area for the 2012 annual fine particulate matter
(PM2.5) NAAQS submitted by the Commonwealth of Pennsylvania
on February 11, 2019. The maintenance plan includes the 2014, 2022, and
2030 PM2.5 and nitrogen oxides (NOX) mobile
vehicle emissions budgets (MVEBs) to be applied to all future
transportation conformity determinations and analyses for the Lebanon
County area for the 2012 annual PM2.5 NAAQS.
Lebanon County Area Motor Vehicle Emission Budgets for the 2012 Annual NAAQS in Tons per Year
----------------------------------------------------------------------------------------------------------------
Effective date of SIP
Type of control strategy SIP Year PM2.5 NOX approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan.................. 2014................. 87 3,131 September 30, 2019.
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
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
5. In Sec. 81.339, the table ``Pennsylvania--2012 Annual
PM2.5 NAAQS (Primary)'' is amended by revising the entries
for ``Delaware County, PA'' and ``Lebanon County, PA'' to read as
follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--2012 Annual PM2.5 NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Delaware County, PA:
Delaware County............. October 30, 2019.. Attainment........
Lebanon County, PA:
Lebanon County.............. October 30, 2019.. Attainment........
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.
* * * * *
[FR Doc. 2019-20675 Filed 9-27-19; 8:45 am]
BILLING CODE 6560-50-P
