Air Plan Approval; Pennsylvania; Regulatory Updates to Nonattainment New Source Review (NNSR) Permitting Requirements for 2012 PM2.5, 13511-13514 [2021-04824]
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Exhibits A, F, and G);
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FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2021–03803 Filed 3–8–21; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF EDUCATION
34 CFR Part 361
[Docket ID ED–2021–OSERS–04]
Proposed Guidance; Frequently Asked
Questions: Criterion for an Integrated
Employment Location in the Definition
of ‘‘Competitive Integrated
Employment’’ and Participant Choice
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Notice of proposed guidance.
AGENCY:
The U.S. Department of
Education seeks public comment on
proposed guidance that clarifies the
Department’s policy on the criterion for
an integrated employment location in
the definition of ‘‘competitive integrated
employment,’’ for purposes of the State
Vocational Rehabilitation (VR) Services
program. The proposed guidance
clarifies, updates, and supersedes the
Department’s guidance titled Frequently
Asked Questions: Integrated Location
Criteria of the Definition of
‘‘Competitive Integrated Employment’’
issued on January 17, 2017.
DATES: We must receive your comments
on or before April 8, 2021.
ADDRESSES: Submit your comments
through the Federal eRulemaking portal.
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after the comment period. To ensure
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commenters should be careful to
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SUMMARY:
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Register by using the article search
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Specifically, through the advanced
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the Department.
Carol Dobak, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 5153, Potomac Center Plaza,
Washington, DC 20202–5076.
Telephone: (202) 245–7325. Email:
carol.dobak@ed.gov.
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Service (FRS), toll free, at 1–800–877–
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David Cantrell,
Deputy Director, Office of Special Education
Programs. Delegated the authority to perform
the functions and duties of the Assistant
Secretary for Special Education and
Rehabilitative Services.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2021–04564 Filed 3–8–21; 8:45 am]
Invitation to Comment: We invite you
to submit comments on the proposed
guidance. See ADDRESSES for
instructions on how to submit
comments.
Assistance to Individuals with
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Background: The Department
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proposing the guidance, in the proposed
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guidance is available at https://
rsa.ed.gov/sub-regulatory-guidance/rsafrequently-asked-questions-criterionintegrated-employment-location. The
proposed guidance is not a ‘‘significant
guidance document’’ under Executive
Order 13891.
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BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0416; FRL–10021–
12–Region 3]
Air Plan Approval; Pennsylvania;
Regulatory Updates to Nonattainment
New Source Review (NNSR) Permitting
Requirements for 2012 PM2.5 National
Ambient Air Quality Standard (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania, on March 10, 2020. This
revision pertains to the Pennsylvania
Department of Environmental Protection
Agency’s (PADEP) amendments to 25
Pa. Code Chapters 121 (General
Provisions) and 127 (Construction,
Modification, Reactivation and
Operation of Sources) to implement
Federal nonattainment new source
review (NNSR) provisions for the 2012
annual fine particulate matter (PM2.5)
national ambient air quality standard
(NAAQS). This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before April 8, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2020–0416 at https://
www.regulations.gov, or via email to
opila.marycate@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)
SUMMARY:
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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.
FOR FURTHER INFORMATION CONTACT:
Amy Johansen, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2156.
Ms. Johansen can also be reached via
electronic mail at johansen.amy@
epa.gov.
SUPPLEMENTARY INFORMATION: On March
10, 2020, the Commonwealth of
Pennsylvania formally submitted a SIP
revision to the Pennsylvania SIP. This
SIP submission amends PADEP’s 25 Pa.
Code Chapters 121 (relating to general
provisions) and 127, Subchapter E
(relating to new source review). This
proposed SIP revision establishes that
emissions of volatile organic
compounds (VOC) and ammonia are
precursors to PM2.5 for new and
modified major sources emitting PM2.5
in Pennsylvania nonattainment areas;
establishes a significance level for PM2.5;
proposes emission offset ratios for
emissions of VOC and ammonia as
PM2.5 precursors; and amends relevant
definitions. The relevant PADEP
regulations were adopted by PADEP and
became effective upon publication on
December 21, 2019.
For more information related to EPA’s
proposed approval of this SIP revision,
please refer to EPA’s Technical Support
Document (TSD), located in Docket ID
No. EPA–R03–OAR–2020–0416 at
https://www.regulations.gov.
I. Background
A. 2012 PM2.5 NAAQS
Airborne particulate matter with a
nominal aerodynamic diameter of 2.5
micrometers or less are ‘‘fine particles,’’
and are also known as PM2.5. See 77 FR
44198 (July 27, 2012). Fine particles in
the atmosphere are made up of a
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complex mixture of components,
including sulfate, nitrate, ammonium,
elemental carbon, organic compounds,
and inorganic material. There are
substantial health effects associated
with exposure to PM2.5 emissions.
Epidemiological studies have shown a
significant correlation between elevated
PM2.5 levels and premature mortality.
Other important health effects
associated with PM2.5 exposure include
aggravation of respiratory and
cardiovascular disease, lung disease,
decreased lung function, asthma attacks,
and certain cardiovascular problems.
Individuals particularly sensitive to
PM2.5 exposure include older adults,
people with heart and lung disease, and
children. See 70 FR 65984 (November 1,
2005).
EPA has revised the NAAQS for PM2.5
on multiple occasions, most recently in
2012. On December 14, 2012, the annual
primary standard for PM2.5 was lowered
from 15 micrograms per meter cubed
(mg/m3) to 12 mg/m3. See 78 FR 3087
(January 15, 2013). The existing 24-hour
standards (primary and secondary) were
retained at 35 mg/m3, as was the annual
secondary standard of 15 mg/m3. Upon
promulgation of the 2012 PM2.5 NAAQS,
EPA formally classified all of Delaware
County and Lebanon County,
Pennsylvania as moderate
nonattainment for the 2012 annual
PM2.5 standard. See 80 FR 2206 (January
15, 2015).1
B. Purpose of SIP Revision
For areas designated as nonattainment
for one or more NAAQS, the SIP must
include preconstruction permit
requirements for new or modified major
stationary sources of such
nonattainment pollutant(s), commonly
referred to as ‘‘Nonattainment New
Source Review.’’ See CAA section
172(c)(5).
PADEP’s SIP revision revises NNSR
permit requirements for major sources
of PM2.5. Specifically, PADEP’s 25 Pa.
Code Chapters 121 and 127 have been
amended to implement additional
provisions pertaining to PM2.5
precursors, as promulgated in EPA’s
rule entitled Fine Particulate Matter
National Ambient Air Quality
Standards: State Implementation Plan
Requirements (2016 Implementation
Rule). 81 FR 58010 (August 24, 2016).
As required by EPA’s 2016
Implementation Rule, which
implements the D.C. Circuit court’s
January 2013 decision in NRDC v. EPA,2
areas classified as nonattainment for any
PM2.5 NAAQS are required to comply
with the parts of CAA subpart 4 section
189(e) 3 that require the control of major
sources of PM10 precursors (and hence
under the court decision, PM2.5
precursors) ‘‘except where the
Administrator determines that such
sources do not contribute significantly
to PM10 levels which exceed the
standard in the area.’’ The 2016
Implementation Rule amended the
definitions of (1) ‘‘regulated NSR
pollutant’’ with regard to PM2.5
precursors; (2) ‘‘major stationary
source’’ with regard to major sources of
direct PM2.5 emissions and PM2.5
precursors locating in PM2.5
nonattainment areas classified as
moderate and serious; and (3)
‘‘significant’’ with regard to emissions of
direct PM2.5 and its precursors.
C. EPA’s Findings of Failure To Submit
On April 6, 2018, EPA issued its final
Findings of Failure to Submit PM2.5 SIP
revisions (Findings) to three states,
including Pennsylvania. See 83 FR
14759. EPA’s Findings apply to states
with overdue SIP revisions for areas
initially designated as nonattainment
and classified as moderate for the 2012
PM2.5 NAAQS on April 15, 2015, which
included both Delaware and Lebanon
County, Pennsylvania. In its Findings,
EPA found that Pennsylvania failed to
submit a timely revision to their SIP as
required to satisfy CAA requirements for
implementation of the 2012 PM2.5
NAAQS for those counties.
Specific to this rulemaking is
PADEP’s remedying its previous failure
to submit revisions to its NNSR
requirements related to the 2012 PM2.5
NAAQS. PADEP was required to submit
its NNSR SIP revision to EPA for
approval by October 15, 2016. See 83 FR
14759 (April 6, 2018). PADEP did not
meet this deadline, hence EPA’s
issuance of its April 6, 2018 Findings,
which became effective as of May 7,
2018. As a result of EPA’s Findings,
PADEP was given 18 months after the
effective date of EPA’s Findings to
submit all applicable moderate area
requirements or the imposition of
sanctions would occur for the affected
moderate 2012 PM2.5 nonattainment
area, the Delaware County and Lebanon
County, Pennsylvania nonattainment
areas.4 This proposed SIP revision
2 706
1 EPA
subsequently issued Additional Air Quality
Designations and Technical Amendment to Correct
Inadvertent Error in Air Quality Designations for
the 2012 Primary Annual Fine Particle (PM2.5),
which impacted Delaware and Lebanon counties.
80 FR 18535, 18549 (April 7, 2015).
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F.3d 428 (D.C. Cir. 2013).
requirement was codified in 40 CFR
51.165(a)(13). See 81 FR 58010 (August 24, 2016).
4 Because EPA’s April 6, 2018 Findings became
effective on May 7, 2018, the 18-month sanctions
clock for PADEP to submit its NNSR SIP revision
ended on November 7, 2019.
3 This
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updates PADEP’s regulations to include
the required PM2.5 NNSR provisions in
response to EPA’s 2016 Implementation
Rule requirements. See 81 FR 58010
(August 24, 2016) and 40 CFR 51.165.
As a result of EPA’s Findings,
Pennsylvania was required to either
submit and obtain EPA approval of
redesignation requests for the 2012
PM2.5 standard, or to submit a complete
SIP submission addressing PM2.5
precursors under NNSR. These
rulemaking actions were required to be
submitted to EPA by November 7, 2019
to avoid mandatory sanctions under
CAA section 179. After it issued its
Findings, EPA subsequently
redesignated both Lebanon and
Delaware County, Pennsylvania to
attainment for the 2012 PM2.5 NAAQS,
which became effective on October 30,
2019. 84 FR 51420 (September 30, 2019,
effective on October 30, 2019). As stated
in our redesignation document, EPA’s
redesignation nullified the failure to
submit findings and stopped the
sanctions clock.
However, in addition to PADEP
submitting redesignation requests (now
approved by EPA), it also drafted
regulatory provisions in response to
EPA’s Final 2016 Implementation Rule,
as it relates to NNSR.5 On March 10,
2020, PADEP submitted those regulatory
changes to EPA for approval into the
Pennsylvania SIP.
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II. Summary of SIP Revision and EPA
Analysis
A. Summary of SIP Revision
PADEP’s Environmental Quality
Board (EQB) adopted changes to 25 Pa.
Code Chapters 121 and 127 and those
changes became effective upon
publication in the Pennsylvania Bulletin
on December 21, 2019. PADEP
submitted those changes as a SIP
revision to EPA for inclusion in the
Pennsylvania SIP on March 10, 2020,
via the EPA State Planning electronic
Collaboration System (SPeCS).
For areas designated as nonattainment
for one or more NAAQS, the SIP must
include preconstruction permit
requirements for new or modified major
stationary sources of such
nonattainment pollutant(s), commonly
referred to as NNSR. CAA 172(c)(5).
PADEP’s 25 Pa. Code Chapters 121 and
127 address NNSR permit requirements
for major sources of PM2.5, as amended,
to implement additional provisions
pertaining to precursors, as promulgated
in EPA’s final 2016 Implementation
Rule.6
5 See 84 FR 51420 (September 30, 2019, effective
on October 30, 2019).
6 See 81 FR 58010 (August 24, 2016).
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B. EPA’s Analysis
For additional information related to
EPA’s analysis of revisions to 25 Pa.
Code, please refer to Section 6 of EPA’s
TSD, located in Docket ID No. EPA–
R03–OAR–2020–0416 at https://
www.regulations.gov.
Under EPA’s 2016 Implementation
Rule, which in part implements the D.C.
Circuit Court’s January 2013 decision in
NRDC v. EPA,7 areas classified as
nonattainment for any PM2.5 NAAQS
are required to comply with the parts of
CAA subpart 4 section 189(e) 8 that
require the control of major stationary
sources of PM10 precursors (and hence
under the court decision, PM2.5
precursors) ‘‘except where the
Administrator determines that such
sources do not contribute significantly
to PM10 levels which exceed the
standard in the area.’’ As mentioned
previously, the 2016 Implementation
Rule amended the definitions of (1)
‘‘regulated NSR pollutant’’ with regard
to PM2.5 precursors; (2) ‘‘major
stationary source’’ with regard to major
sources of direct PM2.5 emissions and
PM2.5 precursors locating in PM2.5
nonattainment areas classified as
moderate and serious; and (3)
‘‘significant’’ with regard to emissions of
direct PM2.5 and its precursors. 25 Pa.
Code Chapters 121 (General Provisions)
and 127 (Construction, Modification,
Reactivation and Operation of Sources);
specifically, Subchapter E (related to
new source review) are subject to these
new regulatory requirements. Delaware
County and Lebanon County,
Pennsylvania were classified as
moderate nonattainment areas for the
2012 PM2.5 NAAQS.9 The major source
permitting threshold for a moderate
PM2.5 nonattainment area is 100 tons per
year (tpy) of direct PM2.5 or any PM2.5
precursor, and 70 tpy for a serious PM2.5
nonattainment area.10
As more fully discussed in Section 6
of the TSD for this proposed approval,
EPA evaluated the revised portions of
25 Pa. Code Chapters 121 (General
Provisions) and 127 (Construction,
Modification, Reactivation and
Operation of Sources); specifically,
Sections 121.1 (Definitions) and
Subchapter E (related to new source
7 706
F.3d 428 (D.C. Cir. 2013).
requirement was codified in 40 CFR
51.165(a)(13). See 81 FR 58010 (August 24, 2016).
9 On January 15, 2015, EPA designated all of
Delaware County and Lebanon County as moderate
nonattainment for the 2012 annual PM2.5 standard.
See 80 FR 2206 (January 15, 2015).
10 While Delaware County and Lebanon County
were not classified as serious nonattainment areas
for the PM2.5 NAAQS, PADEP has revised 25 Pa.
Code to include the lower emissions threshold of
70 tpy for direct PM2.5 and all four PM2.5 precursors.
8 This
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13513
review) 127.202, 127.203(a), and
127.210(a) (relating to Effective date,
Facilities subject to special permit
requirements, and Offset ratios,
respectively) to determine if the
revisions meet current applicable
requirements for a PM2.5 NNSR permit
program. 25 Pa. Code 121.1—(1)
contains revisions to clarify that 25 Pa.
Code applies to major polluting
facilities that will emit PM2.5 or its
precursors in areas designated as
nonattainment for PM2.5; (2) the
definition of ‘‘major facility’’ has been
updated to include a 70 tpy emissions
threshold for PM2.5 and all precursors to
PM2.5 in a serious nonattainment area;
(3) the definition of ‘‘regulated NSR
pollutant’’ has been updated to include
sulfur dioxide (SO2), VOC, and
ammonia in all PM2.5 nonattainment
areas; (4) revisions were made to the
definition of ‘‘significant’’ to include
emission rates for PM2.5 at 10 tpy and
emission rates for PM2.5 precursors as
follows: 40 tpy of SO2, 40 tpy of VOC,
40 tpy of ammonia, and 40 tpy of
nitrogen oxides (NOX). EPA finds these
revisions approvable. Section
127.202(a)—Effective date, was
amended to establish that emission of
VOC and ammonia will be regulated as
PM2.5 precursors after the effective date
of the adoption of the proposed
rulemaking. The proposed amendments
to 25 Pa. Code Chapters 121 and 127,
became effective December 21, 2019.
Section 127.203(a)—Facilities subject to
special permit requirements, was
amended to add ‘‘significant air quality
impact’’ levels for PM2.5 at 0.2mg/m3 for
the annual averaging time and 1.2 mg/m3
for the 24-hour averaging time. PADEP’s
annual averaging time is more stringent
than what EPA requires in 40 CFR
51.165(b)(2), therefore, EPA finds this
more stringent requirement approvable.
Section 127.210(a)—Offset ratios,
establishes offset ratios for VOC and
ammonia at a ratio of 1:1 for flue
emissions and fugitive emissions. EPA
finds the addition of offset ratios to be
approvable.
III. Proposed Action
EPA’s review of this material
indicates that PADEP’s March 10, 2020
SIP submittal is approvable and meets
the requirements of 40 CFR 51.165 and
are in accordance with CAA section
110. EPA is proposing to approve the
March 10, 2020 submittal, which
included revisions to 25 Pa. Code
Chapters 121 (General Provisions) and
127 (Construction, Modification,
Reactivation and Operation of Sources),
as a revision to the Pennsylvania SIP.
EPA is soliciting public comments on
the issues discussed in this document.
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These comments will be considered
before taking final action.
IV. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
certain subsections of 25 Pa. Code
Chapters 121 (General Provisions) and
127 (Construction, Modification,
Reactivation and Operation of Sources)
as identified and discussed in Section II
of this preamble.
EPA has made, and will continue to
make, these materials generally
available through https://
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because it is not a significant
regulatory action 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
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Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed
rulemaking, pertaining to
Pennsylvania’s NNSR requirements
under the 2012 PM2.5 NAAQS, does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0543; FRL–10020–
96–Region 9]
Air Plan Approval; California; El
Dorado County Air Quality
Management District; South Coast Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the El Dorado County Air
SUMMARY:
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Quality Management District
(EDCAQMD) and the South Coast Air
Quality Management District
(SCAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern emissions of volatile
organic compounds (VOC) from
architectural coatings and a rule that
provides definitions for certain terms
that are necessary for the
implementation of local rules that
regulate sources of air pollution. We are
proposing to approve the rules to
regulate these emission sources under
the Clean Air Act (CAA or the Act). We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Any comments must arrive by
April 8, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0543 at https://
www.regulations.gov, or via email to
Arnold Lazarus, at lazarus.arnold@
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, the
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. The 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://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3024 or by
email at lazarus.arnold@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
E:\FR\FM\09MRP1.SGM
09MRP1
Agencies
[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Proposed Rules]
[Pages 13511-13514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04824]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0416; FRL-10021-12-Region 3]
Air Plan Approval; Pennsylvania; Regulatory Updates to
Nonattainment New Source Review (NNSR) Permitting Requirements for 2012
PM2.5 National Ambient Air Quality Standard (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania, on March 10, 2020. This revision pertains
to the Pennsylvania Department of Environmental Protection Agency's
(PADEP) amendments to 25 Pa. Code Chapters 121 (General Provisions) and
127 (Construction, Modification, Reactivation and Operation of Sources)
to implement Federal nonattainment new source review (NNSR) provisions
for the 2012 annual fine particulate matter (PM2.5) national
ambient air quality standard (NAAQS). This action is being taken under
the Clean Air Act (CAA).
DATES: Written comments must be received on or before April 8, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0416 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)
[[Page 13512]]
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.
FOR FURTHER INFORMATION CONTACT: Amy Johansen, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is (215) 814-2156. Ms. Johansen can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On March 10, 2020, the Commonwealth of
Pennsylvania formally submitted a SIP revision to the Pennsylvania SIP.
This SIP submission amends PADEP's 25 Pa. Code Chapters 121 (relating
to general provisions) and 127, Subchapter E (relating to new source
review). This proposed SIP revision establishes that emissions of
volatile organic compounds (VOC) and ammonia are precursors to
PM2.5 for new and modified major sources emitting
PM2.5 in Pennsylvania nonattainment areas; establishes a
significance level for PM2.5; proposes emission offset
ratios for emissions of VOC and ammonia as PM2.5 precursors;
and amends relevant definitions. The relevant PADEP regulations were
adopted by PADEP and became effective upon publication on December 21,
2019.
For more information related to EPA's proposed approval of this SIP
revision, please refer to EPA's Technical Support Document (TSD),
located in Docket ID No. EPA-R03-OAR-2020-0416 at https://www.regulations.gov.
I. Background
A. 2012 PM2.5 NAAQS
Airborne particulate matter with a nominal aerodynamic diameter of
2.5 micrometers or less are ``fine particles,'' and are also known as
PM2.5. See 77 FR 44198 (July 27, 2012). Fine particles in
the atmosphere are made up of a complex mixture of components,
including sulfate, nitrate, ammonium, elemental carbon, organic
compounds, and inorganic material. There are substantial health effects
associated with exposure to PM2.5 emissions. Epidemiological
studies have shown a significant correlation between elevated
PM2.5 levels and premature mortality. Other important health
effects associated with PM2.5 exposure include aggravation
of respiratory and cardiovascular disease, lung disease, decreased lung
function, asthma attacks, and certain cardiovascular problems.
Individuals particularly sensitive to PM2.5 exposure include
older adults, people with heart and lung disease, and children. See 70
FR 65984 (November 1, 2005).
EPA has revised the NAAQS for PM2.5 on multiple
occasions, most recently in 2012. On December 14, 2012, the annual
primary standard for PM2.5 was lowered from 15 micrograms
per meter cubed ([mu]g/m\3\) to 12 [mu]g/m\3\. See 78 FR 3087 (January
15, 2013). The existing 24-hour standards (primary and secondary) were
retained at 35 [mu]g/m\3\, as was the annual secondary standard of 15
[mu]g/m\3\. Upon promulgation of the 2012 PM2.5 NAAQS, EPA
formally classified all of Delaware County and Lebanon County,
Pennsylvania as moderate nonattainment for the 2012 annual
PM2.5 standard. See 80 FR 2206 (January 15, 2015).\1\
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\1\ EPA subsequently issued Additional Air Quality Designations
and Technical Amendment to Correct Inadvertent Error in Air Quality
Designations for the 2012 Primary Annual Fine Particle
(PM2.5), which impacted Delaware and Lebanon counties. 80
FR 18535, 18549 (April 7, 2015).
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B. Purpose of SIP Revision
For areas designated as nonattainment for one or more NAAQS, the
SIP must include preconstruction permit requirements for new or
modified major stationary sources of such nonattainment pollutant(s),
commonly referred to as ``Nonattainment New Source Review.'' See CAA
section 172(c)(5).
PADEP's SIP revision revises NNSR permit requirements for major
sources of PM2.5. Specifically, PADEP's 25 Pa. Code Chapters
121 and 127 have been amended to implement additional provisions
pertaining to PM2.5 precursors, as promulgated in EPA's rule
entitled Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements (2016 Implementation
Rule). 81 FR 58010 (August 24, 2016).
As required by EPA's 2016 Implementation Rule, which implements the
D.C. Circuit court's January 2013 decision in NRDC v. EPA,\2\ areas
classified as nonattainment for any PM2.5 NAAQS are required
to comply with the parts of CAA subpart 4 section 189(e) \3\ that
require the control of major sources of PM10 precursors (and
hence under the court decision, PM2.5 precursors) ``except
where the Administrator determines that such sources do not contribute
significantly to PM10 levels which exceed the standard in
the area.'' The 2016 Implementation Rule amended the definitions of (1)
``regulated NSR pollutant'' with regard to PM2.5 precursors;
(2) ``major stationary source'' with regard to major sources of direct
PM2.5 emissions and PM2.5 precursors locating in
PM2.5 nonattainment areas classified as moderate and
serious; and (3) ``significant'' with regard to emissions of direct
PM2.5 and its precursors.
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\2\ 706 F.3d 428 (D.C. Cir. 2013).
\3\ This requirement was codified in 40 CFR 51.165(a)(13). See
81 FR 58010 (August 24, 2016).
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C. EPA's Findings of Failure To Submit
On April 6, 2018, EPA issued its final Findings of Failure to
Submit PM2.5 SIP revisions (Findings) to three states,
including Pennsylvania. See 83 FR 14759. EPA's Findings apply to states
with overdue SIP revisions for areas initially designated as
nonattainment and classified as moderate for the 2012 PM2.5
NAAQS on April 15, 2015, which included both Delaware and Lebanon
County, Pennsylvania. In its Findings, EPA found that Pennsylvania
failed to submit a timely revision to their SIP as required to satisfy
CAA requirements for implementation of the 2012 PM2.5 NAAQS
for those counties.
Specific to this rulemaking is PADEP's remedying its previous
failure to submit revisions to its NNSR requirements related to the
2012 PM2.5 NAAQS. PADEP was required to submit its NNSR SIP
revision to EPA for approval by October 15, 2016. See 83 FR 14759
(April 6, 2018). PADEP did not meet this deadline, hence EPA's issuance
of its April 6, 2018 Findings, which became effective as of May 7,
2018. As a result of EPA's Findings, PADEP was given 18 months after
the effective date of EPA's Findings to submit all applicable moderate
area requirements or the imposition of sanctions would occur for the
affected moderate 2012 PM2.5 nonattainment area, the
Delaware County and Lebanon County, Pennsylvania nonattainment
areas.\4\ This proposed SIP revision
[[Page 13513]]
updates PADEP's regulations to include the required PM2.5
NNSR provisions in response to EPA's 2016 Implementation Rule
requirements. See 81 FR 58010 (August 24, 2016) and 40 CFR 51.165.
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\4\ Because EPA's April 6, 2018 Findings became effective on May
7, 2018, the 18-month sanctions clock for PADEP to submit its NNSR
SIP revision ended on November 7, 2019.
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As a result of EPA's Findings, Pennsylvania was required to either
submit and obtain EPA approval of redesignation requests for the 2012
PM2.5 standard, or to submit a complete SIP submission
addressing PM2.5 precursors under NNSR. These rulemaking
actions were required to be submitted to EPA by November 7, 2019 to
avoid mandatory sanctions under CAA section 179. After it issued its
Findings, EPA subsequently redesignated both Lebanon and Delaware
County, Pennsylvania to attainment for the 2012 PM2.5 NAAQS,
which became effective on October 30, 2019. 84 FR 51420 (September 30,
2019, effective on October 30, 2019). As stated in our redesignation
document, EPA's redesignation nullified the failure to submit findings
and stopped the sanctions clock.
However, in addition to PADEP submitting redesignation requests
(now approved by EPA), it also drafted regulatory provisions in
response to EPA's Final 2016 Implementation Rule, as it relates to
NNSR.\5\ On March 10, 2020, PADEP submitted those regulatory changes to
EPA for approval into the Pennsylvania SIP.
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\5\ See 84 FR 51420 (September 30, 2019, effective on October
30, 2019).
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II. Summary of SIP Revision and EPA Analysis
A. Summary of SIP Revision
PADEP's Environmental Quality Board (EQB) adopted changes to 25 Pa.
Code Chapters 121 and 127 and those changes became effective upon
publication in the Pennsylvania Bulletin on December 21, 2019. PADEP
submitted those changes as a SIP revision to EPA for inclusion in the
Pennsylvania SIP on March 10, 2020, via the EPA State Planning
electronic Collaboration System (SPeCS).
For areas designated as nonattainment for one or more NAAQS, the
SIP must include preconstruction permit requirements for new or
modified major stationary sources of such nonattainment pollutant(s),
commonly referred to as NNSR. CAA 172(c)(5). PADEP's 25 Pa. Code
Chapters 121 and 127 address NNSR permit requirements for major sources
of PM2.5, as amended, to implement additional provisions
pertaining to precursors, as promulgated in EPA's final 2016
Implementation Rule.\6\
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\6\ See 81 FR 58010 (August 24, 2016).
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B. EPA's Analysis
For additional information related to EPA's analysis of revisions
to 25 Pa. Code, please refer to Section 6 of EPA's TSD, located in
Docket ID No. EPA-R03-OAR-2020-0416 at https://www.regulations.gov.
Under EPA's 2016 Implementation Rule, which in part implements the
D.C. Circuit Court's January 2013 decision in NRDC v. EPA,\7\ areas
classified as nonattainment for any PM2.5 NAAQS are required
to comply with the parts of CAA subpart 4 section 189(e) \8\ that
require the control of major stationary sources of PM10
precursors (and hence under the court decision, PM2.5
precursors) ``except where the Administrator determines that such
sources do not contribute significantly to PM10 levels which
exceed the standard in the area.'' As mentioned previously, the 2016
Implementation Rule amended the definitions of (1) ``regulated NSR
pollutant'' with regard to PM2.5 precursors; (2) ``major
stationary source'' with regard to major sources of direct
PM2.5 emissions and PM2.5 precursors locating in
PM2.5 nonattainment areas classified as moderate and
serious; and (3) ``significant'' with regard to emissions of direct
PM2.5 and its precursors. 25 Pa. Code Chapters 121 (General
Provisions) and 127 (Construction, Modification, Reactivation and
Operation of Sources); specifically, Subchapter E (related to new
source review) are subject to these new regulatory requirements.
Delaware County and Lebanon County, Pennsylvania were classified as
moderate nonattainment areas for the 2012 PM2.5 NAAQS.\9\
The major source permitting threshold for a moderate PM2.5
nonattainment area is 100 tons per year (tpy) of direct
PM2.5 or any PM2.5 precursor, and 70 tpy for a
serious PM2.5 nonattainment area.\10\
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\7\ 706 F.3d 428 (D.C. Cir. 2013).
\8\ This requirement was codified in 40 CFR 51.165(a)(13). See
81 FR 58010 (August 24, 2016).
\9\ On January 15, 2015, EPA designated all of Delaware County
and Lebanon County as moderate nonattainment for the 2012 annual
PM2.5 standard. See 80 FR 2206 (January 15, 2015).
\10\ While Delaware County and Lebanon County were not
classified as serious nonattainment areas for the PM2.5
NAAQS, PADEP has revised 25 Pa. Code to include the lower emissions
threshold of 70 tpy for direct PM2.5 and all four
PM2.5 precursors.
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As more fully discussed in Section 6 of the TSD for this proposed
approval, EPA evaluated the revised portions of 25 Pa. Code Chapters
121 (General Provisions) and 127 (Construction, Modification,
Reactivation and Operation of Sources); specifically, Sections 121.1
(Definitions) and Subchapter E (related to new source review) 127.202,
127.203(a), and 127.210(a) (relating to Effective date, Facilities
subject to special permit requirements, and Offset ratios,
respectively) to determine if the revisions meet current applicable
requirements for a PM2.5 NNSR permit program. 25 Pa. Code
121.1--(1) contains revisions to clarify that 25 Pa. Code applies to
major polluting facilities that will emit PM2.5 or its
precursors in areas designated as nonattainment for PM2.5;
(2) the definition of ``major facility'' has been updated to include a
70 tpy emissions threshold for PM2.5 and all precursors to
PM2.5 in a serious nonattainment area; (3) the definition of
``regulated NSR pollutant'' has been updated to include sulfur dioxide
(SO2), VOC, and ammonia in all PM2.5
nonattainment areas; (4) revisions were made to the definition of
``significant'' to include emission rates for PM2.5 at 10
tpy and emission rates for PM2.5 precursors as follows: 40
tpy of SO2, 40 tpy of VOC, 40 tpy of ammonia, and 40 tpy of
nitrogen oxides (NOX). EPA finds these revisions approvable.
Section 127.202(a)--Effective date, was amended to establish that
emission of VOC and ammonia will be regulated as PM2.5
precursors after the effective date of the adoption of the proposed
rulemaking. The proposed amendments to 25 Pa. Code Chapters 121 and
127, became effective December 21, 2019. Section 127.203(a)--Facilities
subject to special permit requirements, was amended to add
``significant air quality impact'' levels for PM2.5 at
0.2[mu]g/m\3\ for the annual averaging time and 1.2 [mu]g/m\3\ for the
24-hour averaging time. PADEP's annual averaging time is more stringent
than what EPA requires in 40 CFR 51.165(b)(2), therefore, EPA finds
this more stringent requirement approvable. Section 127.210(a)--Offset
ratios, establishes offset ratios for VOC and ammonia at a ratio of 1:1
for flue emissions and fugitive emissions. EPA finds the addition of
offset ratios to be approvable.
III. Proposed Action
EPA's review of this material indicates that PADEP's March 10, 2020
SIP submittal is approvable and meets the requirements of 40 CFR 51.165
and are in accordance with CAA section 110. EPA is proposing to approve
the March 10, 2020 submittal, which included revisions to 25 Pa. Code
Chapters 121 (General Provisions) and 127 (Construction, Modification,
Reactivation and Operation of Sources), as a revision to the
Pennsylvania SIP. EPA is soliciting public comments on the issues
discussed in this document.
[[Page 13514]]
These comments will be considered before taking final action.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference certain subsections of 25 Pa. Code Chapters 121 (General
Provisions) and 127 (Construction, Modification, Reactivation and
Operation of Sources) as identified and discussed in Section II of this
preamble.
EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region III
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant regulatory
action under Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rulemaking, pertaining to Pennsylvania's
NNSR requirements under the 2012 PM2.5 NAAQS, does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: March 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-04824 Filed 3-8-21; 8:45 am]
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