Air Plan Approval; Pennsylvania; Regulatory Updates to Nonattainment New Source Review (NNSR) Permitting Requirements for 2012 Fine Particulate Matter (PM2.5, 25951-25953 [2021-10041]
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules and Regulations
Dated: May 5, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
[FR Doc. 2021–10085 Filed 5–11–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
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:
40 CFR Part 52
I. Background
On March 9, 2021 (86 FR 13511), EPA
published a notice of proposed
rulemaking (NPRM) for the
Air Plan Approval; Pennsylvania;
Commonwealth of Pennsylvania. In the
Regulatory Updates to Nonattainment
New Source Review (NNSR) Permitting NPRM, EPA proposed approval of
Requirements for 2012 Fine Particulate amendments to 25 Pa. Code Chapters
121 (General Provisions) and 127
Matter (PM2.5) National Ambient Air
(Construction, Modification,
Quality Standard (NAAQS)
Reactivation and Operation of Sources)
AGENCY: Environmental Protection
to implement Federal NNSR provisions
Agency (EPA).
for the 2012 PM2.5 NAAQS. Specifically,
the SIP revision establishes that
ACTION: Final rule.
emissions of volatile organic
SUMMARY: The Environmental Protection compounds (VOC) and ammonia are
Agency (EPA) is approving a state
precursors to PM2.5 for new and
implementation plan (SIP) revision
modified major sources emitting PM2.5
submitted by the Commonwealth of
in nonattainment areas for PM2.5 in
Pennsylvania, on March 10, 2020. This
Pennsylvania; 1 establishes a significant
revision pertains to the Pennsylvania
impact level for PM2.5; proposes
Department of Environmental
emission offset ratios for emissions of
Protection’s (PADEP) amendments to 25 VOC and ammonia as PM2.5 precursors;
Pa. Code Chapters 121 (General
and amends relevant definitions. The
Provisions) and 127 (Construction,
formal SIP revision was submitted by
Modification, Reactivation and
PADEP on March 10, 2020.
EPA has revised the NAAQS for PM2.5
Operation of Sources) to implement
on multiple occasions, most recently in
Federal nonattainment new source
2012. On December 14, 2012, the annual
review (NNSR) provisions for the 2012
primary standard for PM2.5 was lowered
annual fine particulate matter (PM2.5)
from 15 micrograms per meter cubed
national ambient air quality standard
(mg/m3) to 12 mg/m3. See 78 FR 3087
(NAAQS). EPA is approving these
(January 15, 2013). The existing 24-hour
revisions to the Pennsylvania SIP in
accordance with the requirements of the standards (primary and secondary) were
retained at 35 mg/m3, as was the annual
Clean Air Act (CAA).
secondary standard of 15 mg/m3. Upon
DATES: This final rule is effective on
promulgation
of the 2012 PM2.5 NAAQS,
June 11, 2021.
EPA formally classified all of Delaware
ADDRESSES: EPA has established a
County and Lebanon County,
docket for this action under Docket ID
Pennsylvania as moderate
Number EPA–R03–OAR–2020–0416. All
nonattainment for the 2012 annual
documents in the docket are listed on
PM2.5 standard. See 80 FR 2206 (January
the https://www.regulations.gov
15, 2015).2 For areas designated as
website. Although listed in the index,
nonattainment for one or more NAAQS,
some information is not publicly
the SIP must include preconstruction
available, e.g., confidential business
permit requirements for new or
information (CBI) or other information
whose disclosure is restricted by statute. modified major stationary sources of
such nonattainment pollutant(s),
Certain other material, such as
commonly referred to as
copyrighted material, is not placed on
the internet and will be publicly
1 Allegheny County, Pennsylvania sources are
available only in hard copy form.
regulated under the Allegheny County Health
Publicly available docket materials are
Department’s Article XXI, not PADEP 25 Pa. Code.
2 EPA subsequently issued Additional Air Quality
available through https://
Designations and Technical Amendment to Correct
www.regulations.gov, or please contact
Error in Air Quality Designations for
the person identified in the FOR FURTHER Inadvertent
the 2012 Primary Annual Fine Particulate Matter
INFORMATION CONTACT section for
(PM2.5), which impacted Delaware and Lebanon
counties. 80 FR 18535, 18549 (April 7, 2015).
additional availability information.
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25951
‘‘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,3
areas classified as nonattainment for any
PM2.5 NAAQS are required to comply
with the parts of CAA subpart 4 section
189(e) 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.’’ 4 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.
II. Summary of SIP Revision and EPA
Analysis
A. Summary of SIP Revision
25 Pa. Code Chapters 121 and 127
address NNSR permit requirements for
major sources of PM2.5. PADEP’s SIP
revision has been amended to
implement additional provisions
pertaining to precursors, as promulgated
in EPA’s final 2016 Implementation
Rule.
B. EPA’s Proposed Action
At proposal, EPA evaluated the
revised portions 25 Pa. Code Chapters
121 and 127 to determine if the
revisions meet current applicable
requirements for a PM2.5 NNSR permit
program, as revised by EPA’s 2016
Implementation Rule. 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
3 706
F.3d 428 (D.C. Cir. 2013).
requirement was codified in 40 CFR
51.165(a)(13). See 81 FR 58010 (August 24, 2016).
4 This
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nonattainment for PM2.5; (2) the
definition of ‘‘major facility’’ has been
updated to include a 70 tons per year
(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). 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. EPA proposed to find these
revisions approvable and consistent
with applicable requirements for a PM2.5
NNSR permit program, as revised by the
2016 Implementation Rule.
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.
Other specific provisions of this SIP
revision and the rationale for EPA’s
proposed action are explained in the
NPRM, and its associated technical
support document (TSD), and will not
be restated here. No public comments
were received on the NPRM.
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III. Final Action
EPA is approving amendments to 25
Pa. Code Chapters 121 (General
Provisions) and 127 (Construction,
Modification, Reactivation and
Operation of Sources), as a revision to
the Pennsylvania SIP.
IV. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of certain subsections of 25
Pa. Code Chapters 121 (General
Provisions) and 127, (Construction,
Modification, Reactivation and
Operation of Sources), as described in
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the amendments to 40 CFR part 52 sets
forth below.
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).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rule of
EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.5
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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);
5 62
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• 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 July 12, 2021. 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 NNSR
requirements under the 2012 PM2.5
NAAQS may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.2020, the table in paragraph
(c)(1) is amended by:
■
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
Title/subject
1. The authority citation for part 52
continues to read as follows:
■
Subpart NN—Pennsylvania
Dated: May 6, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
State citation
‘‘Section 121.1’’ after a third existing
entry for ‘‘Section 121.1’’;
■ b. Under ‘‘Chapter 127—Construction,
Modification, Reactivation, and
Operation of Sources, Subchapter E’’ by
revising the entries for ‘‘Section
127.202’’, ‘‘Section 127.203a’’, and
‘‘Section 127.210’’.
The addition and revisions read as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
a. Under ‘‘Chapter 121—General
Provisions’’ by adding a fourth entry for
■
State
effective
date
§ 52.2020
*
Identification of plan.
*
*
(c) * * *
(1) * * *
*
*
Additional
explanation/§ 52.2063
citation
EPA
approval date
Title 25—Environmental Protection
Article III—Air Resources
*
*
*
*
*
*
*
Chapter 121—General Provisions
*
Section 121.1 .........
*
Definitions ..............
*
*
*
12/21/19
*
5/12/21, [insert Federal
Register citation].
*
*
*
*
Revised definitions for ‘‘major facility,’’ ‘‘regulated
NSR pollutant,’’ and ‘‘significant’’ to address 2016
PM2.5 Implementation Rule requirements.
*
*
*
*
Chapter 127—Construction, Modification, Reactivation, and Operation of Sources
*
*
*
*
*
*
*
Subchapter E—New Source Review
*
Section 127.202 .....
*
Effective date .........
*
12/21/19
*
5/12/21, [insert Federal
Register citation].
*
*
*
Revised to include VOC and ammonia as PM2.5 precursors.
Previous approval was July 13, 2012. Docket No.
EPA–R03–OAR–2011–0924.
*
Section 127.203a ...
*
Applicability determination.
*
12/21/19
*
5/12/21, [insert Federal
Register citation].
*
*
*
Revised to include annual and 24-hour levels for
‘‘significant air quality impacts for PM2.5.’’
Previous approval was July 13, 2012. Docket No.
EPA–R03–OAR–2011–0924.
*
Section 127.210 .....
*
Offset ratios ...........
*
12/21/19
*
5/12/21, [insert Federal
Register citation].
*
*
*
Revised to include PM2.5 offset ratios for both VOC
and ammonia.
Previous approval was July 13, 2012. Docket No.
EPA–R03–OAR–2011–0924.
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*
*
*
*
*
*
*
*
*
*
*
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]]>Agencies
[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Rules and Regulations]
[Pages 25951-25953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10041]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0416; FRL-10023-38-Region 3]
Air Plan Approval; Pennsylvania; Regulatory Updates to
Nonattainment New Source Review (NNSR) Permitting Requirements for 2012
Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard
(NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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'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). EPA is approving these revisions
to the Pennsylvania SIP in accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on June 11, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0416. 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: 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:
I. Background
On March 9, 2021 (86 FR 13511), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM,
EPA proposed approval of amendments to 25 Pa. Code Chapters 121
(General Provisions) and 127 (Construction, Modification, Reactivation
and Operation of Sources) to implement Federal NNSR provisions for the
2012 PM2.5 NAAQS. Specifically, the 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 nonattainment areas for PM2.5
in Pennsylvania; \1\ establishes a significant impact level for
PM2.5; proposes emission offset ratios for emissions of VOC
and ammonia as PM2.5 precursors; and amends relevant
definitions. The formal SIP revision was submitted by PADEP on March
10, 2020.
---------------------------------------------------------------------------
\1\ Allegheny County, Pennsylvania sources are regulated under
the Allegheny County Health Department's Article XXI, not PADEP 25
Pa. Code.
---------------------------------------------------------------------------
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).\2\ 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).
---------------------------------------------------------------------------
\2\ EPA subsequently issued Additional Air Quality Designations
and Technical Amendment to Correct Inadvertent Error in Air Quality
Designations for the 2012 Primary Annual Fine Particulate Matter
(PM2.5), which impacted Delaware and Lebanon counties. 80
FR 18535, 18549 (April 7, 2015).
---------------------------------------------------------------------------
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,\3\ areas
classified as nonattainment for any PM2.5 NAAQS are required
to comply with the parts of CAA subpart 4 section 189(e) 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.'' \4\ 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.
---------------------------------------------------------------------------
\3\ 706 F.3d 428 (D.C. Cir. 2013).
\4\ This requirement was codified in 40 CFR 51.165(a)(13). See
81 FR 58010 (August 24, 2016).
---------------------------------------------------------------------------
II. Summary of SIP Revision and EPA Analysis
A. Summary of SIP Revision
25 Pa. Code Chapters 121 and 127 address NNSR permit requirements
for major sources of PM2.5. PADEP's SIP revision has been
amended to implement additional provisions pertaining to precursors, as
promulgated in EPA's final 2016 Implementation Rule.
B. EPA's Proposed Action
At proposal, EPA evaluated the revised portions 25 Pa. Code
Chapters 121 and 127 to determine if the revisions meet current
applicable requirements for a PM2.5 NNSR permit program, as
revised by EPA's 2016 Implementation Rule. 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
[[Page 25952]]
nonattainment for PM2.5; (2) the definition of ``major
facility'' has been updated to include a 70 tons per year (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). 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. EPA proposed to find these
revisions approvable and consistent with applicable requirements for a
PM2.5 NNSR permit program, as revised by the 2016
Implementation Rule.
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[micro]g/m\3\ for the annual
averaging time and 1.2 [micro]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.
Other specific provisions of this SIP revision and the rationale
for EPA's proposed action are explained in the NPRM, and its associated
technical support document (TSD), and will not be restated here. No
public comments were received on the NPRM.
III. Final Action
EPA is approving amendments to 25 Pa. Code Chapters 121 (General
Provisions) and 127 (Construction, Modification, Reactivation and
Operation of Sources), as a revision to the Pennsylvania SIP.
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of certain
subsections of 25 Pa. Code Chapters 121 (General Provisions) and 127,
(Construction, Modification, Reactivation and Operation of Sources), as
described in the amendments to 40 CFR part 52 sets forth below.
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).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rule of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\5\
---------------------------------------------------------------------------
\5\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 July 12, 2021. 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 NNSR requirements under the 2012
PM2.5 NAAQS may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
[[Page 25953]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Dated: May 6, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 (c)(1) is amended by:
0
a. Under ``Chapter 121--General Provisions'' by adding a fourth entry
for ``Section 121.1'' after a third existing entry for ``Section
121.1'';
0
b. Under ``Chapter 127--Construction, Modification, Reactivation, and
Operation of Sources, Subchapter E'' by revising the entries for
``Section 127.202'', ``Section 127.203a'', and ``Section 127.210''.
The addition and revisions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Additional
State citation Title/subject State EPA approval date explanation/Sec.
effective date 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Title 25--Environmental Protection
Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 121--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 121.1.............. Definitions................ 12/21/19 5/12/21, [insert Revised
Federal Register definitions for
citation]. ``major
facility,''
``regulated NSR
pollutant,'' and
``significant''
to address 2016
PM2.5
Implementation
Rule
requirements.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 127--Construction, Modification, Reactivation, and Operation of Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter E--New Source Review
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 127.202............ Effective date............. 12/21/19 5/12/21, [insert Revised to include
Federal Register VOC and ammonia
citation]. as PM2.5
precursors.
Previous approval
was July 13,
2012. Docket No.
EPA-R03-OAR-2011-
0924.
* * * * * * *
Section 127.203a........... Applicability determination 12/21/19 5/12/21, [insert Revised to include
Federal Register annual and 24-
citation]. hour levels for
``significant air
quality impacts
for PM2.5.''
Previous approval
was July 13,
2012. Docket No.
EPA-R03-OAR-2011-
0924.
* * * * * * *
Section 127.210............ Offset ratios.............. 12/21/19 5/12/21, [insert Revised to include
Federal Register PM2.5 offset
citation]. ratios for both
VOC and ammonia.
Previous approval
was July 13,
2012. Docket No.
EPA-R03-OAR-2011-
0924.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-10041 Filed 5-11-21; 8:45 am]
BILLING CODE 6560-50-P
