Air Plan Approval; Pennsylvania; 2015 Ozone National Ambient Air Quality Standards Nonattainment New Source Review Certification SIP, 59692-59695 [2022-21252]
Download as PDF
<![CDATA[
59692
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
voluntary consensus standards. The
EPA believes that this action is not
subject to requirements of section 12(d)
of NTTAA because application of those
requirements would be inconsistent
with the Clean Air Act.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
K. Submission to Congress and the
Comptroller General
lotter on DSK11XQN23PROD with RULES1
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 2,
2022. 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 may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
Jkt 259001
Dated: September 16, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
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.
3. Section 52.237 is amended by
adding paragraph (a)(13) to read as
follows:
■
§ 52.237
§ 52.248
Subpart F—California
Part D disapproval.
(a) * * *
(13) The contingency measures
element of the ‘‘2016 Ozone Plan for
2008 8-Hour Ozone Standard,’’ adopted
June 16, 2016, as modified by the ‘‘2018
Updates to the California State
Implementation Plan,’’ adopted October
25, 2018, for San Joaquin Valley with
respect to the 2008 ozone NAAQS, with
the exception of CARB’s Enhanced
Enforcement Activities Program
measure.
*
*
*
*
*
[Amended]
4. Section 52.248 is amended by
removing and reserving paragraph (g).
■
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. The 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).
17:54 Sep 30, 2022
Authority: 42 U.S.C. 7401 et seq.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
The state did not evaluate
environmental justice considerations as
part of its SIP submittal. There is no
information in the record inconsistent
with the stated goals of Executive Order
12898 of achieving environmental
justice for people of color, low-income
populations, and indigenous peoples.
VerDate Sep<11>2014
recordkeeping requirements, Volatile
organic compounds.
2. Section 52.220 is amended by:
a. Adding paragraph (c)(496)(ii)(B)(5);
b. Revising paragraph
(c)(514)(ii)(A)(2); and
■ c. Adding paragraph
(c)(514)(ii)(A)(11).
The additions and revision read as
follows:
■
■
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(496) * * *
(ii) * * *
(B) * * *
(5) Previously approved on March 25,
2019, in paragraph (c)(496)(ii)(B)(4) of
this section and now deleted without
replacement, subchapter 6.4
(‘‘Contingency for Attainment’’) of the
‘‘2016 Ozone Plan for 2008 8-Hour
Ozone Standard,’’ adopted June 16,
2016.
*
*
*
*
*
(514) * * *
(ii) * * *
(A) * * *
(2) 2018 Updates to the California
State Implementation Plan, adopted on
October 25, 2018, chapter VIII (‘‘SIP
Elements for the San Joaquin Valley’’),
chapter X (‘‘Contingency Measures’’) for
implementation in San Joaquin Valley
for the 2008 ozone standard, and
Appendix A (‘‘Nonattainment Area
Inventories’’), pages A–1, A–2 and A–27
through A–30, only.
*
*
*
*
*
(11) Previously approved on March
25, 2019 in paragraph (c)(514)(ii)(A)(2)
of this section and now deleted without
replacement, subchapter VIII.D
(‘‘Contingency Measures’’) of chapter
VIII (‘‘SIP Elements for the San Joaquin
Valley’’) of the ‘‘2018 Updates to the
California State Implementation Plan,’’
adopted on October 25, 2018.
*
*
*
*
*
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
[FR Doc. 2022–20583 Filed 9–30–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2022–0121; FRL–9823–02–
R3]
Air Plan Approval; Pennsylvania; 2015
Ozone National Ambient Air Quality
Standards Nonattainment New Source
Review Certification SIP
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The revision will fulfill
Pennsylvania’s nonattainment new
source review (NNSR) SIP element
requirement for the 2015 8-hour ozone
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
November 2, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2022–0121. All
documents in the docket are listed on
the 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
SUMMARY:
E:\FR\FM\03OCR1.SGM
03OCR1
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Justin Leary, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, Four Penn Center 1600 John
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2189. Mr. Leary
can also be reached via electronic mail
at Leary.Justin@epa.gov.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
I. Background
On May 31, 2022 (87 FR 32379), EPA
published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of
Pennsylvania’s existing Federallyapproved NNSR regulations for the 2015
8-hour ozone NAAQS. The formal SIP
revision was submitted by Pennsylvania
Department of Environmental Protection
(PADEP) on behalf of the
Commonwealth of Pennsylvania
(Commonwealth or Pennsylvania) on
January 8, 2021.
Pennsylvania is certifying that the
Commonwealth’s federally approved
nonattainment new source review
regulation in 25 Pennsylvania Code of
Regulations (Pa. Code) Chapter 127
applies statewide and covers the
Philadelphia-Wilmington-Atlantic City,
PA–NJ–MD–DE nonattainment area for
the 2015 ozone NAAQS. Pennsylvania
asserts that its nonattainment new
source review program is at least as
stringent as the requirements at 40 Code
of Federal Regulations (CFR) 51.165, as
amended by the final rule titled
‘‘Implementation of the 2015 National
Ambient Air Quality Standards for
Ozone: Nonattainment Area State
Implementation Plan Requirements’’
(SRR) for ozone and its precursors. See
83 FR 62998 (December 6, 2018).
II. Summary of SIP Revision and EPA
Analysis
This rulemaking action is specific to
Pennsylvania’s NNSR requirements.
NNSR is a preconstruction review
permit program that applies to new
major stationary sources or major
modifications at existing sources located
in a nonattainment area. The specific
NNSR requirements for the 2015 8-hour
ozone NAAQS are located in 40 CFR
51.160–165.
VerDate Sep<11>2014
17:54 Sep 30, 2022
Jkt 259001
The minimum SIP requirements for
NNSR permitting programs for the 2015
8-hour ozone NAAQS are located in 40
CFR 51.165. See 40 CFR 51.1314. Under
the 2015 8-hour ozone NAAQS NNSR
SIP requirements, the SIP for each ozone
nonattainment area must contain NNSR
provisions that: (1) set major source
thresholds for oxides of nitrogen (NOX)
and volatile organic compounds (VOCs)
pursuant to 40 CFR
51.165(a)(1)(iv)(A)(1)(i)–(iv); (2) classify
physical changes as a major source if the
change would constitute a major source
by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3); (3) consider any
significant net emissions increase of
NOX as a significant net emissions
increase for ozone pursuant to 40 CFR
51.165(a)(1)(v)(E); (4) consider certain
increases of VOC emissions in extreme
ozone nonattainment areas as a
significant net emissions increase and a
major modification for ozone pursuant
to 40 CFR 51.165(a)(1)(v)(F); (5) set
significant emissions rates for VOCs and
NOX as ozone precursors pursuant to 40
CFR 51.165(a)(1)(x)(A)–(C) and (E); (6)
contain provisions for emissions
reductions credits pursuant to 40 CFR
51.165(a)(3)(ii)(C)(1)–(2); (7) provide
that the requirements applicable to VOC
also apply to NOX pursuant to 40 CFR
51.165(a)(8); and (8) set offset ratios for
VOC and NOX pursuant to 40 CFR
51.165(a)(9)(i)–(iii) (renumbered as
(a)(9)(ii)–(iv) under the SIP
Requirements Rule for the 2008 8-hour
ozone NAAQS).
Pennsylvania’s SIP approved NNSR
program, established in the Pa. Code
Rule 25 Pa. Code Chapter 127—
Construction, Modification,
Reactivation, and Operation of Sources,
applies to the construction and
modification of major stationary sources
in nonattainment areas. In the October
30, 2017, SIP revision, Pennsylvania
certifies that the version of 25 Pa. Code
Chapter 127 in the SIP is at least as
stringent as the Federal NNSR
requirements for the PhiladelphiaWilmington-Atlantic City, PA–NJ–MD–
DE nonattainment area. EPA last
approved revisions to Pennsylvania’s
major NNSR SIP on February 22, 2019.
In that action, EPA approved
Pennsylvania’s NNSR program under
the 2008 8-hour ozone NAAQS and
made PADEP’s NNSR program
consistent with Federal requirements.
See 84 FR 5598 (February 22, 2019). The
version of 25 Pa. Code Chapter 127 that
is contained in the current SIP and
covers the Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE
nonattainment area and is adequate to
meet all applicable NNSR requirements
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
59693
for the 2015 8-hour ozone NAAQS
found in 40 CFR 51.165, and the SRR.
Other specific requirements of the
SRR and the rationale for EPA’s
proposed action are explained in the
NPRM and will not be restated here.
III. EPA’s Response to Comments
Received
EPA received one comment on our
proposed approval of Pennsylvania’s
2015 Ozone NNSR Certification SIP. A
summary of the comment and EPA’s
response is provided herein. The
comment received is included in the
docket for this action.
Comment: The commenter asserts that
EPA failed to address the fact that
Pennsylvania submitted a letter
withdrawing specific portions of the
January 8, 2021, SIP revision submittal
related to inter-precursor trading (IPT)
provisions. In doing so, EPA has
proposed an approval without
excluding the IPT provision that
unlawfully allows IPT to satisfy the
Clean Air Act’s offset requirements for
ozone precursors. The commentor
asserts that EPA must state explicitly in
its final action that it is not approving
the IPT provisions of the January 8,
2021, SIP and that it is approving, as a
SIP commitment, Pennsylvania’s
promise not to issue any NNSR permits
or plan approvals that rely on IPT.
Finally, the commentor asserts that the
approval should be conditional on
Pennsylvania following through on their
commitment to remove ozone related
IPT provision from the commonwealth’s
regulations.
Response: On January 29, 2021, the
United States Court of Appeals for the
D.C. Circuit concluded that ozone IPT
trading is not permissible under the
CAA and vacated ozone IPT trading, i.e.,
the IPT trading provision in the Federal
NNSR regulations. Sierra Club v. EPA,
985 F.3d 1055 (D.C. Cir. 2021). EPA
removed the language allowing IPT
trading for ozone from its NNSR
regulations. 86 FR 37918 (July 19, 2021).
In response to that the July 19, 2021,
rule, on August 23, 2021, PADEP sent a
letter to EPA that withdrew from EPA’s
review the specific portions of PADEP’s
January 8, 2021, SIP revision submittal
that related to inter-precursor trading
(IPT).
EPA agrees with comment to the
extent that EPA should have
affirmatively addressed the August 23,
2021, letter and the fact that PADEP had
withdrawn from EPA review the (IPT)
provisions submitted with the January
8, 2021, SIP revision. Pennsylvania
clearly intends to not apply the IPT
provisions to ozone as made evident by
the August 23, 2021, letter to the EPA.
E:\FR\FM\03OCR1.SGM
03OCR1
59694
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
Furthermore, we acknowledged in this
action that the provisions for IPT for
ozone had been withdrawn from our
consideration, as reflected by our
inclusion of the August 23, 2021, letter
in the docket for the action. Therefore,
EPA’s proposed approval of
Pennsylvania’s 2015 ozone NNSR
certification SIP did not at any time
include a proposed approval of any
provisions relating to IPT for ozone,
consistent with the D.C. Circuit’s
decision. EPA affirms that, in light of
the D.C. Circuit’s decision (and
consistent with Pennsylvania’s
explicitly stated intent in the
withdrawal letter), it would be
inappropriate for Pennsylvania to issue
NNSR permits which relied on IPT for
ozone precursors. Pennsylvania’s
regulations for the issuance of plan
approvals provide for public notice and
comment, in accordance with CAA
requirements. EPA has the ability to
review and comment on any deficiency
in a draft plan approval, including an
inappropriate use of IPT for ozone.
However, EPA disagrees with the
commentor’s assertion that the approval
must be conditional on Pennsylvania
following through on its commitment to
remove the IPT provisions in the
commonwealth’s regulations. This
action only addresses the adequacy of
Pennsylvania’s SIP for purposes of
implementing the 2015 ozone NAAQS.
Because of the withdrawal reflected in
the Commonwealth’s August 23, 2021,
letter, the IPT language in
Pennsylvania’s regulations is not before
EPA for approval in this action. Since
the Pennsylvania provisions included in
this SIP submission are adequate for
purposes of implementing the 2015
ozone standard, Pennsylvania’s 2015
Ozone NNSR Certification SIP is
approvable without the condition
requested by the commenter.
IV. Final Action
lotter on DSK11XQN23PROD with RULES1
EPA’s review of this material
indicates that Pennsylvania’s
submission fulfills the 40 CFR 51.1114
revision requirement, meets the
requirements of CAA sections 110 and
172 and the minimum SIP requirements
of 40 CFR 51.165. Therefore, we are
finalizing our approval of
Pennsylvania’s NNSR SIP for 2015 8hour ozone NAAQS.
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.
VerDate Sep<11>2014
17:54 Sep 30, 2022
Jkt 259001
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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 2, 2022. 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 pertaining to
Pennsylvania’s 2015 Ozone NNSR
Certification may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons set out in the
preamble, 40 part 52 is amended as
follows:
PART 52—APPROVAL
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 an entry for
■
E:\FR\FM\03OCR1.SGM
03OCR1
59695
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
‘‘2015 8-Hour Ozone National Ambient
Air Quality Standard Nonattainment
New Source Review Requirements’’ at
the end of the table to read as follows:
Name of non-regulatory SIP
revision
*
*
2015 8-Hour Ozone NAAQS
Nonattainment New Source
Review Requirements.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2021–0483; FRL–9158–02–
R2]
Approval of Air Quality Implementation
Plans; New York; Revisions to
Architectural and Industrial
Maintenance Coatings
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
*
*
State
submittal
date
Jkt 259001
EPA approval date
*
1/8/21; 8/23/21
*
*
10/3/22, Insert Federal Register citation].
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 electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Longo, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3565, or by email at
longo.linda@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
The Environmental Protection
Agency (EPA) is approving a revision to
the New York State Implementation
Plan (SIP) for the purposes of
implementing control of air pollution
for volatile organic compounds (VOC).
The final SIP revision consists of
amendments to regulations outlined
within New York’s Codes, Rules, and
Regulations (NYCRR) that implement
control measures for architectural and
industrial maintenance coatings. The
effect of this action is to approve control
strategies which will result in VOC
emission reductions that will help attain
and maintain the national ambient air
quality standards for ozone. These
actions are being taken in accordance
with the requirements of the Clean Air
Act.
DATES: This final rule is effective on
November 2, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2021–0483. 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
SUMMARY:
lotter on DSK11XQN23PROD with RULES1
Identification of plan.
*
*
(e) * * *
(1) * * *
*
Pennsylvania’s portion of the
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
area (includes Bucks, Chester, Delaware, Montgomery,
and Philadelphia Counties).
BILLING CODE 6560–50–P
17:54 Sep 30, 2022
*
Applicable geographic area
[FR Doc. 2022–21252 Filed 9–30–22; 8:45 am]
VerDate Sep<11>2014
§ 52.2020
I. What is the background for this action?
II. What comments were received in response
to the EPA’s proposed action?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
On August 11, 2022 (87 FR 49570),
the EPA published a notice of proposed
rulemaking that proposed to approve a
State Implementation Plan (SIP)
revision submitted by the State of New
York on October 15, 2020, for purposes
of revising title 6 of the NYCRR, part
205, ‘‘Architectural and Industrial
Maintenance Coatings.’’ The EPA’s
evaluation recognizes that the SIP
revision is consistent with the Ozone
Transport Commission Model Rule for
AIM coating categories and will help the
State attain the National Ambient Air
Quality Standards (NAAQS) by
improving air quality through reduced
VOC emissions and promoting regional
AIM coating consistency. The specific
details of New York’s SIP revision
submittal and the rationale for the EPA’s
approval action are explained in the
EPA’s proposed rulemaking and are not
restated in this final action. For this
detailed information, the reader is
referred to the EPA’s August 11, 2022,
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
Additional explanation
*
proposed rulemaking (87 FR 49570).
The attendant revisions to 6 NYCRR
part 200, ‘‘General Provisions,’’ section
200.9, Table 1, ‘‘Referenced material,’’
for 6 NYCRR part 205 have been
addressed under a separate rulemaking
at 87 FR 52337, effective September 26,
2022.
II. What comments were received in
response to the EPA’s proposed action?
The EPA provided a 30-day review
and comment period for the August 11,
2022, proposed rule. The comment
period ended on September 12, 2022.
We received no comments on the EPA’s
action.
III. What action is the EPA taking?
The EPA is approving New York’s
revisions to the New York SIP and
amendment to 6 NYCRR part 205,
‘‘Architectural and Industrial
Maintenance Coatings,’’ with a State
effective date of January 11, 2022.
Specifically, this rulemaking will
reduce VOC emissions for 12 coating
categories, create VOC limits for 12
additional coating categories, eliminate
15 coating categories without relaxation
of the regulation, and narrow the
exemption previously provided to
coatings sold in one-liter (or quart-size)
containers, referred to the as the ‘‘quart
exemption.’’ The revisions will help the
State to comply with Federal
requirements pertaining to attainment
and maintenance of the ozone NAAQS.
IV. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the 6
NYCRR part 205, ‘‘Architectural and
Industrial Maintenance Coatings,’’
regulations described in the
amendments to 40 CFR part 52 as
discussed in section III of this preamble.
E:\FR\FM\03OCR1.SGM
03OCR1
]]>Agencies
[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59692-59695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21252]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0121; FRL-9823-02-R3]
Air Plan Approval; Pennsylvania; 2015 Ozone National Ambient Air
Quality Standards Nonattainment New Source Review Certification SIP
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. The revision will fulfill Pennsylvania's nonattainment
new source review (NNSR) SIP element requirement for the 2015 8-hour
ozone 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 November 2, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0121. All documents in the docket are listed on
the 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
[[Page 59693]]
the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Justin Leary, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, Four Penn Center 1600 John F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103, Philadelphia, Pennsylvania 19103. The telephone
number is (215) 814-2189. Mr. Leary can also be reached via electronic
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 31, 2022 (87 FR 32379), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM,
EPA proposed approval of Pennsylvania's existing Federally-approved
NNSR regulations for the 2015 8-hour ozone NAAQS. The formal SIP
revision was submitted by Pennsylvania Department of Environmental
Protection (PADEP) on behalf of the Commonwealth of Pennsylvania
(Commonwealth or Pennsylvania) on January 8, 2021.
Pennsylvania is certifying that the Commonwealth's federally
approved nonattainment new source review regulation in 25 Pennsylvania
Code of Regulations (Pa. Code) Chapter 127 applies statewide and covers
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment
area for the 2015 ozone NAAQS. Pennsylvania asserts that its
nonattainment new source review program is at least as stringent as the
requirements at 40 Code of Federal Regulations (CFR) 51.165, as amended
by the final rule titled ``Implementation of the 2015 National Ambient
Air Quality Standards for Ozone: Nonattainment Area State
Implementation Plan Requirements'' (SRR) for ozone and its precursors.
See 83 FR 62998 (December 6, 2018).
II. Summary of SIP Revision and EPA Analysis
This rulemaking action is specific to Pennsylvania's NNSR
requirements. NNSR is a preconstruction review permit program that
applies to new major stationary sources or major modifications at
existing sources located in a nonattainment area. The specific NNSR
requirements for the 2015 8-hour ozone NAAQS are located in 40 CFR
51.160-165.
The minimum SIP requirements for NNSR permitting programs for the
2015 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR
51.1314. Under the 2015 8-hour ozone NAAQS NNSR SIP requirements, the
SIP for each ozone nonattainment area must contain NNSR provisions
that: (1) set major source thresholds for oxides of nitrogen
(NOX) and volatile organic compounds (VOCs) pursuant to 40
CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv); (2) classify physical changes as a
major source if the change would constitute a major source by itself
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); (3) consider any significant
net emissions increase of NOX as a significant net emissions
increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); (4) consider
certain increases of VOC emissions in extreme ozone nonattainment areas
as a significant net emissions increase and a major modification for
ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); (5) set significant
emissions rates for VOCs and NOX as ozone precursors
pursuant to 40 CFR 51.165(a)(1)(x)(A)-(C) and (E); (6) contain
provisions for emissions reductions credits pursuant to 40 CFR
51.165(a)(3)(ii)(C)(1)-(2); (7) provide that the requirements
applicable to VOC also apply to NOX pursuant to 40 CFR
51.165(a)(8); and (8) set offset ratios for VOC and NOX
pursuant to 40 CFR 51.165(a)(9)(i)-(iii) (renumbered as (a)(9)(ii)-(iv)
under the SIP Requirements Rule for the 2008 8-hour ozone NAAQS).
Pennsylvania's SIP approved NNSR program, established in the Pa.
Code Rule 25 Pa. Code Chapter 127--Construction, Modification,
Reactivation, and Operation of Sources, applies to the construction and
modification of major stationary sources in nonattainment areas. In the
October 30, 2017, SIP revision, Pennsylvania certifies that the version
of 25 Pa. Code Chapter 127 in the SIP is at least as stringent as the
Federal NNSR requirements for the Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE nonattainment area. EPA last approved revisions to
Pennsylvania's major NNSR SIP on February 22, 2019. In that action, EPA
approved Pennsylvania's NNSR program under the 2008 8-hour ozone NAAQS
and made PADEP's NNSR program consistent with Federal requirements. See
84 FR 5598 (February 22, 2019). The version of 25 Pa. Code Chapter 127
that is contained in the current SIP and covers the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment area and is
adequate to meet all applicable NNSR requirements for the 2015 8-hour
ozone NAAQS found in 40 CFR 51.165, and the SRR.
Other specific requirements of the SRR and the rationale for EPA's
proposed action are explained in the NPRM and will not be restated
here.
III. EPA's Response to Comments Received
EPA received one comment on our proposed approval of Pennsylvania's
2015 Ozone NNSR Certification SIP. A summary of the comment and EPA's
response is provided herein. The comment received is included in the
docket for this action.
Comment: The commenter asserts that EPA failed to address the fact
that Pennsylvania submitted a letter withdrawing specific portions of
the January 8, 2021, SIP revision submittal related to inter-precursor
trading (IPT) provisions. In doing so, EPA has proposed an approval
without excluding the IPT provision that unlawfully allows IPT to
satisfy the Clean Air Act's offset requirements for ozone precursors.
The commentor asserts that EPA must state explicitly in its final
action that it is not approving the IPT provisions of the January 8,
2021, SIP and that it is approving, as a SIP commitment, Pennsylvania's
promise not to issue any NNSR permits or plan approvals that rely on
IPT. Finally, the commentor asserts that the approval should be
conditional on Pennsylvania following through on their commitment to
remove ozone related IPT provision from the commonwealth's regulations.
Response: On January 29, 2021, the United States Court of Appeals
for the D.C. Circuit concluded that ozone IPT trading is not
permissible under the CAA and vacated ozone IPT trading, i.e., the IPT
trading provision in the Federal NNSR regulations. Sierra Club v. EPA,
985 F.3d 1055 (D.C. Cir. 2021). EPA removed the language allowing IPT
trading for ozone from its NNSR regulations. 86 FR 37918 (July 19,
2021). In response to that the July 19, 2021, rule, on August 23, 2021,
PADEP sent a letter to EPA that withdrew from EPA's review the specific
portions of PADEP's January 8, 2021, SIP revision submittal that
related to inter-precursor trading (IPT).
EPA agrees with comment to the extent that EPA should have
affirmatively addressed the August 23, 2021, letter and the fact that
PADEP had withdrawn from EPA review the (IPT) provisions submitted with
the January 8, 2021, SIP revision. Pennsylvania clearly intends to not
apply the IPT provisions to ozone as made evident by the August 23,
2021, letter to the EPA.
[[Page 59694]]
Furthermore, we acknowledged in this action that the provisions for IPT
for ozone had been withdrawn from our consideration, as reflected by
our inclusion of the August 23, 2021, letter in the docket for the
action. Therefore, EPA's proposed approval of Pennsylvania's 2015 ozone
NNSR certification SIP did not at any time include a proposed approval
of any provisions relating to IPT for ozone, consistent with the D.C.
Circuit's decision. EPA affirms that, in light of the D.C. Circuit's
decision (and consistent with Pennsylvania's explicitly stated intent
in the withdrawal letter), it would be inappropriate for Pennsylvania
to issue NNSR permits which relied on IPT for ozone precursors.
Pennsylvania's regulations for the issuance of plan approvals provide
for public notice and comment, in accordance with CAA requirements. EPA
has the ability to review and comment on any deficiency in a draft plan
approval, including an inappropriate use of IPT for ozone.
However, EPA disagrees with the commentor's assertion that the
approval must be conditional on Pennsylvania following through on its
commitment to remove the IPT provisions in the commonwealth's
regulations. This action only addresses the adequacy of Pennsylvania's
SIP for purposes of implementing the 2015 ozone NAAQS. Because of the
withdrawal reflected in the Commonwealth's August 23, 2021, letter, the
IPT language in Pennsylvania's regulations is not before EPA for
approval in this action. Since the Pennsylvania provisions included in
this SIP submission are adequate for purposes of implementing the 2015
ozone standard, Pennsylvania's 2015 Ozone NNSR Certification SIP is
approvable without the condition requested by the commenter.
IV. Final Action
EPA's review of this material indicates that Pennsylvania's
submission fulfills the 40 CFR 51.1114 revision requirement, meets the
requirements of CAA sections 110 and 172 and the minimum SIP
requirements of 40 CFR 51.165. Therefore, we are finalizing our
approval of Pennsylvania's NNSR SIP for 2015 8-hour ozone NAAQS.
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 2, 2022. 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 pertaining to Pennsylvania's 2015 Ozone NNSR
Certification may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons set out in the preamble, 40 part 52 is amended as
follows:
PART 52--APPROVAL 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
an entry for
[[Page 59695]]
``2015 8-Hour Ozone National Ambient Air Quality Standard Nonattainment
New Source Review Requirements'' at the end of the table to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State EPA approval
revision geographic area submittal date date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2015 8-Hour Ozone NAAQS Pennsylvania's 1/8/21; 8/23/21 10/3/22, Insert
Nonattainment New Source portion of the Federal
Review Requirements. Philadelphia- Register
Wilmington- citation].
Atlantic City,
PA-NJ-MD-DE
area (includes
Bucks, Chester,
Delaware,
Montgomery, and
Philadelphia
Counties).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-21252 Filed 9-30-22; 8:45 am]
BILLING CODE 6560-50-P
