Air Plan Approval; Pennsylvania; Infrastructure State Implementation Plan Revision Clean Air Act Section 110 Applicable Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standard (NAAQS), 36253-36255 [2023-11752]
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§ 52.1320
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EPA-APPROVED MISSOURI REGULATIONS
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citation
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Title
EPA approval date
Explanation
Missouri Department of Natural Resources
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
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Restriction of Particulate Matter to the Ambient Air
Beyond the Premises of Origin.
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[FR Doc. 2023–11546 Filed 6–1–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0479; FRL–10665–
02–R3]
Air Plan Approval; Pennsylvania;
Infrastructure State Implementation
Plan Revision Clean Air Act Section
110 Applicable Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standard (NAAQS)
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. Whenever EPA
promulgates a new or revised national
ambient air quality standard (NAAQS or
standard), the Clean Air Act (CAA)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
Pennsylvania has formally submitted a
SIP revision addressing certain
infrastructure elements for certain
sections of the CAA for the 2015 8-hour
ozone NAAQS. EPA is approving
Pennsylvania’s submittal addressing
these infrastructure requirements for the
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SUMMARY:
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16:04 Jun 01, 2023
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3/30/2019
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6/2/2023, [insert Federal
Register citation].
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2015 ozone NAAQS in accordance with
the requirements of the CAA.
DATES: This final rule is effective on July
3, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2021–0479. 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
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: Dr.
Michael O’Shea, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2064. Dr. O’Shea
can also be reached via electronic mail
at OShea.Michael@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 27, 2023 (88 FR 12301),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of the
infrastructure requirements submitted
by Pennsylvania for section 110(a) of the
CAA for the 2015 ozone NAAQS, aside
from visibility protection. The formal
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SIP revision was submitted by
Pennsylvania on April 20, 2021.
On October 26, 2015, EPA issued a
final rule revising both the primary and
secondary ozone NAAQS for groundlevel ozone to 0.070 parts per million
(ppm), based on the fourth-highest
maximum daily 8-hour ozone
concentration per year, averaged over
three years. 80 FR 65292.
Whenever EPA promulgates a new or
revised NAAQS, CAA section 110(a)(1)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. This type of SIP submission is
commonly referred to as an
‘‘infrastructure SIP.’’ These submissions
must meet the various requirements of
CAA section 110(a)(2), as applicable,
within three years after promulgation of
a new or revised NAAQS or within such
shorter period as EPA may prescribe.
Section 110(a)(1) of the CAA provides
the procedural and timing requirements
for SIPs, while section 110(a)(2) lists
specific elements that states must meet
for infrastructure SIP requirements
related to a newly established or revised
NAAQS. Section 110(a)(2) requires
states to address basic SIP elements
such as requirements for monitoring,
basic program framework and adequate
legal authority that are designed to
assure attainment and maintenance of
the NAAQS.
II. Summary of SIP Revision and EPA
Analysis
On April 20, 2021, the
Commonwealth of Pennsylvania
formally submitted a SIP revision to
satisfy the infrastructure requirements
of CAA section 110(a) for the 2015
ozone NAAQS (referred to as
‘‘Pennsylvania’s submittal’’).
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Pennsylvania’s submittal addresses the
following infrastructure elements, or
portions thereof, for the 2015 ozone
NAAQS: CAA section 110(a)(2)(A), (B),
(C), (D)(i)(II) (prevention of significant
deterioration (PSD)), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M).
Pennsylvania’s submittal does not
address the following elements of CAA
section 110(a)(2): sub-element (D)(i)(I)
related to interstate transport; and
element (I), which pertains to the
nonattainment requirements of part D,
title I of the CAA. Also, the
Pennsylvania infrastructure SIP
submittal addressed the PSD portion of
section 110(a)(2)(D)(i)(II) but provided
only narrative context regarding the
history of the visibility protection
portion of section110(a)(2)(D)(i)(II).
Therefore, EPA is not taking action on
the visibility protection element of
110(a)(2)(D)(i)(II) at this time.
With respect to element (I), according
to EPA’s 2013 Infrastructure Guidance,
element (I) pertains to part D of title I
of the CAA, which addresses SIP
requirements and submission deadlines
for areas designated nonattainment for a
NAAQS. This element pertains to SIP
revisions that are collectively referred to
as nonattainment SIPs or attainment
plans. Such SIP revisions are required if
an area is designated nonattainment
and, if required, would be due to EPA
by the dates statutorily prescribed in
CAA part D, subparts 2 through 5.
Because the CAA directs states to
submit these plan elements on a
separate schedule, EPA does not believe
it is necessary for states to include these
elements in the infrastructure SIP
submission due three years after
adoption or revision of a NAAQS.1
Pennsylvania’s submittal also did not
address the portion of CAA section
110(a)(2)(D)(i)(I) related to interstate
transport for the 2015 ozone NAAQS.
Therefore, EPA is not taking any action
related to Pennsylvania’s obligations
under section 110(a)(2)(D)(i)(I) for the
2015 ozone NAAQS. Based upon EPA’s
review of Pennsylvania’s submittal, EPA
proposed to determine that
Pennsylvania’s submittal satisfies the
infrastructure elements of CAA section
110(a)(2)(A), (B), (C), (D)(i)(II) (PSD),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M) for the 2015 ozone NAAQS on
February 27, 2023, via an NPRM.
Other specific requirements of the
infrastructure SIP and the rationale for
1 See the ‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2),’’
Memorandum from Stephen D. Page, September 13,
2013, for reference, included in the docket for this
rulemaking action available at www.regulations.gov,
Docket ID Number EPA–R03–OAR–2021–0479.
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EPA’s proposed action are explained in
the NPRM, and its associated technical
support document (TSD), and will not
be restated here. The NPRM and TSD
are available in the docket for this
rulemaking at www.regulations.gov,
Docket ID Number EPA–R03–OAR–
2021–0479.
III. EPA’s Response to Comments
Received
EPA received one comment which
can be found in the docket. The
commenter expressed support for this
action.
IV. Final Action
EPA is approving Pennsylvania’s
April 20th, 2021 infrastructure
submission which satisfies the
following requirements of CAA section
110(a) for the 2015 ozone NAAQS: CAA
section 110(a)(2)(A), (B), (C), (D)(i)(II)
(PSD), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). Pennsylvania’s submittal
did not address the following
infrastructure elements: CAA section
110(a)(2)(D)(i)(I) related to interstate
transport; and CAA section 110(a)(2)(I)
pertaining to the nonattainment
requirements of part D, title I of the
CAA. Therefore, EPA is not taking
action on these elements. Furthermore,
Pennsylvania’s submittal included only
narrative historical information
pertaining to the visibility protection
element of 110(a)(2)(D)(i)(II). Therefore,
EPA is not taking action on that element
at this time.
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
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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
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).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The Pennsylvania Department of
Environmental Protection (PADEP) did
not evaluate environmental justice
considerations as part of its SIP
submittal; the CAA and applicable
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implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
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
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Infrastructure State Implementation Plan
Revision Clean Air Act Sections 110
Applicable Requirements for the 2015
8-Hour Ozone National Ambient Air
Quality Standard (NAAQS).
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CHEMICAL SAFETY AND HAZARD
INVESTIGATION BOARD
40 CFR Part 1600
RIN 3301–AA01
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State
submittal
date
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4/20/2021
United States Chemical Safety
and Hazard Investigation Board.
ACTION: Final rule.
The revisions to the rule
amend the organization, operation,
quorum and voting, and office location
regulations of the United States
Effective June 2, 2023.
The
Chemical Safety and Hazard
Investigation Board’s (CSB) revisions to
40 CFR part 1600 will align with the
agency’s current organizational
structure, Board Orders, practices, and
SUPPLEMENTARY INFORMATION:
Frm 00039
Fmt 4700
Adam Ortiz,
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
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 the entry
‘‘Infrastructure State Implementation
Plan Revision Clean Air Act Sections
110 Applicable Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standard (NAAQS)’’ at the
end of the table to read as follows:
■
§ 52.2020
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6/2/2023, [insert
Federal Register
citation].
Tamara Qureshi, Assistant General
Counsel, at either 202.763.8240 or
tamara.qureshi@csb.gov.
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recordkeeping requirements, Volatile
organic compounds.
Identification of plan.
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(e) * * *
(1) * * *
EPA approval date
FOR FURTHER INFORMATION CONTACT:
AGENCY:
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Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
DATES:
Organization and Functions of the
Chemical Safety and Hazard
Investigation Board
16:04 Jun 01, 2023
List of Subjects in 40 CFR Part 52
Chemical Safety and Hazard
Investigation Board (CSB). The
amendments address changes to agency
practices in organizational structure,
quorum and voting requirements, and
office location. The amendments
incorporate CSB Board Orders. Board
Orders allow the CSB to keep current
with changes in organizational
operations, like when there is a singular
Board member.
BILLING CODE 6560–50–P
VerDate Sep<11>2014
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 August 1, 2023. 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 section
110(a)(2) infrastructure elements for the
2015 ozone NAAQS may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
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Statewide .......
[FR Doc. 2023–11752 Filed 6–1–23; 8:45 am]
SUMMARY:
C. Petitions for Judicial Review
Applicable
geographic
area
Name of non-regulatory SIP revision
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is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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36255
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Additional explanation
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This section is amended. This action addresses the following, or portions thereof, CAA elements: 110(a)(2)(A), (B),
(C), (D)(i)(II)(Prevention of Significant
Deterioration), D(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
office location. The changes to § 1600.2,
Organization, mirror CSB’s current
management structure. The CSB’s Board
Orders memorialize a portion of the
CSB’s internal policies and procedures.
The addition of paragraph (e) to
§ 1600.4, Operation, incorporates the
agency’s current practice of using Board
Orders and other internal policies and
procedures in its operation. The
additional language in § 1600.5,
Quorum and voting requirements,
integrates the CSB’s Board Orders into
the regulations to help ensure that the
regulations remain current.
Furthermore, the regulation now
addresses situations in which the CSB
has a single Chairperson or Board
member. Additionally, the regulation
establishes the CSB’s Board as the
arbiter of internal disputes pertaining to
calendaring of notation items. The
regulation also removes the CSB’s
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]]>Agencies
[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36253-36255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11752]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0479; FRL-10665-02-R3]
Air Plan Approval; Pennsylvania; Infrastructure State
Implementation Plan Revision Clean Air Act Section 110 Applicable
Requirements for the 2015 8-Hour Ozone National Ambient Air Quality
Standard (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. Whenever EPA promulgates a new or revised national
ambient air quality standard (NAAQS or standard), the Clean Air Act
(CAA) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. Pennsylvania has
formally submitted a SIP revision addressing certain infrastructure
elements for certain sections of the CAA for the 2015 8-hour ozone
NAAQS. EPA is approving Pennsylvania's submittal addressing these
infrastructure requirements for the 2015 ozone NAAQS in accordance with
the requirements of the CAA.
DATES: This final rule is effective on July 3, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0479. 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 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: Dr. Michael O'Shea, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2064. Dr. O'Shea can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 27, 2023 (88 FR 12301), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of the infrastructure requirements
submitted by Pennsylvania for section 110(a) of the CAA for the 2015
ozone NAAQS, aside from visibility protection. The formal SIP revision
was submitted by Pennsylvania on April 20, 2021.
On October 26, 2015, EPA issued a final rule revising both the
primary and secondary ozone NAAQS for ground-level ozone to 0.070 parts
per million (ppm), based on the fourth-highest maximum daily 8-hour
ozone concentration per year, averaged over three years. 80 FR 65292.
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This type of
SIP submission is commonly referred to as an ``infrastructure SIP.''
These submissions must meet the various requirements of CAA section
110(a)(2), as applicable, within three years after promulgation of a
new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(1) of the CAA provides the procedural and
timing requirements for SIPs, while section 110(a)(2) lists specific
elements that states must meet for infrastructure SIP requirements
related to a newly established or revised NAAQS. Section 110(a)(2)
requires states to address basic SIP elements such as requirements for
monitoring, basic program framework and adequate legal authority that
are designed to assure attainment and maintenance of the NAAQS.
II. Summary of SIP Revision and EPA Analysis
On April 20, 2021, the Commonwealth of Pennsylvania formally
submitted a SIP revision to satisfy the infrastructure requirements of
CAA section 110(a) for the 2015 ozone NAAQS (referred to as
``Pennsylvania's submittal'').
[[Page 36254]]
Pennsylvania's submittal addresses the following infrastructure
elements, or portions thereof, for the 2015 ozone NAAQS: CAA section
110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant
deterioration (PSD)), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M).
Pennsylvania's submittal does not address the following elements of
CAA section 110(a)(2): sub-element (D)(i)(I) related to interstate
transport; and element (I), which pertains to the nonattainment
requirements of part D, title I of the CAA. Also, the Pennsylvania
infrastructure SIP submittal addressed the PSD portion of section
110(a)(2)(D)(i)(II) but provided only narrative context regarding the
history of the visibility protection portion of
section110(a)(2)(D)(i)(II). Therefore, EPA is not taking action on the
visibility protection element of 110(a)(2)(D)(i)(II) at this time.
With respect to element (I), according to EPA's 2013 Infrastructure
Guidance, element (I) pertains to part D of title I of the CAA, which
addresses SIP requirements and submission deadlines for areas
designated nonattainment for a NAAQS. This element pertains to SIP
revisions that are collectively referred to as nonattainment SIPs or
attainment plans. Such SIP revisions are required if an area is
designated nonattainment and, if required, would be due to EPA by the
dates statutorily prescribed in CAA part D, subparts 2 through 5.
Because the CAA directs states to submit these plan elements on a
separate schedule, EPA does not believe it is necessary for states to
include these elements in the infrastructure SIP submission due three
years after adoption or revision of a NAAQS.\1\ Pennsylvania's
submittal also did not address the portion of CAA section
110(a)(2)(D)(i)(I) related to interstate transport for the 2015 ozone
NAAQS. Therefore, EPA is not taking any action related to
Pennsylvania's obligations under section 110(a)(2)(D)(i)(I) for the
2015 ozone NAAQS. Based upon EPA's review of Pennsylvania's submittal,
EPA proposed to determine that Pennsylvania's submittal satisfies the
infrastructure elements of CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II) (PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M)
for the 2015 ozone NAAQS on February 27, 2023, via an NPRM.
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\1\ See the ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013,
for reference, included in the docket for this rulemaking action
available at www.regulations.gov, Docket ID Number EPA-R03-OAR-2021-
0479.
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Other specific requirements of the infrastructure SIP 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. The NPRM and TSD are available in the docket for this rulemaking
at www.regulations.gov, Docket ID Number EPA-R03-OAR-2021-0479.
III. EPA's Response to Comments Received
EPA received one comment which can be found in the docket. The
commenter expressed support for this action.
IV. Final Action
EPA is approving Pennsylvania's April 20th, 2021 infrastructure
submission which satisfies the following requirements of CAA section
110(a) for the 2015 ozone NAAQS: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II) (PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
Pennsylvania's submittal did not address the following infrastructure
elements: CAA section 110(a)(2)(D)(i)(I) related to interstate
transport; and CAA section 110(a)(2)(I) pertaining to the nonattainment
requirements of part D, title I of the CAA. Therefore, EPA is not
taking action on these elements. Furthermore, Pennsylvania's submittal
included only narrative historical information pertaining to the
visibility protection element of 110(a)(2)(D)(i)(II). Therefore, EPA is
not taking action on that element at this time.
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
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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Pennsylvania Department of Environmental Protection (PADEP) did
not evaluate environmental justice considerations as part of its SIP
submittal; the CAA and applicable
[[Page 36255]]
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
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 August 1, 2023. 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 section 110(a)(2)
infrastructure elements for the 2015 ozone NAAQS 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Adam Ortiz,
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 (e)(1) is amended by adding
the entry ``Infrastructure State Implementation Plan Revision Clean Air
Act Sections 110 Applicable Requirements for the 2015 8-Hour Ozone
National Ambient Air Quality Standard (NAAQS)'' at the end of the table
to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure State Statewide............. 4/20/2021 6/2/2023, [insert This section is
Implementation Plan Revision Federal Register amended. This
Clean Air Act Sections 110 citation]. action addresses
Applicable Requirements for the the following, or
2015 8-Hour Ozone National portions thereof,
Ambient Air Quality Standard CAA elements:
(NAAQS). 110(a)(2)(A),
(B), (C),
(D)(i)(II)(Preven
tion of
Significant
Deterioration),
D(ii), (E), (F),
(G), (H), (J),
(K), (L), and
(M).
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-11752 Filed 6-1-23; 8:45 am]
BILLING CODE 6560-50-P
