[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31064-31067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14199]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0423; FRL-9980-30--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Base Year Emissions Inventories for the Lebanon and 
Delaware County Nonattainment Areas for the 2012 Annual Fine 
Particulate Matter National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving two 
state implementation plan (SIP) revisions submitted by the Commonwealth 
of Pennsylvania. These revisions pertain to base year emission 
inventories for the Lebanon County and Delaware County nonattainment 
areas for the 2012 annual fine particulate national ambient air quality 
standard (NAAQS). The Clean Air Act (CAA) requires states to submit a 
comprehensive, accurate and current inventory of actual emissions from 
all sources of direct and secondary ambient fine particulate matter 
less than 2.5 microns in diameter (PM2.5) for all 
PM2.5 nonattainment areas. EPA is approving these revisions 
in accordance with the requirements under Title I of the CAA.

DATES: This final rule is effective on August 2, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID

[[Page 31065]]

Number EPA-R03-OAR-2017-0423. All documents in the docket are listed on 
the http://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 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Ambient air contains a variety of pollutants, including particulate 
matter (PM). Airborne PM can be comprised of either solid or liquid 
particles, or a complex mixture of particles in both solid and liquid 
form. The most common airborne PM constituents include sulfate (SO4); 
nitrate (NO3); ammonium; elemental carbon; organic mass; and inorganic 
material, referred to as ``crustal'' material, which can include 
metals, dust, soil and other trace elements. PM2.5 includes 
``primary'' particles, which are directly emitted into the air by a 
variety of sources, and ``secondary'' particles, that are formed in the 
atmosphere as a result of reactions between precursor pollutants.
    Human health effects associated with long- or short-term exposure 
to PM2.5 include premature mortality, aggravation of 
respiratory and cardiovascular disease (as indicated by increased 
hospital admissions and emergency room visits) and development of 
chronic respiratory disease.
    On December 14, 2012, EPA revised the primary annual 
PM2.5 NAAQS to provide increased protection of public health 
from fine particle pollution (the 2012 annual PM2.5 NAAQS). 
78 FR 3086 (January 15, 2013). In that action, EPA strengthened the 
primary annual PM2.5 standard, lowering the level from 15.0 
micrograms per cubic meter ([mu]g/m3) to 12.0 mg/
m3. The 2012 annual PM2.5 NAAQS is attained when 
the 3-year average of the annual arithmetic mean monitored values does 
not exceed 12.0 mg/m3. See 40 CFR 50.18.
    On January 15, 2015 (80 FR 2206), EPA published area designations, 
as required by CAA section 107(d)(1), for the 2012 annual 
PM2.5 NAAQS. Therein, EPA identified as ``nonattainment'' 
areas that were then violating the 2012 annual PM2.5 NAAQS 
based on quality-assured, certified air quality monitoring data from 
2011 to 2013 or that contributed to a violation of the NAAQS in a 
nearby area. EPA designated the Delaware County and Lebanon County 
nonattainment areas as moderate nonattainment for the 2012 annual 
PM2.5 NAAQS, effective April 15, 2015. See 40 CFR 81.339.
    Under section 172(c)(3) of the CAA, Pennsylvania is required to 
submit a comprehensive, accurate, and current inventory of actual 
emissions from all sources (point, nonpoint, nonroad, and onroad) of 
the relevant pollutants, in each nonattainment area. EPA's ``Provisions 
for Implementation of the PM2.5 NAAQS'' (or PM 
implementation rule), at 40 CFR part 51, subpart Z, sets criteria for 
which pollutants are to be included by states in the required base year 
emission inventory. This PM inventory must include direct 
PM2.5 emissions, separately reported PM2.5 
filterable and condensable emissions, and emissions of the 
PM2.5 precursors. 40 CFR 51.1008.

II. Summary of SIP Revision and EPA Analysis

    On May 5, 2017, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted a formal SIP revision consisting of the 
2011 base year emissions inventory for the Delaware County 
nonattainment area for the 2012 annual PM2.5 NAAQS. On 
September 25, 2017, PADEP submitted to EPA a formal revision consisting 
of the 2011 base year emission inventory for the Lebanon County 
nonattainment area for the 2012 annual PM2.5 NAAQS.
    The base year emissions inventories prepared by PADEP use 2011 as 
the base year for planning purposes. They include direct 
PM2.5 emissions, as well as PM2.5 filterable and 
condensable emissions, and emissions of the scientific PM2.5 
precursors. PADEP reported actual annual emissions of directly-emitted 
PM2.5 emissions (PM2.5 PRI), as well as 
separately reported PM2.5 filterable and condensable 
particulate matter (PM CON) emissions. PM CON is matter that exists as 
a vapor at stack conditions, but becomes a solid or liquid upon exit of 
the stack. PADEP's base year inventories for these areas also include 
directly-emitted, primary particulate matter less than 10 microns in 
diameter (PM10 PRI), emissions precursors that contribute to 
secondary formation of PM2.5, including sulfur dioxides 
(SO2), nitrogen oxides (NOX), volatile organic 
compounds (VOC), and ammonia (NH3) emissions.
    Table 1 summarizes the 2011 emission inventory by source sector for 
each pollutant or pollutant precursor for the Delaware County 2012 
annual PM2.5 nonattainment area, expressed as annual 
emissions in tons per year (tpy).

       Table 1--Summary of 2011 Emissions of PM2.5, PM10, and PM2.5 Precursors for the Delaware County 2012 Annual PM2.5 NAAQS Nonattainment Area
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                                                                                              Annual emissions (tpy)
                                                         -----------------------------------------------------------------------------------------------
                      Source sector                        PM10 Primary    PM2.5 Primary
                                                                \1\             \2\             SO2             NOX             VOC             NH3
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Stationary Point Sources \3\............................        1,671.81        1,496.70        4,975.94        7,641.98        1,393.18          217.50
Area Sources \4\........................................        2,502.73          998.82        2,055.13        2,875.85        6,779.07          206.47
Onroad Mobile Sources \5\...............................          328.61          179.01           31.05        5,643.30        2,999.73          130.41
Nonroad Mobile Sources..................................          128.87          121.78           3.498        1,123.96        1,787.97           1.759
                                                         -----------------------------------------------------------------------------------------------
    Total Emissions.....................................        4,632.02        2,796.30        7,065.62       17,285.08       12,959.95          556.14
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\1\ Primary PM particles are emitted directly to the air from a source and include both filterable particulate and condensable components. Condensable
  PM (PM CON) exists as a vapor at stack conditions but exists as a solid or liquid once it exits the stack and is cooled by ambient air. All PM CON is
  smaller than 2.5 microns in diameter and, therefore, represents condensable matter for both PM10 and PM2.5. PM10 Primary is the sum of filterable PM10
  (PM10 FIL) and PM CON.
\2\ PM2.5 Primary is the sum of filterable PM2.5 and PM CON.
\3\ The PM10 Primary value for stationary point sources includes a condensable component of 656.39 tpy. Because PM10 includes PM2.5 by definition, the
  PM2.5 Primary value for stationary point sources includes the same condensable component of 656.39 tpy.

[[Page 31066]]

 
\4\ PM10 Primary includes PM10 FIL and PM CON. PM2.5 Primary includes PM2.5 FIL and PM CON. Condensable emissions for the area source sector are a
  subset of PM Primary emissions, or 164.93 tpy.
\5\ Condensable emissions for the onroad and nonroad sectors are not separately calculated by the MOVES model, and are therefore included within the
  PM10 Primary and PM2.5 Primary values of this table.

    Table 2 summarizes the 2011 emission inventory by source sector for 
each pollutant or pollutant precursor for the Lebanon County 2012 
annual PM2.5 nonattainment area, expressed as annual 
emissions in tons per year.

        Table 2--Summary of 2011 Emissions of PM2.5, PM10, and PM2.5 Precursors for the Lebanon County 2012 Annual PM2.5 NAAQS Nonattainment Area
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                                                                                              Annual emissions (tpy)
                                                         -----------------------------------------------------------------------------------------------
                      Source sector                        PM10 Primary    PM2.5 Primary
                                                                \1\             \2\             SO2             NOX             VOC             NH3
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Stationary Point Sources \3\............................          136.64           80.68          278.53          690.30          182.37           17.44
Area Sources \4\........................................        4,462.63        1,287.21          373.62          869.09        5,924.16        3,843.03
Onroad Mobile Sources \5\...............................          140.23           92.50           11.21        2,937.04        1,331.72           49.15
Nonroad Mobile Sources..................................           64.48           61.55           1.684          615.91          668.43           0.751
                                                         -----------------------------------------------------------------------------------------------
    Total Emissions.....................................        4,803.98        1,521.94          665.05        5,112.33        8,106.69        3,910.37
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\1\ Primary PM particles are emitted directly to the air from a source and include both filterable particulate and condensable components. PM10 Primary
  is the sum of filterable PM10 FIL and PM CON.
\2\ PM2.5 Primary is the sum of filterable PM2.5 and PM CON.
\3\ The PM10 Primary value for stationary point sources includes a condensable component of 48.04 tpy. Because PM10 includes PM2.5 by definition, the
  PM2.5 Primary value for stationary point sources includes the same condensable component of 48.04 tpy.
\4\ PM10 Primary includes PM10 FIL and PM CON. PM2.5 Primary includes PM2.5 FIL and PM CON. Condensable emissions for the area source sector are a
  subset of PM Primary emissions, or 38.88 tpy.
\5\ Condensable emissions for the onroad and nonroad sectors are not separately calculated by the MOVES model, and are therefore included within the
  PM10 Primary and PM2.5 Primary values of this table.

    Stationary point sources are large, stationary, and identifiable 
sources of emissions that release pollutants into the atmosphere. PADEP 
extracted data for PM2.5 source emissions from the 2011 NEI 
v2, which receives input from each state's annual inventory estimates.
    Area sources are stationary, nonpoint sources that are too small 
and numerous to be inventoried individually. Area sources are 
inventoried at the county level and aggregated with like categories. 
They are typically estimated through use of emission factors combined 
with activity factor estimates for each source category, adjusted to 
reflect emission control efficiency, emission control rule 
effectiveness, and rule penetration.
    Onroad sources of emissions include motor vehicles operated on 
public roadways. PADEP estimates onroad emissions using EPA's Motor 
Vehicle Emission Simulator (MOVES) model, version MOVES2014, coupled 
with vehicle miles of travel activity levels generated by PADEP or 
local transportation authorities.
    Nonroad sources are mobile, internal combustion powered emission 
sources other than highway motor vehicles. Examples include lawn and 
garden equipment, recreational vehicles, construction and agricultural 
equipment, and industrial equipment. Nonroad mobile source emissions 
from different source categories are calculated using various 
methodologies, primarily by use of EPA's MOVES NONROAD emissions model 
or from EPA's National Mobile Inventory Model (NMIM).
    EPA reviewed Pennsylvania's 2011 base year emission inventory 
submissions including results, procedures, and methodologies for the 
Delaware County and Lebanon County nonattainment areas and found them 
to be acceptable and approvable under sections 110 and 172(c)(3) of the 
CAA. EPA prepared a Technical Support Document (TSD) for each of the 
Delaware County and Lebanon County nonattainment areas in support of 
this rulemaking. The TSDs are available in the docket for this action, 
online at http://www.regulations.gov, Docket ID No. EPA-R03-OAR-2017-
0423.
    On May 3, 2018 (83 FR 19476), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania, proposing 
approval of both the Delaware and Lebanon County 2011 base year 
emission inventory SIP revisions for the 2012 annual PM2.5 
NAAQS. The rationale for EPA's proposed action is explained in the NPR 
and will not be restated here. EPA received three comments on our May 
3, 2018 NPR proposing to approve Pennsylvania's May 5, 2017 and 
September 25, 2017 SIP submittals. All comments received were not 
specific to this action, and thus are not addressed here.

III. Final Action

    EPA is approving Pennsylvania's May 5, 2017 and September 25, 2017 
SIP revisions, which are base year emission inventories for the 
Delaware County and Lebanon County 2012 PM2.5 NAAQS, as 
revisions to the Pennsylvania SIP as the revisions are in accordance 
with requirements in CAA section 110 generally and section 172(c)(3) 
specifically.

IV. 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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory

[[Page 31067]]

action because SIP approvals are exempted under Executive Order 12866.
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 4, 2018. 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 to approve base year emission inventories for the 
Delaware and Lebanon County nonattainment areas for the 2012 annual 
PM2.5 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, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: June 19, 2018.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
two entries entitled ``2011 Base Year Emissions Inventory for the 2012 
Annual Fine Particulate (PM2.5) National Ambient Air Quality 
Standard'' ``Delaware County 2012 PM2.5 nonattainment area'' 
and ``2011 Base Year Emissions Inventory for the 2012 Annual Fine 
Particulate (PM2.5) National Ambient Air Quality Standard'' 
``Lebanon County 2012 PM2.5 nonattainment area'' at the end 
of the table to read as follows:


Sec.  52.2020   Identification of plan.

* * * * *
    (e) * * *

                          (1) EPA-Approved Nonregulatory and Quasi-Regulatory Material
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   Name of non-regulatory SIP          Applicable           State                                Additional
            revision                geographic area    submittal date   EPA approval date       explanation
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                                                  * * * * * * *
2011 Base Year Emissions          Delaware County            5/5/2017  7/3/2018, [Insert
 Inventory for the 2012 Annual     2012 PM2.5                           Federal Register
 Fine Particulate (PM2.5)          nonattainment area.                  citation].
 National Ambient Air Quality
 Standard.
2011 Base Year Emissions          Lebanon County 2012       9/25/2017  7/3/2018, [Insert
 Inventory for the 2012 Annual     PM2.5                                Federal Register
 Fine Particulate (PM2.5)          nonattainment area.                  citation].
 National Ambient Air Quality
 Standard.
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[FR Doc. 2018-14199 Filed 7-2-18; 8:45 am]
 BILLING CODE 6560-50-P


