[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Rules and Regulations]
[Pages 26221-26222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12070]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0739; FRL-9978-98-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
PA; Emissions Statement Requirement for the 2008 Ozone Standard

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. This SIP revision fulfills Pennsylvania's emissions 
statement requirement for the 2008 ozone national ambient air quality 
standard (NAAQS). EPA is approving these revisions in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on July 6, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0739. 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: Maria A. Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 12, 2018 (83 FR 10650), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA 
proposed approval of Pennsylvania's certification that Pennsylvania's 
SIP-approved emissions statement regulation meets the emissions 
statement requirement of section 182(a)(3)(B) of the CAA for the 2008 
ozone NAAQS. The formal SIP revision was submitted by Pennsylvania, 
through the Pennsylvania Department of the Environmental Protection 
(PADEP), on November 3, 2017.

II. Summary of SIP Revision and EPA Analysis

    In Pennsylvania's November 3, 2017 SIP revision submittal, 
Pennsylvania states that the existing, SIP-approved rule found at 25 
Pa. Code 135.21, ``Emissions Statements,'' satisfies CAA section 
182(a)(3)(B) for the 2008 ozone NAAQS. Under CAA section 182(a)(3)(B), 
states are required to have an emission statements rule for ozone 
nonattainment areas. In addition, states in the ozone transport region 
are required to have an emission statement rule statewide, including 
for attainment areas. See CAA sections 182(a)(3)(B), 182(f), and 
184(b)(2). EPA previously approved Pennsylvania's emissions statement 
rule for the 1979 1-hour ozone standard, 25 Pa. Code 135.21, into the 
Pennsylvania SIP. See 60 FR 2881 (January 12, 1995). EPA has determined 
that 25 Pa. Code 135.21, which is currently in the Pennsylvania SIP, is 
appropriate to address the emissions statement requirement for the 2008 
ozone NAAQS. Therefore, EPA is approving this SIP revision that 
certifies that 25 Pa. Code 135.21 is adequate to satisfy the emissions 
statement requirement for the 2008 ozone NAAQS. Other specific 
requirements of the Pennsylvania's emissions statement rule and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here.

III. Public Comments

    EPA received twenty-three public comments on our March 12, 2018 NPR 
proposing to approve Pennsylvania's November 3, 2017 submittal. All 
comments received were not specific to this action, and thus are not 
addressed here.

IV. Final Action

    EPA is approving the Commonwealth of Pennsylvania's November 3, 
2017 SIP revision submittal, which addresses the 2008 8-hour ozone 
NAAQS emissions statement requirement, as a revision to the 
Pennsylvania SIP.

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

[[Page 26222]]

appropriate, disproportionate human health or environmental effects, 
using practicable and legally permissible methods, under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

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 6, 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, approving Pennsylvania's certification that its SIP-
approved emissions statement regulation meets the emissions statement 
requirement of section 182(a)(3)(B) of the CAA for the 2008 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: May 18, 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 
the entry ``Emission statement requirement certification for the 2008 
ozone national ambient air quality standards (NAAQS)'' 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 geographic        State        EPA approval          Additional
           revision                       area           submittal date        date             explanation
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                                                  * * * * * * *
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Emission statement requirement  Statewide..............     November 3,  6/6/2018,         Certification that
 certification for the 2008                                        2017   [insert Federal   Pennsylvania's
 ozone national ambient air                                               Register          previously approved
 quality standards (NAAQS).                                               citation].        regulation at 25 Pa.
                                                                                            Code 135.21,
                                                                                            ``Emissions
                                                                                            Statements,'' meets
                                                                                            the emission
                                                                                            statement
                                                                                            requirements for the
                                                                                            2008 ozone NAAQS.
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[FR Doc. 2018-12070 Filed 6-5-18; 8:45 am]
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