[Federal Register Volume 85, Number 44 (Thursday, March 5, 2020)]
[Proposed Rules]
[Pages 12882-12885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04456]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0469; FRL-10005-95-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Regulatory Updates to Allegheny County Nonattainment New 
Source Review (NNSR) Permitting Requirements for 2012 PM2.5 National 
Ambient Air Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
Commonwealth of Pennsylvania, on behalf of the Allegheny County Health 
Department (ACHD), on May 23, 2019. This revision pertains to ACHD's 
amendments of the ACHD Rules and Regulations, Article XXI (Air 
Pollution Control) to implement Federal nonattainment new source review 
(NNSR) provisions for the 2012 annual fine particulate matter 
(PM2.5) national ambient air quality standard (NAAQS). This 
action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 6, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0469 at https://www.regulations.gov, or via email to 
opila.marycate@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Amy Johansen, Permits Branch (3AD10), 
Air & Radiation Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone 
number is (215) 814-2156. Ms. Johansen can also be reached via 
electronic mail at johnasen.amy@epa.gov.

SUPPLEMENTARY INFORMATION: On May 23, 2019, the Commonwealth of 
Pennsylvania formally submitted, on behalf of ACHD, a SIP revision to 
the Pennsylvania SIP. This SIP revision amends ACHD Rules and 
Regulations, Article XXI (Air Pollution Control), sections 2102.06 
(Major Sources Locating in or Impacting a Nonattainment Area), and 
2101.20 (Definitions), herein referred to as Revision 90A. This 
proposed SIP revision establishes that emissions of volatile organic 
compounds (VOC) and ammonia are precursors to PM2.5 for new 
and modified major sources emitting PM2.5 in Allegheny 
County, Pennsylvania; establishes a significant impact level for 
PM2.5; proposes emission offset ratios for emissions of VOC 
and ammonia as PM2.5 precursors; and amends relevant 
definitions. Revision 90A was adopted by ACHD and became effective 
March 3, 2019.\1\
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    \1\ On April 22, 2019, ACHD submitted a ``revised'' requested 
revision to the Pennsylvania Department of Environment Protection 
(PADEP). This revised submittal was necessary due to its initial 
submittal to EPA, on March 6, 2019, having a typographical error. 
The offset ratio for VOC in Article XXI, section 2102.06.3.B.4 was 
printed as ``1.1'' when, instead, it should have been printed as 
``1:1.'' ACHD corrected the typographical error and published a new 
Notice of Amendment in the local newspaper describing the error, 
prior to formally resubmitting it to PADEP on April 22, 2019 and to 
EPA on May 23, 2019.

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[[Page 12883]]

    For more information related to EPA's proposed approval of SIP 
Revision 90A, please refer to EPA's Technical Support Document (TSD), 
located in Docket ID No. EPA-R03-OAR-2019-0469 at https://www.regulations.gov.

I. Background

A. 2012 PM2.5 NAAQS

    Airborne particulate matter with a nominal aerodynamic diameter of 
2.5 micrometers or less are considered to be ``fine particles,'' and 
are also known as PM2.5. Fine particles in the atmosphere 
are made up of a complex mixture of components, including sulfate, 
nitrate, ammonium, elemental carbon, organic compounds, and inorganic 
material. There are substantial health effects associated with exposure 
to PM2.5 emissions. Epidemiological studies have shown a 
significant correlation between elevated PM2.5 levels and 
premature mortality. Other important health effects associated with 
PM2.5 exposure include aggravation of respiratory and 
cardiovascular disease, lung disease, decreased lung function, asthma 
attacks, and certain cardiovascular problems. Individuals particularly 
sensitive to PM2.5 exposure include older adults, people 
with heart and lung disease, and children.
    EPA has revised the NAAQS for PM2.5 on multiple 
occasions, most recently in 2012. On December 14, 2012, the annual 
primary standard for PM2.5 was lowered from 15 micrograms 
per meter cubed ([mu]g/m\3\) to 12 [mu]g/m\3\. See 78 FR 3087 (January 
15, 2013). The existing 24-hour standards (primary and secondary) were 
retained at 35 [mu]g/m\3\, as was the annual secondary standard of 15 
[mu]g/m\3\. Upon promulgation of the 2012 PM2.5 NAAQS, EPA 
formally classified all of Allegheny County, Pennsylvania as moderate 
nonattainment for the 2012 annual PM2.5 standard. See 80 FR 
2206 (January 15, 2015).

B. Purpose of SIP Revision 90A

    For areas designated as nonattainment for one or more NAAQS, the 
SIP must include preconstruction permit requirements for new or 
modified major stationary sources of such nonattainment pollutant(s), 
commonly referred to as ``Nonattainment New Source Review.'' See CAA 
section 172(c)(5).
    ACHD's Revision 90A revises NNSR permit requirements for major 
sources of PM2.5. Specifically, ACHD's Article XXI has been 
amended to implement additional provisions pertaining to 
PM2.5 precursors, as promulgated in EPA's rule entitled Fine 
Particulate Matter National Ambient Air Quality Standards: State 
Implementation Plan Requirements (2016 Implementation Rule). See 81 FR 
58010 (August 24, 2016).
    As required by EPA's 2016 Implementation Rule, which implements the 
D.C. Circuit court's January 2013 decision in NRDC v. EPA,\2\ areas 
classified as nonattainment for any PM2.5 NAAQS are required 
to comply with the parts of CAA subpart 4 section 189(e) \3\ that 
require the control of major sources of PM10 precursors (and 
hence under the court decision, PM2.5 precursors) ``except 
where the Administrator determines that such sources do not contribute 
significantly to PM10 levels which exceed the standard in 
the area.'' The 2016 Implementation Rule amended the definitions of (1) 
regulated NSR pollutant with regard to PM2.5 precursors; (2) 
major stationary source with regard to major sources locating in 
PM2.5 nonattainment areas classified as moderate and 
serious; and (3) significant with regard to emissions of 
PM2.5 precursors.
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    \2\ 706 F.3d 428 (D.C. Cir. 2013).
    \3\ This requirement was codified in 40 CFR 51.165(a)(13). See 
81 FR 58010 (August 24, 2016).
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C. EPA's Findings of Failure To Submit

    On April 6, 2018, EPA issued its final Findings of Failure to 
Submit (Findings) to three states, which included Allegheny County, 
Pennsylvania. See 83 FR 14759. In its Findings, EPA found that 
Allegheny County failed to submit a timely revision to their SIP as 
required to satisfy CAA requirements for implementation of the 2012 
PM2.5 NAAQS. EPA's Findings apply to states with overdue SIP 
revisions for areas initially designated as nonattainment and 
classified as moderate for the 2012 PM2.5 NAAQS on April 15, 
2015.
    Specific to this rulemaking action is ACHD's failure to submit 
revisions to its NNSR requirements. ACHD was required to submit its 
NNSR SIP revision to EPA for approval by October 15, 2016. See 83 FR 
14759 (April 6, 2018). ACHD did not meet this deadline, hence EPA's 
issuance of its April 6, 2018 Findings, which became effective as of 
May 7, 2018. As a result of EPA's Findings, ACHD was given 18 months 
after the effective date of EPA's Findings to submit all applicable 
moderate area requirements or the imposition of sanctions would occur 
for the affected moderate nonattainment area, the Allegheny County, 
Pennsylvania nonattainment area.\4\
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    \4\ EPA's April 6, 2018 Findings became effective on May 7, 
2018, therefore, the 18-month sanctions clock for ACHD to submit its 
NNSR SIP revision ended on November 7, 2019.
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    ACHD's Article XXI, section 2102.06 incorporates by reference the 
NNSR requirements of 25 Pa. Code Chapter 127, subchapter E. However, 
because Pennsylvania's regulations (25 Pa. Code Chapter 127, subchapter 
E) do not contain the necessary 2012 PM2.5 NAAQS precursor 
specific provisions, ACHD cannot simply rely on them via incorporation 
by reference. Therefore, proposed SIP Revision 90A updates ACHD's 
regulations to include the required PM2.5 NNSR provisions in 
response to EPA's 2016 Implementation Rule requirements. See 81 FR 
58010 (August 24, 2016) and 40 CFR 51.165.
    With this proposed rulemaking action, ACHD has met its obligation 
under EPA's April 6, 2018 Findings to submit a NNSR SIP revision prior 
to November 7, 2019. See 83 FR 14759. On July 24, 2019, via letter, EPA 
deemed ACHD's May 23, 2019 SIP submittal administratively and 
technically complete, in accordance with the requirements of 40 CFR 
part 51, Appendix V, which in turn stopped the sanctions clock.\5\
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    \5\ A copy of the completeness letter can be found in the Docket 
for this rulemaking action. Please see Docket ID No. EPA-R03-OAR-
2019-0469 at https://www.regulations.gov.
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II. Summary of SIP Revision and EPA Analysis

A. Summary of SIP Revision

    ACHD's Board of Health adopted changes to sections 2102.06 and 
2101.20 of Article XXI on January 9, 2019, which subsequently became 
effective on March 3, 2019. PADEP submitted SIP Revision 90A to EPA for 
inclusion in the Allegheny County portion of the Pennsylvania SIP on 
May 23, 2019, via the EPA State Planning electronic Collaboration 
System (SPeCS).
    PADEP is the Governor's designee for submitting official revisions 
of the Allegheny County portion of the Pennsylvania SIP to EPA, and 
ACHD is the local agency responsible for regulating and permitting the 
construction and modification of stationary sources within Allegheny 
County, Pennsylvania. Article XXI contains Allegheny County's NNSR 
permit program applicable to new and modified major sources emitting 
PM2.5 and PM2.5 precursors.
    The Allegheny County portion of the Pennsylvania SIP currently 
contains a version of Article XXI (Air Pollution

[[Page 12884]]

Control) that was approved into the SIP on March 30, 2015. See 80 FR 
16570.
    For areas designated as nonattainment for one or more NAAQS, the 
SIP must include preconstruction permit requirements for new or 
modified major stationary sources of such nonattainment pollutant(s), 
commonly referred to as NNSR. CAA 172(c)(5). Article XXI addresses NNSR 
permit requirements for major sources of PM2.5. ACHD's 
Revision 90A has been amended to implement additional provisions 
pertaining to precursors, as promulgated in EPA's final 2016 
Implementation Rule.\6\
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    \6\ See 81 FR 58010 (August 24, 2016).
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B. EPA's Analysis

    Under EPA's 2016 Implementation Rule, which implements the D.C. 
Circuit court's January 2013 decision in NRDC v. EPA,\7\ areas 
classified as nonattainment for any PM2.5 NAAQS are required 
to comply with the parts of CAA subpart 4 section 189(e) \8\ that 
require the control of major stationary sources of PM10 
precursors (and hence under the court decision, PM2.5 
precursors) ``except where the Administrator determines that such 
sources do not contribute significantly to PM10 levels which 
exceed the standard in the area.'' As mentioned previously, the 2016 
Implementation Rule amended the definitions of (1) regulated NSR 
pollutant with regard to PM2.5 precursors; (2) major 
stationary source with regard to major sources locating in 
PM2.5 nonattainment areas classified as moderate and 
serious; and (3) significant with regard to emissions of 
PM2.5 precursors. Article XXI is subject to these new 
regulatory requirements. Allegheny County is classified as a moderate 
nonattainment area for the 2012 PM2.5 NAAQS.\9\ The major 
source permitting threshold for a moderate PM2.5 
nonattainment area is 100 tons per year (tpy) of direct 
PM2.5 or any PM2.5 precursor, and 70 tpy for a 
serious PM2.5 nonattainment area.\10\
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    \7\ 706 F.3d 428 (D.C. Cir. 2013).
    \8\ This requirement was codified in 40 CFR 51.165(a)(13). See 
81 FR 58010 (August 24, 2016).
    \9\ On January 15, 2015, EPA designated all of Allegheny County 
as moderate nonattainment for the 2012 annual PM2.5 
standard. See 80 FR 2206.
    \10\ While Allegheny County has never been classified as a 
serious nonattainment area for any PM2.5 NAAQS, ACHD has 
revised Article XXI to include the lower emissions threshold of 70 
tpy for direct PM2.5 and all four PM2.5 
precursors.
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    EPA evaluated the revised portions of Article XXI to determine if 
the revisions meet current applicable requirements for a 
PM2.5 NNSR permit program. Section 2102.06--(1) contains 
revisions to clarify that Article XXI applies to major polluting 
facilities that will emit PM2.5 or its precursors in areas 
designated as nonattainment for PM2.5; (2) the definition of 
``major facility'' has been updated to include a 70 tpy emissions 
threshold for PM2.5 and all precursors to PM2.5; 
(3) the definition of ``regulated NSR pollutant'' has been updated to 
include SO2, VOC, and ammonia in all PM2.5 
nonattainment areas; (4) revisions were made to the definition of 
``significant'' to include emission rates for PM2.5 at 10 
tpy and emission rates for PM2.5 precursors as follows: 40 
tpy of SO2, 40 tpy of VOC, 40 tpy of ammonia, and 40 tpy of 
NOX; and (5) revisions were made to clarify that under 
Article XXI, ``significance level(s) shall mean ``significant air 
quality impact'' as defined under Article XXI. EPA finds these 
revisions approvable. Section 2102.06(b)(3)--Emission Offsets, 
establishes offset ratios for VOC and ammonia at a ratio of 1:1 for 
flue emissions and fugitive emissions in Allegheny County. EPA finds 
the addition of offset ratios to be approvable, as they match what is 
already in Article XXI for PM2.5 and NOX and 
SO2. Section 2101.20--Definitions, was amended to add 
``significant air quality impact'' levels for PM2.5 at 0.2 
[micro]g/m\3\ for the annual averaging time and 1.2 [micro]g/m\3\ for 
the 24 hour averaging time. ACHD's annual averaging time is more 
stringent than what EPA requires in 40 CFR 51.165(b)(2), therefore, EPA 
finds this more stringent requirement approvable.

III. Proposed Action

    EPA's review of this material indicates that ACHD's May 23, 2019 
SIP submittal is approvable and meets the requirements of 40 CFR 51.165 
and are in accordance with CAA section 110. EPA is proposing to approve 
the May 23, 2019 submittal, which included revisions to ACHD Rules and 
Regulations, Article XXI (Air Pollution Control), sections 2102.06 
(Major Sources Locating in or Impacting a Nonattainment Area), and 
2101.20 (Definitions), as a revision to the Allegheny County portion of 
the Pennsylvania SIP. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the ACHD Rules and Regulations, Article XXI (Air Pollution 
Control), sections 2102.06 (Major Sources Locating in or Impacting a 
Nonattainment Area), and 2101.20 (Definitions) discussed in Section II 
of this preamble.
    EPA has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and at the EPA Region III 
Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information).

V. Statutory and Executive Order Reviews

    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 proposed 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

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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 proposed rule, pertaining to NNSR requirements 
under the 2012 PM2.5 NAAQS, 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.

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: February 21, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-04456 Filed 3-4-20; 8:45 am]
 BILLING CODE 6560-50-P


