[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Proposed Rules]
[Pages 26448-26450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10203]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0706; FRL-10023-22-Region 3]


Air Plan Approval; Pennsylvania; Emissions Statement Rule 
Certification for the 2015 Ozone National Ambient Air Quality Standard

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. This revision fulfills Pennsylvania's 
emissions statement requirement for the 2015 ozone 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 June 14, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0706 at https://www.regulations.gov, or via email to 
Talley.David@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://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at 
Nichols.Serena@epa.gov.

SUPPLEMENTARY INFORMATION: On April 23, 2020, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted a revision to 
the Pennsylvania SIP intended to satisfy the Commonwealth's obligations 
under the CAA related to emissions statements for the 2015 ozone NAAQS.

I. Background

    On October 26, 2015, EPA revised the ozone NAAQS from 0.075 parts 
per million (ppm) to 0.070 ppm. See 80 FR 65291. Subsequently, on June 
4, 2018, EPA designated the Philadelphia-Wilmington-Atlantic City (PA-
NJ-MD-DE) Area as a marginal nonattainment area for the 2015 ozone 
NAAQS. See 83 FR 25776. Pennsylvania's portion of this area includes 
Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties. See 40 
CFR 81.339.
    Section 182 of the CAA identifies plan submissions and requirements 
for ozone nonattainment areas. Specifically, section 182(a)(3)(B) of 
the CAA requires

[[Page 26449]]

that states develop and submit rules which establish annual reporting 
requirements for certain stationary sources. Sources that are within 
marginal (or worse) ozone nonattainment areas must annually report the 
actual emissions of nitrogen oxides (NOX) and volatile 
organic compounds (VOC) to the state. However, states may waive 
reporting requirements for sources that emit under 25 tons per year 
(tpy) of NOX and VOC if the state provides an inventory of 
emissions from such class or category of sources. See CAA section 
182(a)(3)(B)(ii).
    Additionally, Pennsylvania is located in the ozone transport region 
(OTR) established by Congress in section 184 of the CAA. Pursuant to 
section 184(b)(2), any stationary source that emits or has the 
potential to emit at least 50 tpy of VOC shall be considered a major 
stationary source and subject to the requirements which would be 
applicable to major stationary sources if the area were classified as a 
moderate nonattainment area. See CAA section 184. Thus, states within 
the OTR are subject to plan requirements in CAA section 182(b) 
applicable to moderate nonattainment areas. Also, section 182(f)(1) of 
the CAA requires that the plan provisions required for major stationary 
sources of VOC also apply to major stationary sources of NOX 
for states with moderate (or worse) ozone nonattainment areas. A major 
stationary source of NOX is defined as a stationary facility 
or source of air pollutants which directly emits or has the potential 
to emit 100 tpy or more of NOX. See CAA section 302(j). 
Because Pennsylvania is located in the OTR, Pennsylvania sources that 
are located in ozone attainment areas and emit above 50 tpy of VOC or 
100 tpy of NOX are considered major sources and also subject 
to the requirements of major stationary sources in moderate (or worse) 
nonattainment area, such as an emissions statement submission required 
by CAA section 182(a)(3)(B). See CAA sections 182(f) and 184(b)(2).

II. Summary of SIP Revision and EPA Analysis

    Pennsylvania's emissions statement requirements are codified at 25 
Pa Code chapter 135. Specifically, section 135.21, in accordance with 
CAA section 182(a)(3)(B), applies to NOX and VOC sources 
within marginal (or worse) nonattainment areas, as well as major 
NOX and VOC sources located in attainment areas located 
within the OTR (i.e., the remainder of the Commonwealth). Affected 
sources are required annually to provide PADEP with a statement 
containing the source's actual NOX and VOC emissions, the 
method used to calculate those emissions, the time period over which 
the calculations are based, and a certification by an appropriate 
company officer that the statement is accurate. 25 Pa Code 135.21 also 
contains a waiver for sources emitting less than 25 tpy, in accordance 
with CAA section182(a)(3)(B)(ii). Additionally, 25 Pa Code 135.5 
contains recordkeeping requirements necessary to document the data 
presented in the annual emissions statements.
    On January 12, 1995, EPA determined that 25 Pa Code sections 135.5 
and 135.21 were adequate for purposes of implementing the requirements 
of CAA section 182(a)(3)(B) and took final action to incorporate those 
sections into the Pennsylvania SIP. See 60 FR 2881. Additionally, on 
June 6, 2018, EPA took final action to approve a SIP submittal from the 
Commonwealth of Pennsylvania in which PADEP certified that its existing 
emissions statement regulations remained adequate to implement the 
requirements of CAA section 182(a)(3)(B) as they pertained to the 2008 
ozone NAAQS. Similarly, PADEP's April 23, 2020 submittal contains a 
certification that the existing emissions statement program remains 
adequate under the revised, 2015 ozone NAAQS.

III. Proposed Action

    EPA finds that PADEP's existing SIP-approved emissions statement 
regulations continue to satisfy CAA section 182(a)(3)(B) because the 
existing rules are applicable to the entire Commonwealth of 
Pennsylvania and require stationary sources that emit NOX or 
VOC (at required thresholds above 25 tpy in designated ozone 
nonattainment areas and above 50 tpy VOC or 100 tpy NOX in 
ozone attainment areas in the OTR) to submit an emissions statement to 
PADEP detailing the sources' emissions. Therefore, EPA is proposing to 
approve PADEP's April 23, 2020 submittal as a revision to 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. 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);
     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 proposed rule, pertaining to Pennsylvania's SIP-
approved emissions statement regulations, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping

[[Page 26450]]

requirements, Volatile organic compounds.

    Dated: May 6, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-10203 Filed 5-13-21; 8:45 am]
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