[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Rules and Regulations]
[Pages 26461-26463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11033]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0910; FRL-9927-35-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Infrastructure Requirements for the 2010 Nitrogen Dioxide 
and 2012 Fine Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of two State Implementation Plan (SIP) revisions submitted by 
the Commonwealth of Pennsylvania through the Pennsylvania Department of 
Environmental Protection (PADEP) pursuant to the Clean Air Act (CAA). 
Whenever new or revised national ambient air quality standards (NAAQS) 
are promulgated, the CAA requires states to submit a plan for the 
implementation, maintenance, and enforcement of such NAAQS. The plan is 
required to address basic program elements, including, but not limited 
to regulatory structure, monitoring, modeling, legal authority, and 
adequate resources necessary to assure attainment and maintenance of 
the standards. These elements are referred to as infrastructure 
requirements. PADEP made two separate SIP submittals addressing the 
infrastructure requirements for the 2010 nitrogen dioxide 
(NO2) NAAQS and the 2012 fine particular matter 
(PM2.5) NAAQS. In this rulemaking action, EPA is approving, 
in accordance with the requirements of the CAA, the two infrastructure 
SIP submissions with the exception of some portions of the submittals 
addressing visibility protection.

DATES: This final rule is effective on June 8, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0910. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 
submittals are available at the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400 
Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision

    On February 6, 2015 (80 FR 6672), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania 
proposing approval of Pennsylvania's SIP submittals to satisfy several 
requirements of section 110(a)(2) of the CAA for the 2010 
NO2 NAAQS and 2012 PM2.5 NAAQS.\1\ In the NPR, 
EPA proposed approval of Pennsylvania's July 15, 2014 infrastructure 
SIP submittals for the 2010 NO2 NAAQS and 2012 
PM2.5 NAAQS for the following infrastructure elements in 
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 July 15, 2014 SIP submittals for the 2010 
NO2 NAAQS and the 2012 PM2.5 NAAQS did not 
include any provisions addressing section 110(a)(2)(D)(i)(I) 
(interstate transport) or 110(a)(2)(I) (nonattainment plan 
requirements). Thus, EPA's NPR did not propose to approve the 
infrastructure SIP submittals for the 2010 NO2 NAAQS or 2012 
PM2.5 NAAQS for the requirements in section 
110(a)(2)(D)(i)(I) or 110(a)(2)(I). Section 110(a)(2)(I) pertains to 
the nonattainment planning requirements of part D, Title I of the CAA, 
and therefore Pennsylvania was not required to submit anything for this 
element by the 3-year submission deadline of section 110(a)(1) for 
either the 2010 NO2 NAAQS or 2012 PM2.5 NAAQS. 
The requirements of section 110(a)(2)(I) for these NAAQS will be 
addressed in a separate SIP process where appropriate. Section 
110(a)(2)(D)(i)(I) pertains to interstate transport of emissions. EPA 
will take separate action for Pennsylvania concerning this element for 
the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS. Finally, 
Pennsylvania's July 15, 2014 infrastructure SIP submittals for the 2010 
NO2 NAAQS and 2012 PM2.5 NAAQS did include 
provisions addressing the visibility protection element in section 
110(a)(2)(D)(i)(II) of the CAA; however, EPA's NPR did not propose to 
approve any of Pennsylvania's SIP submittals for the requirements in 
section 110(a)(2)(D)(i)(II) for visibility protection. EPA's NPR stated 
we would take separate action on the visibility protection element of 
section 110(a)(2)(D)(i)(II) submitted as part of the July 15, 2014 SIP 
submittals. Thus, this rulemaking does not take any final action on the 
July 15, 2014 infrastructure SIP submittals for section 
110(a)(2)(D)(i)(II) (visibility protection) for the 2010 NO2 
NAAQS or the 2012 PM2.5 NAAQS.
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    \1\ EPA's February 6, 2015 NPR also proposed approval of two 
other Pennsylvania SIP submittals dated July 15, 2014 which 
addressed certain requirements of section 110(a)(2) of the CAA for 
the 2008 ozone NAAQS and the 2010 sulfur dioxide (SO2) 
NAAQS. In this rulemaking action, EPA is not taking final action on 
the Pennsylvania SIP submittals for the 2008 ozone NAAQS or 2010 
SO2 NAAQS. EPA will take final rulemaking action on those 
SIP submittals in a separate action.
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    In the NPR, EPA also proposed approval of Pennsylvania's July 15, 
2014 SIP submittals for certain requirements of CAA section 110(a)(2) 
for the 2008 ozone and 2010 sulfur dioxide (SO2) NAAQS. EPA 
will take separate final action on the proposed approval of 
Pennsylvania's infrastructure SIP submittals for the 2008 ozone and 
2010 SO2 NAAQS.
    The rationale supporting EPA's approval of Pennsylvania's July 15, 
2014 infrastructure SIP submittals for the 2010 NO2 NAAQS 
and 2012 PM2.5 NAAQS, which address certain requirements of 
CAA section 110(a)(2), was explained in the NPR and the technical 
support document (TSD) accompanying the NPR and will not be restated 
here.\2\ The TSD is available online at www.regulations.gov, Docket ID 
Number EPA-R03-OAR-2014-0910. EPA received no adverse comments on our 
proposed approval of Pennsylvania's infrastructure SIP submittals which 
address certain requirements in section 110(a)(2) for the 2010 
NO2 NAAQS and 2012 PM2.5 NAAQS as explained 
above.
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    \2\ The NPR also explained the scope of infrastructure SIPs in 
general and EPA's authority to act on specific elements of CAA 
section 110(a)(2) for a particular NAAQS in separate rulemaking 
actions.
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II. Final Action

    EPA is approving as a revision to the Pennsylvania SIP, 
Pennsylvania's July 15, 2014 infrastructure SIP submittals which 
provide the basic program elements specified in section 110(a)(2)(A), 
(B), (C), (D)(i)(II)(PSD),

[[Page 26462]]

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA, 
necessary to implement, maintain, and enforce the 2010 NO2 
NAAQS and 2012 PM2.5 NAAQS. This rulemaking action does not 
include any rulemaking action on Pennsylvania's infrastructure SIP 
submittals for requirements in CAA section 110(a)(2)(D)(i)(I) 
(interstate transport) or (D)(i)(II) (visibility protection). EPA will 
address these requirements in section 110(a)(2)(D)(i)(I) and (D)(i)(II) 
(visibility protection) in separate actions. EPA will take final action 
on Pennsylvania's SIP submittals addressing infrastructure elements of 
CAA section 110(a)(2) for the 2008 ozone NAAQS and 2010 SO2 
NAAQS in a separate action. This rulemaking does not address 
requirements for section 110(a)(2)(I) for the 2010 NO2 NAAQS 
or 2012 PM2.5 NAAQS as those requirements are due on a 
separate schedule and will be addressed in separate actions where 
necessary.

III. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 July 7, 2015. 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 2010 NO2 NAAQS and 2012 
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, Sulfur dioxide, Reporting and recordkeeping requirements.

    Dated: April 21, 2015.
William C. Early,
Acting 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 for Section 110(a)(2) Infrastructure Requirements for the 
2010 NO2 NAAQS and 2012 PM2.5 NAAQS at the end of 
the table to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

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   Name of non-regulatory SIP     Applicable  geographic       State                              Additional
            revision                       area           submittal date   EPA approval date      explanation
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                                                  * * * * * * *
Section 110(a)(2)                Statewide..............         7/15/14  5/8/15 [Insert      This rulemaking
 Infrastructure Requirements                                               Federal Register    action addresses
 for the 2010 NO2 NAAQS.                                                   citation].          the following 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).
Section 110(a)(2)                Statewide..............         7/15/14  5/8/15 [Insert      This rulemaking
 Infrastructure Requirements                                               Federal Register    action addresses
 for the 2012 PM2.5 NAAQS.                                                 citation].          the following 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).
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[FR Doc. 2015-11033 Filed 5-7-15; 8:45 am]
 BILLING CODE 6560-50-P