[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Proposed Rules]
[Pages 10650-10652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04813]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0739; FRL-9975-34-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Emissions Statement Requirement for the 2008 Ozone 
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 2008 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 April 11, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0739 at http://www.regulations.gov, or via email to 
[email protected]. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 27, 2008, EPA strengthened the ozone standard from 0.08 to 
0.075 parts per million (ppm). 73 FR 16436. On May 21, 2012, EPA 
designated areas as nonattainment for the 2008 ozone NAAQS, which 
include the following counties in Pennsylvania: Carbon, Lehigh, 
Northampton, Lancaster, Bucks, Chester, Delaware, Montgomery, 
Philadelphia, Allegheny, Armstrong, Beaver, Butler, Fayette, 
Washington, Westmoreland, and Berks counties. See 40 CFR 81.339.

[[Page 10651]]

    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 tons per year (tpy) of volatile organic 
compounds (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 (or SIP) 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 oxides of 
nitrogen (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).
    Section 182 of the CAA identifies additional plan submissions and 
requirements for ozone nonattainment areas. Specifically, section 
182(a)(3)(B) of the CAA requires 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 
NOX and VOC to the state. However, states may waive 
reporting requirements for sources that emit under 25 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).
    In summary, 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 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). Pennsylvania sources that are located in 
designated marginal (or worse) nonattainment areas must also submit an 
emissions statement as required by CAA section 182(a)(3)(B). As stated 
previously, states may waive reporting requirements for sources that 
emit under the 25 tpy NOX and VOC threshold if the state 
provides an inventory of emissions from such class or category of 
sources as required by CAA sections 172 and 182.\1\ See section 
182(a)(3)(B)(ii).
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    \1\ For further information on the emissions statement reporting 
requirements, see ``Guidance on the Implementation of an Emission 
Statement Program (July 1992)'' https://www.epa.gov/sites/production/files/2015-09/documents/emission_statement_program_zypdf.pdf, pp. 5-9.
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    On November 3, 2017, the Commonwealth of Pennsylvania, through the 
Pennsylvania Department of Environmental Protection (PADEP) submitted a 
SIP revision to satisfy the emissions statement requirement of section 
182(a)(3)(B) of the CAA for the 2008 ozone NAAQS. In the submittal, 
PADEP also submitted a certification for its nonattainment new source 
review (NNSR) program, which will be addressed in a separate rulemaking 
action.

II. Summary of SIP Revision and EPA Analysis

    On January 12, 1995 (60 FR 2881), EPA approved Pennsylvania's SIP 
submittal which included Pennsylvania regulations that satisfy the 
emission reporting requirements in CAA section 182(a)(3)(B). 
Pennsylvania's emissions reporting requirements are codified in the 
Pennsylvania Code at 25 Pa. Code 135.21 ``Emissions Statements.''
    25 Pa. Code 135.21 requires that stationary sources or facilities 
that emit NOX or VOC and are located in an area designated 
by the CAA as a marginal, moderate, serious, severe or extreme ozone 
nonattainment area or stationary sources or facilities that are located 
in the OTR (and not in an area designated as a marginal or worse 
nonattainment area) and emit or have the potential to emit 100 tons or 
more of NOX or 50 tons or more of VOC per year, submit an 
annual emissions statement. Because Pennsylvania is located in the OTR, 
sources that are located in attainment areas for the 2008 ozone NAAQS 
and emit above 50 tpy of VOC and 100 tpy of NOX are 
considered major sources and subject to the requirements of major 
stationary sources in moderate (or worse) nonattainment area, such as 
an emissions statement submission as required by CAA section 
182(a)(3)(B). See CAA sections 182(f) and 184(b)(2). This statement 
must show, in a form as PADEP may prescribe, for classes or categories 
of sources: The actual emissions of NOX or VOC from that 
source for each reporting period, a description of the method used to 
calculate the emissions, and the time period over which the calculation 
is based. The statement must be submitted by a company officer or plant 
manager who can verify the source's actual emissions.
    Under 25 Pa. Code 135.21(d), sources that emit less than 25 tons of 
NOX or VOC per year are not required to submit the mandatory 
emissions statement per 25 Pa. Code 135.21(a) if PADEP provides EPA 
with an inventory of emissions from the class or category of sources 
based on the use of the emission factors established by the 
Administrator. As previously mentioned, per CAA section 
182(a)(3)(B)(ii), states may waive reporting requirements for sources 
under 25 tpy of NOX and VOC if the state provides an 
inventory of emissions from such class or category of sources as 
required by CAA sections 172 and 182.
    In the November 3, 2017 SIP submittal, Pennsylvania states that, 
upon review, the Commonwealth certifies that the existing emissions 
statement program continues to comply with the 2008 ozone NAAQS 
requirements. See 60 FR 2881 (January 12, 1995). EPA finds that 25 Pa. 
Code 135.21 continues to satisfy section 182(a)(3)(B) because the 
existing rule is applicable to the entire Commonwealth of Pennsylvania 
and requires 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 the 
Commonwealth detailing the sources' emissions. As previously mentioned, 
per CAA section 182(a)(3)(B)(ii), states may waive sources that emit 
less than 25 tpy of NOX or VOC if the state provides an 
inventory of emissions from such class or category of sources as 
required by CAA section 172 and 182. Pennsylvania does provide 
emissions inventories for ozone nonattainment areas as required by CAA 
section 172(c)(3).\2\ EPA finds Pennsylvania's emissions' thresholds 
for sources that are required to submit an emissions statement meet CAA 
requirements in sections 182 (plan submissions and requirements for 
ozone nonattainment areas) and 184 (OTR requirements). See also 
``Guidance on the Implementation of an Emission Statement Program (July 
1992).'' Therefore, EPA has determined that 25 Pa. Code 135.21, which 
is currently in the Pennsylvania SIP, is appropriate to address the 
emissions

[[Page 10652]]

statement requirement in section 182(a)(3)(B) and is proposing to 
approve this SIP revision. EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.
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    \2\ See ``Approval and Promulgation of Air Quality 
Implementation Plans; Pennsylvania; 2011 Base Year Inventories for 
the 2008 8-Hour Ozone National Ambient Air Quality Standard for the 
Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and 
Reading Areas, and the Pennsylvania Portion of the Philadelphia-
Wilmington-Atlantic City Area,'' 81 FR 24492 (April 26, 2016).
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III. Proposed Action

    EPA is proposing to approve the November 3, 2017 Pennsylvania SIP 
revision certifying that Pennsylvania's existing SIP-approved emissions 
statement regulation meets the emissions statement requirement of 
section 182(a)(3)(B) of the CAA for the 2008 ozone NAAQS.

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);
     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 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, which proposes to approve 
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, 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 
requirements, Volatile organic compounds.

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

    Dated: February 23, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-04813 Filed 3-9-18; 8:45 am]
 BILLING CODE 6560-50-P