[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Proposed Rules]
[Pages 27732-27734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12706]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0054; FRL-9979-42--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Interstate Transport Requirements for the 2012 Fine 
Particulate Matter 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 pertains to the 
infrastructure requirement for interstate transport of pollution with 
respect to the 2012 fine particulate matter (PM2.5) national 
ambient air quality standards (NAAQS). EPA is approving this revision 
in accordance with the requirements of the Clean Air Act (CAA).

DATES: Written comments must be received on or before July 16, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0054 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.

[[Page 27733]]


FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: On July 15, 2014, the Commonwealth of 
Pennsylvania submitted, through the Department of Environmental 
Protection (PADEP), a revision to its SIP to address for the 2012 
PM2.5 NAAQS the elements of CAA section 110(a)(2) with the 
exception of section 110(a)(2)(D)(i)(I). EPA approved portions of that 
SIP revision on May 8, 2015. See 80 FR 26461. In that action, EPA 
approved for the 2012 PM2.5 NAAQS all elements except for 
section 110(a)(2)(D)(i)(II) (relating to the protection of visibility, 
also known as prong 4), for which EPA stated it would take later 
separate action. Because the July 15, 2014 SIP submittal did not 
address 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS, EPA 
took no rulemaking action addressing whether Pennsylvania had addressed 
that specific element. EPA's previous approval on that July 15, 2014 
submittal is not at issue in this proposed rulemaking action and is 
mentioned herein for background; EPA is not at this time taking action 
on the remaining section of PADEP's July 15, 2014 submittal relating to 
visibility protection for the 2012 PM2.5 NAAQS.
    On October 11, 2017, the Commonwealth of Pennsylvania, through 
PADEP submitted a SIP revision addressing the infrastructure 
requirements under section 110(a)(2)(D)(i) of the CAA for the 2012 
PM2.5 NAAQS.

I. Background

A. General

    Particle pollution is a complex mixture of extremely small 
particles and liquid droplets in the air. When inhaled, these particles 
can reach the deepest regions of the lungs. Exposure to particle 
pollution is linked to a variety of significant health problems. 
Particle pollution also is the main cause of visibility impairment in 
the nation's cities and national parks. PM2.5 can be emitted 
directly into the atmosphere, or they can form from chemical reactions 
of precursor gases including sulfur dioxide (SO2), nitrogen 
dioxide (NO2), certain volatile organic compounds (VOC), and 
ammonia. On January 15, 2013, EPA revised the level of the health based 
(primary) annual PM2.5 standard to 12 micrograms per cubic 
meter ([micro]g/m\3\). See 78 FR 3086.

B. EPA's Infrastructure Requirements

    Pursuant to section 110(a)(1) of the CAA, states are required to 
submit a SIP revision to address the applicable requirements of section 
110(a)(2) within three years after promulgation of a new or revised 
NAAQS or within such shorter period as EPA may prescribe. Section 
110(a)(2) requires states to address basic SIP elements to assure 
attainment and maintenance of the NAAQS--such as requirements for 
monitoring, basic program requirements, and legal authority. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances of each NAAQS and what 
is in each state's existing SIP. In particular, the data and analytical 
tools available at the time the state develops and submits the SIP 
revision for a new or revised NAAQS affect the content of the 
submission. The content of such SIP submission may also vary depending 
upon what provisions the state's existing SIP already contains.
    Specifically, section 110(a)(1) provides the procedural and timing 
requirements for SIP submissions. Section 110(a)(2) lists specific 
elements that states must meet for infrastructure SIP requirements 
related to a newly established or revised NAAQS such as requirements 
for monitoring, basic program requirements, and legal authority that 
are designed to assure attainment and maintenance of the NAAQS.

C. Interstate Pollution Transport Requirements

    Section 110(a)(2)(D)(i)(I) of the CAA requires a state's SIP to 
address any emissions activity in one state that contributes 
significantly to nonattainment, or interferes with maintenance, of the 
NAAQS in any downwind state. The EPA sometimes refers to these 
requirements as prong 1 (significant contribution to nonattainment) and 
prong 2 (interference with maintenance), or jointly as the ``good 
neighbor'' provision of the CAA. Further information can be found in 
the Technical Support Document (TSD) for this rulemaking action, which 
is available online at www.regulations.gov, Docket number EPA-R03-OAR-
2018-0054.

II. Summary of SIP Revisions and EPA Analysis

    Pennsylvania's October 11, 2017 SIP submittal includes a summary of 
statewide annual emissions of PM2.5, coarse particulate 
matter (PM10), and precursors of PM2.5 including 
oxides of nitrogen (NOX), SO2, ammonia, and VOCs. 
Pennsylvania also included statewide SO2 and NOX 
emissions specifically from the electric generating units (EGU) sector 
as EGUs are the largest contributor to the point source emissions. The 
emissions summary shows that, for the years 2011 through 2015, 
emissions of all pollutants presented have been steadily decreasing or 
remained nearly steady for sources that potentially contribute with 
respect to the 2012 PM2.5 NAAQS to nonattainment in, or 
interfere with maintenance of, any other state. The submittal also 
included annual PM2.5 design values (DVs) in Pennsylvania 
for the ten most recent years of available data (2006 through 2015).\1\
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    \1\ ``Design value'' means the ``calculated concentration 
according to the applicable appendix of [40 CFR part 50] for the 
highest site in an attainment or nonattainment area.'' 40 CFR 58.1 
(definitions).
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    Pennsylvania also discussed EPA's March 17, 2016 memorandum (2016 
PM2.5 Memorandum) and the fact that EPA's analysis showed 
that only one monitor in the eastern United States had projected 
PM2.5 data above the 12.0 [micro]g/m\3\ NAAQS value 
(Allegheny County, PA).\2\ Pennsylvania also generally discussed the 
direction of prevailing winds as being from west to east and that, due 
to the sheer distance of 2,000 to 3,000 miles, Pennsylvania should not 
affect Idaho or California. Additionally, Pennsylvania described 
several existing SIP-approved measures and other federally enforceable 
source-specific measures, pursuant to permitting requirements under the 
CAA, that apply to sources of PM2.5 and its precursors 
within the Commonwealth. Pennsylvania alleges with these measures, 
emissions reductions, ambient monitored PM2.5 data, and 
meteorological data, the Commonwealth does not significantly contribute 
to, or interfere with the maintenance of, another state for the 2012 
PM2.5 NAAQS. A detailed summary of Pennsylvania's submittal 
and EPA's review and rationale for approval of this SIP revision as 
meeting CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 
NAAQS may be found in the TSD for this rulemaking action, which is 
available online at www.regulations.gov, Docket number EPA-R03-OAR-
2018-0054.
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    \2\ ``Information on the Interstate Transport ``Good Neighbor'' 
Provision for the 2012 Fine Particulate Matter National Ambient Air 
Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),'' 
memorandum from Stephan D. Page, Director, EPA Office of Air Quality 
Planning and Standards.
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    EPA used the information in the 2016 PM2.5 Memorandum 
and additional information for the evaluation and came to the same 
conclusion as Pennsylvania. As discussed in greater detail in the

[[Page 27734]]

TSD, EPA identified the potential downwind nonattainment and 
maintenance receptors identified in the 2016 PM2.5 
Memorandum, and then evaluated them to determine if Pennsylvania's 
emissions could potentially contribute to nonattainment and maintenance 
problems in 2021, the attainment year for moderate PM2.5 
nonattainment areas for the 2012 PM2.5 NAAQS. Specifically, 
the EPA analysis identified the following areas as potential 
nonattainment and maintenance receptors: (i) 17 potential receptors in 
California; (ii) one potential receptor in Shoshone County, Idaho; 
(iii) data gaps exist for the monitors in four counties in Florida; and 
(iv) data gaps exist for all monitors in Illinois. For the 17 receptors 
in California and one potential receptor in Idaho, based on EPA's 
evaluation of distance and wind direction, EPA proposes to conclude 
that Pennsylvania's emissions do not significantly impact those 
receptors. For the four counties in Florida and the monitors in 
Illinois with data gaps, EPA initially treats those receptors as 
potential nonattainment or maintenance receptors, but it is unlikely 
that they will be nonattainment or maintenance receptors in 2021 
because the most recent air quality data (from 2015-2017 for Florida 
and from 2015-2016 for Illinois) indicates that all monitors are likely 
attaining the PM2.5 NAAQS and are therefore unlikely to be 
nonattainment or maintenance concerns in 2021. Therefore, EPA proposes 
to conclude that Pennsylvania emissions will not contribute to any of 
those receptors. For these reasons, EPA is proposing to find that 
Pennsylvania's existing SIP provisions as identified in the October 11, 
2017 SIP submittal are adequate to prevent its emission sources from 
significantly contributing to nonattainment or interfering with 
maintenance in another state with respect to the 2012 PM2.5 
NAAQS.

III. Proposed Action

    EPA is proposing to approve the Pennsylvania SIP revision 
addressing the interstate transport requirements for the 2012 
PM2.5 NAAQS in CAA section 110(a)(2)(D)(i)(I), which was 
submitted on October 11, 2017. 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);
     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, regarding Pennsylvania's 
interstate transport SIP for 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, Particulate matter.

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

    Dated: June 5, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-12706 Filed 6-13-18; 8:45 am]
 BILLING CODE 6560-50-P