[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Rules and Regulations]
[Pages 50851-50854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21665]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0054; FRL-9984-99-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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: This final rule is effective on November 9, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0054. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., 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 through 
http://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 14, 2018 (83 FR 27732), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA 
proposed approval of the Pennsylvania SIP revision addressing the 
interstate transport requirements for the 2012 PM2.5 NAAQS 
in CAA section 110(a)(2)(D)(i)(I) submitted on October 11, 2017. For 
more information on particulate pollution, EPA's infrastructure 
requirements, and interstate transport requirements, see Section I of 
the NPR.

II. Summary of SIP Revision 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), sulfur dioxide (SO2), 
ammonia, and volatile organic compounds (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 to 
nonattainment in, or interfere with maintenance of the 2012 
PM2.5 NAAQS in any other state. The submittal also included 
currently available air quality monitoring data for PM2.5.
    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 micrograms per cubic meter 
([micro]g/m\3\) NAAQS value (Allegheny County, PA).\1\ Pennsylvania 
also generally discussed prevailing wind directions and several

[[Page 50852]]

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 that 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.
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    \1\ ``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. EPA identified the potential downwind 
nonattainment and maintenance receptors identified in the 2016 
PM2.5 Memorandum, and then determined that Pennsylvania's 
emissions will not contribute to these receptors, and thus will not 
contribute to nonattainment and maintenance problems, in 2021--the 
attainment year for moderate PM2.5 nonattainment areas for 
the 2012 PM2.5 NAAQS.
    A detailed summary of Pennsylvania's submittal and the rationale 
for EPA's proposed action are explained in the NPR and accompanying 
technical support document (TSD) and will not be restated here.

III. Response to Comments

    EPA received a total of four sets of comments on the June 14, 2018 
NPR. Three of those did not concern any of the specific issues raised 
in the NPR, nor did they address EPA's rationale for the proposed 
approval of Pennsylvania's submittal. Therefore, EPA is not responding 
to those comments. EPA did receive one relevant set of comments; those 
comments, and EPA's response is discussed below. All of the comments 
received are included in the docket for this action.
    Comment: The commenter first identifies that Pennsylvania submitted 
a SIP revision on July 15, 2014 and that all elements were approved 
except those under CAA sections 110(a)(2)(D)(i)(I) and 
110(a)(2)(D)(i)(II). The commenter notes that EPA is required to act on 
a SIP revision within 12 months of finding the submittal complete and 
asks why EPA has not performed its statutory duty of acting on CAA 
section 110(a)(2)(D)(i)(II) within the prescribed time frame. The 
commenter continues, asking what was done between 2014 and the present 
to ensure that visibility protection was federally enforceable as 
required ``by this prong 4'' in terms of protecting human health and 
the environment.
    Response: As stated in the NPR, Pennsylvania's July 15, 2014 SIP 
submittal did not include provisions addressing CAA section 
110(a)(2)(D)(i)(I), and therefore that particular element of CAA 
section 110(a)(2)(D) (prohibiting emissions that contribute 
significantly to nonattainment, or interfere with maintenance of the 
NAAQS in any other state) was not before EPA for approval. See 83 FR 
27733 (June 14, 2018). EPA's prior action on the July 15, 2014 SIP 
submittal approved the portion of the submittal which addressed the CAA 
section 110(a)(2)(D)(i)(II) element related to prevention of 
significant deterioration as it was addressed in the July 15, 2014 SIP 
submission, except EPA did not approve the portion of the July 15, 2014 
submittal addressing CAA section 110(a)(2)(D)(i)(II) related to the 
visibility prong, that is, ``prong 4.'' See 80 FR 26461 (May 8, 2015). 
EPA did not take action on prong 4 because the U.S. Court of Appeals 
for the Third Circuit had vacated and remanded EPA's limited approval 
of Pennsylvania's regional haze SIP (as it related to certain best 
available retrofit technology (BART) requirements). See Nat'l Parks 
Conservation Ass'n v. United States EPA, 803 F.3d 151 (3rd Cir. 2015). 
EPA had also previously done a limited disapproval of the Pennsylvania 
regional haze SIP for relying on the Clean Air Interstate Rule (CAIR) 
\2\ to satisfy the BART requirement for emissions of SO2 and 
NOX from Pennsylvania's BART-eligible electric generating 
units (EGUs). See 77 FR 33642 (June 7, 2012). In that same action, EPA 
imposed a federal implementation plan (FIP) that replaced 
Pennsylvania's reliance on CAIR with reliance on the Cross-State Air 
Pollution Rule (CSAPR) \3\ for certain BART requirements for EGUs. 
Thus, due to the Third Circuit's remand of the limited approval on the 
Pennsylvania regional haze SIP for certain BARTs and due to the partial 
regional haze FIP applicable to certain EGU BARTs, EPA was not able to 
approve at that time that portion of Pennsylvania's July 15, 2014 SIP 
submittal addressing whether the Pennsylvania SIP had adequate 
provisions to prevent interference with other states' efforts to 
protect visibility (prong 4, CAA section 110(a)(2)(D)(i)(I)). As 
indicated in EPA's final action on the July 15, 2014 SIP submittal, EPA 
stated the Agency would take later separate action on the portion of 
the July 15, 2014 submittal addressing prong 4. See 80 FR 26461.
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    \2\ CAIR required certain states, including Pennsylvania, to 
reduce emissions of SO2 and NOX that 
significantly contribute to downwind nonattainment of the 1997 NAAQS 
for ozone and fine particulate matter (PM2.5). 70 FR 
25162 (May 12, 2005).
    \3\ EPA promulgated CSAPR (76 FR 48208, August 8, 2011) as a 
replacement to CAIR in response to the United States Court of 
Appeals for the District of Columbia Circuit's decision in North 
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008).
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    Regarding commenter's concern about what was done between July 2014 
and the present to ensure that visibility was protected, EPA notes that 
the partial regional haze FIP has been in place since July 2012 
providing visibility protection as the partial FIP addresses 
NOX and SO2 BART from EGUs in Pennsylvania which 
are some of the largest emitters of visibility impairing pollutants in 
the Commonwealth. Pennsylvania is currently preparing a revised 
regional haze SIP submission to respond to the September 2015 decision 
from the Third Circuit.
    Furthermore, as EPA stated in the NPR, ``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.'' The NPR noted that EPA will take later, 
separate action on the July 15, 2014 submittal as it relates to 
visibility protection under CAA section 110(a)(2)(D)(i)(II). This 
rulemaking action relates only to CAA section 110(a)(2)(D)(i)(I), which 
Pennsylvania addressed in its October 11, 2017 SIP submission. The 
October 11, 2017 submittal was determined complete on October 26, 2017, 
therefore the statutory deadline for EPA's final action is October 26, 
2018. EPA's final rulemaking herein meets that statutory deadline.
    Comment: The commenter asks why, if Pennsylvania had not submitted 
a SIP revision addressing CAA section 110(a)(2)(D)(i)(I) for the 2012 
PM2.5 NAAQS, EPA did not issue a finding of failure to 
submit as required by statute and then remedy the deficiency with a 
FIP.
    Response: CAA section 110(a)(1) requires that states adopt and 
submit to EPA ``within 3 years (or such shorter period as the 
Administrator may provide) after the promulgation of'' a new or revised 
NAAQS a plan providing for the implementation, maintenance, and 
enforcement of the NAAQS. The revised 2012 PM2.5 NAAQS was 
published on January 15, 2013 and became final on March 18, 2013. See 
78 FR 3086. Thus, Pennsylvania was not required to submit a SIP to EPA 
until March 18, 2016. Therefore, a finding of failure to submit for CAA 
section

[[Page 50853]]

110(a)(2)(D)(i)(I) or any FIP would have been premature when EPA acted 
on the July 15, 2014 SIP submittal addressing section 110(a)(2) 
requirements for the 2012 PM2.5 NAAQS on May 8, 2015. In the 
May 8, 2015 rulemaking, EPA stated it would take action on the 
remaining elements of CAA section 110(a)(2)(D)(i)(II) for visibility 
protection at a later date. Our final action herein addresses the CAA 
section 110(a)(2)(D)(i)(I) requirements for Pennsylvania with our 
approval of Pennsylvania's October 11, 2017 submittal.
    Comment: The commenter requests that EPA explain and quantify how 
delayed action on PADEP's SIP revisions with regard to CAA sections 
110(a)(2)(D)(i)(I) and (II) for PM2.5 affected any changes 
in respiratory ailments in Pennsylvania residents.
    Response: First, EPA reiterates that the visibility protections 
under CAA section 110(a)(2)(D)(i)(II) are not at issue in this 
rulemaking as EPA has stated in the NPR and in our prior action on the 
July 15, 2014 SIP submittal that we will take later rulemaking action 
on Pennsylvania's obligations relating to visibility protection in CAA 
section 110(a)(2)(D)(i)(II). Second, EPA has not delayed action on 
PADEP's SIP revision addressing CAA section 110(a)(2)(D)(i)(I). 
Pennsylvania submitted the SIP revision on October 11, 2017 and EPA 
determined it complete on October 26, 2017; therefore, EPA's statutory 
deadline is October 26, 2018. Because EPA has not delayed action, the 
commenter's supposition that EPA's delay affected respiratory ailments 
in Pennsylvania residents is based on a faulty premise and thus is 
incorrect. In any event, consideration of respiratory ailments is not 
required by the statutory language in CAA section 110(a)(2)(D)(i)(I).
    Comment: The commenter asks why the regulatory community is 
devoting so much time devising analyses and justification for 
``elements that have no meaning in actual emission reductions or 
improvement in air quality.'' The commenter continues by asking EPA to 
explain what has been accomplished in terms of ensuring the well-being 
of human health and the environment through this requirement.
    Response: CAA section 110(a)(1) requires all states to submit a SIP 
addressing the elements of CAA section 110(a)(2), including section 
110(a)(2)(D)(i)(I), within three years of EPA promulgating a new or 
revised NAAQS. Therefore, the submission of a SIP addressing CAA 
section 110(a)(2)(D) is required by law and must be addressed by the 
states. In addition, the requirement for a new infrastructure SIP 
submission provides an opportunity for the air agency, the public, and 
EPA to review the basics of the air quality management program in light 
of each new or revised NAAQS. In the case of CAA section 
110(a)(2)(D)(i)(I), this review is focused on whether a state's SIP 
prevents interference with attainment or maintenance of the NAAQS in a 
nearby state. For CAA section 110(a)(2)(D)(i)(II), this review focuses 
on whether the state's SIP addresses requirements for prevention of 
significant deterioration and visibility protection. Thus, SIP measures 
addressing CAA section 110(a)(2) are evaluated for a new or revised 
NAAQS and therefore do protect human health or the environment.

IV. Final Action

    EPA is approving the October 11, 2017 SIP revision addressing the 
interstate transport requirements for the 2012 PM2.5 NAAQS 
to the Pennsylvania SIP because the submittal adequately addresses CAA 
section 110(a)(2)(D)(i)(I).

V. 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 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 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 December 10, 2018. 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

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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 addressing Pennsylvania's interstate transport requirements 
for the 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, Particulate matter.

    Dated: September 24, 2018.
Cosmo Servidio,
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 
a second entry for ``Section 110(a)(2) Infrastructure Requirements for 
the 2012 PM2.5 NAAQS'' after the first entry entitled the 
same 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) Infrastructure  Statewide.............        10/11/17  10/10/18, [insert   Docket No. 2018-
 Requirements for the 2012 PM2.5                                           Federal Register    0054. This action
 NAAQS.                                                                    citation].          addresses the
                                                                                               infrastructure
                                                                                               element of CAA
                                                                                               section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ).
 
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[FR Doc. 2018-21665 Filed 10-9-18; 8:45 am]
 BILLING CODE 6560-50-P