[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Proposed Rules]
[Pages 33886-33903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15091]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2019-0262; FRL-9996-73-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation Requests and Maintenance Plans for Delaware 
County and Lebanon County 2012 Fine Particulate Matter Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve state implementation plan (SIP) revisions submitted by the 
Commonwealth of Pennsylvania. On January 23, 2019 and February 11, 
2019, respectively, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted requests for EPA to redesignate to 
attainment of the 2012 annual fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS) the 
Delaware County and Lebanon County nonattainment areas (the Delaware 
and Lebanon Areas or the Areas). EPA is proposing to grant PADEP's 
requests and to determine that the Delaware and Lebanon Areas meet the 
2012 annual PM2.5 NAAQS, based on the most recent three 
years of certified air quality data. The effect of this proposed 
action, if finalized, would be to change the designation status of the 
Delaware and Lebanon Areas from nonattainment to attainment for the 
2012 annual PM2.5 NAAQS, thereby removing the requirement 
for a nonattainment new source review (NNSR) permitting program and 
stopping the sanctions clock associated with a finding of failure to 
submit NNSR updates for the 2012 annual PM2.5 NAAQS. EPA is 
also proposing to approve PADEP's plans to ensure that the Delaware and 
Lebanon Areas continue to meet the 2012 PM2.5 NAAQS through 
2030 (maintenance plans) as revisions to the Pennsylvania SIP. The 
maintenance plans for the Delaware and Lebanon Areas include 2014, 
2022, and 2030 motor vehicle emissions budgets (MVEBs) for mobile 
sources of PM2.5 and nitrogen oxides (NOX). 
Finally, EPA is proposing to find these 2014, 2022, and 2030 MVEBs for 
PM2.5 and NOX adequate and to approve these MVEBs 
into the Pennsylvania SIP for transportation conformity purposes. This 
action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before August 15, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0262 at https://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 33887]]


FOR FURTHER INFORMATION CONTACT: Maria A. Pino, 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-
2181. Ms. Pino can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What are the actions EPA is proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of Pennsylvania's redesignation request 
for the Delaware and Lebanon Areas?
    A. Have the Delaware and Lebanon Areas attained the 2012 annual 
PM2.5 NAAQS?
    B. Has Pennsylvania met all applicable requirements of section 
110 and part D of the CAA for the Delaware and Lebanon Areas and do 
the Delaware and Lebanon Areas have a fully approved SIP under 
section 110(k) of the CAA?
    C. Are the air quality improvements in the Delaware and Lebanon 
Areas due to permanent and enforceable emission reductions?
    D. Does Pennsylvania have fully approvable maintenance plans for 
the Delaware and Lebanon Areas?
V. Has Pennsylvania adopted approvable motor vehicle emission 
budgets?
    A. What are the Motor Vehicle Emissions Budgets (MVEB)?
    B. What is a safety margin?
    C. Why are the MVEBs approvable?
    D. What is the adequacy and approval process for the MVEBs in 
the Delaware and Lebanon areas maintenance plans?
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing?

    EPA is taking several actions related to the redesignation of the 
Delaware and Lebanon Areas to attainment of the 2012 annual 
PM2.5 NAAQS. EPA is proposing that the Delaware and Lebanon 
moderate nonattainment areas are attaining the 2012 annual 
PM2.5 NAAQS. EPA is also proposing to approve Pennsylvania's 
2012 annual PM2.5 maintenance plans for the Delaware and 
Lebanon Areas as revisions to the Pennsylvania SIP. These maintenance 
plans include MVEBs for PM2.5 and NOX for the 
years 2014, 2022, and 2030. Further, EPA is also proposing to find that 
Pennsylvania meets the requirements for redesignation of the Delaware 
and Lebanon Areas to attainment of the 2012 annual PM2.5 
NAAQS under section 107(d)(3)(E) of the CAA. EPA is thus proposing to 
grant Pennsylvania's request to change the designation of the Delaware 
and Lebanon Areas from nonattainment to attainment of the 2012 annual 
PM2.5 NAAQS. Finally, EPA is proposing to find the 2014, 
2022, and 2030 MVEBs for PM2.5 and NOX adequate 
and is proposing to approve these MVEBs into the Pennsylvania SIP for 
transportation conformity purposes. The adequacy comment period for 
these MVEBs will begin upon publication of this Notice of Proposed 
Rulemaking (NPRM) with EPA's posting of the availability of 
Pennsylvania's maintenance plan submittal for the Delaware and Lebanon 
Areas on EPA's Adequacy website which can be found at https://www.epa.gov/state-and-local-transportation. Please see section V of 
today's rulemaking for further explanation of the MVEBs and the 
adequacy process.

II. What is the background for these actions?

    Particulate matter (PM) is the term for a mixture of solid 
particles and liquid droplets found in the air. Some particles, such as 
dust, dirt, soot, or smoke, are large or dark enough to be seen with 
the naked eye. Others are so small they can only be detected using an 
electron microscope. PM2.5 is made of fine inhalable 
particles with diameters that are 2.5 micrometers and smaller. 
PM2.5 can be emitted directly from a source, such as 
construction sites, unpaved roads, fields, smokestacks or fires. 
However, most PM2.5 is formed in the atmosphere as a result 
of complex reactions. The chemicals that form this ``secondary'' 
PM2.5, known as ``precursors'' are sulfur dioxide 
(SO2), NOX, volatile organic compounds (VOCs), 
and ammonia (NH3). PM2.5 precursors are 
pollutants emitted by a wide range of sources, such as power plants, 
industrial processes, and automobiles.
    On December 14, 2012, EPA promulgated a revised primary annual 
PM2.5 NAAQS to provide increased protection of public health 
from fine particle pollution. 78 FR 3086 (January 15, 2013). In that 
action, EPA strengthened the primary annual PM2.5 standard 
from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\. 
An area is considered to be attainment for that NAAQS when the 3-year 
average of the annual arithmetic mean of the ambient air quality 
monitoring data collected at each monitor in the area does not exceed 
12.0 [mu]g/m\3\. On December 18, 2014, the EPA Administrator signed a 
final action promulgating initial designations for the 2012 primary 
PM2.5 NAAQS based on 2011-2013 air quality monitoring data 
for the majority of the United States. 80 FR 2206 (January 15, 2015). 
In that action, the Delaware Area, which consists of Delaware County, 
Pennsylvania, and the Lebanon Area, which consists of Lebanon County, 
Pennsylvania, were designated as moderate nonattainment areas for the 
2012 annual PM2.5 NAAQS. See 40 CFR 81.339.
    On April 6, 2018, EPA published a ``finding of failure to submit'' 
required SIP elements for the 2012 annual PM2.5 NAAQS for 
several nonattainment areas nationwide, including the Delaware and 
Lebanon Areas. See 83 FR 14759. EPA's finding of failure to submit, 
effective May 7, 2018, included a determination that Pennsylvania had 
not met its obligations for the NNSR permit program because 
Pennsylvania did not regulate emissions of VOCs and NH3 as 
PM2.5 precursors. Sanctions associated with this finding for 
the Delaware and Lebanon Areas will take effect on November 7, 2019, 
unless EPA fully approves the Pennsylvania's redesignation requests by 
November 7, 2019. As NNSR is not required in attainment areas, upon 
final redesignation of the Delaware and Lebanon Areas to attainment, 
the NNSR updates will no longer be required for the Areas, thus 
nullifying the findings of failure to submit and stopping the sanctions 
clock.

III. What are the criteria for redesignation to attainment?

    Section 107(d)(3)(E) of the CAA allows redesignation of an area to 
attainment of the NAAQS provided that: (1) The Administrator (EPA) 
determines that the area has attained the applicable NAAQS; (2) the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k) of the CAA; (3) the Administrator 
determines that the improvement in air quality is due to permanent and 
enforceable reductions in emissions resulting from implementation of 
the applicable SIP, applicable Federal air pollutant control 
regulations, and other permanent and enforceable emission reductions; 
(4) the Administrator has fully approved a maintenance plan for the 
area as meeting the requirements of section 175A of the CAA; and (5) 
the state containing the area has met all requirements applicable to 
the area for purposes of redesignation under section 110 and part D of 
title I of the CAA.
    On April 16, 1992, EPA provided guidance on redesignations in the 
General Preamble for the Implementation of Title I of the CAA 
Amendments of 1990 (57 FR 13498) and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has

[[Page 33888]]

provided further guidance on processing redesignation requests in the 
following documents:

    1. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (Calcagni memorandum);
    2. ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 
1992;
    3. ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary 
D. Nichols, Assistant Administrator for Air and Radiation, October 
14, 1994 (Nichols memorandum); and
    4. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) 
on or after November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation memorandum, 
September 17, 1993 (Shapiro memorandum).

These memoranda are available in the docket for this rulemaking action, 
available online at https://www.regulations.gov, Docket ID: EPA-R03-
OAR-2019-0262.

IV. What is EPA's analysis of Pennsylvania's redesignation request for 
the Delaware and Lebanon Areas?

    EPA is proposing to redesignate the Delaware and Lebanon Areas to 
attainment for the 2012 annual PM2.5 NAAQS and to approve 
Pennsylvania's related maintenance plans. The basis for EPA's actions 
is as follows:

A. Have the Delaware and Lebanon Areas attained the 2012 annual 
PM[bdi2].[bdi5] NAAQS?

    To redesignate an area from nonattainment to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). For PM2.5, an area is 
attaining the 2012 annual PM2.5 NAAQS if it meets the 
standard, as determined in accordance with 40 CFR 50.13 and appendix N 
of 40 CFR part 50, based on three complete, consecutive calendar years 
of quality-assured air quality monitoring data. To attain the 2012 
annual PM2.5 NAAQS, the 3-year average of the annual 
arithmetic mean concentration, as determined in accordance with 40 CFR 
part 50, appendix N, must be less than or equal to 12.0 [mu]g/m\3\ at 
all relevant monitoring sites in the subject area over a 3-year period. 
The relevant data must be collected and quality-assured in accordance 
with 40 CFR part 58 and recorded in the EPA Air Quality System (AQS) 
database.
    On December 13, 2016, EPA determined that the Delaware Area first 
attained the 2012 annual PM2.5 NAAQS based on 2013-2015 
ambient air quality monitoring data. See 81 FR 89868 and 82 FR 8499. On 
March 6, 2018, EPA determined that the Lebanon Area first attained the 
2012 annual PM2.5 NAAQS based on 2014-2016 ambient air 
quality monitoring data. See 83 FR 9435. These determinations of 
attainment, or ``clean data determinations'' suspended certain planning 
requirements for the Areas, including the requirement to submit an 
attainment demonstration and associated reasonably available control 
measures (RACM), including reasonable available control technology 
(RACT), a reasonable further progress (RFP) plan, and contingency 
measures for failure to attain or meet RFP. These requirements are 
suspended for as long as the Areas continue to meet the 2012 annual 
PM2.5 NAAQS. When the Areas are redesignated to attainment, 
the requirements are permanently discharged.
    There are two ambient air quality monitors in the Delaware Area and 
one in the Lebanon Area. EPA reviewed the certified, quality assured/
quality controlled PM2.5 monitoring data for 2015-2017 from 
the monitors in the Delaware and Lebanon Areas and determined that the 
design values are less than or equal to 12.0 [mu]g/m\3\, and therefore 
the areas continue to meet the 2012 annual PM2.5 NAAQS. In 
addition, EPA evaluated preliminary 2016-2018 monitoring data for all 
three monitors, which also shows continued attainment of the 2012 
annual PM2.5 NAAQS. Therefore, EPA is proposing to determine 
that the Delaware and Lebanon Areas are attaining the 2012 annual 
PM2.5 NAAQS. This proposed determination is based on the 
most recent three years of complete, certified and quality-assured 
data, which is for the 2015-2017 monitoring period. The monitoring data 
is summarized in Tables 1 and 2 and is also available in the docket for 
this rulemaking action available online at https://www.regulations.gov, 
Docket ID: EPA-R03-OAR-2019-0262.

                                    Table 1--2013 to 2018 Annual Means at Delaware County and Lebanon County Monitors
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                                                                                            Annual means in [mu]g/m\3\
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               Area/county                  Monitor ID                                                                                      Preliminary
                                                               2013            2014            2015            2016            2017            2018
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Delaware................................     42-045-0002            11.5            12.6            10.7            11.0             9.1            12.1
Delaware................................     42-045-0109             (*)             (*)            10.6             9.3             8.3            10.8
Lebanon.................................     42-075-0100            11.2            12.7            11.2             9.7             9.3             8.8
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* Monitor 42-045-0109 started operation on 1/1/2015. Therefore, it did not record data in 2013 and 2014.


            Table 2--2015 to 2018 Annual Design Values at Delaware County and Lebanon County Monitors
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                                                                Annual design values in [mu]g/m\3\
                                                 ---------------------------------------------------------------
           Area/county              Monitor ID                                                      Preliminary
                                                     2013-2015       2014-2016       2015-2017       2016-2018
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Delaware........................     42-045-0002            11.6            11.5            10.3            10.7
Delaware........................     42-045-0109             (*)             (*)             9.4             9.4
Lebanon.........................     42-075-0100         ** 11.7            11.2            10.1             9.3
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* Monitor 42-045-0109 started operation on 1/1/2015. Therefore, the 2013-2015 and 2014-2016 design values at
  this monitor are not valid because they do not meet EPA's completeness criteria in appendix N to 40 CFR part
  50.
** The 2013-2015 design value at monitor 42-075-0100 is not valid because the 2015 data at that monitor does not
  meet EPA's completeness criteria in appendix N to 40 CFR part 50.


[[Page 33889]]

    EPA has reviewed the ambient air quality monitoring data in the 
Delaware and Lebanon Areas, consistent with the requirements contained 
at 40 CFR part 50. EPA's review focused on data recorded in the EPA AQS 
database, for the Delaware and Lebanon Areas for PM2.5 
nonattainment area from 2015 to 2017. EPA also considered preliminary 
data for 2018, which have not been certified, but which are consistent 
with the area's continued attainment.
    All monitors in the Delaware and Lebanon Areas recorded complete 
data in accordance with criteria set forth by EPA in 40 CFR part 50, 
appendix N, where a complete year of air quality data comprises four 
calendar quarters, with each quarter containing data from at least 75 
percent (%) capture of the scheduled sampling days. Available data are 
sufficient for comparison to the NAAQS.

B. Has Pennsylvania met all applicable requirements of section 110 and 
part D of the CAA for the Delaware and Lebanon Areas and do the 
Delaware and Lebanon Areas have a fully approved SIP under section 
110(k) of the CAA?

    In accordance with section 107(d)(3)(E)(v) of the CAA, Pennsylvania 
must meet all the requirements applicable to the Areas under section 
110 of the CAA (general SIP requirements) and part D of Title I of the 
CAA (SIP requirements for nonattainment areas). Under section 
107(d)(3)(E)(ii) of the CAA, Pennsylvania's SIP revisions for the 2012 
annual PM2.5 NAAQS for the Delaware and Lebanon Areas must 
be fully approved under section 110(k) of the CAA. Section 110(k) of 
the CAA sets out the requirements for EPA's actions on SIP revision 
submittals.
    The September 4, 1992 Calcagni memorandum describes EPA's 
interpretation of section 107(d)(3)(E) with respect to the timing of 
applicable requirements. Under this interpretation, to qualify for 
redesignation, states requesting redesignation to attainment must meet 
only the relevant CAA requirements that come due prior to the submittal 
of a complete redesignation request. See also Shapiro memorandum, 
September 17, 1993, and 60 FR 12459, 12465-12466, (March 7, 1995) 
(redesignation of Detroit-Ann Arbor). Applicable requirements of the 
CAA that come due subsequent to the area's submittal of a complete 
redesignation request remain applicable until a redesignation is 
approved but are not required as a prerequisite to redesignation. See 
CAA section 175A(c). Sierra Club v. EPA, 375 F .3d 537 (7th Cir. 2004). 
See also 68 FR 25418, 25424 and 25427 (May 12, 2003) (redesignation of 
the St. Louis/East St. Louis area to attainment of the 1-hour ozone 
NAAQS).
    In the case of the Delaware and Lebanon Areas, the base year 
emissions inventory was due prior to Pennsylvania's submittal of the 
complete redesignation requests for the Areas. Therefore, the base year 
inventories are applicable requirements. The attainment plans, 
including RACM/RACT, and contingency measures for failure to attain or 
meet RFP, were also due prior to Pennsylvania's submittal of complete 
redesignation requests for the Areas. However, as described in detail 
later in this rulemaking, clean data determinations for the Areas 
suspended these requirements for as long as the Areas continues to meet 
the 2012 annual PM2.5 NAAQS. When the Areas are redesignated 
to attainment, these requirements are permanently discharged.
Pennsylvania Has Met the Section 110 General Sip Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general 
requirements for a SIP, which include enforceable emissions limitations 
and other control measures, means, or techniques, provisions for the 
establishment and operation of appropriate devices necessary to collect 
data on ambient air quality, and programs to enforce the limitations. 
The general SIP elements and requirements set forth in section 
110(a)(2) of the CAA include, but are not limited to the following: (1) 
Submittal of a SIP that has been adopted by the state after reasonable 
public notice and hearing; (2) provisions for establishment and 
operation of appropriate procedures needed to monitor ambient air 
quality; (3) implementation of a minor source permit program; (4) 
provisions for the implementation of part C requirements (referred to 
as ``prevention of significant deterioration'' or ``PSD''); (5) 
provisions for the implementation of part D requirements for 
nonattainment new source review (referred to as ``part D NNSR,'' 
``NNSR,'' ``nonattainment NSR,'' or ``NSR'') permit programs; (6) 
provisions for air pollution modeling; and (7) provisions for public 
and local agency participation in planning and emission control rule 
development.
    EPA believes that the section 110(a)(2) elements of the CAA not 
connected with nonattainment plan submissions and not linked with an 
area's attainment status are not applicable requirements for purposes 
of redesignation. The Areas will still be subject to these requirements 
after it is redesignated. EPA concludes that section 110(a)(2) of the 
CAA and part D requirements which are linked with a particular area's 
designation and classification are the relevant measures to evaluate in 
reviewing a redesignation request, and that section 110(a)(2) elements 
of the CAA not linked in the area's nonattainment status are not 
applicable for purposes of redesignation. This approach is consistent 
with EPA's existing policy on applicability of conformity (i.e., for 
redesignations) and oxygenated fuels requirement. See Reading, 
Pennsylvania, proposed and final rulemakings 61 FR 53174 (October 10, 
1996); 62 FR 24826 (May 7, 1997); Cleveland-Akron-Lorain, Ohio final 
rulemaking 61 FR 20458 (May 7, 1996); and Tampa, Florida final 
rulemaking 60 FR 62748 (December 7, 1995). See also the discussion on 
this issue in the Cincinnati, Ohio redesignation 65 FR 37879, 37890 
(June 19, 2000) and in the Pittsburgh, Pennsylvania redesignation 66 FR 
53099 (October 19, 2001).
    EPA has previously approved provisions of Pennsylvania's SIP 
addressing section 110(a)(2) requirements under section 110(k) of the 
CAA, including provisions addressing PM2.5. See 80 FR 26461 
(May 8, 2015). These requirements are, however, statewide requirements 
that are not linked to the PM2.5 nonattainment status of the 
Areas. Therefore, EPA believes that these SIP elements are not 
applicable requirements for purposes of review of Pennsylvania's 
PM2.5 redesignation request.
    Since PSD requirements will apply after redesignation, areas being 
redesignated must have an approved PSD program. Once the Delaware and 
Lebanon Areas are redesignated to attainment, Pennsylvania's PSD 
program, and not NNSR, will become effective in the Areas. 
Pennsylvania's PSD program, at 25 Pa. Code 127.81-127.83, is approved 
into the Pennsylvania SIP under CCA section 110(k). See 49 FR 33127 
(August 21, 1984).
    Areas seeking redesignation need not comply with the requirement 
that a NNSR program be approved prior to redesignation, provided that 
the area demonstrates maintenance of the NAAQS without NNSR. A more 
detailed rationale for this is described in the Nichols memorandum. 
Nevertheless, Pennsylvania's NNSR program, codified in the 
Commonwealth's regulations at 25 Pa. Code 127.201 et seq., is approved 
into the Pennsylvania SIP. See 77 FR 41276 (July 13, 2012).
    Section 110(a)(2)(D) of the CAA requires that SIPs contain certain

[[Page 33890]]

measures to prevent sources in a state from significantly contributing 
to air quality problems in another state. To implement this provision, 
EPA has required certain states to establish programs to address the 
interstate transport of air pollutants in accordance with the 
NOX SIP Call,\1\ amendments to the NOX SIP Call, 
May 14, 1999 (64 FR 26298), and March 2, 2000 (65 FR 11222), and the 
Cross-State Air Pollution Rule (CSAPR) \2\ Update, 81 FR 74504 (October 
26, 2016). However, a state's requirements under section 110(a)(2)(D) 
of the CAA are not linked to a particular nonattainment area's 
designation and classification in that state. The interstate transport 
SIP submittal requirements, where applicable, continue to apply to a 
state regardless of the designation of any one particular area in the 
state. Thus, EPA does not believe that these requirements are 
applicable requirements for purposes of redesignation. See 65 FR 37890 
(June 19, 2000), 66 FR 53094, 53099 (October 19, 2001), and 68 FR 
25418, 25426-25427 (May 13, 2003).
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    \1\ On October 27, 1998 (63 FR 57356), EPA finalized the 
``Finding of Significant Contribution and Rulemaking for Certain 
States in the Ozone Transport Assessment Group Region for Purposes 
of Reducing Regional Transport of Ozone''--commonly called the 
NOX SIP Call. The NOX SIP call requires the 
District of Columbia and 22 states to reduce emissions of 
NOX in order to reduce the transport of ozone and ozone 
precursors. EPA developed the NOX Budget Trading Program, 
an allowance trading program that states could adopt to meet their 
obligations under the NOX SIP Call. The NOX 
Budget Trading Program allowed electric generating units (EGUs) 
greater than 25 megawatts and industrial non-electric generating 
units, such as boilers and turbines, with a rated heat input greater 
than 250 million British thermal units per hour (MMBtu/hr), referred 
to as ``large non-EGUs,'' to participate in a regional 
NOX cap and trade program. The NOX SIP call 
also established reduction requirements for other non-EGUs, 
including cement kilns and stationary internal combustion (IC) 
engines. NOX is a PM2.5 precursor.
    \2\ On July 6, 2011, EPA finalized CSAPR, limiting the 
interstate transport of emissions of nitrogen oxides NOX 
and SO2 that contribute to harmful levels of 
PM2.5 and ozone in downwind states. 76 FR 48208. CSAPR 
requires 28 states in the eastern United States to reduce 
SO2, annual NOX and ozone season 
NOX emissions from fossil fuel-fired power plants that 
affect the ability of downwind states to attain and maintain 
compliance with the 1997 and 2006 PM2.5 NAAQS and the 
1997 ozone NAAQS. The CSAPR achieves these reductions through 
emissions trading programs. For more information on CSAPR, please 
see the ``Permanent and Enforceable Controls Implemented'' 
discussion of in section of IV.C. of this rulemaking.
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    EPA has reviewed the Pennsylvania SIP and has concluded that it 
meets the general SIP requirements under section 110(a)(2) of the CAA 
to the extent they are applicable for purposes of redesignation, namely 
a SIP-approved PSD program.
Pennsylvania Has Met the Requirements of Subpart 1 of Part D
    Subpart 1 of part D of the CAA sets forth the basic nonattainment 
plan requirements applicable to PM2.5 nonattainment areas. 
Under section 172 of the CAA, states with nonattainment areas must 
submit plans providing for timely attainment and meet a variety of 
other requirements.
    EPA's longstanding interpretation of the nonattainment planning 
requirements of section 172 is that once an area is attaining the 
NAAQS, those requirements are not ``applicable'' for purposes of 
section 107(d)(3)(E)(ii) and therefore need not be approved into the 
SIP before EPA can redesignate the area. In the 1992 General Preamble 
for Implementation of Title I, EPA set forth its interpretation of 
applicable requirements for purposes of evaluating redesignation 
requests when an area is attaining a standard. See 57 FR 13498, 13564 
(April 16, 1992). EPA noted that the requirements for RFP and other 
measures designed to provide for attainment do not apply in evaluating 
redesignation requests because those nonattainment planning 
requirements ``have no meaning'' for an area that has already attained 
the standard. Id. This interpretation was also set forth in the 
Calcagni memorandum. EPA's understanding of section 172 also forms the 
basis of its Clean Data Policy, which was articulated with regard to 
PM2.5 in 40 CFR 51.1015 and suspends a state's obligation to 
submit most of the attainment planning requirements that would 
otherwise apply, including an attainment demonstration and planning 
SIPs to provide for RFP, RACM, and contingency measures under section 
172(c)(9).\3\ Courts have upheld EPA's interpretation of section 
172(c)(1)'s ``reasonably available'' control measures and control 
technology as meaning only those controls that advance attainment, 
which precludes the need to require additional measures where an area 
is already attaining. NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir. 
2009); Sierra Club v. EPA, 294 F.3d 155, 162 (D.C. Cir. 2002); Sierra 
Club v. EPA, 314 F.3d 735, 744 (5th Cir. 2002).
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    \3\ This regulation was promulgated as part of the 1997 
PM2.5 NAAQS implementation rule that was subsequently 
challenged and remanded in NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 
2013), as discussed in Section IV.B of this notice. However, the 
Clean Data Policy portion of the implementation rule was not at 
issue in that case.
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    As stated previously, EPA determined that the Delaware and Lebanon 
Areas have attained the 2012 PM2.5 NAAQS in ``clean data 
determinations.'' See 81 FR 89868 (December 13, 2016), 82 FR 8499 
(January 26, 2017), and 83 FR 9435 (March 6, 2018). Furthermore, as 
shown in section IV.A of this rulemaking notice, the Areas continue to 
attain the 2012 annual PM2.5 NAAQS. Therefore, because 
attainment has been reached in the Delaware and Lebanon Areas, no 
additional measures are needed to provide for attainment, and section 
172(c)(1) requirements for an attainment demonstration and RACM are no 
longer considered to be applicable for purposes of redesignation as 
long as the Areas continues to attain the standard until redesignation.
    Section 172(c)(2)'s requirement that nonattainment plans contain 
provisions promoting reasonable further progress toward attainment is 
also not relevant for purposes of redesignation because EPA has 
determined that the Delaware and Lebanon Areas have monitored 
attainment of the 2012 annual PM2.5 NAAQS. In addition, 
because the Delaware and Lebanon Areas have attained the 2012 annual 
PM2.5 NAAQS and are no longer subject to RFP requirements, 
the requirement to submit the section 172(c)(9) contingency measures is 
not applicable for purposes of redesignation. Section 172(c)(6) 
requires the SIP to contain control measures necessary to provide for 
attainment of the NAAQS. Because attainment has been reached, no 
additional measures are needed to provide for attainment.
    Section 172(c)(3) of the CAA requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. The 
requirement under section 172(c)(3) was not suspended by EPA's clean 
data determination for the 2012 annual PM2.5 NAAQS and is 
the only remaining requirement under section 172 of the CAA to be 
considered for purposes of redesignation of the Delaware and Lebanon 
Areas. Pennsylvania submitted 2011 base year emissions inventories for 
the Delaware and Lebanon Areas for the 2012 annual PM2.5 
NAAQS to EPA as SIP revisions on May 5, 2017 and September 25, 2017, 
respectively. The inventories cover the general source categories of 
point sources, nonroad mobile sources, area sources and on-road mobile 
sources and include emissions of PM2.5 and its precursors, 
NOX, SO2, VOC, and NH3. The 
inventories also included emissions of coarse particulate matter 
(PM10). EPA approved them as revisions to the Pennsylvania 
SIP, under section 110(k) of the CAA, on July 3, 2018 (83 FR 31064).
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified sources in an area, and 
section

[[Page 33891]]

172(c)(5) requires source permits for the construction and operation of 
new and modified major stationary sources anywhere in the nonattainment 
area. As stated previously in this rulemaking action, EPA has 
determined that, since PSD requirements will apply after redesignation, 
areas being redesignated need not comply with the requirement that a 
NNSR program be approved prior to redesignation, provided that the area 
demonstrates maintenance of the NAAQS without NNSR. A more detailed 
rationale for this view is described in the Nichols memorandum. 
Nevertheless, Pennsylvania's SIP-approved NNSR program is codified in 
the Commonwealth's regulations at 25 Pa. Code 127.201 et seq. See 77 FR 
41276 (July 13, 2012) (approving NNSR program into the SIP). 
Pennsylvania's PSD program, at 25 Pa. Code 127.81-127.83, is also 
approved into the Pennsylvania SIP. See 49 FR 33127 (August 21, 1984). 
Once the Delaware and Lebanon Areas are redesignated to attainment, 
Pennsylvania's PSD program, and not NNSR, will become effective in the 
Areas.
    Section 172(c)(7) of the CAA requires the SIP to meet the 
applicable provisions of section 110(a)(2) of the CAA. As noted 
previously, Pennsylvania SIP revisions meet the requirements of section 
110(a)(2) of the CAA that are applicable for purposes of redesignation.
    Section 175A of the CAA requires a state seeking redesignation to 
attainment to submit a SIP revision to provide for the maintenance of 
the NAAQS in the area ``for at least 10 years after the 
redesignation.'' In conjunction with its requests to redesignate the 
Areas to attainment, Pennsylvania submitted SIP revisions to provide 
for maintenance of the 2012 annual PM2.5 NAAQS in the 
Delaware and Lebanon Area for at least 10 years after redesignation, 
through 2030. Pennsylvania is requesting that EPA approve these SIP 
revisions as meeting the requirement of section 175A of the CAA. Once 
approved, the maintenance plan for the Areas will ensure that the SIP 
for Pennsylvania meets the requirements of the CAA regarding 
maintenance of the 2012 annual PM2.5 NAAQS for the Areas. 
EPA's analysis of the maintenance plan is provided in Section IV.D of 
this proposed rulemaking action.
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that Federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects developed, funded or approved under Title 23 of 
the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other Federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement and enforceability, 
which EPA promulgated pursuant to its authority under the CAA. EPA 
interprets the conformity SIP requirements \4\ as not applicable for 
purposes of evaluating a redesignation request under section 107(d) 
because state conformity rules are still required after redesignation 
and Federal conformity rules apply where state conformity rules have 
not been approved. See Wall v. EPA, 265 F .3d 426 (6th Cir. 2001) 
(upholding this interpretation); see also 60 FR 62748 (December 7, 
1995) (redesignation of Tampa, Florida). Regardless, EPA approved 
Pennsylvania's transportation conformity SIP requirements on April 29, 
2009 (74 FR 19541).
---------------------------------------------------------------------------

    \4\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from SIPs requiring the development of MVEBs, 
such as control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------

    EPA concludes that Pennsylvania has met the requirements of subpart 
1 of part D relevant for redesignation. Specifically, pursuant to 
section 110(k) of the CAA, EPA has approved Pennsylvania's base year 
inventories for the Areas into the Pennsylvania SIP.
Pennsylvania Has Met the Requirements of Subpart 4 of Part D
    A January 4, 2013, U.S. Court of Appeals for the District of 
Columbia Circuit decision \5\ stated that EPA must implement 
PM2.5 NAAQS pursuant to subpart 4 of part D of the CAA, 
which contains provisions specifically concerning PM10 
nonattainment areas. Section 189 in subpart 4 sets out the requirements 
for PM10 and PM2.5 nonattainment areas. Section 
189(a) contains the SIP revision requirements for moderate 
PM10 and PM2.5 nonattainment areas, including the 
requirements for the state to submit an attainment demonstration, RACM 
(including (RACT) for stationary sources). Section 189(c) contains 
requirements for RFP, quantitative milestones and quantitative 
milestone reports.
---------------------------------------------------------------------------

    \5\ Natural Resources Defense Council v. EPA, 706 F. 3d 428 
(D.C. Cir. 2013).
---------------------------------------------------------------------------

    As with the requirements of section 172(c), explained previously in 
this proposed rulemaking notice, the requirements of sections 189(a) 
and 189(c) are no longer considered to be applicable for purposes of 
redesignation as long as the Areas continue to attain the standard. 
Because attainment has been reached, no additional measures are needed 
to provide for attainment. EPA's clean data determinations for the 
Delaware and Lebanon Areas suspended the requirements for the state to 
submit an attainment demonstration, RACM and RACT, RFP, quantitative 
milestones, and quantitative milestone reports until such time as the 
Areas are redesignated to attainment, after which such requirements are 
permanently discharged. See 81 FR 89868 (December 13, 2016), 82 FR 8499 
(January 26, 2017, and 83 FR 9435 (March 6, 2018).
    EPA concludes that Pennsylvania has met the requirements of subpart 
4 of part D relevant for redesignation. Specifically, pursuant to 
section 110(k) of the CAA, EPA has approved Pennsylvania's base year 
inventories for the Areas into the Pennsylvania SIP.
Pennsylvania Has a Fully Approved Applicable SIP Under Section 110(k) 
of the CAA
    At various times, Pennsylvania adopted and submitted, and EPA has 
approved, provisions addressing the various SIP elements applicable for 
the PM2.5 NAAQS. EPA may rely on prior SIP approvals in 
approving a redesignation request (see the Calcagni memorandum at page 
3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)), 
plus any additional measures it may approve in conjunction with a 
redesignation action (see 68 FR 25418, 25426 (May 12, 2003) and 
citations therein).
    As discussed previously, EPA has fully approved Pennsylvania's SIP 
for the Delaware and Lebanon Areas under section 110(k) for all 
requirements applicable under section 110 general SIP requirements, and 
subparts 1 and 4 of part D for purposes of redesignation under the 2012 
annual PM2.5 NAAQS. EPA has previously approved 
Pennsylvania's 2011 emissions inventories for the Delaware and Lebanon 
Areas as meeting the requirement of section 172(c)(3) of the CAA. See 
83 FR 31064 (July 3, 2018). EPA also previously approved Pennsylvania's 
PSD program required under section 110 of the CAA. See 49 FR 33127 
(August 21, 1984). No Delaware and Lebanon Areas SIP provisions are 
currently disapproved,

[[Page 33892]]

conditionally approved, or partially approved. Therefore, the 
Administrator has fully approved the applicable requirements for the 
Delaware and Lebanon Areas under section 110(k) in accordance with 
section 107(d)(3)(E)(ii).

C. Are the air quality improvements in the Delaware and Lebanon Areas 
due to permanent and enforceable emission reductions?

    For redesignating a nonattainment area to attainment, section 
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air 
quality improvement in the area is due to permanent and enforceable 
reductions in emissions resulting from implementation of the SIP and 
applicable Federal air pollution control regulations and other 
permanent and enforceable reductions.
    In making this demonstration for the Delaware and Lebanon Areas, 
Pennsylvania has calculated the change in emissions of PM2.5 
and its precursors between 2011, which is a year used to designate the 
Areas as nonattainment (i.e., the base year), and 2014, which is one of 
the years the Areas monitored attainment (i.e., the attainment year), 
as shown in Tables 3 and 4. The reduction in emissions in tons per year 
(tpy), and the corresponding improvement in air quality from 2011 to 
2014 in the Areas can be attributed to a number of regulatory control 
measures that have been implemented in the Areas and contributing areas 
in recent years.

                          Table 3--2011 to 2014 Emission Reductions in Delaware County
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                                       2014
                             Sector                               2011 Base year    Attainment      Difference
                                                                                       year          2011-2014
----------------------------------------------------------------------------------------------------------------
                                                       PM
----------------------------------------------------------------------------------------------------------------
Point...........................................................           1,497             624             873
Area............................................................             999             999               0
Onroad..........................................................             179             136              43
Nonroad.........................................................             122              97              25
                                                                 -----------------------------------------------
    Total.......................................................           2,797           1,856             941
----------------------------------------------------------------------------------------------------------------
                                                       SO
----------------------------------------------------------------------------------------------------------------
Point...........................................................           4,976           1,924           3,052
Area............................................................           2,055             708           1,347
Onroad..........................................................              31              31               0
Nonroad.........................................................               3               2               1
                                                                 -----------------------------------------------
    Total.......................................................           7,065           2,665           4,400
----------------------------------------------------------------------------------------------------------------
                                                       NO
----------------------------------------------------------------------------------------------------------------
Point...........................................................           7,642           5,181           2,461
Area............................................................           2,876           2,385             491
Onroad..........................................................           5,643           4,652             991
Nonroad.........................................................           1,124             783             341
                                                                 -----------------------------------------------
    Total.......................................................          17,285          13,001           4,284
----------------------------------------------------------------------------------------------------------------
                                                       VOC
----------------------------------------------------------------------------------------------------------------
Point...........................................................           1,393           1,410             -17
Area............................................................           6,779           7,396            -617
Onroad..........................................................           3,000           2,534             466
Nonroad.........................................................           1,788           1,145             643
                                                                 -----------------------------------------------
    Total.......................................................          12,960          12,485             475
----------------------------------------------------------------------------------------------------------------
                                                       NH
----------------------------------------------------------------------------------------------------------------
Point...........................................................             218             201              17
Area............................................................             206             179              27
Onroad..........................................................             130             118              12
Nonroad.........................................................               2               2               0
                                                                 -----------------------------------------------
    Total.......................................................             556             500              56
----------------------------------------------------------------------------------------------------------------


[[Page 33893]]


                           Table 4--2011 to 2014 Emission Reductions in Lebanon County
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                                       2014
                             Sector                               2011 Base year    Attainment      Difference
                                                                                       year          2011-2014
----------------------------------------------------------------------------------------------------------------
                                                       PM
----------------------------------------------------------------------------------------------------------------
Point...........................................................              81             120             -39
Area............................................................           1,287           1,088             199
Onroad..........................................................              92              87               5
Nonroad.........................................................              62              47              15
                                                                 -----------------------------------------------
    Total.......................................................           1,522           1,342             180
----------------------------------------------------------------------------------------------------------------
                                                       SO
----------------------------------------------------------------------------------------------------------------
Point...........................................................             278             229              49
Area............................................................             374             368               6
Onroad..........................................................              11              11               0
Nonroad.........................................................               2               1               1
                                                                 -----------------------------------------------
    Total.......................................................             665             609              56
----------------------------------------------------------------------------------------------------------------
                                                       NO
----------------------------------------------------------------------------------------------------------------
Point...........................................................             690             549             141
Area............................................................             869           1,258            -389
Onroad..........................................................           2,937           3,131            -194
Nonroad.........................................................             616             505             111
                                                                 -----------------------------------------------
    Total.......................................................           5,112           5,443            -331
----------------------------------------------------------------------------------------------------------------
                                                       VOC
----------------------------------------------------------------------------------------------------------------
Point...........................................................             182             220             -38
Area............................................................           5,924           6,657            -733
Onroad..........................................................           1,332           1,183             149
Nonroad.........................................................             668             316             352
                                                                 -----------------------------------------------
    Total.......................................................           8,106           8,376            -270
----------------------------------------------------------------------------------------------------------------
                                                       NH
----------------------------------------------------------------------------------------------------------------
Point...........................................................              17              22              -5
Area............................................................           3,843           2,251           1,592
Onroad..........................................................              49              44               5
Nonroad.........................................................               1               1               0
                                                                 -----------------------------------------------
    Total.......................................................           3,910           2,318           1,592
----------------------------------------------------------------------------------------------------------------

    In Delaware County, emissions of PM2.5 and all 
precursors decreased from 2011 to 2014. In Lebanon County, while 
emissions of PM2.5, SO2, and NH3 
decreased, emissions of NOX and VOC increased from the 2011 
base year to the 2014 attainment years. However, in Lebanon County, 
despite the modest increases in NOX and VOC emissions, total 
emissions of PM2.5 and its precursors have decreased by over 
1200 tpy. Emissions in Delaware County have decreased by over 10,000 
tpy in the same time period. The reduction in emissions and the 
corresponding improvement in air quality over this period can be 
attributed to a number of regulatory control measures that the Delaware 
and Lebanon Areas and contributing areas have implemented in recent 
years, which are described further below.
Permanent and Enforceable Controls Implemented
    Reductions in directly emitted fine particles and fine particle 
precursor emissions have occurred statewide and in upwind areas because 
of state and Federal emission control measures, with additional 
emission reductions expected to occur in the future. This section 
contains a discussion of permanent and enforceable measures that have 
been implemented in the Delaware and Lebanon Areas.
Stationary Source Measures
    NOX SIP Call: On October 27, 1998 (63 FR 57356), EPA issued the 
NOX SIP Call requiring the District of Columbia and 22 
states to reduce emissions of NOX, a precursor to ozone 
pollution.\6\ Affected states were required to comply with Phase I of 
the SIP Call beginning in 2004 and Phase II beginning in 2007. Emission 
reductions resulting from regulations developed in response to the 
NOX SIP Call are permanent and enforceable. By imposing an 
emissions cap regionally, the NOX SIP Call reduced 
NOX emissions from large EGUs and large non-EGUs such as 
industrial boilers, internal combustion engines, and cement kilns. In 
response to the NOX SIP Call, Pennsylvania

[[Page 33894]]

adopted its NOX Budget Trading Program regulations for EGUs 
and large industrial boilers, with emission reductions starting in May 
2003. Pennsylvania's NOX Budget Trading Program regulation 
was approved into the Pennsylvania SIP on August 21, 2001 (66 FR 
43795). To meet other requirements of the NOX SIP Call, 
Pennsylvania adopted NOX control regulations for cement 
plants and internal combustion engines, with emission reductions 
starting in May 2005. These regulations were approved into the 
Pennsylvania SIP on September 29, 2006 (71 FR 57428).
---------------------------------------------------------------------------

    \6\ Although the NOX SIP Call was issued in order to 
address ozone pollution, reductions of NOX as a result of 
that program have also impacted PM2.5 pollution, for 
which NOX is also a precursor emission.
---------------------------------------------------------------------------

    Clean Air Interstate Rule (CAIR) and Cross State Air Pollution Rule 
(CSPAR): CAIR, which was promulgated on May 12, 2005 (70 FR 25162), and 
subsequently revised on April 28, 2006, and December 13, 2006, created 
regional cap-and-trade programs to reduce SO2 and 
NOX emissions in 28 eastern states, including Pennsylvania. 
In 2009, the CAIR ozone season NOX trading program 
superseded the NOX Budget Trading Program, although the 
emission reduction obligations of the NOX SIP Call were not 
rescinded. See 40 CFR 51.121(r) and 51.123(aa). On May 23, 2008, 
Pennsylvania submitted a full CAIR SIP revision to meet the 
requirements of CAIR. Pennsylvania's CAIR SIP revision addressed all 
the requirements of CAIR rulemaking and also modified other 
requirements in Pennsylvania's SIP that interact with CAIR. EPA 
approved the Commonwealth's CAIR regulation, codified in 25 Pa. Code 
Chapter 145, Subchapter D, into the Pennsylvania SIP on December 10, 
2009 (74 FR 65446). In Pennsylvania's CAIR SIP revision, Pennsylvania 
terminated its NOX Budget Trading Program and transitioned 
to the Federal CAIR for large electric generating units (EGU).
    On July 6, 2011, EPA finalized CSAPR as a replacement for CAIR. 
CSAPR became effective on January 1, 2015, for SO2 and 
annual NOX, and May 1, 2015, for ozone season 
NOX. 76 FR 48208. EPA estimated CSAPR will reduce EGU 
SO2 emissions by 73% and NOX emissions by 54% 
from 2005 levels in the CSAPR region, which includes Pennsylvania. On 
September 7, 2016, EPA finalized the CSAPR Update, which reduced 
Pennsylvania's ozone season NOX trading budget from 51,912 
tons to 17,952 tons of ozone season allowances, reduced Pennsylvania's 
ozone season NOX emissions variability limit from 10,902 
tons to 3,770 tons, and reduced Pennsylvania's NOX ozone 
season new unit set-aside from 1,038 tons to 541 tons. 81 FR 74504 
(October 26, 2016).
    Because CSAPR is a Federal implementation plan (FIP), states are 
not required to develop their own CSAPR rules. EPA sets an emissions 
budget for each of the states covered by CSAPR, including Pennsylvania. 
Allowances to emit pollution are allocated to affected sources based on 
each state's emissions budget. The rule provides flexibility to 
affected sources, allowing sources in each state to determine their own 
compliance path. This includes adding or operating control 
technologies, upgrading or improving controls, switching fuels, and 
using allowances. Sources can buy and sell allowances and bank 
allowances for future use as long as each source holds enough 
allowances to account for its emissions by the end of the compliance 
period.
    NOX Budget Trading Program Limits on Non-EGUs: Pennsylvania's CAIR 
SIP revision also established emission limits for the non-EGUs and 
other units that were subject to the Commonwealth's NOX 
Budget Trading Program but are not subject to the CAIR NOX 
Ozone Season Trading Program. These units must continue monitoring 
NOX emissions and must meet an emissions cap. Pennsylvania's 
regulation, codified in 25 Pa. Code Sec.  145.8(d), was approved by EPA 
as a SIP revision on December 10, 2009, and codified at 40 CFR 
52.2020(c)(1).
    Cement Kilns and Large Stationary Internal Combustion Engines: 
Pennsylvania's CAIR SIP revision also included regulations updating the 
cement manufacturing and large stationary internal combustion engine 
regulations that were adopted pursuant to the NOX SIP Call. 
Until 2009, cement kilns and large stationary internal combustion 
engines that were subject to the NOX SIP Call were required 
to surrender NOX SIP Call allowances if they exceeded their 
NOX emission limits set forth in Pennsylvania's regulations. 
Because Pennsylvania discontinued the NOX Budget Trading 
Program beginning 2009, at which point NOX SIP Call 
allowances were replaced by CAIR NOX ozone season 
allowances, Pennsylvania modified the regulations to require surrender 
of CAIR NOX ozone season and CAIR NOX annual 
allowances for emission limit exceedances. Pennsylvania's regulations 
for large stationary internal combustion engines and cement kilns, 
codified in 25 Pa. Code Chapter 145, Subchapters B and C, respectively, 
were approved by EPA as a SIP revision on December 10, 2009, and 
codified at 40 CFR 51.2020(c)(1). An amendment to Pennsylvania's 
regulation for cement kilns to reduce NOX emissions 
effective April 15, 2011, codified in 25 Pa. Code Chapter 145, 
Subchapter C, was subsequently approved by EPA as a SIP revision on 
July 19, 2011, and codified at 40 CFR 51.2020(c)(1).
    Federal Standards for Hazardous Air Pollutants: As required by the 
CAA, EPA developed Maximum Available Control Technology (MACT) 
Standards to regulate emissions of hazardous air pollutants from a 
published list of industrial sources referred to as ``source 
categories.'' The MACT standards have been adopted and incorporated by 
reference in Section 6.6 of Pennsylvania's Air Pollution Control Act 
and implementing regulations in 25 Pa. Code Sec.  127.35 and are also 
included in Federally enforceable permits issued by PADEP for affected 
sources.
    NNSR: Major facilities proposed in Pennsylvania are subject to NNSR 
requirements in nonattainment areas and PSD requirements in areas of 
the Commonwealth designated attainment for NAAQS including carbon 
monoxide (CO), PM, lead, SO2, ozone and nitrogen dioxide 
(NO2). Generally, NSR permit requirements are applicable to 
a facility located in a nonattainment area for a particular pollutant 
with a potential to emit 50 tpy or more of VOCs or 100 tpy or more of 
NOX, SO2, PM or CO. It should be noted that the 
entire Commonwealth is included in the Ozone Transport Region pursuant 
to section 184 of the CAA, and is treated as a moderate ozone 
nonattainment area, irrespective of the area's attainment status. Any 
major stationary source or major modification subject to the NSR 
requirements must receive a plan approval, which requires the source 
to, among other things, offset its potential to emit air contaminants 
including NOX, PM and VOCs by securing emission reduction 
credits at the specified offset ratio, employ the ``lowest achievable 
emission rate'' (LAER) for each regulated pollutant and conduct an 
alternative analysis. The nonattainment NSR requirements are codified 
in 25 Pa. Code chapter 127, subchapter E and approved by EPA as a 
revision to the Commonwealth's SIP on December 9, 1997 (62 FR 64722), 
and May 14, 2012 (77 FR 28261). See 40 CFR 52.2020(e)(1).
    PSD: The PSD program is a pre-construction review and permitting 
program applicable to new or modified major stationary sources subject 
to title I, parts C of the CAA. The PSD requirements are applicable to 
major sources in areas attaining the NAAQS. The Federal PSD regulations 
codified in 40 CFR part 52 are incorporated by reference in their 
entirety in 25 Pa. Code Sec.  127.83. Pennsylvania's PSD

[[Page 33895]]

regulations, codified in 25 Pa. Code Chapter 127, subchapter D, were 
approved by EPA on August 21, 1984, and codified at 40 CFR 52.2058 (49 
FR 33127). PSD permit requirements may apply to a facility located in 
an attainment with the potential to emit 100 tpy or 250 tpy of the six 
criteria pollutants including lead, CO, NO2, ozone, PM and 
SO2 depending on the source category. Any major stationary 
source or major modification subject to the PSD requirements must 
establish the best available control technology (BACT). In addition, 
the owner or operator of a facility needs to conduct an ambient air 
quality analysis, analyze the impacts to soils, vegetation and 
visibility and make sure that the project will not adversely impact 
mandatory Federal Class I areas including national parks greater than 
6,000 acres and national wilderness areas and national memorial parks 
greater than 5,000 acres. In addition, pursuant to 25 Pa. Code Sec.  
127.1, the emissions of air pollutants from new sources in Pennsylvania 
must be controlled to the maximum extent, consistent with Best 
Available Technology (BAT), as determined by the Department as of the 
date of issuance of the plan approval for the new source. PADEP 
determines BAT requirements on a case-by-case basis for both major and 
minor stationary sources considering energy, environmental benefits and 
costs. Under 25 Pa. Code Sec.  127.12(a)(5), an application for a plan 
approval must show that the emissions from a new source will be the 
minimum attainable through the use of BAT. Pennsylvania regulations 
define ``best available technology'' in 25 Pa. Code Sec.  121.1 as, 
``Equipment, devices, methods or techniques as determined by the 
Department which will prevent, reduce or control emissions of air 
contaminants to the maximum degree possible and which are available or 
may be made available.'' PADEP's BAT regulations, codified in 25 Pa. 
Code Sec. Sec.  127.1 and 127.12(a)(5), were approved by EPA on July 
30, 1996 (61 FR 39594).
Sunoco Marcus Hook Shutdown--Delaware County Only
    In addition to the stationary, mobile, nonroad, and area emissions 
control measures list in this section, emissions in Delaware County 
were reduced as a result of the permanent shutdown of the largest 
emitting point source in the county. The Sunoco, Inc. Marcus Hook 
Refinery facility, located three miles southwest of the Chester 
monitoring site, shut down and permanently ceased all crude petroleum 
refining operations, effective December 31, 2011. In the Delaware 
County redesignation request, Pennsylvania reports that, due to this 
permanent shutdown of the refining operations, emissions from the 
facility were reduced by more than 4,500 tons (2,044 tpy oxides of 
sulfur, 1,490 oxides of nitrogen, 674 tpy PM2.5, 320 tpy 
VOC, and 3 tpy NH3) from the 2011 base year.
Mobile Sources
    Federal Motor Vehicle Control Programs (FMVCP) and Pennsylvania 
Clean Vehicles Program for Passenger Vehicles and Light-Duty Trucks and 
Cleaner Gasoline: Tier 1 tailpipe standards established by the CAA 
Amendments of 1990, under section 202(g) of the CAA, include 
NOX and VOC limits for light-duty gasoline vehicles and 
light-duty gasoline trucks. In 1994, these standards began to be phased 
in. Evaporative VOC emissions were reduced in gasoline-powered cars 
starting with Model Year (MY) 1998. In 1998, Pennsylvania adopted the 
Pennsylvania Clean Vehicles Program, which incorporates by reference 
certain California Low Emission Vehicle (CA LEV) emission standards for 
passenger cars and light-duty trucks. As required under section 177 of 
the CAA, these provisions are identical to the low emission standards 
adopted by California. The Pennsylvania Clean Vehicles Program does not 
incorporate by reference the California zero emissions vehicle (ZEV) or 
emissions control warranty systems statement provisions. In the same 
rulemaking, Pennsylvania adopted the National Low Emission Vehicle 
(NLEV) program as a compliance alternative to the Pennsylvania Clean 
Vehicles Program. The NLEV program became effective in the Ozone 
Transport Region (OTR) in 1999. Pennsylvania's New Motor Vehicle 
Emissions Control Program regulations allowed automobile manufacturers 
to comply with NLEV instead of the CA LEV program through MY 2005. 
These regulations affected vehicles 6,000 pounds and less. 
Pennsylvania's New Motor Vehicle Emissions Control Program regulations, 
which include the Pennsylvania Clean Vehicles Program, are codified in 
25 Pa. Code Sec. Sec.  126.401-126.441, and are approved into the 
Pennsylvania SIP. See 77 FR 3386 (January 24, 2012).
    In 1999, EPA promulgated regulations more stringent than NLEV (Tier 
2), starting with model year (MY) 2004. The NLEV program was replaced 
for MY 2004 and later by the more stringent Federal Tier 2 vehicle 
emissions regulations (65 FR 6698, February 10, 2000), and vehicle 
manufacturers operating under the NLEV program became subject to the 
Tier 2 requirements. Pennsylvania amended the former New Motor Vehicle 
Emissions Control Program in 2006. The Clean Vehicles Program continues 
to incorporate the CA LEV program by reference. As amended, the program 
affects MY 2008 and newer passenger cars and light-duty trucks. EPA 
approved Pennsylvania's Clean Vehicles Program as a revision to the 
Commonwealth's SIP on January 24, 2012 (77 FR 3386).
    Heavy-Duty Diesel Control Programs: On January 18, 2001, EPA 
promulgated regulations for heavy-duty engines and vehicles (over 
14,000 pounds) starting with MY 2004. 66 FR 5002. In 2002, Pennsylvania 
adopted the Heavy-Duty Diesel Emissions Control Program for model years 
starting after May 2004. The program incorporates California standards 
by reference and requires MY 2005 and subsequent new heavy-duty diesel 
highway engines to be those certified by California. On October 6, 
2000, EPA adopted new emission standards for heavy-duty engines and 
vehicles for MY 2007 and subsequent years. 65 FR 59896. For diesel 
engines, the standards were phased in from 2007 to 2010 for 
NOX and VOCs. For gasoline engines, the standards were 
phased in during MY 2008 and 2009. Federal and California standards are 
virtually identical for MY 2007. For MY 2008, California adopted 
requirements for idling restriction engine programming and an optional 
``clean NOX idle'' standard. Because the new engine 
standards are adversely affected by sulfur in fuel, EPA also required 
most highway diesel fuel to contain no more than 15 parts per million 
(ppm) of sulfur, beginning in the fall of 2006. In addition, Federal 
heavy-duty greenhouse gas standards (76 FR 57106, September 15, 2011), 
which began phasing in with the MY 2014, will result in decreased 
energy consumption rates and decreased refueling emissions.
    Vehicle Emission Inspection/Maintenance Program: In early 2004, 
Pennsylvania expanded its Vehicle Emission Inspection/Maintenance (I/M) 
Program. Delaware County falls under Pennsylvania's ``Philadelphia'' 
program (which also includes Bucks, Chester, Montgomery and 
Philadelphia Counties), while Lebanon County falls under Pennsylvania's 
``South Central Region'' program (which also includes Berks, 
Cumberland, Dauphin, Lancaster, Lehigh, Northampton, and York 
Counties). Both programs apply to gasoline-powered vehicles 9,000 
pounds and under, MY 1975 and newer. For vehicles MY 1996 and newer, 
the programs consist of an annual on-board diagnostic test and a gas 
cap pressure

[[Page 33896]]

test. For subject vehicles MY 1995 and older, the programs consist of 
an annual visual inspection of pollution control devices to ensure they 
are present, connected and the proper type for the vehicle, as well as 
a gas cap pressure test. In addition, the Philadelphia area program 
requires dynamometer testing on certain MY 1995 and older vehicles. 
However, the dynamometer testing is being phased out, with the vehicles 
dropping out each year. By 2021, the dynamometer testing will be 
completely phased out for all vehicles MY 1995 and older, and these 
vehicles will receive the same tests as in the South Central Region 
program. These regulations can be found in 67 Pa. Code Chapter 177. 
Pennsylvania submitted the expanded emissions program to EPA as a SIP 
revision on December 1, 2003. EPA approved the SIP revision on October 
6, 2005 (70 FR 58313).
    Low Sulfur Gasoline: The 1999 Federal Tier 2 regulations (65 FR 
6698, February 10, 2000) reduced the sulfur content of gasoline by up 
to 90 percent, enabling the use of new emission control technologies in 
cars and trucks that reduce harmful air pollution. Requirements for use 
of low-sulfur gasoline enabled use of advanced emission control systems 
in light-duty vehicles beginning in MY 2004. Vehicles meeting Tier 2 
emission standards are 77 to 95 percent cleaner than earlier models. On 
April 28, 2014, EPA promulgated a regulation adopting more stringent 
vehicle standards and reducing sulfur limits in gasoline further with 
the Tier 3 Motor Vehicle Emission and Fuel Standards program (79 FR 
23414). The rule was effective on June 27, 2014. The Tier 3 program 
requires the annual average content of sulfur in gasoline to be reduced 
to 10 ppm, effective January 1, 2017. By 2030, when fully implemented, 
this program will increase the effectiveness of vehicle emission 
controls even further and reduce onroad emissions of NOX by 
25 percent, direct particulate matter by 10 percent and VOCs by 16 
percent. The rule will also significantly reduce emissions of carbon 
monoxide and hazardous air pollutants including acrolein, benzene, 
formaldehyde and acetaldehyde.
Nonroad Sources
    EPA has adopted a series of regulations affecting new diesel-
powered (compression ignition) and gasoline-powered (spark ignition) 
nonroad engines of various sizes and applications. On June 29, 2004, 
EPA adopted a rule establishing a comprehensive national program to 
reduce emissions from nonroad diesel engines (69 FR 38958). The rule 
phased in requirements for reducing the sulfur content of diesel used 
in nonroad diesel engines. The reduction in fuel sulfur content 
prevents damage to the more advanced emission control systems needed to 
meet the engine standards; it will also reduce fine particulate 
emissions from diesel engines. In 2007, fuel sulfur levels were limited 
to 500 ppm for nonroad applications other than ocean-going marine 
vessels. In 2010, fuel sulfur levels were reduced to the same sulfur 
concentration as in highway fuel, 15 ppm; effective in 2012 to 
locomotive and marine diesel fuel. See 70 FR 70498 (November 22, 2015) 
and 71 FR 25706 (May 1, 2006). On April 30, 2010, EPA adopted changes 
to the nonroad diesel fuel program to allow for the production and sale 
of diesel fuel with up to 1,000 ppm sulfur for use in Category 3 marine 
vessels. 75 FR 22896
Area Sources
    Low Sulfur Fuel Oil: Pennsylvania's low sulfur fuel rule limits the 
sulfur content of No. 2 fuel oil to 500 ppm, No. 4 fuel oil to 2,500 
ppm and Nos. 5 and 6 fuel oils to 5,000 ppm. Compliance with the lower 
sulfur content limits began on July 1, 2016. Pennsylvania estimated 
statewide SO2 emission reductions of approximately 21,000 
tons per year from this rule. These emission reductions will allow the 
Commonwealth to attain and maintain the PM2.5 standards and 
improve visibility. The final-form regulation was submitted to EPA for 
approval as a SIP revision on February 26, 2013. EPA approved this rule 
into Pennsylvania's SIP on July 10, 2014 (79 FR 39330).
    Consumer Products: Pennsylvania's statewide regulation applies to 
any person who sells, supplies, offers for sale, or manufactures 
certain consumer products on or after January 1, 2005, for use in the 
Commonwealth. The Consumer Products program is codified in 25 Pa. Code 
Chapter 130, Subchapter B. It was submitted to EPA as a SIP revision on 
March 26, 2003 and approved on December 8, 2004 (69 FR 70895). 
Amendments to the Consumer Products regulations were adopted on October 
11, 2008, submitted to EPA as a SIP revision on March 11, 2009, and 
approved on October 18, 2010 (75 FR 63717).
    Adhesives, Sealants, Primers and Solvents: Pennsylvania adopted a 
regulation in 2010 to control VOC emissions from adhesives, sealants, 
primers and solvents. EPA approved this regulation as a SIP revision on 
September 26, 2012 (77 FR 59090).
    Conclusion: EPA has reviewed this suite of measures and the 
emission reductions achieved in the Delaware and Lebanon Areas between 
2011 and 2014 (summarized in Table 3 and 4) and determined that the 
Areas did attain the 2012 annual PM2.5 NAAQS due to 
permanent and enforceable measures.

D. Does Pennsylvania have fully approvable maintenance plans for the 
Delaware and Lebanon Areas?

    In conjunction with Pennsylvania's requests to redesignate the 
Delaware and Lebanon Areas to attainment, Pennsylvania submitted SIP 
revisions to provide for maintenance of the 2012 annual 
PM2.5 NAAQS in the Areas through 2030. EPA is proposing to 
approve Pennsylvania's maintenance plans in this rulemaking action. If 
this proposed action is finalized, the Areas will have approved 
maintenance plans.
Maintenance Plan Requirements
    Section 175A of the CAA sets forth the required elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. Under section 175A, the plan must demonstrate continued 
attainment of the applicable NAAQS for at least ten years after EPA 
approves a redesignation to attainment. Eight years after 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for ten 
years following the initial 10-year maintenance period. To address the 
possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures with a schedule for implementation as EPA 
deems necessary to assure prompt correction of any future 
PM2.5 NAAQS violations.
    The Calcagni memorandum provides additional guidance on the content 
of a maintenance plan. It states that a maintenance plan should address 
the following items: The attainment emissions inventory, a maintenance 
demonstration showing maintenance for the 10 years of the maintenance 
period, a commitment to maintain the existing monitoring network, 
factors and procedures to be used for verification of continued 
attainment of the NAAQS, and a contingency plan to prevent or correct 
future violations of the NAAQS.
    As discussed in detail in the following section, Pennsylvania's 
maintenance plan submissions document that the Delaware and Lebanon 
Areas' emissions inventories show that the areas will remain below the 
attainment year inventories through 2030, more than ten years after 
redesignation.

[[Page 33897]]

Attainment Inventory
    The Calcagni memorandum indicates that states requesting 
redesignation to attainment should develop an attainment emissions 
inventory in order to identify the level of emissions in the area that 
is sufficient to attain the NAAQS. The attainment inventory should be 
consistent with EPA's most recent guidance on emission inventories for 
nonattainment areas available at the time and should include the 
emissions during the time period associated with monitoring data 
showing attainment.
    Pennsylvania developed attainment year emissions inventories for 
the Delaware and Lebanon Areas for 2014, one of the years in the period 
during which the Areas first monitored attainment of the 2012 annual 
PM2.5 NAAQS. The attainment year inventories include 
emissions of PM2.5, NOX, SO2, VOC, 
NH3, and PM10. The attainment levels of emissions 
are summarized in Tables 5 and 6, along with future maintenance 
projections. Note that these tables do not include emissions of 
PM10, as it is not a precursor to PM2.5.

                     Table 5--Delaware County Emissions Inventory Maintenance Demonstration
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                       2014                            2030         Difference      Difference
             Sector                 Attainment     2022 Interim     Maintenance      2014-2022       2014-2030
----------------------------------------------------------------------------------------------------------------
                                                       PM
----------------------------------------------------------------------------------------------------------------
Point...........................             624             635             684             -11             -60
Area............................             999           1,030           1,050             -31             -51
Onroad..........................             136              79              53              57              83
Nonroad.........................              97              74              66              23              31
                                 -------------------------------------------------------------------------------
    Total.......................           1,856           1,818           1,853              38               3
----------------------------------------------------------------------------------------------------------------
                                                       SO
----------------------------------------------------------------------------------------------------------------
Point...........................           1,924           1,896           1,896              28              28
Area............................             708             194             164             514             544
Onroad..........................              31              11              10              20              21
Nonroad.........................               2               1               1               1               1
                                 -------------------------------------------------------------------------------
    Total.......................           2,665           2,102           2,071             563             594
----------------------------------------------------------------------------------------------------------------
                                                       NO
----------------------------------------------------------------------------------------------------------------
Point...........................           5,181           5,690           5,784            -509            -603
Area............................           2,385           2,110           2,008             275             377
Onroad..........................           4,652           2,016             956           2,636           3,696
Nonroad.........................             783             524             459             259             324
                                 -------------------------------------------------------------------------------
    Total.......................          13,001          10,340           9,207           2,661           3,794
----------------------------------------------------------------------------------------------------------------
                                                       VOC
----------------------------------------------------------------------------------------------------------------
Point...........................           1,410           1,501           1,508             -91             -98
Area............................           7,396           7,393           7,421               3             -25
Onroad..........................           2,534           1,354             816           1,180           1,718
Nonroad.........................           1,145             953             943             192             202
                                 -------------------------------------------------------------------------------
    Total.......................          12,485          11,201          10,688           1,284           1,797
----------------------------------------------------------------------------------------------------------------
                                                       NH
----------------------------------------------------------------------------------------------------------------
Point...........................             201             165             171              36              30
Area............................             179             157             153              22              26
Onroad..........................             118              89              88              29              30
Nonroad.........................               2               2               2               0               0
                                 -------------------------------------------------------------------------------
    Total.......................             500             413             414              87              86
----------------------------------------------------------------------------------------------------------------


                      Table 6--Lebanon County Emissions Inventory Maintenance Demonstration
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                       2014                            2030         Difference      Difference
             Sector                 Attainment     2022 Interim     Maintenance      2014-2022       2014-2030
----------------------------------------------------------------------------------------------------------------
                                                       PM
----------------------------------------------------------------------------------------------------------------
Point...........................             120             154             178             -34             -58
Area............................           1,088           1,016           1,024              72              64
Onroad..........................              87              50              31              37              56
Nonroad.........................              47              29              19              18              28
                                 -------------------------------------------------------------------------------

[[Page 33898]]

 
    Total.......................           1,342           1,249           1,252              93              90
----------------------------------------------------------------------------------------------------------------
                                                       SO
----------------------------------------------------------------------------------------------------------------
Point...........................             229             235             238              -6              -9
Area............................             368              80              69             288             299
Onroad..........................              11               6               6               5               5
Nonroad.........................               1               1               1               0               0
                                 -------------------------------------------------------------------------------
    Total.......................             609             322             314             287             295
----------------------------------------------------------------------------------------------------------------
                                                       NO
----------------------------------------------------------------------------------------------------------------
Point...........................             549             637             718             -88            -169
Area............................           1,258           1,132           1,057             126             201
Onroad..........................           3,131           1,867           1,374           1,264           1,757
Nonroad.........................             505             305             214             200             291
                                 -------------------------------------------------------------------------------
    Total.......................           5,443           3,941           3,363           1,502           2,080
----------------------------------------------------------------------------------------------------------------
                                                       VOC
----------------------------------------------------------------------------------------------------------------
Point...........................             220             226             229              -6              -9
Area............................           6,657           6,660           6,681              -3             -24
Onroad..........................           1,183             644             411             539             772
Nonroad.........................             316             238             226              78              90
                                 -------------------------------------------------------------------------------
    Total.......................           8,376           7,768           7,547             608             829
----------------------------------------------------------------------------------------------------------------
                                                       NH
----------------------------------------------------------------------------------------------------------------
Point...........................              22              29              33              -7             -11
Area............................           2,251           2,336           2,334             -85             -83
Onroad..........................              44              35              35               9               9
Nonroad.........................               1               1               1               0               0
                                 -------------------------------------------------------------------------------
    Total.......................           2,318           2,401           2,403             -83             -85
----------------------------------------------------------------------------------------------------------------

Maintenance Demonstration
    As discussed previously in this notice, EPA has determined that the 
Delaware and Lebanon Areas are attaining the 2012 annual 
PM2.5 NAAQS based on monitoring data for the 3-year period 
from 2015-2017. In its maintenance plans, Pennsylvania demonstrates 
maintenance by showing that emissions projected over the maintenance 
period for the Areas will not exceed emissions levels that were present 
when the Areas came into attainment of the 2012 annual PM2.5 
NAAQS. Pennsylvania selected 2014 as the attainment emission inventory 
year for the Delaware and Lebanon Areas. The attainment inventories 
identify the level of emissions in the Delaware and Lebanon Areas that 
is sufficient to attain the 2012 annual PM2.5 NAAQS. 
Pennsylvania has previously submitted 2011 base year emission 
inventories for the Delaware and Lebanon Areas, which EPA approved into 
the Pennsylvania SIP. See 83 FR 31064. In its maintenance 
demonstrations for the Delaware and Lebanon Areas, Pennsylvania 
projected emissions forward to 2022 and 2030, which satisfies the 10-
year interval required in section 175(A) of the CAA.
    The emissions inventories address four major types of sources: 
Point, area, on-road mobile, and non-road mobile. The future year 
emissions inventories have been estimated using projected rates of 
growth in population, traffic, economic activity, expected control 
programs, and other parameters. Non-road mobile emissions estimates, 
with the exception of the railroad locomotives, commercial marine, and 
aircraft emissions, were developed using EPA's NONROAD component of 
EPA's Motor Vehicle Emissions Simulator (MOVES) model version 2014b. 
On-road mobile source emissions were calculated using EPA's MOVES2014a 
on-road mobile emission model.
    EPA has reviewed Pennsylvania's emissions inventories for the 
Delaware and Lebanon Areas and determined that Pennsylvania developed 
them consistent with EPA guidance. EPA's evaluation of the 2014 
attainment inventories and 2020 and 2030 projected inventories can be 
found EPA's technical support documents (TSDs) prepared for the 
Delaware and Lebanon Areas, which are available online at http://www.regulations.gov, Docket ID: EPA-R03-OAR-2019-0262.
    Section 175A requires a state seeking redesignation to attainment 
to submit a SIP revision to provide for the maintenance of the NAAQS in 
the area ``for at least 10 years after the redesignation.'' EPA has 
interpreted this as a showing of maintenance ``for a period of ten 
years following redesignation.'' (Calcagni memorandum, p. 9). Where the 
emissions inventory method of showing maintenance is used, the purpose 
is to show that emissions during the maintenance period will not 
increase over the attainment year inventory. (Calcagni memorandum, pp. 
9-10). Pennsylvania's maintenance plan

[[Page 33899]]

submissions expressly document that the Delaware and Lebanon Areas 
overall emissions inventories will remain well below the attainment 
year inventories through 2030. In addition, EPA believes that the 
Delaware and Lebanon Areas will continue to maintain the 2012 annual 
PM2.5 NAAQS through 2030. Thus, if EPA finalizes its 
proposed approval of the redesignation request and maintenance plan, 
the approval will be based upon this showing, in accordance with 
section 175A, and EPA's analysis described herein, that the Delaware 
and Lebanon Areas' maintenance plans provide for maintenance for at 
least ten years after redesignation.
    The maintenance plans for the Delaware and Lebanon Areas for the 
2012 annual PM2.5 NAAQS include a maintenance demonstration 
that:
    (1) Shows compliance with and maintenance of the annual 
PM2.5 NAAQS by providing information to support the 
demonstration that current and future emissions of PM2.5 and 
PM2.5 precursors remain at or below 2014 attainment year 
emissions levels.
    (2) Uses 2014 as the attainment year and includes future emission 
inventory projections for 2022 and 2030.
    (3) Identifies an ``out year'' at least 10 years after EPA review 
and potential approval of the maintenance plan. Per 40 CFR part 93, 
PM2.5 and NOX MVEBs were established for the last 
year (2030) of the maintenance plan.
    (iv) Provides, as shown in Tables 5 and 6, the estimated and 
projected emissions inventories, in tons per year (tpy), for the 
Delaware and Lebanon Area, for PM2.5, NOX, 
SO2, VOC, and NH3.
    For maintenance of the 2012 PM2.5 NAAQS, Pennsylvania 
relies on the same suite of permanent and enforceable stationary, 
mobile, nonroad, and area source measures as set out in the 
redesignation requests for the Areas. As shown in Table 5, Pennsylvania 
projects that emissions of PM2.5 and all its precursors will 
be below the 2014 attainment year emissions through 2030 in Delaware 
County. Table 6 shows that PM2.5 and all its precursors 
except NH3 will below the 2014 attainment year emissions 
through 2030 in Lebanon County. Although there is a slight increase in 
the NH3 between 2014 and 2030 (85 tpy or 4%), NH3 
emissions are significantly lower than they were in the 2011 base year 
(3,910 tpy). Furthermore, in Lebanon County emission reductions of 
PM2.5 and the other precursors far outweighs the slight 
increase in NH3 emissions.
Monitoring Networks
    In the maintenance plans, Pennsylvania committed to continue to 
operate the air monitoring network in accordance with 40 CFR part 58 to 
verify the attainment status of the Delaware and Lebanon Areas for the 
2012 annual PM2.5 NAAQS, with no reductions in the number of 
sites from those in the existing network unless pre-approved by EPA.
Verification of Continued Attainment
    Pennsylvania remains obligated to continue to quality-assure 
monitoring data and enter all data into the Air Quality System in 
accordance with Federal guidelines. In the maintenance plans, 
Pennsylvania committed to track the attainment status of the 2012 
annual PM2.5 NAAQS in the Delaware and Lebanon Areas by 
reviewing air quality and emissions data during the maintenance period. 
Pennsylvania will perform an annual evaluation of two key factors, 
vehicle miles traveled (VMT) data and emissions reported from 
stationary sources and compare them to the assumptions about these 
factors used in the maintenance plans. Pennsylvania will also evaluate 
the periodic (every three years) emission inventories prepared under 
EPA's Air Emission Reporting Requirements (40 CFR part 51, subpart A) 
to determine if they exceed the attainment year inventory (2014) by 
more than 10 percent. Based on these evaluations, Pennsylvania will 
consider whether any further emission control measures should be 
implemented.
Contingency Plan
    Contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all pollution control measures that were contained in the SIP 
before redesignation of the area to attainment. See section 175A(d) of 
the CAA.
    In the maintenance plans for the Delaware and Lebanon Areas, 
Pennsylvania commits to continue to implement all applicable 
requirements which were contained in the SIP for the Areas before 
redesignation, even after EPA approval of Pennsylvania's requests for 
the Areas to be redesignated to attainment. Additionally, Pennsylvania 
commits to adopt and expeditiously implement corrective actions, as 
necessary and appropriate, if contingency measures are triggered. 
Pennsylvania's contingency plans for Delaware and Lebanon Areas define 
warning level and action level responses.
    The maintenance plans for the Areas state that a first-level 
warning response will be triggered if the annual mean PM2.5 
concentration exceeds 12.5 [mu]g/m\3\ in a single calendar year at any 
monitor within one of the Areas or if the periodic emissions inventory 
for one of the Areas exceeds the 2014 attainment year inventory by more 
than 10 percent. The first-level response will consist of a study to 
determine whether the triggers indicate a trend toward higher 
PM2.5 values in the affected area and whether emissions of 
PM2.5 and its precursors appear to be increasing. If there 
appears to be an increasing trend, the study will evaluate whether the 
trend is likely to continue and, if so, the necessary and appropriate 
control measures to reverse the trend. Implementation of necessary and 
appropriate controls would take place as expeditiously as possible.
    The maintenance plans for the Areas explain that a second-level 
warning response will be prompted if the 2-year average of the annual 
mean PM2.5 concentrations exceeds 12.0 [mu]g/m\3\ at any 
monitor within one of the Areas. If this occurs, Pennsylvania will 
evaluate the conditions leading to the PM2.5 levels and 
evaluate what measures might be most effective in correcting the 
PM2.5 levels. Pennsylvania will also analyze the potential 
emissions effects of Federal, state and local measures that have been 
adopted but not yet implemented at the time the second-level response 
is triggered. Pennsylvania will begin the process of adopting selected 
measures that are necessary and appropriate so that, in the event of a 
violation (action level trigger), the measures can be implemented as 
expeditiously as practicable.
    The maintenance plans for the Areas define an action level response 
as being triggered if a violation of the PM2.5 NAAQS occurs. 
If triggered, Pennsylvania will initiate the rulemaking process to 
adopt and

[[Page 33900]]

implement contingency measures to return the area to attainment of the 
2012 annual PM2.5 NAAQS. The maintenance plans set out the 
following criteria for selecting contingency measures: Air quality 
analysis indicating the nature of the violation; emission reduction 
potential; timeliness of implementation; and costs, equity and cost-
effectiveness. The maintenance plans set time frames for adoption and 
implementation of the contingency measures, which provides for full 
adoption of measures within approximately 24 months of a confirmed 
violation, considering all the steps in Pennsylvania's regulatory 
adoption process. The contingency measures Pennsylvania would consider 
promulgating if a violation of the 2012 annual PM2.5 NAAQS 
occurs in one of the Areas include the following regulatory and 
nonregulatory measures as listed in Table 7.

    Table 7--Contingency Measures for the Delaware and Lebanon Areas
------------------------------------------------------------------------
                Measure type                      Contingency measure
------------------------------------------------------------------------
Regulatory measures.........................  A regulation to reduce
                                               emissions on high-
                                               electric demand days
                                               (Delaware County only).
                                              A regulation to lower the
                                               sulfur content of No. 2
                                               fuel oil from 500 to 15
                                               ppm.
                                              Other regulatory measures
                                               identified based on the
                                               selection criteria set
                                               out in the contingency
                                               plans.
Non-regulatory measures.....................  Voluntary diesel projects:
                                                 --Diesel retrofit
                                                  (including
                                                  replacement,
                                                  repowering or
                                                  alternative fuel use)
                                                  for public or private
                                                  local onroad or off-
                                                  road fleets;
                                                 -- Idling reduction
                                                  technology for Class
                                                  2--yard locomotives;
                                                  and
                                                 -- Idling reduction
                                                  technologies or
                                                  strategies for truck
                                                  stops, warehouses and
                                                  other freight-handling
                                                  facilities.
                                              Promotion of accelerated
                                               turnover of lawn and
                                               garden equipment,
                                               especially commercial
                                               equipment.
                                              Additional promotion of
                                               alternative fuels for
                                               fleets, home heating and
                                               agricultural use.
------------------------------------------------------------------------

    Conclusion: EPA has reviewed Pennsylvania's maintenance plans for 
Delaware and Lebanon Areas and determined that they meet the 
requirements of CAA section 175A. The plans demonstrate continued 
attainment of the 2012 annual PM2.5 NAAQS for at least ten 
years after EPA approves a redesignation to attainment and they contain 
adequate contingency measures to address the possibility of future 
NAAQS violations. Therefore, EPA is proposing to approve the 
maintenance plans.

V. Has Pennsylvania adopted approvable motor vehicle emission budgets?

A. What are the motor vehicle emissions budgets (MVEB)?

    Under the CAA, states are required to submit, at various times, 
control strategy SIPs and maintenance plans in ozone areas. These 
control strategy SIPs (i.e., RFP, SIPs and attainment demonstration 
SIPs) and maintenance plans identify and establish MVEBs for certain 
criteria pollutants and/or their precursors to address pollution from 
on-road mobile sources. In the maintenance plan, the MVEBs are termed 
``on road-mobile source emission budgets.'' Pursuant to 40 CFR part 93 
and Sec.  51.112, MVEBs must be established in a PM2.5 
maintenance plan. An MVEB is the portion of the total allowable 
emissions that is allocated to highway and transit vehicle use and 
emissions. An MVEB serves as a ceiling on emissions from an area's 
planned transportation system. The MVEB concept is further explained in 
the preamble to the November 24, 1993 Transportation Conformity Rule 
(58 FR 62188). The preamble also describes how to establish and revise 
the MVEBs in control strategy SIPs and maintenance plans.
    Transportation conformity is required under section 176(c) of the 
CAA to ensure that Federally supported highway and transit projects, 
and other activities are consistent with (conform to) the purpose of 
the SIP. The CAA requires Federal actions in nonattainment and 
maintenance areas to ``conform to'' the goals of the SIP. This means 
that such actions will not cause or contribute to violations of a 
NAAQS; worsen the severity of an existing violation; or delay timely 
attainment of any NAAQS or any interim milestone. Actions involving the 
Federal Highway Administration (FHWA) or Federal Transit Administration 
(FTA) funding or approval are subject to the Transportation Conformity 
Rule (40 CFR part 93, subpart A). Under this rule, metropolitan 
planning organizations (MPOs) in nonattainment and maintenance areas 
coordinate with state air quality and transportation agencies, EPA, 
FHWA, and FTA to demonstrate that their metropolitan transportation 
plans and transportation improvement plans (TIPs) conform to applicable 
SIPs. This is typically determined by showing that estimated emissions 
from existing and planned highway and transit systems are less than or 
equal to the MVEBs contained in a SIP.
    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA must affirmatively find the MVEBs contained 
therein ``adequate'' for use in determining transportation conformity. 
After EPA affirmatively finds the submitted MVEBs are adequate for 
transportation conformity purposes, the MVEBs can be used by state and 
Federal agencies in determining whether proposed transportation 
projects ``conform'' to the SIP as required by section 176(c) of the 
CAA. EPA's substantive criteria for determining ``adequacy'' of a MVEB 
are set out in 40 CFR 93.118(e)(4).
    EPA's process for determining ``adequacy'' consists of three basic 
steps: Public notification of a SIP submission, a public comment 
period, and EPA's adequacy finding. This process for determining the 
adequacy of submitted SIP MVEBs was initially outlined in EPA's May 14, 
1999 guidance, ``Conformity Guidance on Implementation of March 2, 
1999, Conformity Court Decision.'' This guidance was finalized in the 
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards and 
Miscellaneous Revisions for Existing Areas; Transportation Conformity 
Rule Amendments--Response to Court Decision and Additional Rule 
Change'' on July 1, 2004 (69 FR 40004). EPA consults this guidance and 
follows this rulemaking in making its adequacy determinations.
    The maintenance plans submitted by PADEP for the Delaware and 
Lebanon Areas identify the NOX and PM2.5 MVEBs 
for transportation conformity purposes for the years 2014, 2022, and 
2030. These MVEBs (including safety margins) are the projected 
emissions for the on-road mobile sources plus any portion of the safety 
margin allocated to the MVEBs (safety margin allocation for

[[Page 33901]]

2022 and 2030 only). These emission budgets, when approved by EPA, must 
be used for transportation conformity determinations. The MVEBs for the 
Delaware and Lebanon Areas are displayed in Tables 8 and 9.

 Table 8--On-Road MVEBs Contained in the Delaware County, PA 2012 PM2.5
                   Nonattainment Area Maintenance Plan
------------------------------------------------------------------------
                                                        Mobile vehicle
                                     Motor vehicle     emissions budget
       Delaware County, PA         emissions budget    for NOX  on-road
                                   for PM2.5 on-road   emissions  (tpy)
                                   emissions  (tpy)
------------------------------------------------------------------------
2014............................                 136               4,652
2022 Predicted..................                  75               1,833
Safety Margin...................                   4                 183
2022 Budget.....................                  79               2,016
2030 Predicted..................                  53                 869
Safety Margin...................                   0                  87
2030 Budget.....................                  53                 956
------------------------------------------------------------------------


  Table 9--On-Road MVEBs Contained in the Lebanon County, PA 2012 PM2.5
                   Nonattainment Area Maintenance Plan
------------------------------------------------------------------------
                                           Motor vehicle  Mobile vehicle
                                             emissions       emissions
                                            budget for    budget for NOX
           Lebanon County, PA              PM2.5 on-road      on-road
                                             emissions       emissions
                                               (tpy)           (tpy)
------------------------------------------------------------------------
2014....................................              87           3,131
2022 Predicted..........................              45           1,697
Safety Margin...........................               5             170
2022 Budget.............................              50           1,867
2030 Predicted..........................              28           1,249
Safety Margin...........................               3             125
2030 Budget.............................              31           1,374
------------------------------------------------------------------------

B. What is a safety margin?

    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. The highway emission 
budgets include a safety margin, which was created by setting aside a 
portion of the difference between attainment year and maintenance year 
emissions of PM2.5 and NOX to accommodate 
unanticipated growth in highway vehicles. The safety margin is the 
extra emissions reduction below the attainment levels that can be 
allocated for emissions by various sources as long as the total 
emission levels are maintained at or below the attainment levels. 
Tables 10 and 11 show that the amount of emission reductions 
anticipated between 2014 and 2022 and between 2014 and 2030 that 
accommodates the safety margins granted for the Delaware and Lebanon 
Areas.

   Table 10--Comparison of Safety Margin to Total Anticipated Emission
         Reductions in 2022 and 2030 (Tons) for Delaware County
------------------------------------------------------------------------
             Delaware County                   PM2.5            NOX
------------------------------------------------------------------------
2014....................................           1,856          13,001
2022....................................           1,814          10,157
2030....................................           1,853           9,120
2014-2022 Anticipated Emission                        43           2,844
 Reductions.............................
Safety Margin Granted...................               4             183
2014-2030 Anticipated Emission                         2           3,881
 Reductions.............................
Safety Margin Granted...................               0              87
------------------------------------------------------------------------


   Table 11--Comparison of Safety Margin to Total Anticipated Emission
          Reductions in 2022 and 2030 (Tons) for Lebanon County
------------------------------------------------------------------------
             Lebanon County                    PM2.5            NOX
------------------------------------------------------------------------
2014....................................           1,343           5,443
2022....................................           1,244           3,771
2030....................................           1,249           3,238
2014-2022 Anticipated Emission                        99           1,672
 Reductions.............................

[[Page 33902]]

 
Safety Margin Granted...................               5             170
2014-2030 Anticipated Emission                        94           2,205
 Reductions.............................
Safety Margin Granted...................               3             125
------------------------------------------------------------------------

C. Why are the MVEBs approvable?

    The 2014, 2022, and 2030 MVEBs for the Delaware and Lebanon Areas 
are approvable because the MVEBs for NOX and 
PM2.5 continue to maintain the total emissions at or below 
the attainment year inventory levels as required by the transportation 
conformity regulations.

D. What is the adequacy and approval process for the MVEBs in the 
Delaware and Lebanon Areas maintenance plans?

    In this case, EPA is concurrently processing the action on the 
maintenance plan and the adequacy process for the MVEBs contained 
therein. In this proposed rule, EPA is proposing to find the MVEBs 
adequate and also proposing to approve the MVEBs as part of the 
maintenance plan. The MVEBs cannot be used for transportation 
conformity until the maintenance plan update and associated MVEBs are 
approved in a final Federal Register notice, or EPA otherwise finds the 
budgets adequate in a separate action following the comment period.
    If EPA receives adverse written comments with respect to the 
proposed approval of the Delaware and Lebanon Areas MVEBs, or any other 
aspect of our proposed approval of this updated maintenance plan, EPA 
will respond to the comments on the MVEBs in the final rulemaking 
action or proceed with the adequacy process as a separate action. EPA's 
action on the Delaware and Lebanon Areas MVEBs will also be announced 
on EPA's conformity website: https://www.epa.gov/state-and-local-transportation.\7\ The public comment period will end at the same time 
as the public comment period for this proposed rule. EPA's analyses of 
the MVEBs for the Delaware and Lebanon Areas can be found in EPA's MVEB 
TSDs prepared for this action, available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2019-0262.
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    \7\ Once there, click on ``Adequacy Review of SIP Submissions.''
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VI. Proposed Action

    EPA's review of this material indicates that the Delaware and 
Lebanon Areas meet the requirements for redesignation to attainment for 
the 2012 annual PM2.5. EPA is proposing to grant PADEP's 
redesignation requests and to determine that the Delaware and Lebanon 
Areas meet the 2012 annual PM2.5 NAAQS, based on the most 
recent three years of certified air quality data. The effect of this 
proposed action, if finalized, would be to change the designation 
status of the Delaware and Lebanon Areas from nonattainment to 
attainment for the 2012 annual PM2.5 NAAQS, thereby removing 
the requirement for a nonattainment new source review permitting 
program and stopping the sanctions clock associated with a finding of 
failure to submit NNSR updates for the annual PM2.5 NAAQS. 
EPA is also proposing to approve PADEP's maintenance plans for the 
Delaware and Lebanon Areas as revisions to the Pennsylvania SIP. EPA is 
also proposing to find the 2014, 2022, and 2030 PM2.5 and 
NOX MVEBs contained in the maintenance plans for the 
Delaware and Lebanon Areas adequate and is also proposing to approve 
these MVEBs into the Pennsylvania SIP for transportation conformity 
purposes. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action. Although EPA is proposing approval of the redesignation 
requests and maintenance plans for the Delaware and Lebanon Areas in 
one rulemaking, EPA views each redesignation request as a separate 
request and each maintenance plan as a separable SIP revision. Thus, 
should EPA receive comment on one redesignation request or maintenance 
plan, but not the other, EPA will treat the comment as only pertaining 
to that specific redesignation request or maintenance plan and may take 
separate, final action on the remaining redesignation request or 
maintenance plan.

VII. Statutory and Executive Order Reviews

    Under the CAA, the redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of the geographical 
area and do not impose any additional regulatory requirements on 
sources beyond those required by state law. A redesignation to 
attainment does not in and of itself impose any new requirements, but 
rather results in the application of requirements contained in the CAA 
for areas that have been redesignated to attainment. Moreover, the 
Administrator is required to approve a SIP submission that complies 
with the provisions of the Act 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

[[Page 33903]]

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, proposing to approve 
Pennsylvania's redesignation requests and maintenance plans for the 
2012 PM2.5 NAAQS for the Delaware and Lebanon Areas, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: July 5, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2019-15091 Filed 7-15-19; 8:45 am]
BILLING CODE 6560-50-P