[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Rules and Regulations]
[Pages 25951-25953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10041]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0416; FRL-10023-38-Region 3]


Air Plan Approval; Pennsylvania; Regulatory Updates to 
Nonattainment New Source Review (NNSR) Permitting Requirements for 2012 
Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard 
(NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania, on March 10, 2020. This revision pertains to the 
Pennsylvania Department of Environmental Protection's (PADEP) 
amendments to 25 Pa. Code Chapters 121 (General Provisions) and 127 
(Construction, Modification, Reactivation and Operation of Sources) to 
implement Federal nonattainment new source review (NNSR) provisions for 
the 2012 annual fine particulate matter (PM2.5) national 
ambient air quality standard (NAAQS). EPA is approving these revisions 
to the Pennsylvania SIP in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This final rule is effective on June 11, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2020-0416. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Amy Johansen, Permits Branch (3AD10), 
Air & Radiation Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone 
number is (215) 814-2156. Ms. Johansen can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 9, 2021 (86 FR 13511), EPA published a notice of proposed 
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM, 
EPA proposed approval of amendments to 25 Pa. Code Chapters 121 
(General Provisions) and 127 (Construction, Modification, Reactivation 
and Operation of Sources) to implement Federal NNSR provisions for the 
2012 PM2.5 NAAQS. Specifically, the SIP revision establishes 
that emissions of volatile organic compounds (VOC) and ammonia are 
precursors to PM2.5 for new and modified major sources 
emitting PM2.5 in nonattainment areas for PM2.5 
in Pennsylvania; \1\ establishes a significant impact level for 
PM2.5; proposes emission offset ratios for emissions of VOC 
and ammonia as PM2.5 precursors; and amends relevant 
definitions. The formal SIP revision was submitted by PADEP on March 
10, 2020.
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    \1\ Allegheny County, Pennsylvania sources are regulated under 
the Allegheny County Health Department's Article XXI, not PADEP 25 
Pa. Code.
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    EPA has revised the NAAQS for PM2.5 on multiple 
occasions, most recently in 2012. On December 14, 2012, the annual 
primary standard for PM2.5 was lowered from 15 micrograms 
per meter cubed ([mu]g/m\3\) to 12 [mu]g/m\3\. See 78 FR 3087 (January 
15, 2013). The existing 24-hour standards (primary and secondary) were 
retained at 35 [mu]g/m\3\, as was the annual secondary standard of 15 
[mu]g/m\3\. Upon promulgation of the 2012 PM2.5 NAAQS, EPA 
formally classified all of Delaware County and Lebanon County, 
Pennsylvania as moderate nonattainment for the 2012 annual 
PM2.5 standard. See 80 FR 2206 (January 15, 2015).\2\ For 
areas designated as nonattainment for one or more NAAQS, the SIP must 
include preconstruction permit requirements for new or modified major 
stationary sources of such nonattainment pollutant(s), commonly 
referred to as ``Nonattainment New Source Review.'' See CAA section 
172(c)(5).
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    \2\ EPA subsequently issued Additional Air Quality Designations 
and Technical Amendment to Correct Inadvertent Error in Air Quality 
Designations for the 2012 Primary Annual Fine Particulate Matter 
(PM2.5), which impacted Delaware and Lebanon counties. 80 
FR 18535, 18549 (April 7, 2015).
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    PADEP's SIP revision revises NNSR permit requirements for major 
sources of PM2.5. Specifically, PADEP's 25 Pa. Code Chapters 
121 and 127 have been amended to implement additional provisions 
pertaining to PM2.5 precursors, as promulgated in EPA's rule 
entitled Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements (2016 Implementation 
Rule). 81 FR 58010 (August 24, 2016).
    As required by EPA's 2016 Implementation Rule, which implements the 
D.C. Circuit court's January 2013 decision in NRDC v. EPA,\3\ areas 
classified as nonattainment for any PM2.5 NAAQS are required 
to comply with the parts of CAA subpart 4 section 189(e) that require 
the control of major sources of PM10 precursors (and hence 
under the court decision, PM2.5 precursors) ``except where 
the Administrator determines that such sources do not contribute 
significantly to PM10 levels which exceed the standard in 
the area.'' \4\ The 2016 Implementation Rule amended the definitions of 
(1) ``regulated NSR pollutant'' with regard to PM2.5 
precursors; (2) ``major stationary source'' with regard to major 
sources of direct PM2.5 emissions and PM2.5 
precursors locating in PM2.5 nonattainment areas classified 
as moderate and serious; and (3) ``significant'' with regard to 
emissions of direct PM2.5 and its precursors.
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    \3\ 706 F.3d 428 (D.C. Cir. 2013).
    \4\ This requirement was codified in 40 CFR 51.165(a)(13). See 
81 FR 58010 (August 24, 2016).
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II. Summary of SIP Revision and EPA Analysis

A. Summary of SIP Revision

    25 Pa. Code Chapters 121 and 127 address NNSR permit requirements 
for major sources of PM2.5. PADEP's SIP revision has been 
amended to implement additional provisions pertaining to precursors, as 
promulgated in EPA's final 2016 Implementation Rule.

B. EPA's Proposed Action

    At proposal, EPA evaluated the revised portions 25 Pa. Code 
Chapters 121 and 127 to determine if the revisions meet current 
applicable requirements for a PM2.5 NNSR permit program, as 
revised by EPA's 2016 Implementation Rule. 25 Pa. Code 121.1--(1) 
contains revisions to clarify that 25 Pa. Code applies to major 
polluting facilities that will emit PM2.5 or its precursors 
in areas designated as

[[Page 25952]]

nonattainment for PM2.5; (2) the definition of ``major 
facility'' has been updated to include a 70 tons per year (tpy) 
emissions threshold for PM2.5 and all precursors to 
PM2.5 in a serious nonattainment area; (3) the definition of 
``regulated NSR pollutant'' has been updated to include sulfur dioxide 
(SO2), VOC, and ammonia in all PM2.5 
nonattainment areas; (4) revisions were made to the definition of 
``significant'' to include emission rates for PM2.5 at 10 
tpy and emission rates for PM2.5 precursors as follows: 40 
tpy of SO2, 40 tpy of VOC, 40 tpy of ammonia, and 40 tpy of 
nitrogen oxides (NOX). Section 127.202(a)--Effective date, 
was amended to establish that emission of VOC and ammonia will be 
regulated as PM2.5 precursors after the effective date of 
the adoption of the proposed rulemaking. EPA proposed to find these 
revisions approvable and consistent with applicable requirements for a 
PM2.5 NNSR permit program, as revised by the 2016 
Implementation Rule.
    Section 127.203(a)--Facilities subject to special permit 
requirements, was amended to add ``significant air quality impact'' 
levels for PM2.5 at 0.2[micro]g/m\3\ for the annual 
averaging time and 1.2 [micro]g/m\3\ for the 24-hour averaging time. 
PADEP's annual averaging time is more stringent than what EPA requires 
in 40 CFR 51.165(b)(2), therefore, EPA finds this more stringent 
requirement approvable. Section 127.210(a)--Offset ratios, establishes 
offset ratios for VOC and ammonia at a ratio of 1:1 for flue emissions 
and fugitive emissions. EPA finds the addition of offset ratios to be 
approvable.
    Other specific provisions of this SIP revision and the rationale 
for EPA's proposed action are explained in the NPRM, and its associated 
technical support document (TSD), and will not be restated here. No 
public comments were received on the NPRM.

III. Final Action

    EPA is approving amendments to 25 Pa. Code Chapters 121 (General 
Provisions) and 127 (Construction, Modification, Reactivation and 
Operation of Sources), as a revision to the Pennsylvania SIP.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of certain 
subsections of 25 Pa. Code Chapters 121 (General Provisions) and 127, 
(Construction, Modification, Reactivation and Operation of Sources), as 
described in the amendments to 40 CFR part 52 sets forth below.
    EPA has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and at the EPA Region III 
Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into that plan, are 
fully federally enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rule of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\5\
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    \5\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 12, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action approving NNSR requirements under the 2012 
PM2.5 NAAQS may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

[[Page 25953]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: May 6, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by:
0
a. Under ``Chapter 121--General Provisions'' by adding a fourth entry 
for ``Section 121.1'' after a third existing entry for ``Section 
121.1'';
0
b. Under ``Chapter 127--Construction, Modification, Reactivation, and 
Operation of Sources, Subchapter E'' by revising the entries for 
``Section 127.202'', ``Section 127.203a'', and ``Section 127.210''.
    The addition and revisions read as follows:


Sec.  52.2020   Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

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                                                                                                  Additional
       State citation               Title/subject              State       EPA approval date   explanation/Sec.
                                                          effective date                       52.2063 citation
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                                       Title 25--Environmental Protection
                                           Article III--Air Resources
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                                                  * * * * * * *
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                                         Chapter 121--General Provisions
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                                                  * * * * * * *
Section 121.1..............  Definitions................        12/21/19  5/12/21, [insert    Revised
                                                                           Federal Register    definitions for
                                                                           citation].          ``major
                                                                                               facility,''
                                                                                               ``regulated NSR
                                                                                               pollutant,'' and
                                                                                               ``significant''
                                                                                               to address 2016
                                                                                               PM2.5
                                                                                               Implementation
                                                                                               Rule
                                                                                               requirements.
 
                                                  * * * * * * *
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                 Chapter 127--Construction, Modification, Reactivation, and Operation of Sources
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                                                  * * * * * * *
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                                         Subchapter E--New Source Review
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                                                  * * * * * * *
Section 127.202............  Effective date.............        12/21/19  5/12/21, [insert    Revised to include
                                                                           Federal Register    VOC and ammonia
                                                                           citation].          as PM2.5
                                                                                               precursors.
                                                                                              Previous approval
                                                                                               was July 13,
                                                                                               2012. Docket No.
                                                                                               EPA-R03-OAR-2011-
                                                                                               0924.
 
                                                  * * * * * * *
Section 127.203a...........  Applicability determination        12/21/19  5/12/21, [insert    Revised to include
                                                                           Federal Register    annual and 24-
                                                                           citation].          hour levels for
                                                                                               ``significant air
                                                                                               quality impacts
                                                                                               for PM2.5.''
                                                                                              Previous approval
                                                                                               was July 13,
                                                                                               2012. Docket No.
                                                                                               EPA-R03-OAR-2011-
                                                                                               0924.
 
                                                  * * * * * * *
Section 127.210............  Offset ratios..............        12/21/19  5/12/21, [insert    Revised to include
                                                                           Federal Register    PM2.5 offset
                                                                           citation].          ratios for both
                                                                                               VOC and ammonia.
                                                                                              Previous approval
                                                                                               was July 13,
                                                                                               2012. Docket No.
                                                                                               EPA-R03-OAR-2011-
                                                                                               0924.
 
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[FR Doc. 2021-10041 Filed 5-11-21; 8:45 am]
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