[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Rules and Regulations]
[Pages 47391-47393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18159]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0706; FRL-8845-02-R3]


Air Plan Approval; Pennsylvania; Emissions Statement Rule 
Certification for the 2015 Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision formally submitted by the 
Commonwealth of Pennsylvania. This revision fulfills Pennsylvania's 
emissions statement requirement for the 2015 ozone national ambient air 
quality standard (NAAQS). This action is being taken under the Clean 
Air Act (CAA).

DATES: This final rule is effective on September 24, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2020-0706. 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: Serena Nichols, 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-
2053. Ms. Nichols can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 14, 2021 (86 FR 26448), EPA published a notice of proposed 
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM, 
EPA proposed approval of the Commonwealth's certification that the 
Commonwealth's emissions statement regulation meets the emissions 
statement requirement of section 182(a)(3)(B) of the CAA for the 2015 
ozone NAAQS. The formal SIP revision was submitted by the Commonwealth 
of Pennsylvania, through the Pennsylvania Department of Environmental 
Protection (PADEP), on April 23, 2020.

II. Summary of SIP Revision and EPA Analysis

    Pennsylvania's emissions statement requirements are codified at 25 
Pa Code chapter 135. Specifically, section 135.21, in accordance with 
CAA section 182(a)(3)(B), applies to nitrogen oxides (NOX) 
and volatile organic compounds (VOC) sources within marginal (or worse) 
nonattainment areas, as well as major NOX and VOC sources 
located in attainment areas located within the ozone transport region 
(i.e. the remainder of the Commonwealth). Affected sources are required 
annually to provide PADEP with a statement containing the source's 
actual NOX and VOC emissions, the method used to calculate 
those emissions, the time period over which the calculations are based, 
and a certification by an appropriate company officer that the 
statement is accurate. 25 Pa Code 135.21 also contains a waiver for 
sources emitting less than 25 tons per year, in accordance with CAA 
section182(a)(3)(B)(ii). Additionally, 25 Pa Code 135.5 contains 
recordkeeping requirements necessary to document the

[[Page 47392]]

data presented in the annual emissions statements.
    PADEP's April 23, 2020 submittal contains a certification that the 
existing emissions statement program remains adequate under the 
revised, 2015 ozone NAAQS. Other specific requirements of PADEP's April 
23, 2020 submittal and the rationale for EPA's proposed action are 
explained in the NPRM and will not be restated here. No public comments 
were received on the NPRM.

III. Final Action

    EPA is approving, as a SIP revision, the Commonwealth of 
Pennsylvania's April 23, 2020 emissions statement certification for the 
2015 ozone NAAQS as approvable under CAA section 182(a)(3)(B). The 
Commonwealth's emissions statement certification certifies that the 
Commonwealth's existing SIP-approved emissions statement program under 
25 Pa Code chapter 135 satisfies the requirements of CAA section 
182(a)(3)(B) for the 2015 ozone NAAQS.

IV. 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 October 25, 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 the District's emissions statement 
certification for the 2015 ozone NAAQS may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 17, 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 (e)(1) is amended by adding 
an entry for ``Emissions Statement Certification for the 2015 Ozone 
National Ambient Air Quality Standard'' at the end of the table to read 
as follows:


Sec.  52.2020   Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

[[Page 47393]]



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                                                            State
    Name of non-regulatory SIP          Applicable        submittal     EPA approval date        Additional
             revision                 geographic area        date                                explanation
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                                                  * * * * * * *
Emissions Statement Certification  The Pennsylvania          4/23/20  8/25/21, [insert      Certification that
 for the 2015 Ozone National        portion of the                     Federal Register      Pennsylvania's
 Ambient Air Quality Standard.      Philadelphia-                      citation].            previously SIP-
                                    Wilmington-Atlantic                                      approved
                                    City (PA-NJ-MD-DE)                                       regulations at 25
                                    nonattainment area                                       Pa Code chapter 135
                                    for the 2015 ozone                                       meet the emissions
                                    NAAQS.                                                   statement
                                                                                             requirements of CAA
                                                                                             section
                                                                                             182(a)(3)(B) for
                                                                                             the 2015 ozone
                                                                                             NAAQS.
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[FR Doc. 2021-18159 Filed 8-24-21; 8:45 am]
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