[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Proposed Rules]
[Pages 32379-32381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11498]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0121; FRL-9823-01-R3]


Air Plan Approval; Pennsylvania; 2015 Ozone National Ambient Air 
Quality Standard Nonattainment New Source Review Certification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve this state implementation plan (SIP) revision that will fulfill 
Pennsylvania's nonattainment new source review (NNSR) SIP element 
requirement for the 2015 8-hour ozone national ambient air quality 
standard (NAAQS). This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before June 30, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0121 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

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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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Justin Leary, Permits Branch (3AD10), 
Air & Radiation Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone 
number is (215) 814-2189. Mr. Leary can also be reached via electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION: On January 8, 2021, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted a revision on 
behalf of the Commonwealth of Pennsylvania (Commonwealth or 
Pennsylvania) for its SIP. The revision comprises the NNSR 
Certification for the 2015 8-hour ozone NAAQS. Pennsylvania is 
certifying that the Commonwealth's federally approved nonattainment new 
source review regulation in 25 Pennsylvania Code of Regulations (Pa. 
Code) Chapter 127 applies statewide and covers the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment area for the 2015 
ozone NAAQS. Pennsylvania asserts that its nonattainment new source 
review program is at least as stringent as the requirements at 40 CFR 
51.165, as amended by the final rule titled ``Implementation of the 
2015 National Ambient Air Quality Standards for Ozone: Nonattainment 
Area State Implementation Plan Requirements'' (SRR) for ozone and its 
precursors. See 83 FR 62998 (December 6, 2018).

I. Background

    EPA promulgated a revised 8-hour ozone NAAQS of 0.070 parts per 
million (ppm). 80 FR 65452 (October 26, 2015). Under EPA's regulation 
at 40 CFR 50.19 the 2015 8-hour ozone standard is obtained when the 
three-year average of the fourth-highest daily maximum 8-hour average 
ambient air quality ozone concentration is less than or equal to 0.070 
ppm.
    Upon promulgation of a new or revised NAAQS, the CAA requires that 
EPA designate as nonattainment any area that is violating the NAAQS 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. The Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE nonattainment Area was designated 
nonattainment and classified as a marginal nonattainment area for the 
2015 8-hour ozone NAAQS on August 3, 2018. Based on initial 
nonattainment designations for the 2015 8-hour ozone NAAQS, as well as 
the December 6, 2018, final SRR, Pennsylvania was required to develop a 
SIP revision addressing specific CAA requirements for the Philadelphia 
Area and submit to EPA a NNSR Certification SIP or SIP revision no 
later than 36 months after the effective date of area designations for 
the 2015 8-hour ozone NAAQS (i.e., August 3, 2021). See 83 FR 62998 
(December 6, 2018). EPA's analysis of how this SIP revision addresses 
the NNSR requirements for the 2015 8-hour ozone NAAQS is provided in 
Section II of this rulemaking action.

II. Summary of SIP Revision and EPA Analysis

    This rulemaking action is specific to Pennsylvania's NNSR 
requirements. NNSR is a preconstruction review permit program that 
applies to new major stationary sources or major modifications at 
existing sources located in a nonattainment area. The specific NNSR 
requirements for the 2015 8-hour ozone NAAQS are located in 40 CFR 
51.160-165.
    The minimum SIP requirements for NNSR permitting programs for the 
2015 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR 
51.1314. Under the 2015 8-hour ozone NAAQS NNSR SIP requirements, the 
SIP for each ozone nonattainment area must contain NNSR provisions 
that: (1) Set major source thresholds for oxides of nitrogen 
(NOX) and volatile organic compounds (VOCs) pursuant to 40 
CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv); (2) classify physical changes as a 
major source if the change would constitute a major source by itself 
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); (3) consider any significant 
net emissions increase of NOX as a significant net emissions 
increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); (4) consider 
certain increases of VOC emissions in extreme ozone nonattainment areas 
as a significant net emissions increase and a major modification for 
ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); (5) set significant 
emissions rates for VOCs and NOX as ozone precursors 
pursuant to 40 CFR 51.165(a)(1)(x)(A)-(C) and (E); (6) contain 
provisions for emissions reductions credits pursuant to 40 CFR 
51.165(a)(3)(ii)(C)(1)-(2); (7) provide that the requirements 
applicable to VOC also apply to NOX pursuant to 40 CFR 
51.165(a)(8); (8) set offset ratios for VOC and NOX pursuant 
to 40 CFR 51.165(a)(9)(i)-(iii) (renumbered as (a)(9)(ii)-(iv) under 
the SIP Requirements Rule for the 2008 8-hour ozone NAAQS); and (9) in 
meeting emissions offset requirement of paragraph (a)(3), the emission 
offsets obtained be for the same regulated NSR pollutant with the 
exception of direct fine particulate matter (PM2.5) 
emissions and emission of precursors of PM2.5 pursuant 40 
CFR 51.165(a)(11).
    Pennsylvania's SIP approved NNSR program, established in the Pa. 
Code Rule 25 Pa. Code Chapter 127--Construction, Modification, 
Reactivation, and Operation of Sources, applies to the construction and 
modification of major stationary sources in nonattainment areas. In its 
October 30, 2017, SIP revision, Pennsylvania certifies that the version 
of 25 Pa. Code Chapter 127 in the SIP is at least as stringent as the 
Federal NNSR requirements for the Philadelphia-Wilmington-Atlantic 
City, PA-NJ-MD-DE nonattainment area. EPA last approved revisions to 
Pennsylvania's major NNSR SIP on February 22, 2019. In that action, EPA 
approved Pennsylvania's NNSR program under the 2008 8-hour ozone NAAQS 
and made PADEP's NNSR program consistent with Federal requirements. See 
84 FR 5598 (February 22, 2019). The version of 25 Pa. Code Chapter 127 
that is contained in the current SIP and covers the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment area and is 
adequate to meet all applicable NNSR requirements for the 2015 8-hour 
ozone NAAQS found in 40 CFR 51.165, and the SRR.

III. Proposed Action

    EPA's review of this material indicates that Pennsylvania's 
submission fulfills the 40 CFR 51.1114 revision requirement, meets the 
requirements of CAA sections 110 and 172 and the minimum SIP 
requirements of 40 CFR 51.165. EPA is proposing to approve 
Pennsylvania's SIP revision addressing the NNSR requirements for the 
2015 8-hour ozone NAAQS for the Philadelphia Area, which was submitted 
on January 8, 2020. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action

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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);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rulemaking, approving Pennsylvania's 
2015 8-hour ozone NAAQS Certification SIP revision for NNSR, does not 
have tribal implications as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000), because the SIP is not approved to apply in 
Indian country located in the State, and EPA notes that it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

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

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-11498 Filed 5-27-22; 8:45 am]
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