[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Proposed Rules]
[Pages 12301-12302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03860]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0479; FRL-10665-01-R3]


Air Plan Approval; Pennsylvania; Infrastructure State 
Implementation Plan Revision Clean Air Act Section 110 Applicable 
Requirements for the 2015 8-Hour Ozone National Ambient Air Quality 
Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
Commonwealth of Pennsylvania. Whenever EPA promulgates a new or revised 
national ambient air quality standard (NAAQS or standard), the Clean 
Air Act (CAA) requires states to make SIP submissions to provide for 
the implementation, maintenance, and enforcement of the NAAQS. The 
infrastructure requirements are designed to ensure that the structural 
components of each state's air quality management program are adequate 
to meet the state's responsibilities under the CAA. Pennsylvania has 
formally submitted a SIP revision addressing the following 
infrastructure elements, or portions thereof, of certain sections of 
the CAA for the 2015 8-hour ozone NAAQS. EPA is proposing to approve 
Pennsylvania's submittal addressing the infrastructure requirements for 
the 2015 ozone NAAQS in accordance with the requirements of the CAA 
apart from visibility protection, which was not submitted with the 
current action.

DATES: Written comments must be received on or before March 29, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0479 at 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 www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michael O'Shea, 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-
2064. Dr. O'Shea can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On April 20, 2021, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted a revision to 
its SIP to satisfy most of the requirements of section 110(a) of the 
CAA for the 2015 ozone NAAQS.

I. Background

    Under the CAA, EPA establishes NAAQS for criteria pollutants to 
protect human health and the environment. On October 26, 2015, EPA 
issued a final rule revising both the primary and secondary ozone NAAQS 
for ground-level ozone to 0.070 parts per million (ppm), based on the 
fourth-highest maximum daily 8-hour ozone concentration per year, 
averaged over three years. 80 FR 65292.
    Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This type of 
SIP submission is commonly referred to as an ``infrastructure SIP.'' 
These submissions must meet the various requirements of CAA section 
110(a)(2), as applicable, within three years after promulgation of a 
new or revised NAAQS or within such shorter period as EPA may 
prescribe. Section 110(a)(1) of the CAA provides the procedural and 
timing requirements for SIPs, while section 110(a)(2) lists specific 
elements that states must meet for infrastructure SIP requirements 
related to a newly established or revised NAAQS. Section 110(a)(2) 
requires states to address basic SIP elements such as requirements for 
monitoring, basic program framework and adequate legal authority that 
are designed to assure attainment and maintenance of the NAAQS. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The content of such SIP submissions may also vary depending 
upon what provisions the state's existing SIP already contains. In the 
case of the 2015 ozone NAAQS, states typically have met the basic 
program elements required in section 110(a)(2) through earlier SIP 
submissions in connection with the 1997 and 2008 ozone NAAQS.
    Due to ambiguity in some of the language of CAA section 110(a)(2), 
EPA believes that it is appropriate to interpret these provisions in 
the specific context of acting on infrastructure SIP submissions. EPA 
has previously provided comprehensive guidance on the application of 
these provisions through a guidance document for infrastructure SIP 
submissions and through regional actions on infrastructure 
submissions.\1\ Unless otherwise noted below, EPA is following that 
existing approach in acting on Pennsylvania's submission. In addition, 
in the context of acting on such infrastructure submissions, EPA 
evaluates the submitting state's SIP for facial compliance with 
statutory and regulatory requirements, not for the state's 
implementation of its SIP.\2\ EPA has other authority to address any 
issues concerning a state's implementation of the rules, regulations, 
consent orders, etc. that comprise its SIP.
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    \1\ EPA explains and elaborates on these ambiguities and its 
approach to address them in ``Guidance on Infrastructure State 
Implementation Plan (SIP) Elements under Clean Air Act sections 
110(a)(1) and 110(a)(2),'' Memorandum from Stephen D. Page, 
September 13, 2013 (also referred to as ``2013 Infrastructure 
Guidance''), included in the docket for this rulemaking action 
available at www.regulations.gov, Docket ID Number EPA-R03-OAR-2021-
0479.
    \2\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th 
Cir. 2018).
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II. Summary of SIP Revision and EPA Analysis

    On April 20, 2021, the Commonwealth of Pennsylvania formally 
submitted, through PADEP, a SIP revision to satisfy the infrastructure 
requirements of CAA section 110(a) for the 2015 ozone NAAQS (referred 
to as ``Pennsylvania's submittal'').

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Pennsylvania's submittal addresses the following infrastructure 
elements, or portions thereof, for the 2015 ozone NAAQS: CAA section 
110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant 
deterioration (PSD)), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and 
(M).
    Pennsylvania's submittal does not address the following elements of 
CAA section 110(a)(2): sub-element (D)(i)(I) related to interstate 
transport; and element (I), which pertains to the nonattainment 
requirements of part D, title I of the CAA. Also, the Pennsylvania 
infrastructure SIP submittal addressed the PSD portion of section 
110(a)(2)(D)(i)(II) but provided only narrative context regarding the 
history of the visibility protection portion of 
section110(a)(2)(D)(i)(II). Therefore, EPA is not taking action on the 
visibility protection element of 110(a)(2)(D)(i)(II) at this time.
    With respect to element (I), according to EPA's 2013 Infrastructure 
Guidance, element (I) pertains to part D of title I of the CAA, which 
addresses SIP requirements and submission deadlines for areas 
designated nonattainment for a NAAQS. This element pertains to SIP 
revisions that are collectively referred to as nonattainment SIPs or 
attainment plans. Such SIP revisions are required if an area is 
designated nonattainment and, if required, would be due to EPA by the 
dates statutorily prescribed in CAA part D, subparts 2 through 5. 
Because the CAA directs states to submit these plan elements on a 
separate schedule, EPA does not believe it is necessary for states to 
include these elements in the infrastructure SIP submission due three 
years after adoption or revision of a NAAQS.\3\ Pennsylvania's 
submittal also did not address the portion of CAA section 
110(a)(2)(D)(i)(I) related to interstate transport for the 2015 ozone 
NAAQS. Therefore, EPA is not proposing any action related to 
Pennsylvania's obligations under section 110(a)(2)(D)(i)(I) for the 
2015 ozone NAAQS. Based upon EPA's review of Pennsylvania's submittal, 
EPA is proposing to determine that Pennsylvania's submittal satisfies 
the infrastructure elements of CAA section 110(a)(2)(A), (B), (C), 
(D)(i)(II) (PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) 
for the 2015 ozone NAAQS.
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    \3\ See ``Guidance on Infrastructure State Implementation Plan 
(SIP) Elements under Clean Air Act sections 110(a)(1) and 
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013, 
for reference.
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    A detailed summary of EPA's review and rationale for approving 
Pennsylvania's submittal may be found in the technical support document 
(TSD) for this proposed rulemaking action included in the docket for 
this rulemaking action and available at www.regulations.gov, Docket ID 
Number EPA-R03-OAR-2021-0479.

III. Proposed Action

    EPA is proposing to find that Pennsylvania's April 20, 2021 
submittal satisfies the following infrastructure requirements of CAA 
section 110(a) for the 2015 ozone NAAQS: CAA section 110(a)(2)(A), (B), 
(C), (D)(i)(II) (PSD), (D)(ii), (E) (F), (G), (H), (J), (K), (L), and 
(M). Pennsylvania's submittal did not address the following 
infrastructure elements: CAA section 110(a)(2)(D)(i)(I) related to 
interstate transport; and CAA section 110(a)(2)(I) pertaining to the 
nonattainment requirements of part D, title I of the CAA. Therefore, 
EPA is not taking action on these elements. Furthermore, Pennsylvania's 
submittal included only narrative historical information pertaining to 
the visibility protection element of section 110(a)(2)(D)(i)(II). 
Therefore, EPA is not taking action on that element at this time. EPA 
is soliciting public comments on the approvability of these 
infrastructure SIP elements as set forth here and in the Technical 
Support Document in the docket for this action. These comments will be 
considered before taking final action. Please refer to the TSD for this 
rulemaking which is available online at www.regulations.gov, Docket 
number EPA-R03-OAR-2021-00479, for further discussion of each element 
being associated with this approval.

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 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, pertaining to Pennsylvania's 
110 (a) infrastructure requirements for the 2015 ozone NAAQS, 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2023-03860 Filed 2-24-23; 8:45 am]
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