[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36253-36255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11752]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0479; FRL-10665-02-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: 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. 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 certain infrastructure 
elements for certain sections of the CAA for the 2015 8-hour ozone 
NAAQS. EPA is approving Pennsylvania's submittal addressing these 
infrastructure requirements for the 2015 ozone NAAQS in accordance with 
the requirements of the CAA.

DATES: This final rule is effective on July 3, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2021-0479. All documents in the docket are listed on 
the 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 
www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Dr. Michael O'Shea, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1600 John F Kennedy 
Boulevard, 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:

I. Background

    On February 27, 2023 (88 FR 12301), EPA published a notice of 
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the 
NPRM, EPA proposed approval of the infrastructure requirements 
submitted by Pennsylvania for section 110(a) of the CAA for the 2015 
ozone NAAQS, aside from visibility protection. The formal SIP revision 
was submitted by Pennsylvania on April 20, 2021.
    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.

II. Summary of SIP Revision and EPA Analysis

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

[[Page 36254]]

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.\1\ 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 taking 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 proposed 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 on February 27, 2023, via an NPRM.
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    \1\ See the ``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, included in the docket for this rulemaking action 
available at www.regulations.gov, Docket ID Number EPA-R03-OAR-2021-
0479.
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    Other specific requirements of the infrastructure SIP 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. The NPRM and TSD are available in the docket for this rulemaking 
at www.regulations.gov, Docket ID Number EPA-R03-OAR-2021-0479.

III. EPA's Response to Comments Received

    EPA received one comment which can be found in the docket. The 
commenter expressed support for this action.

IV. Final Action

    EPA is approving Pennsylvania's April 20th, 2021 infrastructure 
submission which satisfies the following 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 110(a)(2)(D)(i)(II). Therefore, EPA is 
not taking action on that element at this time.

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
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The Pennsylvania Department of Environmental Protection (PADEP) did 
not evaluate environmental justice considerations as part of its SIP 
submittal; the CAA and applicable

[[Page 36255]]

implementing regulations neither prohibit nor require such an 
evaluation. EPA did not perform an EJ analysis and did not consider EJ 
in this action. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898 of achieving environmental justice for people 
of color, low-income populations, and Indigenous peoples.

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 August 1, 2023. 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 pertaining to Pennsylvania's section 110(a)(2) 
infrastructure elements 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

Adam Ortiz,
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 
the entry ``Infrastructure State Implementation Plan Revision Clean Air 
Act Sections 110 Applicable Requirements for the 2015 8-Hour Ozone 
National Ambient Air Quality Standard (NAAQS)'' at the end of the table 
to read as follows:


Sec.  52.2020   Identification of plan.

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

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   Name of non-regulatory SIP      Applicable geographic       State                              Additional
            revision                       area           submittal date   EPA approval date      explanation
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                                                  * * * * * * *
Infrastructure State              Statewide.............       4/20/2021  6/2/2023, [insert   This section is
 Implementation Plan Revision                                              Federal Register    amended. This
 Clean Air Act Sections 110                                                citation].          action addresses
 Applicable Requirements for the                                                               the following, or
 2015 8-Hour Ozone National                                                                    portions thereof,
 Ambient Air Quality Standard                                                                  CAA elements:
 (NAAQS).                                                                                      110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(i)(II)(Preven
                                                                                               tion of
                                                                                               Significant
                                                                                               Deterioration),
                                                                                               D(ii), (E), (F),
                                                                                               (G), (H), (J),
                                                                                               (K), (L), and
                                                                                               (M).
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[FR Doc. 2023-11752 Filed 6-1-23; 8:45 am]
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