80 FR 28906 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Pittsburgh-Beaver Valley Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 97 (May 20, 2015)
Federal Register Volume 80, Issue 97 (May 20, 2015)
| Page Range | 28906-28925 | |
| FR Document | 2015-12237 |
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)] [Proposed Rules] [Pages 28906-28925] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12237] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R03-OAR-2015-0029; FRL-9928-00-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Pittsburgh-Beaver Valley Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve the Commonwealth of Pennsylvania's December 22, 2014 request to redesignate to attainment the Pittsburgh-Beaver Valley nonattainment area (Pittsburgh Area or Area) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS or standards). EPA is also proposing to determine that the Area continues to attain the 1997 annual and 2006 24-hour PM2.5 NAAQS. In addition, EPA is proposing to approve as a revision to the Pennsylvania State Implementation Plan (SIP) the associated maintenance plan that was submitted with the redesignation [[Page 28907]] request, to show maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS through 2025 for the Area. EPA is also proposing to approve as revisions to the Pennsylvania SIP the 2007 emissions inventories for the 1997 annual PM2.5 NAAQS and the 2011 emissions inventories for the 2006 24-hour PM2.5 NAAQS that were included in the maintenance plan. The maintenance plan also included the 2017 and 2025 PM2.5 and nitrogen oxides (NOX ) motor vehicle emissions budgets (MVEBs) for the Area for both NAAQS which EPA is proposing to approve for conformity purposes. This rulemaking action to propose approval of the 1997 annual and 2006 24-hour PM2.5 NAAQS redesignation request and associated maintenance plan for the Area is based on EPA's determination that Pennsylvania has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA) for both NAAQS. DATES: Written comments must be received on or before June 19, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2015-0029 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: [email protected]. C. Mail: EPA-R03-OAR-2015-0029, Cristina Fernandez, Associate Director, Office of Air Quality Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA-R03-OAR- 2015-0029. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania. Copies of the State submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182 or by email at [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. EPA's Requirements A. Criteria for Redesignation to Attainment B. Requirements of a Maintenance Plan III. Summary of Proposed Actions IV. Effects of Recent Court Decisions on Proposed Actions A. Effect of the Court Decisions Regarding EPA's CSAPR B. Effect of the D.C. Circuit Court Decision Regarding PM2.5 Implementation Under Subpart 4 of Part D of Title I of the CAA V. EPA's Analysis of Pennsylvania's Submittal A. Redesignation Request B. Maintenance Plan C. Motor Vehicle Emissions Budgets VI. Proposed Actions VII. Statutory and Executive Order Reviews I. Background The first air quality standards for PM2.5 were established on July 18, 1997 (62 FR 38652). EPA promulgated an annual standard at a level of 15 micrograms per cubic meter ([mu]g/m\3\), based on a three-year average of annual mean PM2.5 concentrations (the 1997 annual PM2.5 NAAQS). In the same rulemaking action, EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a three-year average of the 98th percentile of 24-hour concentrations. On January 5, 2005 (70 FR 944), EPA published air quality area designations for the 1997 PM2.5 NAAQS. In that rulemaking action, EPA designated the Pittsburgh-Beaver Valley Area as nonattainment for the 1997 annual PM2.5 NAAQS. Id. at 1000. The Pittsburgh-Beaver Valley Area is comprised of Beaver, Butler, Washington, Westmoreland Counties and portions of Allegheny, Armstrong, Green and Lawrence Counties. See 40 CFR 81.339. On October 17, 2006 (71 FR 61144), EPA retained the annual average standard at 15 [mu]g/m\3\, but revised the 24-hour standard to 35 [mu]g/m\3\, based again on the three-year average of the 98th percentile of 24-hour concentrations (the 2006 24-hour PM2.5 NAAQS). On November 13, 2009 (74 FR 58688), EPA published designations for the 2006 24-hour PM2.5 NAAQS, which became effective on December 14, 2009. In that rulemaking action, EPA designated the Pittsburgh-Beaver Valley Area as nonattainment for the 2006 24-hour PM2.5 NAAQS. See 40 CFR 81.339. On October 12, 2012 (77 FR 62147) and May 2, 2014 (79 FR 25014), EPA made determinations that the Pittsburgh Area had attained the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively. Pursuant to 40 CFR 51.1004(c) and based on these determinations, the requirements for the Area to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning SIPs related to the attainment of either the 1997 annual or 2006 24- hour PM2.5 NAAQS were, and continue to be, suspended until such time as: the Area is redesignated to attainment for each standard, at which time the requirements no longer apply; or EPA determines that the Area has again violated any of the standards, at which time such plans are required to be submitted. On October 12, 2012 (77 FR 62147), EPA also determined in accordance with section 179(c) of the CAA, that the Pittsburgh Area attained [[Page 28908]] the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010. On December 22, 2014, the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP), formally submitted a request to redesignate the Pittsburg-Beaver Valley Area from nonattainment to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS. Concurrently, PADEP submitted a combined maintenance plan for the 1997 annual and 2006 24-hour PM2.5 NAAQS for the Area as a SIP revision to ensure continued attainment throughout the Area over the next 10 years. The maintenance plan includes the 2017 and 2025 PM2.5 and NOX MVEBs for the Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS. The maintenance plan also includes the 2007 comprehensive emissions inventories for the 1997 annual PM2.5 NAAQS and the 2011 comprehensive emissions inventories for the 2006 24-hour PM2.5 NAAQS for PM2.5 , NOX , sulfur dioxide (SO2 ), volatile organic compounds (VOCs), and ammonia (NH3 ). In this proposed rulemaking action, EPA addresses the effects of several decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit Court) and a decision of the United States Supreme Court: (1) The D.C. Circuit Court's August 21, 2012 decision to vacate and remand to EPA the Cross-State Air Pollution Control Rule (CSAPR); (2) the Supreme Court's April 29, 2014 reversal of the vacature of CSAPR, and remand to the D.C. Circuit Court; (3) the D.C. Circuit Court's October 23, 2014 decision to lift the stay of CSAPR; and (4) the D.C. Circuit Court's January 4, 2013 decision to remand to EPA two final rules implementing the 1997 annual PM2.5 NAAQS. II. EPA's Requirements A. Criteria for Redesignation to Attainment The CAA provides the requirements for redesignating a nonattainment area to attainment. Specifically, section 107(d)(3)(E) of the CAA allows for redesignation providing that: (1) EPA determines that the area has attained the applicable NAAQS; (2) EPA has fully approved the applicable implementation plan for the area under section 110(k); (3) EPA determines that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the applicable SIP and applicable Federal air pollutant control regulations and other permanent and enforceable reductions; (4) EPA has fully approved a maintenance plan for the area as meeting the requirements of section 175A of the CAA; and (5) the state containing such area has met all requirements applicable to the area under section 110 and part D of the CAA. Each of these requirements are discussed in Section V. of this proposed rulemaking action. EPA provided guidance on redesignations in the ``SIPs; General Preamble for the Implementation of Title I of the CAA Amendments of 1990,'' (57 FR 13498, April 16, 1992) (the General Preamble) and has provided further guidance on processing redesignation requests in the following documents: (1) ``Procedures for Processing Requests to Redesignate Areas to Attainment,'' Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992 (hereafter referred to as the 1992 Calcagni Memorandum); (2) ``SIP Actions Submitted in Response to CAA Deadlines,'' Memorandum from John Calcagni, Director, Air Quality Management Division, October 28, 1992; and (3) ``Part D New Source Review (Part D NSR) Requirements for Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D. Nichols, Assistant Administrator for Air and Radiation, October 14, 1994. B. Requirements of a Maintenance Plan Section 175A of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. Under section 175A, the plan must demonstrate continued attainment of the applicable NAAQS for at least 10 years after approval of a redesignation of an area to attainment. Eight years after the redesignation, the state must submit a revised maintenance plan demonstrating that attainment will continue to be maintained for the 10 years following the initial 10-year period. To address the possibility of future NAAQS violations, the maintenance plan must contain such contingency measures, with a schedule for implementation, as EPA deems necessary to assure prompt correction of any future PM2.5 violations. The 1992 Calcagni Memorandum provides additional guidance on the content of a maintenance plan. The Memorandum states that a maintenance plan should address the following provisions: (1) An attainment emissions inventory; (2) a maintenance demonstration showing maintenance for 10 years; (3) a commitment to maintain an ambient air quality monitoring network in accordance with 40 CFR part 58; (4) verification of continued attainment; and (5) a contingency plan to prevent or correct future violations of the NAAQS. Under the CAA, states are required to submit, at various times, control strategy SIP revisions for nonattainment areas and maintenance plans for areas seeking redesignation to attainment for a given NAAQS. These emission control strategy SIP revisions (e.g., RFP and attainment demonstration SIP revisions) and maintenance plans also create MVEBs based on onroad mobile source emissions for the relevant criteria pollutants and/or their precursors, where appropriate, to address pollution from onroad transportation sources. The MVEBs are the portions of the total allowable emissions that are allocated to onroad vehicle use that, together with emissions from all other sources in the area, will provide attainment, RFP, or maintenance, as applicable. The budget serves as a ceiling on emissions from an area's planned transportation system. Under 40 CFR part 93, a MVEB for an area seeking a redesignation to attainment is established for the last year of the maintenance plan. The maintenance plan for the Pittsburgh Area, comprised of Beaver, Butler, Washington, Westmoreland Counties and portions of Allegheny, Armstrong, Green and Lawrence Counties in Pennsylvania, includes the 2017 and 2025 PM2.5 and NOX MVEBs for transportation conformity purposes. The transportation conformity determination for the Area is further discussed in Section V.C. of this proposed rulemaking action and in a technical support document (TSD), ``Adequacy Findings for the Motor Vehicle Emissions Budgets (MVEBs) in the 1997 Annual Fine Particulate Matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS) and the 2006 24-Hour PM2.5 NAAQS Maintenance Plan for the Pittsburgh-Beaver Valley, Pennsylvania (PA) Nonattainment Area'' (Adequacy Findings TSD), dated April 23, 2015, available on line at www.regulations.gov, Docket ID No. EPA-R03-OAR-2015-0029. III. Summary of Proposed Actions EPA is proposing to take several rulemaking actions related to the redesignation of the Pittsburgh Area to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA is proposing to find that the Pittsburgh Area meets the requirements for redesignation of the 1997 annual and 2006 24-hour PM2.5 NAAQS under section 107(d)(3)(E) of the CAA. EPA is thus proposing to approve [[Page 28909]] Pennsylvania's request to change the legal designation of the Pittsburgh-Beaver Valley Area from nonattainment to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA is also proposing to approve the associated maintenance plan for the Pittsburgh Area as a revision to the Pennsylvania SIP for the 1997 annual and 2006 24-hour PM2.5 NAAQS, including the 2017 and 2025 PM2.5 and NOX MVEBs for the Area for transportation conformity purposes. Approval of the maintenance plan is one of the CAA criteria for redesignation of the Area to attainment for both NAAQS. Pennsylvania's combined maintenance plan is designed to ensure continued attainment of the 1997 annual and 2006 24-hour PM2.5 NAAQS in the Area for at least 10 years after redesignation. EPA previously determined that the Pittsburgh Area attained both the 1997 annual and 2006 24-hour PM2.5 NAAQS (see 77 FR 62147 (October 12, 2012) and 79 FR 25014 (May 2, 2014)), and EPA is proposing to find that the Area continues to attain both NAAQS. In order to meet the requirements of section 172(c)(3) of the CAA, EPA is also proposing to approve the 2007 comprehensive emissions inventories for the 1997 annual PM2.5 NAAQS and the 2011 comprehensive emissions inventories for the 2006 24-hour PM2.5 NAAQS submitted with Pennsylvania's maintenance plan that includes an inventory of PM2.5, SO2 , NOX , VOC, and NH3 for the Area as a revision to the Pennsylvania SIP. EPA's analysis of the proposed actions is provided in Section V. of this proposed rulemaking. IV. Effects of Recent Court Decisions on Proposed Actions A. Effect of the Court Decisions Regarding EPA's CSAPR 1. Background The D.C. Circuit Court and the Supreme Court have issued a number of decisions and orders regarding the status of EPA's regional trading programs for transported air pollution, the Clean Air Interstate Rule (CAIR) and CSAPR, that impact this proposed redesignation action. In 2008, the D.C. Circuit Court initially vacated CAIR, North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule to EPA without vacatur to preserve the environmental benefits provided by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit Court's remand, EPA promulgated CSAPR, to address interstate transport of emissions and resulting secondary air pollutants and to replace CAIR.\1\ CSAPR requires substantial reductions of SO2 and NOX emissions from electric generating units (EGUs) in 28 states in the Eastern United States. Implementation of CSAPR was scheduled to begin on January 1, 2012, when CSAPR's cap-and-trade programs would have superseded the CAIR cap-and-trade programs. Numerous parties filed petitions for review of CSAPR, and on December 30, 2011, the D.C. Circuit Court issued an order staying CSAPR pending resolution of the petitions and directing EPA to continue to administer CAIR. EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. Dec. 30, 2011), Order at 2. --------------------------------------------------------------------------- \1\ CAIR addressed the 1997 annual PM2.5 NAAQS and the 1997 8-hour ozone NAAQS. CSAPR addresses contributions from upwind states to downwind nonattainment and maintenance of the 2006 24-hour PM2.5 NAAQS as well as the ozone and PM2.5 NAAQS addressed by CAIR. --------------------------------------------------------------------------- On August 21, 2012, the D.C. Circuit Court issued its ruling, vacating and remanding CSAPR to EPA and once again ordering continued implementation of CAIR. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit Court subsequently denied EPA's petition for rehearing en banc. EME Homer City Generation, L.P. v. EPA, No. 11-1302, 2013 WL 656247 (D.C. Cir. Jan. 24, 2013), at *1. EPA and other parties then petitioned the Supreme Court for a writ of certiorari, and the Supreme Court granted the petitions on June 24, 2013. EPA v. EME Homer City Generation, L.P., 133 S. Ct. 2857 (2013). On April 29, 2014, the Supreme Court vacated and reversed the D.C. Circuit Court's decision regarding CSAPR, and remanded that decision to the D.C. Circuit Court to resolve remaining issues in accordance with its ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). EPA moved to have the stay of CSAPR lifted by the D.C. Circuit Court in light of the Supreme Court decision. EME Homer City Generation, L.P. v. EPA, Case No. 11-1302, Document No. 1499505 (D.C. Cir. filed June 26, 2014). In its motion, EPA asked the D.C. Circuit Court to toll CSAPR's compliance deadlines by three years, so that the Phase 1 emissions budgets apply in 2015 and 2016 (instead of 2012 and 2013), and the Phase 2 emissions budgets apply in 2017 and beyond (instead of 2014 and beyond). On October 23, 2014, the D.C. Circuit Court granted EPA's motion and lifted the stay of CSAPR which was imposed on December 30, 2011. EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. Oct. 23, 2014), Order at 3. On December 3, 2014, EPA issued an interim final rule to clarify how EPA will implement CSAPR consistent with the D.C. Circuit Court's order granting EPA's motion requesting lifting the stay and tolling the rule's deadlines. See 79 FR 71663 (December 3, 2014) (interim final rulemaking). Consistent with that rule, EPA began implementing CSAPR on January 1, 2015. 2. Proposal on This Issue Because CAIR was promulgated in 2005 and incentivized sources and states to begin achieving early emission reductions, the air quality data examined by EPA in issuing a final determination of attainment for the Pittsburgh Area in 2012 (October 12, 2012, 77 FR 62147) and the air quality data from the Area since 2005 necessarily reflect reductions in emissions from upwind sources as a result of CAIR, and Pennsylvania included CAIR as one of the measures that helped to bring the Area into attainment. However, modeling conducted by EPA during the CSAPR rulemaking process, which used a baseline emissions scenario that ``backed out'' the effects of CAIR, see 76 FR 48223, projected that the counties in the Pittsburgh Area would have design values below the 1997 annual and the 2006 24-hour PM2.5 NAAQS for 2012 and 2014 without taking into account emission reductions from CAIR or CSAPR. See Appendix B of EPA's ``Air Quality Modeling Final Rule Technical Support Document,'' (Pages B-57, B-58, B-85, B-86 and B-87), which is available in the docket for this proposed rulemaking action. In addition, the 2011-2013 quality-assured, quality-controlled, and certified monitoring data for the Pittsburgh Area confirms that the PM2.5 design values for the Area remained well below the 1997 annual and 2006 24- hour PM2.5 NAAQS in 2013. The status of CSAPR is not relevant to this redesignation. CSAPR was promulgated in June 2011, and the rule was stayed by the D.C. Circuit Court just six months later, before the trading programs it created were scheduled to go into effect. As stated previously, EPA began implementing CSAPR on January 1, 2015, subsequent to the emission reductions documented in the Commonwealth's December 22, 2014 request for resedignation. Therefore, the Area's attainment of the 1997 annual or the 2006 24-hour PM2.5 NAAQS cannot have been a result of any emission reductions associated with CSAPR. In summary, neither the status of CAIR nor the current status of CSAPR affects any of the criteria for proposed approval of [[Page 28910]] this redesignation request for the Pittsburgh Area. B. Effect of the D.C. Circuit Court Decision Regarding PM2.5 Implementation Under Subpart 4 of Part D of Title I of the CAA 1. Background On January 4, 2013, in NRDC v. EPA, the D.C. Circuit Court remanded to EPA the ``Final Clean Air Fine Particle Implementation Rule'' (72 FR 20586, April 25, 2007) and the ``Implementation of the New Source Review (NSR) Program for PM2.5 '' final rule (73 FR 28321, May 16, 2008) (collectively, 1997 PM2.5 Implementation Rule). 706 F.3d 428 (D.C. Cir. 2013). The D.C. Circuit Court found that EPA erred in implementing the 1997 annual PM2.5 NAAQS pursuant to the general implementation provisions of subpart 1 of part D of Title I of the CAA (subpart 1), rather than the particulate- matter-specific provisions of subpart 4 of part D of Title I (subpart 4). Prior to the January 4, 2013 decision, the states had worked towards meeting the air quality goals of the 1997 and 2006 PM2.5 NAAQS in accordance with EPA regulations and guidance derived from subpart 1 of part D of Title I of the CAA. In response to the D.C. Circuit Court's remand, EPA took this history into account by setting a new deadline for any remaining submissions that may be required for moderate nonattainment areas as a result of the D.C. Circuit Court's decision regarding the applicability of subpart 4 of part D of Title I of the CAA. On June 2, 2014 (79 FR 31566), EPA issued a final rule, ``Identification of Nonattainment Classification and Deadlines for Submission of SIP Provisions for the 1997 and 2006 PM2.5 NAAQS'' (the PM2.5 Subpart 4 Classification and Deadline Rule), which identifies the classification under subpart 4 as ``moderate'' for areas currently designated nonattainment for the 1997 annual and/or 2006 24-hour PM2.5 NAAQS. The rule set a deadline for states to submit attainment plans and meet other subpart 4 requirements. The rule specified December 31, 2014 as the deadline for states to submit any additional attainment-related SIP elements that may be needed to meet the applicable requirements of subpart 4 for areas currently designated nonattainment for the 1997 PM2.5 and/or 2006 PM2.5 NAAQS and to submit SIPs addressing the nonattainment new source review (NSR) requirements in subpart 4. As explained in detail in the following section, since Pennsylvania submitted its request to redesignate the Pittsburgh Area on December 22, 2014, any additional attainment-related SIP elements that may be needed for the Area to meet the applicable requirements of subpart 4 were not due at the time Pennsylvania submitted its request to redesignate the Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS. 2. Proposal on This Issue In this proposed rulemaking action, EPA addresses the effect of the D.C. Circuit Court's January 4, 2013 ruling and the June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule on the redesignation request for the Area. EPA is proposing to determine that the D.C. Circuit Court's January 4, 2013 decision does not prevent EPA from redesignating the Area to attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. Even in light of the D.C. Circuit Court's decision, redesignation for this Area is appropriate under the CAA and EPA's longstanding interpretations of the CAA's provisions regarding redesignation. EPA first explains its longstanding interpretation that requirements that are imposed, or that become due, after a complete redesignation request is submitted for an area that is attaining the standard, are not applicable for purposes of evaluating a redesignation request. Second, EPA then shows that, even if EPA applies the subpart 4 requirements to the redesignation requests of the Area and disregards the provisions of its 1997 PM2.5 Implementation Rule recently remanded by the D.C. Circuit Court, Pennsylvania's request for redesignation of the Area still qualifies for approval. EPA's discussion also takes into account the effect of the D.C. Circuit Court's ruling and the June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule on the maintenance plans of the Area, which EPA views as approvable even when subpart 4 requirements are considered. a. Applicable Requirements Under Subpart 4 for Purposes of Evaluating the Redesignation Request of the Area With respect to the 1997 PM2.5 Implementation Rule, the D.C. Circuit Court's January 4, 2013 ruling rejected EPA's reasons for implementing the PM2.5 NAAQS solely in accordance with the provisions of subpart 1, and remanded that matter to EPA, so that it could address implementation of the 1997 annual PM2.5 NAAQS under subpart 4 of part D of the CAA, in addition to subpart 1. For the purposes of evaluating Pennsylvania's December 22, 2014 redesignation request for the Area, to the extent that implementation under subpart 4 would impose additional requirements for areas designated nonattainment, EPA believes that those requirements are not ``applicable'' for the purposes of section 107(d)(3)(E) of the CAA, and thus EPA is not required to consider subpart 4 requirements with respect to the redesignation of the area. Under its longstanding interpretation of the CAA, EPA has interpreted section 107(d)(3)(E) to mean, as a threshold matter, that the part D provisions which are ``applicable'' and which must be approved in order for EPA to redesignate an area include only those which came due prior to a state's submittal of a complete redesignation request. See 1992 Calcagni Memorandum. See also ``SIP Requirements for Areas Submitting Requests for Redesignation to Attainment of the Ozone and Carbon Monoxide (CO) NAAQS on or after November 15, 1992,'' Memorandum from Michael Shapiro, Acting Assistant Administrator, Air and Radiation, September 17, 1993 (Shapiro memorandum); Final Redesignation of Detroit-Ann Arbor, (60 FR 12459, 12465-66, March 7, 1995); Final Redesignation of St. Louis, Missouri, (68 FR 25418, 25424-27, May 12, 2003); Sierra Club v. EPA, 375 F.3d 537, 541 (7th Cir. 2004) (upholding EPA's redesignation rulemaking applying this interpretation and expressly rejecting Sierra Club's view that the meaning of ``applicable'' under the statute is ``whatever should have been in the plan at the time of attainment rather than whatever actually was in the plan and already implemented or due at the time of attainment'').\2\ In this case, at the time that Pennsylvania submitted its redesignation request for the Pittsburgh Area for the 1997 annual and the 2006 24- hour PM2.5 NAAQS, the requirements under subpart 4 were not due.\3\ --------------------------------------------------------------------------- \2\ Applicable requirements of the CAA that come due subsequent to the area's submittal of a complete redesignation request remain applicable until a redesignation is approved, but are not required as a prerequisite to redesignation. Section 175A(c) of the CAA. \3\ EPA found Pennsylvania's December 22, 2014 submittal redesignation of the Area complete on January 22, 2015. EPA's complete determination is available in the docket for this rulemaking. --------------------------------------------------------------------------- EPA's view that, for purposes of evaluating the redesignation of the Area, the subpart 4 requirements were not due at the time Pennsylvania submitted the redesignation request is in keeping with the EPA's interpretation of subpart 2 requirements for subpart 1 ozone areas redesignated subsequent to the D.C. [[Page 28911]] Circuit Court's decision in South Coast Air Quality Mgmt. Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). In South Coast, the D.C. Circuit Court found that EPA was not permitted to implement the 1997 8-hour ozone standard solely under subpart 1, and held that EPA was required under the statute to implement the standard under the ozone-specific requirements of subpart 2 as well. Subsequent to the South Coast decision, in evaluating and acting upon redesignation requests for the 1997 8-hour ozone standard that were submitted to EPA for areas under subpart 1, EPA applied its longstanding interpretation of the CAA that ``applicable requirements,'' for purposes of evaluating a redesignation, are those that had been due at the time the redesignation request was submitted. See, e.g., Proposed Redesignation of Manitowoc County and Door County Nonattainment Areas (75 FR 22047, 22050, April 27, 2010). In those rulemaking actions, EPA therefore, did not consider subpart 2 requirements to be ``applicable'' for the purposes of evaluating whether the area should be redesignated under section 107(d)(3)(E) of the CAA. EPA's interpretation derives from the provisions of section 107(d)(3) of the CAA. Section 107(d)(3)(E)(v) states that, for an area to be redesignated, a state must meet ``all requirements `applicable' to the area under section 110 and part D.'' Section 107(d)(3)(E)(ii) provides that EPA must have fully approved the ``applicable'' SIP for the area seeking redesignation. These two sections read together support EPA's interpretation of ``applicable'' as only those requirements that came due prior to submission of a complete redesignation request. First, holding states to an ongoing obligation to adopt new CAA requirements that arose after the state submitted its redesignation request, in order to be redesignated, would make it problematic or impossible for EPA to act on redesignation requests in accordance with the 18-month deadline Congress set for EPA action in section 107(d)(3)(D). If ``applicable requirements'' were interpreted to be a continuing flow of requirements with no reasonable limitation, states, after submitting a redesignation request, would be forced continuously to make additional SIP submissions that in turn would require EPA to undertake further notice-and-comment rulemaking actions to act on those submissions. This would create a regime of unceasing rulemaking that would delay action on the redesignation request beyond the 18-month timeframe provided by the CAA for this purpose. Second, a fundamental premise for redesignating a nonattainment area to attainment is that the area has attained the relevant NAAQS due to emission reductions from existing controls. Thus, an area for which a redesignation request has been submitted would have already attained the NAAQS as a result of satisfying statutory requirements that came due prior to the submission of the request. Absent a showing that unadopted and unimplemented requirements are necessary for future maintenance, it is reasonable to view the requirements applicable for purposes of evaluating the redesignation request as including only those SIP requirements that have already come due. These are the requirements that led to attainment of the NAAQS. To require, for redesignation approval, that a state also satisfy additional SIP requirements coming due after the state submits its complete redesignation request, and while EPA is reviewing it, would compel the state to do more than is necessary to attain the NAAQS, without a showing that the additional requirements are necessary for maintenance. In the context of this redesignation, the timing and nature of the D.C. Circuit Court's January 4, 2013 decision in NRDC v. EPA, and EPA's June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule compound the consequences of imposing requirements that come due after the redesignation request is submitted. Pennsylvania submitted its redesignation request for the 1997 annual and 2006 24-hour PM2.5 NAAQS on December 22, 2014 for the Pittsburgh Area, which is prior to the deadline by which the area is required to meet the attainment plan and other requirements pursuant to subpart 4. To require Pennsylvania's fully-complete and pending redesignation request for the 1997 annual and 2006 24-hour PM2.5 NAAQS to comply now with requirements of subpart 4 that the D.C. Circuit Court announced only in January 2013 and for which the December 31, 2014 deadline to comply occurred subsequent to EPA's receipt of Pennsylvania's December 22, 2014 redesignation request would be to give retroactive effect to such requirements and provide Pennsylvania a unique and earlier deadline for compliance solely on the basis of submitting its redesignation request for the Area. The D.C. Circuit Court recognized the inequity of this type of retroactive impact in Sierra Club v. Whitman, 285 F.3d 63 (D.C. Cir. 2002),\4\ where it upheld the D.C. Circuit Court's ruling refusing to make retroactive EPA's determination that the areas did not meet their attainment deadlines. In that case, petitioners urged the D.C. Circuit Court to make EPA's nonattainment determination effective as of the date that the statute required, rather than the later date on which EPA actually made the determination. The D.C. Circuit Court rejected this view, stating that applying it ``would likely impose large costs on States, which would face fines and suits for not implementing air pollution prevention plans . . . even though they were not on notice at the time.'' Id. at 68. Similarly, it would be unreasonable to penalize Pennsylvania by rejecting its December 22, 2014 redesignation request for an area that EPA previously determined was attaining the 1997 annual and 2006 24-hour PM2.5 NAAQS and that met all applicable requirements known to be in effect at the time of the request. For EPA now to reject the redesignation request solely because Pennsylvania did not expressly address subpart 4 requirements which came due after receipt of such request, (and for which it had little to no notice), would inflict the same unfairness condemned by the D.C. Circuit Court in Sierra Club v. Whitman. --------------------------------------------------------------------------- \4\ Sierra Club v. Whitman was discussed and distinguished in a recent D.C. Circuit Court decision that addressed retroactivity in a quite different context, where, unlike the situation here, EPA sought to give its regulations retroactive effect. National Petrochemical and Refiners Ass'n v. EPA, 630 F.3d 145, 163 (D.C. Cir. 2010), rehearing denied 643 F.3d 958 (D.C. Cir. 2011), cert denied 132 S. Ct. 571 (2011). --------------------------------------------------------------------------- b. Subpart 4 Requirements and Pennsylvania's Redesignation Request Even if EPA were to take the view that the D.C. Circuit Court's January 4, 2013 decision, or the June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule, requires that, in the context of pending redesignation requests for the 1997 annual and the 2006 24-hour PM2.5 NAAQS, which were submitted prior to December 31, 2014, subpart 4 requirements must be considered as being due and in effect, EPA proposes to determine that the Area still qualifies for redesignation to attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. As explained subsequently, EPA believes that the redesignation request for the Area, though not expressed in terms of subpart 4 requirements, substantively meets the requirements of that subpart for purposes of redesignating the Area to [[Page 28912]] attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. With respect to evaluating the relevant substantive requirements of subpart 4 for purposes of redesignating the Area, EPA notes that subpart 4 incorporates components of subpart 1 of part D, which contains general air quality planning requirements for areas designated as nonattainment. See section 172(c). Subpart 4 itself contains specific planning and scheduling requirements for coarse particulate matter (PM10 ) \5\ nonattainment areas, and under the D.C. Circuit Court's January 4, 2013 decision in NRDC v. EPA, these same statutory requirements also apply for PM2.5 nonattainment areas. EPA has longstanding general guidance that interprets the 1990 amendments to the CAA, making recommendations to states for meeting the statutory requirements for SIPs for nonattainment areas. See the General Preamble. In the General Preamble, EPA discussed the relationship of subpart 1 and subpart 4 SIP requirements, and pointed out that subpart 1 requirements were to an extent ``subsumed by, or integrally related to, the more specific PM10 requirements'' (57 FR 13538, April 16, 1992). The subpart 1 requirements include, among other things, provisions for attainment demonstrations, RACM, RFP, emissions inventories, and contingency measures. --------------------------------------------------------------------------- \5\ PM10 refers to particulates nominally 10 micrometers in diameter or smaller. --------------------------------------------------------------------------- For the purposes of this redesignation request, in order to identify any additional requirements which would apply under subpart 4, consistent with EPA's June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule, EPA is considering the areas to be ``moderate'' PM2.5 nonattainment areas. As EPA explained in its June 2, 2014 rule, section 188 of the CAA provides that all areas designated nonattainment areas under subpart 4 are initially to be classified by operation of law as ``moderate'' nonattainment areas, and remain moderate nonattainment areas unless and until EPA reclassifies the area as a ``serious'' nonattainment area. Accordingly, EPA believes that it is appropriate to limit the evaluation of the potential impact of subpart 4 requirements to those that would be applicable to moderate nonattainment areas. Sections 189(a) and (c) of subpart 4 apply to moderate nonattainment areas and include the following: (1) An approved permit program for construction of new and modified major stationary sources (section 189(a)(1)(A)); (2) an attainment demonstration (section 189(a)(1)(B)); (3) provisions for RACM (section 189(a)(1)(C)); and (4) quantitative milestones demonstrating RFP toward attainment by the applicable attainment date (section 189(c)). The permit requirements of subpart 4, as contained in section 189(a)(1)(A), refer to and apply the subpart 1 permit provisions requirements of sections 172 and 173 to PM10 , without adding to them. Consequently, EPA believes that section 189(a)(1)(A) does not itself impose for redesignation purposes any additional requirements for moderate areas beyond those contained in subpart 1.\6\ In any event, in the context of redesignation, EPA has long relied on the interpretation that a fully approved nonattainment NSR program is not considered an applicable requirement for redesignation, provided the area can maintain the standard with a prevention of significant deterioration (PSD) program after redesignation. A detailed rationale for this view is described in a memorandum from Mary Nichols, Assistant Administrator for Air and Radiation, dated October 14, 1994, entitled, ``Part D NSR Requirements for Areas Requesting Redesignation to Attainment.'' See also rulemakings for Detroit, Michigan (60 FR 12467- 12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June 21, 1996). With respect to the specific attainment planning requirements under subpart 4,\7\ when EPA evaluates a redesignation request under either subpart 1 or 4, any area that is attaining the PM2.5 NAAQS is viewed as having satisfied the attainment planning requirements for these subparts. For redesignations, EPA has for many years interpreted attainment-linked requirements as not applicable for areas attaining the standard. In the General Preamble, EPA stated that: ``The requirements for RFP will not apply in evaluating a request for redesignation to attainment since, at a minimum, the air quality data for the area must show that the area has already attained. Showing that the State will make RFP towards attainment will, therefore, have no meaning at that point.'' --------------------------------------------------------------------------- \6\ The potential effect of section 189(e) on section 189(a)(1)(A) for purposes of evaluating this redesignation is discussed in this rulemaking action. \7\ EPA refers here to attainment demonstration, RFP, RACM, milestone requirements, and contingency measures. --------------------------------------------------------------------------- The General Preamble also explained that: ``[t]he section 172(c)(9) requirements are directed at ensuring RFP and attainment by the applicable date. These requirements no longer apply when an area has attained the standard and is eligible for redesignation. Furthermore, section 175A for maintenance plans . . . provides specific requirements for contingency measures that effectively supersede the requirements of section 172(c)(9) for these areas.'' Id. EPA similarly stated in its 1992 Calcagni Memorandum that, ``The requirements for reasonable further progress and other measures needed for attainment will not apply for redesignations because they only have meaning for areas not attaining the standard.'' It is evident that even if we were to consider the D.C. Circuit Court's January 4, 2013 decision in NRDC v. EPA, or the June 2, 2014 PM2.5 Subpart 4 Classification and Deadline Rule, to mean that attainment-related requirements specific to subpart 4 were either due prior to Pennsylvania's December 22, 2014 redesignation request and must now be imposed retroactively,\8\ those requirements do not apply to areas that are attaining the 1997 annual and the 2006 24-hour PM2.5 NAAQS for the purpose of evaluating pending requests to redesignate the areas to attainment. EPA has consistently enunciated this interpretation of applicable requirements under section 107(d)(3)(E) since the General Preamble was published more than twenty years ago. Courts have recognized the scope of EPA's authority to interpret ``applicable requirements'' in the redesignation context. See Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). --------------------------------------------------------------------------- \8\ As explained earlier, EPA does not believe that the D.C. Circuit Court's January 4, 2013 decision should be interpreted so as to impose these requirements on the states retroactively. Sierra Club v. Whitman, supra. --------------------------------------------------------------------------- Moreover, even outside the context of redesignations, EPA has viewed the obligations to submit attainment-related SIP planning requirements of subpart 4 as inapplicable for areas that EPA determines are attaining the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA's prior ``Clean Data Policy'' rulemakings for the PM10 NAAQS, also governed by the requirements of subpart 4, explain EPA's reasoning. They describe the effects of a determination of attainment on the attainment-related SIP planning requirements of subpart 4. See ``Determination of Attainment for Coso Junction Nonattainment Area,'' (75 FR 27944, May 19, 2010). See also Coso Junction Proposed PM10 Redesignation, (75 FR 36023, 36027, June 24, 2010); Proposed and Final Determinations of Attainment for San Joaquin [[Page 28913]] Nonattainment Area (71 FR 40952, 40954-55, July 19, 2006; and 71 FR 63641, 63643-47, October 30, 2006). In short, EPA in this context has also long concluded that to require states to meet superfluous SIP planning requirements is not necessary and not required by the CAA, so long as those areas continue to attain the relevant NAAQS. As stated previously in this proposed rulemaking action, on October 12, 2012 (77 FR 62147) and May 2, 2014 (79 FR 25014), EPA made determinations that the Pittsburgh Area had attained the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively. Pursuant to 40 CFR 51.1004(c) and based on these determinations, the requirements for the Area to submit an attainment demonstration and associated RACM, RFP plan, contingency measures, and other planning SIPs related to the attainment of either the 1997 annual or 2006 24-hour PM2.5 NAAQS were, and continue to be, suspended until such time as: the Area is redesignated to attainment for each standard, at which time the requirements no longer apply; or EPA determines that the Area has again violated any of the standards, at which time such plans are required to be submitted. Under its longstanding interpretation, EPA is proposing to determine here that the Area meets the attainment-related plan requirements of subparts 1 and 4 for the 1997 annual and 2006 24-hour PM2.5 NAAQS. Thus, EPA is proposing to conclude that the requirements to submit an attainment demonstration under 189(a)(1)(B), a RACM determination under section 172(c)(1) and section 189(a)(1)(c), a RFP demonstration under 189(c)(1), and contingency measure requirements under section 172(c)(9) are satisfied for purposes of evaluating this redesignation request. c. Subpart 4 and Control of PM2.5 Precursors The D.C. Circuit Court in NRDC v. EPA remanded to EPA the two rules at issue in the case with instructions to EPA to re-promulgate them consistent with the requirements of subpart 4. EPA in this section addresses the D.C. Circuit Court's opinion with respect to PM2.5 precursors. While past implementation of subpart 4 for PM10 has allowed for control of PM10 precursors, such as NOX from major stationary, mobile, and area sources in order to attain the standard as expeditiously as practicable, section 189(e) of the CAA specifically provides that control requirements for major stationary sources of direct PM10 shall also apply to PM10 precursors from those sources, except where EPA determines that major stationary sources of such precursors ``do not contribute significantly to PM10 levels which exceed the standard in the area.'' EPA's 1997 PM2.5 Implementation Rule, remanded by the D.C. Circuit Court, contained rebuttable presumptions concerning certain PM2.5 precursors applicable to attainment plans and control measures related to those plans. Specifically, in 40 CFR 51.1002, EPA provided, among other things, that a state was ``not required to address VOC [and NH3 ] as . . . PM2.5 attainment plan precursor[s] and to evaluate sources of VOC [and NH3 ] emissions in the State for control measures.'' EPA intended these to be rebuttable presumptions. EPA established these presumptions at the time because of uncertainties regarding the emission inventories for these pollutants and the effectiveness of specific control measures in various regions of the country in reducing PM2.5 concentrations. EPA also left open the possibility for such regulation of VOC and NH3 in specific areas where that was necessary. The D.C. Circuit Court in its January 4, 2013 decision made reference to both section 189(e) and 40 CFR 51.1002, and stated that, ``In light of our disposition, we need not address the petitioners' challenge to the presumptions in [40 CFR 51.1002] that VOCs and NH3 are not PM2.5 precursors, as subpart 4 expressly governs precursor presumptions.'' NRDC v. EPA, at 27, n.10. Elsewhere in the D.C. Circuit Court's opinion, however, the D.C. Circuit Court observed: ``NH3 is a precursor to fine particulate matter, making it a precursor to both PM2.5 and PM10 . For a PM10 nonattainment area governed by subpart 4, a precursor is presumptively regulated. See 42 U.S.C. 7513a(e) [section 189(e)].'' Id. at 21, n.7. For a number of reasons, the redesignation of the Pittsburgh Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS is consistent with the D.C. Circuit Court's decision on this aspect of subpart 4. While the D.C. Circuit Court, citing section 189(e), stated that ``for a PM10 area governed by subpart 4, a precursor is `presumptively' regulated,'' the D.C. Circuit Court expressly declined to decide the specific challenge to EPA's 1997 PM2.5 Implementation Rule provisions regarding NH3 and VOC as precursors. The D.C. Circuit Court had no occasion to reach whether and how it was substantively necessary to regulate any specific precursor in a particular PM2.5 nonattainment area, and did not address what might be necessary for purposes of acting upon a redesignation request. However, even if EPA takes the view that the requirements of subpart 4 were deemed applicable at the time the state submitted the redesignation request, and disregards the 1997 PM2.5 Implementation Rule's rebuttable presumptions regarding NH3 and VOC as PM2.5 precursors, the regulatory consequence would be to consider the need for regulation of all precursors from any sources in the Area to demonstrate attainment and to apply the section 189(e) provisions to major stationary sources of precursors. In the case of the Pittsburgh Area, EPA believes that doing so is consistent with proposing redesignation of the Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS. The Area has attained the 1997 annual and 2006 24-hour PM2.5 NAAQS without any specific additional controls of NH3 and VOC emissions from any sources in the Area. Precursors in subpart 4 are specifically regulated under the provisions of section 189(e), which requires, with important exceptions, control requirements for major stationary sources of PM10 precursors.\9\ Under subpart 1 and EPA's prior implementation rule, all major stationary sources of PM2.5 precursors were subject to regulation, with the exception of NH3 and VOC. Thus, EPA must address here whether additional controls of NH3 and VOC from major stationary sources are required under section 189(e) of subpart 4 in order to redesignate the Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS. As explained subsequently, EPA does not believe that any additional controls of NH3 and VOC are required in the context of this redesignation. --------------------------------------------------------------------------- \9\ Under either subpart 1 or subpart 4, for purposes of demonstrating attainment as expeditiously as practicable, a state is required to evaluate all economically and technologically feasible control measures for direct PM emissions and precursor emissions, and adopt those measures that are deemed reasonably available. --------------------------------------------------------------------------- In the General Preamble, EPA discusses its approach to implementing section 189(e). See 57 FR 13538-13542. With regard to precursor regulation under section 189(e), the General Preamble explicitly stated that control of VOC under other CAA requirements may suffice to relieve a state from the need to adopt precursor controls under section 189(e). See 57 FR 13542. EPA in this rulemaking action, proposes to determine that the Pennsylvania SIP revision has met the provisions of section 189(e) with respect to NH3 and VOC as precursors. These proposed determinations are based on EPA's findings that: (1) The Pittsburgh Area contains no major stationary sources of [[Page 28914]] NH3 ; and (2) existing major stationary sources of VOC are adequately controlled under other provisions of the CAA regulating the ozone NAAQS.\10\ In the alternative, EPA proposes to determine that, under the express exception provisions of section 189(e), and in the context of the redesignation of the Area, which is attaining the 1997 annual and 2006 24-hour PM2.5 NAAQS, at present NH3 and VOC precursors from major stationary sources do not contribute significantly to levels exceeding the 1997 annual and 2006 24-hour PM2.5 NAAQS in the Area. See 57 FR 13539-42. --------------------------------------------------------------------------- \10\ The Area has reduced VOC emissions through the implementation of various control programs including VOC Reasonably Available Control Technology (RACT) regulations and various onroad and nonroad motor vehicle control programs. --------------------------------------------------------------------------- EPA notes that its 1997 PM2.5 Implementation Rule provisions in 40 CFR 51.1002 were not directed at evaluation of PM2.5 precursors in the context of redesignation, but at SIP plans and control measures required to bring a nonattainment area into attainment of the 1997 annual PM2.5 NAAQS. By contrast, redesignation to attainment primarily requires the nonattainment area to have already attained due to permanent and enforceable emission reductions, and to demonstrate that controls in place can continue to maintain the standard. Thus, even if we regard the D.C. Circuit Court's January 4, 2013 decision as calling for ``presumptive regulation'' of NH3 and VOC for PM2.5 under the attainment planning provisions of subpart 4, those provisions in and of themselves do not require additional controls of these precursors for an area that already qualifies for redesignation. Nor does EPA believe that requiring Pennsylvania to address precursors differently than it has already would result in a substantively different outcome. Although, as EPA has emphasized, its consideration here of precursor requirements under subpart 4 is in the context of a redesignation to attainment, EPA's existing interpretation of subpart 4 requirements with respect to precursors in attainment plans for PM10 contemplates that states may develop attainment plans that regulate only those precursors that are necessary for purposes of attainment in the area in question, i.e., states may determine that only certain precursors need be regulated for attainment and control purposes.\11\ Courts have upheld this approach to the requirements of subpart 4 for PM10 .\12\ EPA believes that application of this approach to PM2.5 precursors under subpart 4 is reasonable. Because the Area has already attained the 1997 annual and 2006 24-hour PM2.5 NAAQS with its current approach to regulation of PM2.5 precursors, EPA believes that it is reasonable to conclude in the context of this redesignation that there is no need to revisit an attainment control strategy with respect to the treatment of precursors. Even if the D.C. Circuit Court's decision is construed to impose an obligation, in evaluating this redesignation request, to consider additional precursors under subpart 4, it would not affect EPA's approval here of Pennsylvania's request for redesignation of the Pittsburgh Area for the 1997 annual and 2006 24- hour PM2.5 NAAQS. In the context of a redesignation, Pennsylvania has shown that the Area has attained both standards. Moreover, Pennsylvania has shown, and EPA proposes to determine, that attainment of the 1997 annual and 2006 24-hour PM2.5 NAAQS in this Area is due to permanent and enforceable emission reductions on all precursors necessary to provide for continued attainment of the standards. See Section V.A.3 of this rulemaking action. It follows logically that no further control of additional precursors is necessary. Accordingly, EPA does not view the January 4, 2013 decision of the D.C. Circuit Court as precluding redesignation of the Area to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS at this time. --------------------------------------------------------------------------- \11\ See, e.g., ``Approval and Promulgation of Implementation Plans for California--San Joaquin Valley PM10 Nonattainment Area; Serious Area Plan for Nonattainment of the 24- Hour and Annual PM10 Standards,'' (69 FR 30006, May 26, 2004) (approving a PM10 attainment plan that impose controls on direct PM10 and NOx emissions and did not impose controls on SO2 , VOC, or NH3 emissions). \12\ See, e.g., Assoc. of Irritated Residents v. EPA et al., 423 F.3d 989 (9th Cir. 2005). --------------------------------------------------------------------------- In summary, even if, prior to submitting its December 22, 2014 redesignation request, or subsequent to such submission and prior to December 31, 2014, Pennsylvania was required to address precursors for the Area under subpart 4 rather than under subpart 1, as interpreted in EPA's remanded 1997 PM2.5 Implementation Rule, EPA would still conclude that the Area had met all applicable requirements for purposes of redesignation in accordance with section 107(d)(3)(E)(ii) and (v) of the CAA. V. EPA's Analysis of Pennsylvania's Submittal EPA is proposing several rulemaking actions for the Pittsburgh Area: (1) To redesignate the Pittsburgh Area to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS; (2) to approve into the Pennsylvania SIP the associated maintenance plan for the 1997 annual and 2006 24-hour PM2.5 NAAQS; and (3) to approve the 2007 comprehensive emissions inventory for the 1997 annual PM2.5 NAAQS and the 2011 comprehensive emissions inventories for the 2006 24- hour PM2.5 NAAQS to satisfy section 172(c)(3) requirement, which is one of the CAA criteria for redesignation. EPA's proposed approval of the redesignation request and maintenance plan for the 1997 annual and 2006 24-hour PM2.5 NAAQS are based upon EPA's determination that the Area continues to attain both standards, which EPA is proposing in this rulemaking action, and that all other redesignation criteria have been met for the Area. In addition, EPA is proposing to approve the 2017 and 2025 PM2.5 and NOX MVEBs included in the maintenance plan for the Pittsburgh Area for transportation conformity purposes. The following is a description of how Pennsylvania's December 22, 2014 submittal satisfies the requirements of the CAA including specifically section 107(d)(3)(E) for the 1997 annual and 2006 24-hour PM2.5 NAAQS. A. Redesignation Request 1. Attainment On October 12, 2012 (77 FR 62147), EPA determined that the Pittsburgh Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010, based upon quality-assured and certified ambient air quality monitoring data for 2007-2009. In a separate rulemaking action dated May 2, 2014 (79 FR 25014), EPA determined that the Pittsburgh Area attained the 2006 24-hour PM2.5 NAAQS, based on quality-assured and certified ambient air quality monitoring data for 2010-2012 and 2011-2013. The basis and effect of these determinations of attainment for both the 1997 annual and 2006 24-hour PM2.5 NAAQS were discussed in the notices of the proposed (77 FR 34297 (June 11, 2012) and 78 FR 49403 (August 14, 2013), respectively) and final (77 FR 62147 and 79 FR 25014, respectively) rulemakings which determined the Area attained the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively. EPA has reviewed the ambient air quality PM2.5 monitoring data in the Pittsburgh Area consistent with the requirements contained in 40 CFR part 50, and recorded in EPA's Air Quality System (AQS), including quality-assured, quality-controlled, and state- certified data for the monitoring periods [[Page 28915]] 2008-2010, 2009-2011, 2010-2012, and 2011-2013. This data, provided in Tables 1 and 2, shows that the Area continues to attain the 1997 annual and 2006 24-hour PM2.5 NAAQS. Table 1--Design Values for the Pittsburgh Area for the 1997 Annual PM2.5 NAAQS ([mu]g/m\3\) for 2008-2010, 2009- 2011, 2010-2012, and 2011-2013 ---------------------------------------------------------------------------------------------------------------- Monitor ID # 2008-2010 2009-2011 2010-2012 2011-2013 ---------------------------------------------------------------------------------------------------------------- Avalon, 420030002............................... * 16.3 * 14.7 13.4 11.4 South Fayette, 420030067........................ 11.1 11 10.5 9.6 North Braddock, 420031301....................... 13.3 12.7 12.5 * 11.7 Washington, 421250200........................... 11.8 11.3 11.1 10.3 Charleroi, 421250005............................ 12.9 12.6 11.9 11 Florence, 421255001............................. 10.8 9 7.2 7.2 Harrison 2, 420031008........................... 13 12.4 * 11.7 10.6 Beaver Falls, 420070014......................... 13.1 12.4 12 11.6 Greensburg, 42129008............................ 13.4 13.7 12.6 11.1 Lawrenceville, 420030008........................ 12.2 11.6 11.1 10.3 North Park, 420030093........................... 10.1 9.7 9.4 8.8 ---------------------------------------------------------------------------------------------------------------- * This data is shown in EPA's AQS as incomplete. Additional statistical analysis was done to ensure the Pittsburgh-Beaver Valley Area meets the completeness requirement of the Clean Data Determination. Table 2--Design Values for the Pittsburgh Area for the 2006 24-hour PM2.5 NAAQS ([mu]g/m\3\) for 2008-2010, 2009- 2011, 2010-2012, and 2011-2013 ---------------------------------------------------------------------------------------------------------------- Monitor ID # 2008-2010 2009-2011 2010-2012 2011-2013 ---------------------------------------------------------------------------------------------------------------- Avalon, 420030002............................... * 38 * 34 29 25 South Fayette, 420030067........................ 26 27 26 24 North Braddock, 420031301....................... 35 34 33 29 Washington, 421250200........................... 26 27 25 23 Charleroi, 421250005............................ 28 28 26 25 Florence, 421255001............................. 25 20 17 16 Harrison 2, 420031008........................... * 31 * 30 28 25 Beaver Falls, 420070014......................... 30 29 27 26 Greensburg, 42129008............................ 32 * 33 * 29 * 26 Lawrenceville, 420030008........................ 28 27 26 23 North Park, 420030093........................... * 25 25 23 19 ---------------------------------------------------------------------------------------------------------------- * This data is shown in EPA's AQS as incomplete. Additional statistical analysis was done to ensure the Pittsburgh-Beaver Valley Area meets the completeness requirement of the Clean Data Determination. EPA's review of the monitoring data from 2008 through 2013 supports EPA's previous determinations that the Area has attained the 1997 annual and 2006 24-hour PM2.5 NAAQS, and that the Area continues to attain both standards. In addition, as discussed subsequently, with respect to the maintenance plan, Pennsylvania commits to maintain an ambient air quality monitoring network in accordance with 40 CFR part 58. Thus, based upon an analysis of currently available data, EPA is proposing to determine that the Pittsburgh Area continues to attain the 1997 annual and 2006 24-hour PM2.5 NAAQS. 2. The Area Has Met All Applicable Requirements Under Section 110 and Subpart 1 of the CAA and Has a Fully Approved SIP Under Section 110(k) In accordance with section 107(d)(3)(E)(v), the SIP revision for the 1997 annual and 2006 24-hour PM2.5 NAAQS for the Pittsburgh Area must be fully approved under section 110(k) and all the requirements applicable to the Area under section 110 of the CAA (general SIP requirements) and part D of Title I of the CAA (SIP requirements for nonattainment areas) must be met. a. Section 110 General SIP Requirements Section 110(a)(2) of Title I of the CAA delineates the general requirements for a SIP, which include enforceable emissions limitations and other control measures, means, or techniques, provisions for the establishment and operation of appropriate devices necessary to collect data on ambient air quality, and programs to enforce the limitations. The general SIP elements and requirements set forth in section 110(a)(2) include, but are not limited to, the following: (1) Submittal of a SIP that has been adopted by the state after reasonable public notice and hearing; (2) provisions for establishment and operation of appropriate procedures needed to monitor ambient air quality; (3) implementation of a minor source permit program and provisions for the implementation of part C requirements (PSD); (4) Provisions for the implementation of part D requirements for NSR permit programs; (5) provisions for air pollution modeling; and (6) provisions for public and local agency participation in planning and emission control rule development. Section 110(a)(2)(D) of the CAA requires that SIPs contain certain measures to prevent sources in a state from significantly contributing to air quality problems in another state. To implement this provision for various NAAQS, EPA has required certain states to establish programs to address transport of air pollutants in accordance with EPA's Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone (63 FR 57356, October 27, 1998), also known as the NOX SIP Call; amendments to the NOX SIP Call (64 FR 26298, May 14, 1999 and 65 FR 11222, March 2, 2000), CAIR (70 FR 25162, May 12, 2005) and CSAPR. However, [[Page 28916]] section 110(a)(2)(D) requirements for a state are not linked with a particular nonattainment area's designation and classification in that state. EPA believes that the requirements linked with a particular nonattainment area's designation and classification are the relevant measures to evaluate in reviewing a redesignation request. The transport SIP submittal requirements, where applicable, continue to apply to a state regardless of the designation of any one particular area in the state. Thus, EPA does not believe that these requirements are applicable requirements for purposes of redesignation. In addition, EPA believes that the other section 110(a)(2) elements not connected with nonattainment plan submissions and not linked with an area's attainment status are not applicable requirements for purposes of redesignation. The Area will still be subject to these requirements after it is redesignated. EPA concludes that the section 110(a)(2) and part D requirements which are linked with a particular area's designation and classification are the relevant measures to evaluate in reviewing a redesignation request, and that section 110(a)(2) elements not linked to the area's nonattainment status are not applicable for purposes of redesignation. This approach is consistent with EPA's existing policy on applicability of conformity (i.e., for redesignations) and oxygenated fuels requirement. See Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174, October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Lorain, Ohio final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 7, 1995). For additional discussion on this issue, see the Cincinnati, Ohio redesignation (65 FR at 37890, June 19, 2000) and the Pittsburgh-Beaver Valley, Pennsylvania redesignation (66 FR at 53099, October 19, 2001). EPA has reviewed the Pennsylvania SIP and has concluded that it meets the general SIP requirements under section 110(a)(2) of the CAA to the extent they are applicable for purposes of redesignation. EPA has previously approved provisions of Pennsylvania's SIP addressing section 110(a)(2) requirements, including provisions addressing PM2.5 . See 77 FR 58955 (September 25, 2012) (approving infrastructure SIP submittals for 1997 and 2006 PM2.5 NAAQS). These requirements are, however, statewide requirements that are not linked to the PM2.5 nonattainment status of the Area. Therefore, EPA believes that these SIP elements are not applicable requirements for purposes of review of the Commonwealth's PM2.5 redesignation request. b. Subpart 1 Requirements Subpart 1 sets forth the basic nonattainment plan requirements applicable to PM2.5 nonattainment areas. Under section 172, states with nonattainment areas must submit plans providing for timely attainment and must meet a variety of other requirements. EPA's longstanding interpretation of the nonattainment planning requirements of section 172 is that once an area is attaining the NAAQS, those requirements are not ``applicable'' for purposes of section 107(d)(3)(E)(ii) and therefore need not be approved into the SIP before EPA can redesignate the area. In the 1992 General Preamble for Implementation of Title I, EPA set forth its interpretation of applicable requirements for purposes of evaluating redesignation requests when an area is attaining a standard. See 57 FR 13498, 13564 (April 16, 1992). EPA noted that the requirements for RFP and other measures designed to provide for attainment do not apply in evaluating redesignation requests because those nonattainment planning requirements ``have no meaning'' for an area that has already attained the standard. Id. This interpretation was also set forth in the 1992 Calcagni Memorandum. EPA's understanding of section 172 also forms the basis of its Clean Data Policy, which was articulated with regard to PM2.5 in 40 CFR 51.1004(c), and suspends a state's obligation to submit most of the attainment planning requirements that would otherwise apply, including an attainment demonstration and planning SIPs to provide for RFP, RACM, and contingency measures under section 172(c)(9).\13\ Courts have upheld EPA's interpretation of section 172(c)(1)'s ``reasonably available'' control measures and control technology as meaning only those controls that advance attainment, which precludes the need to require additional measures where an area is already attaining. NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir. 2009); Sierra Club v. EPA, 294 F.3d 155, 162 (D.C. Cir. 2002); Sierra Club v. EPA, 314 F.3d 735, 744 (5th Cir. 2002). --------------------------------------------------------------------------- \13\ This regulation was promulgated as part of the 1997 PM2.5 NAAQS implementation rule that was subsequently challenged and remanded in NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 2013), as discussed in Section IV.B of this rulemaking. However, the Clean Data Policy portion of the implementation rule was not at issue in that case. --------------------------------------------------------------------------- Therefore, because attainment has been reached for the 1997 annual and 2006 24-hour PM2.5 NAAQS in the Pittsburgh Area (see October 12, 2012 (77 FR 62147) and May 2, 2014 (79 FR 25014)), no additional measures are needed to provide for attainment, and section 172(c)(1) requirements for an attainment demonstration and RACM are no longer considered to be applicable for purposes of redesignation as long as the Area continues to attain each standard until redesignation. Section 172(c)(2)'s requirement that nonattainment plans contain provisions promoting reasonable further progress toward attainment is also not relevant for purposes of redesignation because EPA has determined that the Pittsburgh Area has monitored attainment of the 1997 annual and 2006 24-hour PM2.5 NAAQS. In addition, because the Pittsburgh Area has attained the 1997 annual and 2006 24- hour PM2.5 NAAQS and is no longer subject to a RFP requirement, the requirement to submit the section 172(c)(9) contingency measures is not applicable for purposes of redesignation. Section 172(c)(6) requires the SIP to contain control measures necessary to provide for attainment of the NAAQS. Because attainment has been reached, no additional measures are needed to provide for attainment. The requirement under section 172(c)(3) of the CAA was not suspended by EPA's clean data determination for the 1997 annual and 2006 24-hour PM2.5 NAAQS and is the only remaining requirement under section 172 to be considered for purposes of redesignation of the Area. Section 172(c)(3) of the CAA requires submission and approval of a comprehensive, accurate, and current inventory of actual emissions. For purposes of the PM2.5 NAAQS, this emissions inventory should address not only direct emissions of PM2.5 , but also emissions of all precursors with the potential to participate in PM2.5 formation, i.e., SO2 , NOX , VOC and NH3 . To satisfy the 172(c)(3) requirement for the 1997 annual and 2006 24-hour PM2.5 NAAQS, Pennsylvania's December 22, 2014 redesignation request and maintenance plan contains 2007 and 2011 comprehensive emissions inventories. PADEP submitted the 2007 and 2011 emissions inventories to fulfill its obligation to submit a comprehensive inventory under section 172(c)(3) of the CAA, because that inventory has gone through extensive quality assurance. The 2007 and 2011 emissions inventories were the most current accurate and comprehensive emissions inventories of PM2.5 , NOX , SO2 , VOC, and NH3 for the Area when the Area attained the 1997 [[Page 28917]] annual and 2006 24-hour PM2.5 NAAQS. Thus, as part of this rulemaking action, EPA is proposing to approve Pennsylvania's 2007 comprehensive emissions inventory for the 1997 annual PM2.5 NAAQS and the 2011 comprehensive emissions inventories for the 2006 24- hour PM2.5 NAAQS, as satisfying the requirement of section 172(c)(3) of the CAA. Final approval of the 2007 and 2011 comprehensive emissions inventories will satisfy the emissions inventory requirement under section 172(c)(3) of the CAA. The 2007 and 2011 comprehensive emissions inventories address the general source categories of point sources, area sources, on-road mobile sources, and non-road mobile sources. A summary of the 2007 and 2011 comprehensive emissions inventories are shown in Tables 3 and 4. For more information on EPA's analysis of the 2007 and 2011 emissions inventories, see the TSDs prepared by the EPA Region III Office of Air Monitoring and Analysis dated April 22, 2015, ``Technical Support Document (TSD) for the Redesignation Request and Maintenance Plan for the Pittsburgh-Beaver Valley 1997 and 2006 PM2.5 Nonattainment Area'' (Inventory TSDs), available in the docket for this rulemaking action at www.regulations.gov. See Docket ID No. EPA-R03-OAR-2015-0029. Table 3--2007 Emissions for the Pittsburgh-Beaver Valley Area, in tons per year (tpy) ---------------------------------------------------------------------------------------------------------------- Sector PM2.5 NOX SO2 VOC NH3 ---------------------------------------------------------------------------------------------------------------- Point........................... 8,913 92,750 438,716 3,186 584 Area............................ 6,392 7,946 12,817 28,991 2,474 Onroad.......................... 1,692 49,052 378 20,194 858 Nonroad......................... 1,151 21,175 694 10,834 16 ------------------------------------------------------------------------------- Total....................... 18,148 170,923 452,605 63,205 3,932 ---------------------------------------------------------------------------------------------------------------- Table 4--2011 Emissions for the Pittsburgh-Beaver Valley Area, in tpy ---------------------------------------------------------------------------------------------------------------- Sector PM2.5 NOX SO2 VOC NH3 ---------------------------------------------------------------------------------------------------------------- Point........................... 7,287 80,746 122,541 3,333 322 Area............................ 7,455 19,667 3,841 26,012 3,109 Onroad.......................... 967 29,184 149 14,813 624 Nonroad......................... 667 7,110 20 7,832 10 ------------------------------------------------------------------------------- Total....................... 16,376 136,707 126,551 51,990 4,065 ---------------------------------------------------------------------------------------------------------------- Section 172(c)(4) of the CAA requires the identification and quantification of allowable emissions for major new and modified stationary sources in an area, and section 172(c)(5) requires source permits for the construction and operation of new and modified major stationary sources anywhere in the nonattainment area. EPA has determined that, since PSD requirements will apply after redesignation, areas being redesignated need not comply with the requirement that a nonattainment NSR program be approved prior to redesignation, provided that the area demonstrates maintenance of the NAAQS without part D NSR. A more detailed rationale for this view is described in a memorandum from Mary Nichols, Assistant Administrator for Air and Radiation, dated October 14, 1994, entitled, ``Part D New Source Review Requirements for Areas Requesting Redesignation to Attainment.'' Nevertheless, Pennsylvania currently has an approved NSR program codified in Pennsylvania's regulations at 25 Pa. Code Chapter 127.201, et. seq. See 77 FR 41276, July 13, 2012 (approving NSR program into the SIP). See also 49 FR 33127, August 21, 1984 (approving Pennsylvania's PSD program which incorporates by reference the Federal PSD program at 40 CFR 52.21). However, Pennsylvania's PSD program for PM2.5 will become effective in the Pittsburgh Area upon redesignation to attainment. Section 172(c)(7) of the CAA requires the SIP to meet the applicable provisions of section 110(a)(2). As noted previously, EPA believes the Pennsylvania SIP meets the requirements of section 110(a)(2) that are applicable for purposes of redesignation. Section 175A requires a state seeking redesignation to attainment to submit a SIP revision to provide for the maintenance of the NAAQS in the area ``for at least 10 years after the redesignation.'' In conjunction with its request to redesignate the Pittsburgh Area to attainment status, Pennsylvania submitted a SIP revision on December 22, 2014 to provide for maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS in the Pittsburgh Area for at least 10 years after redesignation, throughout 2025. Pennsylvania is requesting that EPA approve the maintenance plan to meet the requirement of section 175A of the CAA for both NAAQS. Once approved, the maintenance plan for the Area will ensure that the SIP for Pennsylvania meets the requirements of the CAA regarding maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS for the Area. EPA's analysis of the maintenance plan is provided in Section V.B. of this proposed rulemaking action. Section 176(c) of the CAA requires states to establish criteria and procedures to ensure that Federally supported or funded projects conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs, and projects that are developed, funded or approved under Title 23 of the United States Code (U.S.C.) and the Federal Transit Act (transportation conformity) as well as to all other Federally supported or funded projects (general conformity). State transportation conformity SIP revisions must be consistent with Federal conformity regulations relating to consultation, enforcement and enforceability which EPA promulgated pursuant to its authority under the CAA. EPA approved Pennsylvania's transportation conformity SIP requirements on April 29, 2009 (74 FR 19541). EPA interprets the conformity SIP requirements as not applying for [[Page 28918]] purposes of evaluating a redesignation request under CAA section 107(d) because state conformity rules are still required after redesignation, and Federal conformity rules apply where state rules have not been approved. See Wall v. EPA, 265 F. 3d 426 (6th Cir. 2001) (upholding this interpretation) and 60 FR 62748 (December 7, 1995) (discussing Tampa, Florida). Thus, for purposes of redesignating to attainment the Pittsburgh Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS, EPA proposes that upon final approval of the 2007 and 2011 comprehensive emissions inventories as proposed in this rulemaking action, Pennsylvania will meet all the applicable SIP requirements under part D of Title I of the CAA for purposes of redesignating the Area to attainment for both the 1997 annual and 2006 24-hour PM2.5 NAAQS. c. The Area Has a Fully Approved Applicable SIP Under Section 110(k) of the CAA Upon final approval of the 2007 and 2011 comprehensive emissions inventories as proposed in this rulemaking action, EPA will have fully approved all applicable requirements of Pennsylvania's SIP for the Pittsburgh Area for purposes of redesignation to attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS in accordance with section 110(k) of the CAA. 3. Permanent and Enforceable Reductions in Emissions For redesignating a nonattainment area to attainment, section 107(d)(3)(E)(iii) requires EPA to determine that the air quality improvement in the area is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP and applicable Federal air pollution control regulations and other permanent and enforceable reductions. Pennsylvania has calculated the change in emissions between 2005, a year showing nonattainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS in the Pittsburgh Area, and 2007, the year for which the Area monitored attainment for 1997 annual PM2.5 NAAQS, and 2011, the year for which the Area monitored attainment for the 2006 24-hour PM2.5 NAAQS. A summary of the emissions reductions in tpy of PM2.5 , NOX , SO2 , VOC, and NH3 from 2005 to 2007 in the Pittsburgh Area, submitted by PADEP, is provided in Table 5. For more information on EPA's analysis of the 2007 emissions inventories, see EPA's Inventory TSDs dated April 22, 2015, available in the docket for this rulemaking action at www.regulations.gov. Table 5--Emission Reductions From 2005 to 2007 in the Pittsburgh-Beaver Valley Area ---------------------------------------------------------------------------------------------------------------- Percent Sector 2005 2007 Net reduction reduction 2005-2007 2005-2007 ---------------------------------------------------------------------------------------------------------------- PM2.5......................... Point........... 27,817 8,913 18,904 67.9 Area............ 7,916 6,392 1,524 19.3 On-road......... 1,898 1,692 206 10.9 Non-road........ 1,539 1,151 388 25.2 --------------------------------------------------------------- Total........... 39,170 18,148 21,022 53.7 ---------------------------------------------------------------------------------------------------------------- NOX........................... Point........... 92,808 92,750 58 0.0 Area............ 8,622 7,946 676 7.8 On-road......... 58,268 49,052 9,216 15.8 Non-road........ 31,519 21,175 10,344 32.8 --------------------------------------------------------------- Total........... 191,217 170,923 20,294 10.6 ---------------------------------------------------------------------------------------------------------------- SO2........................... Point........... 470,511 438,716 31,795 6.8 Area............ 9,905 12,817 -2,912 -29.4 On-road......... 875 378 497 56.8 Non-road........ 2,364 694 1,670 70.6 --------------------------------------------------------------- Total........... 483,655 452,605 31,050 6.4 ---------------------------------------------------------------------------------------------------------------- VOC........................... Point........... 5,553 3,186 2,367 42.6 Area............ 36,683 28,991 7,692 20.9 On-road......... 22,306 20,194 2,112 9.5 Non-road........ 11,499 10,834 665 5.8 --------------------------------------------------------------- Total........... 76,041 63,205 12,836 16.9 ---------------------------------------------------------------------------------------------------------------- NH3........................... Point........... 738 584 154 20.9 Area............ 2,948 2,474 474 16.1 On-road......... 934 858 76 8.1 Non-road........ 14 16 -2 -14.3 --------------------------------------------------------------- Total........... 4,634 3,932 702 15.1 ---------------------------------------------------------------------------------------------------------------- A summary of the emissions reductions in tpy of PM2.5 , NOX , SO2 , VOC, and NH3 from 2005 to 2011 in the Pittsburgh Area, submitted by PADEP, is provided in Table 6. For more information on EPA's analysis of the 2011 emissions inventories, see EPA's Inventory TSDs dated April 22, 2015, available in the docket for this rulemaking action at www.regulations.gov. [[Page 28919]] Table 6--Emission Reductions From 2005 to 2011 in the Pittsburgh-Beaver Valley Area ---------------------------------------------------------------------------------------------------------------- Percent Sector 2005 2011 Net reduction reduction 2005-2011 2005-2011 ---------------------------------------------------------------------------------------------------------------- PM2.5......................... Point........... 27,817 7,287 20,530 73.8 Area............ 7,916 7,455 461 5.8 On-road......... 1,898 967 931 49.1 Non-road........ 1,539 667 872 56.6 --------------------------------------------------------------- Total........... 39,170 16,376 22,794 58.2 ---------------------------------------------------------------------------------------------------------------- NOX........................... Point........... 92,808 80,746 12,062 12.9 Area............ 8,622 19,667 -11,045 -128.1 On-road......... 58,268 29,184 29,084 50.0 Non-road........ 31,519 7,110 24,409 77.4 --------------------------------------------------------------- Total........... 191,217 136,707 54,510 28.5 ---------------------------------------------------------------------------------------------------------------- SO2........................... Point........... 470,511 122,541 347,970 73.9 Area............ 9,905 3,841 6,064 61.1 On-road......... 875 149 762 82.9 Non-road........ 2,364 20 2,344 99.1 --------------------------------------------------------------- Total........... 483,655 126,551 357,104 73.8 ---------------------------------------------------------------------------------------------------------------- VOC........................... Point........... 5,553 3,333 2,200 40.0 Area............ 36,683 26,012 10,671 29.1 On-road......... 22,306 14,813 7,493 33.6 Non-road........ 11,499 7,832 3,667 31.9 --------------------------------------------------------------- Total........... 76,041 51,990 24,051 31.6 ---------------------------------------------------------------------------------------------------------------- NH3........................... Point........... 738 322 416 56.3 Area............ 2,948 3,109 -161 -5.5 On-road......... 934 624 310 33.2 Non-road........ 14 10 4 28.6 --------------------------------------------------------------- Total........... 4,634 4,065 569 12.3 ---------------------------------------------------------------------------------------------------------------- The reduction in emissions and the corresponding improvement in air quality in the Pittsburgh Area from 2005 to 2007 for the 1997 annual PM2.5 NAAQs, and 2005 to 2011 for the 2006 24-hour PM2.5 NAAQs, can be attributed to a number of regulatory control measures that have been implemented in the Area and contributing areas in recent years. a. Federal Measures Implemented Reductions in PM2.5 precursor emissions have occurred statewide and in upwind states as a result of Federal emission control measures, with additional emission reductions expected to occur in the future. Control of NOX and SO2 PM2.5 concentrations in the Pittsburgh Area are impacted by the transport of sulfates and nitrates, and the Area's air quality is strongly affected by regulation of SO2 and NOX emissions from power plants. NOX SIP Call--On October 27, 1998 (63 FR 57356), EPA issued the NOX SIP Call requiring the District of Columbia and 22 states to reduce emissions of NOX , a precursor to ozone pollution.\14\ Affected states were required to comply with Phase I of the SIP Call beginning in 2004 and Phase II beginning in 2007. Emission reductions resulting from regulations developed in response to the NOX SIP Call are permanent and enforceable. By imposing an emissions cap regionally, the NOX SIP Call reduced NOX emissions from large EGUs and large non-EGUs such as industrial boilers, internal combustion engines, and cement kilns. In response to the NOX SIP Call, Pennsylvania adopted its NOX Budget Trading Program regulations for EGUs and large industrial boilers, with emission reductions starting in May 2003. Pennsylvania's NOX Budget Trading Program regulation was approved into the Pennsylvania SIP on August 21, 2001 (66 FR 43795). To meet other requirements of the NOX SIP Call, Pennsylvania adopted NOX control regulations for cement plants and internal combustion engines, with emission reductions starting in May 2005. These regulations were approved into the Pennsylvania SIP on September 29, 2006 (71 FR 57428). --------------------------------------------------------------------------- \14\ Although the NOX SIP Call was issued in order to address ozone pollution, reductions of NOX as a result of that program have also impacted PM2.5 pollution, for which NOX is also a precursor emission. --------------------------------------------------------------------------- CAIR--As previously noted, CAIR (70 FR 25162, May 12, 2005) created regional cap-and-trade programs to reduce SO2 and NOX emissions in 27 eastern states, including Pennsylvania. EPA approved the Commonwealth's CAIR regulation, codified in 25 Pa. Code Chapter 145, Subchapter D, into the Pennsylvania SIP on December 10, 2009 (74 FR 65446). In 2009, the CAIR ozone season NOX trading program superseded the NOX Budget Trading Program, although the emission reduction obligations of the NOX SIP Call were not rescinded. See 40 CFR 51.121(r) and 51.123(aa). EPA promulgated CSAPR to replace CAIR as an emission trading program for EGUs. As discussed previously, pursuant to the D.C. Circuit Court's October 23, 2014 Order, the stay of CSAPR has been lifted and implementation of CSAPR commenced in January 2015. EPA expects that the implementation of CSAPR will preserve the reductions achieved by CAIR and [[Page 28920]] result in additional SO2 and NOX emission reductions throughout the maintenance period. Tier 2 Emission Standards for Vehicles and Gasoline Sulfur Standards These emission control requirements result in lower NOX emissions from new cars and light duty trucks, including sport utility vehicles. The Federal rules were phased in between 2004 and 2009. EPA estimated that, after phasing in the new requirements, the following vehicle NOX emission reductions will have occurred nationwide: Passenger cars (light duty vehicles) (77 percent); light duty trucks, minivans, and sports utility vehicles (86 percent); and larger sports utility vehicles, vans, and heavier trucks (69 to 95 percent). Some of the emissions reductions resulting from new vehicle standards occurred during the 2008-2010 attainment period; however, additional reductions will continue to occur throughout the maintenance period as new vehicles replace older vehicles. EPA expects fleet wide average emissions to decline by similar percentages as new vehicles replace older vehicles. Heavy-Duty Diesel Engine Rule EPA issued the Heavy-Duty Diesel Engine Rule in July 2000. This rule included standards limiting the sulfur content of diesel fuel, which went into effect in 2004. A second phase took effect in 2007 which reduced PM2.5 emissions from heavy-duty highway engines and further reduced the highway diesel fuel sulfur content to 15 parts per million (ppm). Standards for gasoline engines were phased in starting in 2008. The total program is estimated to achieve a 90 percent reduction in direct PM2.5 emissions and a 95 percent reduction in NOX emissions for new engines using low sulfur diesel fuel. Nonroad Diesel Rule On June 29, 2004 (69 FR 38958), EPA promulgated the Nonroad Diesel Rule for large nonroad diesel engines, such as those used in construction, agriculture, and mining, to be phased in between 2008 and 2014. The rule phased in requirements for reducing the sulfur content of diesel used in nonroad diesel engines. The reduction in sulfur content prevents damage to the more advanced emission control systems needed to meet the engine standards. It will also reduce fine particulate emissions from diesel engines. The combined engine standards and the sulfur in fuel reductions will reduce NOX and PM emissions from large nonroad engines by over 90 percent, compared to current nonroad engines using higher sulfur content diesel. Nonroad Large Spark-Ignition Engine and Recreational Engine Standards In November 2002, EPA promulgated emission standards for groups of previously unregulated nonroad engines. These engines include large spark-ignition engines such as those used in forklifts and airport ground-service equipment; recreational vehicles using spark-ignition engines such as off-highway motorcycles, all-terrain vehicles, and snowmobiles; and recreational marine diesel engines. Emission standards from large spark-ignition engines were implemented in two tiers, with Tier 1 starting in 2004 and Tier 2 in 2007. Recreational vehicle emission standards are being phased in from 2006 through 2012. Marine Diesel engine standards were phased in from 2006 through 2009. With full implementation of all of the nonroad spark-ignition engine and recreational engine standards, an overall 80 percent reduction in NOX is expected by 2020. Some of these emission reductions occurred by the 2002-2007 attainment period and additional emission reductions will occur during the maintenance period as the fleet turns over. Federal Standards for Hazardous Air Pollutants As required by the CAA, EPA developed Maximum Available Control Technology (MACT) Standards to regulate emissions of hazardous air pollutants from a published list of industrial sources referred to as ``source categories.'' The MACT standards have been adopted and incorporated by reference in Section 6.6 of Pennsylvania's Air Pollution Control Act and implementing regulations in 25 Pa. Code Sec. 127.35 and are also included in Federally enforceable permits issued by PADEP for affected sources. The Industrial/Commercial/Institutional (ICI) Boiler MACT standards (69 FR 55217, September 13, 2004 and 76 FR 15554, February 21, 2011) are estimated to reduce emissions of PM, SO2 , and VOCs from major source boilers and process heaters nationwide. Also, the Reciprocating Internal Combustion Engines (RICE) MACT will reduce NOX and PM emissions from engines located at facilities such as pipeline compressor stations, chemical and manufacturing plants, and power plants. b. State Measures Heavy-Duty Diesel Emissions Control Program In 2002, Pennsylvania adopted the Heavy-Duty Diesel Emissions Control Program for model years starting in May 2004. The program incorporates California standards by reference and required model year 2005 and beyond heavy-duty diesel highway engines to be certified to the California standards, which were more stringent than the Federal standards for model years 2005 and 2006. After model year 2006, Pennsylvania required implementation of the Federal standards that applied to model years 2007 and beyond, discussed in the Federal measures section of this proposed rulemaking action. This program reduced emissions of NOX statewide. Vehicle Emission Inspection/Maintenance (I/M) Program The Pittsburgh Area has had a vehicle emissions inspection program since 1984, and in 2004, Pennsylvania revised the implementation of its Vehicle Emission I/M program in the Pittsburgh Area, and applies to model year 1975 and newer gasoline-powered vehicles that are 9,000 pounds and under. The program, approved into the Pennsylvania SIP on October 6, 2005 (70 FR 58313), consists of annual on-board diagnostics and gas cap test for model year 1996 vehicles and newer, and an annual visual inspection of pollution control devices and gas cap test for model year 1995 vehicles and older. This program reduces emissions of NOX from affected vehicles. Regulation of Cement Kilns and Large Stationary Internal Combustion Engines On December 10, 2009 (74 FR 65446), EPA approved Pennsylvania regulation 25 Pa. Code Chapter 145, Subchapters B and C (relating to emissions of NOX from stationary internal combustion engines, and emissions of NOX from cement manufacturing). Consumer Products Regulation Pennsylvania regulation 25 Pa. Code Chapter 130, Subchapter B (Consumer Products) established, effective January 1, 2005, VOC emission limits to numerous categories of consumer products, and applies statewide to any person who sells, supplies, offers for sale, or manufactures such consumer products on or after January 5, 2005 for use in Pennsylvania. It was approved into the Pennsylvania SIP on December 8, 2004 (69 FR 70895). Based on the information summarized above, Pennsylvania has adequately [[Page 28921]] demonstrated that the improvements in air quality in the Pittsburgh Area are due to permanent and enforceable emissions reductions. The reductions result from Federal and State requirements and regulation of precursors within Pennsylvania that affect the Pittsburgh Area. B. Maintenance Plan On December 22, 2014, PADEP submitted a combined maintenance plan for the Pittsburgh Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS, as required by section 175A of the CAA. EPA's analysis for proposing approval of the maintenance plan is provided in this section. 1. Attainment Emissions Inventory An attainment inventory is comprised of the emissions during the time period associated with the monitoring data showing attainment. PADEP determined that the appropriate attainment inventory year for the maintenance plan for the 1997 annual NAAQS is 2007, one of the years in the periods during which the Pittsburgh Area monitored attainment of the 1997 annual PM2.5 NAAQS. PADEP determined that the appropriate attainment inventory year for the maintenance plan for the 2006 24-hour PM2.5 NAAQS is 2011, one of the years in the periods during which the Pittsburgh Area monitored attainment of the 2006 24-hour PM2.5 NAAQS. The 2007 and 2011 inventories included in the maintenance plan contain primary PM2.5 emissions (including condensables), SO2 , NOX , VOC, and NH3 . In its redesignation request and maintenance plan for the 1997 annual and 2006 24-hour PM2.5 NAAQS, PADEP described the methods used for developing its 2007 and 2011 comprehensive emissions inventories. EPA reviewed the procedures used to develop the inventories and found them to be reasonable. EPA has reviewed the documentation provided by PADEP and found the 2007 and 2011 emissions inventories submitted with the maintenance plan to be approvable. For more information on EPA's analysis of the 2007 and 2011emissions inventories, see EPA's Inventory TSDs, dated April 22, 2015, available in the docket for this rulemaking action at www.regulations.gov. 2. Maintenance Demonstration Section 175A requires a state seeking redesignation to attainment to submit a SIP revision to provide for the maintenance of the NAAQS in the area ``for at least 10 years after the redesignation.'' EPA has interpreted this as a showing of maintenance ``for a period of ten years following redesignation.'' The Federal and State measures described in Section V.A.3 of this proposed rulemaking action demonstrate that the reductions in emissions from point, area, and mobile sources in the Area have occurred and will continue to occur through 2025. In addition, the following State and Federal regulations and programs ensure the continuing decline of SO2 , NOX , PM2.5 , and VOC emissions in the Area during the maintenance period and beyond: Non-EGUs Previously Covered Under the NOX SIP Call Pennsylvania established NOX emission limits for the large industrial boilers that were previously subject to the NOX SIP Call, but were not subject to CAIR. For these units, Pennsylvania established an allowable ozone season NOX limit based on the unit's previous ozone season's heat input. A combined NOX ozone season emissions cap of 3,418 tons applies for all of these units. CSAPR (August 8, 2011, 76 FR 48208) EPA promulgated CSAPR to replace CAIR as an emission trading program for EGUs. As discussed previously, pursuant to the D.C. Circuit Court's October 23, 2014 Order, the stay of CSAPR has been lifted and implementation of CSAPR commenced in January 2015. EPA expects that the implementation of CSAPR will preserve the reductions achieved by CAIR and result in additional SO2 and NOX emission reductions throughout the maintenance period. Regulation of Cement Kilns On July 19, 2011 (76 FR 52558), EPA approved amendments to 25 Pa. Code Chapter 145 Subchapter C to further reduce NOX emissions from cement kilns. The amendments established NOX emission rate limits for long wet kilns, long dry kilns, and preheater and precalciner kilns that are lower by 35 percent to 63 percent from the previous limit of 6 pounds of NOX per ton of clinker that applied to all kilns. The amendments were effective on April 15, 2011. Consumer Products Regulation Amendments to Pennsylvania regulation 25 Pa. Code Chapter 130, Subchapter B (Consumer Products) established, effective January 1, 2009, new or more stringent VOC standards for consumer products. The amendments were approved into the Pennsylvania SIP on October 18, 2010 (75 FR 63717). Pennsylvania's Clean Vehicle Program The Pennsylvania Clean Vehicles Program (formerly, New Motor Vehicle Control Program) incorporates by reference the California Low Emission Vehicle program (CA LEVII), although it allowed automakers to comply with the National Low Emission Vehicle (NLEV) program as an alternative to this program until Model Year (MY) 2006. The Clean Vehicles Program, codified in 25 Pa. Code Chapter 126, Subchapter D, was modified to require CA LEVII to apply to MY 2008 and beyond, and was approved into the Pennsylvania SIP on January 24, 2012 (77 FR 3386). The Clean Vehicles Program incorporates by reference the emission control standards of CA LEVII, which, among other requirements, reduces emissions of NOX by requiring that passenger car emission standards and fleet average emission standards also apply to light duty vehicles. Model year 2008 and newer passenger cars and light duty trucks are required to be certified for emissions by the California Air Resource Board (CARB), in order to be sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired, received, titled or registered in Pennsylvania. In addition, manufacturers are required to demonstrate that the California fleet average standard is met based on the number of new light-duty vehicles delivered for sale in the Commonwealth. The Commonwealth's submittal for the January 24, 2012 rulemaking projected that, by 2025, the program will achieve approximately 285 tons more NOX reductions than Tier II for the counties in the Pittsburgh Area. Two Pennsylvania regulations--the Diesel-Powered Motor Vehicle Idling Act (August 1, 2011, 76 FR 45705) and the Outdoor Wood-Fired Boiler regulation (September 20, 2011, 76 FR 58114)--were not included in the projection inventories, but may also assist in maintaining the standard. Also, the Tier 3 Motor Vehicle Emission and Fuel Standards (79 FR 23414, April 29, 2014) establishes more stringent vehicle emissions standards and will reduce the sulfur content of gasoline beginning in 2017. The fuel standard will achieve NOX reductions by further increasing the effectiveness of vehicle emission controls for both existing and new vehicles. Natural Gas Activities The emissions growth due to a new emissions source, development of natural gas resources from Marcellus Shale (and other deep formations), is included in the area source inventory. [[Page 28922]] PADEP requires annual emission reporting under 25 Pa. Code Chapter 135 (relating to reporting of sources) of unconventional natural gas development companies. The initial annual source reporting for unconventional natural gas operations began in 2012 for emissions during the 2011 calendar year. Emissions were projected to 2017 and 2025 based on the most recent emissions inventory reports available (2013 for compressor engines and 2012 for all other sources). See Appendix B-3 of Pennsylvania's submittal for more details on the methodology used for estimating Marcellus Shale development activity and for the emission totals by pollutant. Starting January 2015, Federal regulations (40 CFR part 60, subpart OOOO) require wells to capture gas at the wellhead. EPA estimates that VOC emissions from hydraulically fractured well completions will decrease by 95 percent as a result of this regulation. The State and Federal regulations and programs described above ensure the continuing decline of SO2 , NOX , PM2.5 , and VOC emissions in the Pittsburgh Area during the maintenance period and beyond. A summary of the projected reductions from these measures from 2007 to 2025 is shown in Table 7, and from 2011 to 2025 is shown in Table 8. The future year inventories include potential emissions increases from natural gas activities. Table 7--Emission Reductions From 2007 to 2025 Due to Control Measures in TPY ---------------------------------------------------------------------------------------------------------------- PM2.5 NOX SO2 VOC NH3 ---------------------------------------------------------------------------------------------------------------- Point........................... 54 -3,095 340,699 -293 -12 Area............................ 672 -23 2,515 2,961 -136 On-Road......................... 1,155 38,343 260 15,069 405 Non-Road........................ 611 11,370 588 4,697 -3 Natural Gas Activities.......... -397 -8,716 -37 -8,502 0 ------------------------------------------------------------------------------- Totals...................... 2,095 37,879 343,995 13,932 254 ---------------------------------------------------------------------------------------------------------------- Table 8--Emission Reductions From 2011 to 2025 Due to Control Measures in TPY ---------------------------------------------------------------------------------------------------------------- PM2.5 NOX SO2 VOC NH3 ---------------------------------------------------------------------------------------------------------------- Point........................... -1,572 -15,099 24,494 -146 -274 Area............................ 1,735 11,698 -6,461 -18 499 On-Road......................... 430 18,475 31 9,688 171 Non-Road........................ 127 -2,695 -86 1,695 0 Natural Gas Activities.......... -397 -8,716 -37 -8,502 0 ------------------------------------------------------------------------------- Totals...................... 323 3,663 17,941 2,717 387 ---------------------------------------------------------------------------------------------------------------- Where the emissions inventory method of showing maintenance is used, its purpose is to show that emissions during the maintenance period will not increase over the attainment year inventory. See 1992 Calcagni Memorandum, pages 9-10. For a demonstration of maintenance, emissions inventories are required to be projected to future dates to assess the influence of future growth and controls; however, the demonstration need not be based on modeling. See Wall v. EPA, supra; Sierra Club v. EPA, supra. See also 66 FR 53099-53100 and 68 FR 25430- 32. PADEP uses projection inventories to show that the Pittsburgh Area will remain in attainment and developed projection inventories for an interim year of 2017 and a maintenance plan end year of 2025 to show that future emissions of NOX , SO2, PM2.5 , VOC, and NH3 will remain at or below the attainment year 2007 for the 1997 annual and 2011 for the 2006 24-hour PM2.5 NAAQS, respectively, throughout the Pittsburgh Area through the year 2025. EPA has reviewed the documentation provided by PADEP for developing annual 2017 and 2025 emissions inventories for the Pittsburgh Area. See Appendix C-2 and C-3 of Pennsylvania's submittal. EPA has determined that the 2017 and 2025 projected emissions inventories provided by PADEP are approvable. For more information on EPA's analysis of the emissions inventories, see EPA's Inventory TSDs, dated April 22, 2015, available in the docket for this rulemaking action at www.regulations.gov. Table 9 provides a summary of the PM2.5 , NOX , SO2 , VOC, and NH3 emissions inventories in tpy, for the Pittsburgh Area for the 2007 attainment year for the 1997 annual PM2.5 NAAQS and the 2011 attainment year for the 2006 24-hour PM2.5 NAAQS, as compared to the projected inventories for the 2017 interim year, and the 2025 maintenance plan end year for the Pittsburgh Area. Table 9--Comparison of 2007 and 2011 Attainment Years and 2017 and 2025 Projected PM2.5 Emissions in the Pittsburgh Area ---------------------------------------------------------------------------------------------------------------- Year PM2.5 NOX SO2 NH3 VOC ---------------------------------------------------------------------------------------------------------------- 2007 (attainment)............... 18,148 170,923 452,605 3,932 63,205 2011 (attainment)............... 16,376 136,707 126,551 4,065 51,990 2017 (interim).................. 15,932 132,236 100,867 3,625 49,860 2007-2017 (projected decrease).. 2,216 38,687 351,738 307 13,345 2011-2017 (projected decrease).. 444 4,471 25,644 440 2,130 2025 (maintenance).............. 16,053 133,044 108,610 3,678 49,273 2007-2025 (projected decrease).. 2,095 37,879 343,995 254 13,932 [[Page 28923]] 2011-2025 (projected decrease).. 323 3,663 17,941 387 2,717 ---------------------------------------------------------------------------------------------------------------- As shown in Table 9, the projected levels of PM2.5 , NOX , SO2 , VOC, and NH3 are under the 2007 and 2011 attainment year levels for each of these pollutants. Pennsylvania has adequately demonstrated that the Area will continue to maintain the 1997 annual and the 2006 24-hour PM2.5 NAAQS. 3. Monitoring Network Pennsylvania's maintenance plan includes a commitment to operate its EPA-approved monitoring network, as necessary to demonstrate ongoing compliance with the NAAQS. Pennsylvania currently operates a PM2.5 monitor in the Pittsburgh Area. In its December 22, 2014 submittal, Pennsylvania stated that it will consult with EPA prior to making any necessary changes to the network and will continue to operate the monitoring network in accordance with the requirements of 40 CFR part 58. 4. Verification of Continued Attainment To provide for tracking of the emission levels in the Area, PADEP will: (a) Evaluate annually the vehicle miles travelled (VMT) data and the annual emissions reported from stationary sources to compare them with the assumptions used in the maintenance plan, and (b) evaluate the periodic emissions inventory for all PM2.5 precursors prepared every three years in accordance with EPA's Air Emissions Reporting Requirements (AERR) to determine whether there is an exceedance of more than ten percent over the 2007 and 2011 inventories. Also, as noted in the previous subsection, PADEP has stated that it will continue to operate its monitoring system in accordance with 40 CFR part 58 and remains obligated to quality-assure monitoring data and enter all data into the AQS in accordance with Federal requirements. PADEP has stated that it will use this data in considering whether additional control measures are needed to assure continuing attainment in the Area. 5. Contingency Measures The contingency plan provisions are designed to promptly correct any violation of the 1997 annual and/or the 2006 24-hour PM2.5 NAAQS that occurs in the Pittsburgh Area after redesignation. Section 175A of the CAA requires that a maintenance plan include such contingency measures as EPA deems necessary to ensure that a state will promptly correct a violation of the NAAQS that occurs after redesignation. The maintenance plan should identify the events that would ``trigger'' the adoption and implementation of a contingency measure(s), the contingency measure(s) that would be adopted and implemented, and the schedule indicating the time frame by which the state would adopt and implement the measure(s). Pennsylvania's maintenance plan describes the procedures for the adoption and implementation of contingency measures to reduce emissions should a violation occur. Pennsylvania's contingency measures include a first level response and a second level response. A first level response is triggered when the annual mean PM2.5 concentration exceeds 15.5 [mu]g/m\3\ in a single calendar year within the Area, when the 98th percentile 24-hour PM2.5 concentration exceeds 35.0 [mu]g/m\3\ in a single calendar year within the area, or when the periodic emissions inventory for the Area exceeds the attainment year inventory (2007 and 2011) by more than ten percent. The first level response will consist of a study to determine if the emissions trends show increasing concentrations of PM2.5 , and whether this trend is likely to continue. If it is determined through the study that action is necessary to reverse a trend of emissions increases, Pennsylvania will, as expeditiously as possible, implement necessary and appropriate control measures to reverse the trend. A second level response will be prompted if the two-year average of the annual mean concentration exceeds 15.0 [mu]g/m\3\ or if the two- year average of the 98th percentile 24-hour PM2.5 concentration exceeds 35.0 [mu]g/m\3\within the Area. This would trigger an evaluation of the conditions causing the exceedance, whether additional emission control measures should be implemented to prevent a violation of the standard, and analysis of potential measures that could be implemented to prevent a violation. Pennsylvania would then begin its adoption process to implement the measures as expeditiously as practicable. If a violation of the PM2.5 NAAQS occurs, PADEP will propose and adopt necessary additional control measures in accordance with the implementation schedule in the maintenance plan. Pennsylvania's candidate contingency measures include the following: (1) A regulation based on the Ozone Transport Commission (OTC) Model Rule to update requirements for consumer products; (2) a regulation based on the Control Techniques Guidelines (CTG) for industrial cleaning solvents; (3) voluntary diesel projects such as diesel retrofit for public or private local onroad or offroad fleets, idling reduction technology for Class 2 yard locomotives, and idling reduction technologies or strategies for truck stops, warehouses, and other freight-handling facilities; (4) promotion of accelerated turnover of lawn and garden equipment, focusing on commercial equipment; and (5) promotion of alternative fuels for fleets, home heating and agricultural use. Pennsylvania's rulemaking process and schedule for adoption and implementation of any necessary contingency measure is shown in the SIP submittals as being 18 months from PADEP's approval to initiate rulemaking. For all of the reasons discussed in this section, EPA is proposing to approve Pennsylvania's 1997 annual and 2006 24-hour PM2.5 maintenance plan for the Pittsburgh Area as meeting the requirements of section 175A of the CAA. C. Motor Vehicle Emissions Budgets Section 176(c) of the CAA requires Federal actions in nonattainment and maintenance areas to ``conform to'' the goals of SIPs. This means that such actions will not cause or contribute to violations of a NAAQS, worsen the severity of an existing violation, or delay timely attainment of any NAAQS or any interim milestone. Actions involving Federal Highway Administration (FHWA) or Federal Transit Administration (FTA) funding or approval are subject to the transportation conformity rule (40 CFR part 93, subpart A). Under this rule, metropolitan planning organizations (MPOs) in nonattainment and maintenance areas coordinate with state air quality and transportation agencies, [[Page 28924]] EPA, and the FHWA and FTA to demonstrate that their long range transportation plans and transportation improvement programs (TIP) conform to applicable SIPs. This is typically determined by showing that estimated emissions from existing and planned highway and transit systems are less than or equal to the MVEBs contained in the SIP. On December 22, 2014, Pennsylvania submitted a SIP revision that contains the 2017 and 2025 PM2.5 and NOX onroad mobile source budgets for Beaver, Butler, Washington, and Westmoreland Counties and portions of Allegheny, Armstrong, Green and Lawrence Counties. Pennsylvania did not provide emission budgets for SO2 , VOC, and NH3 because it concluded, consistent with the presumptions regarding these precursors in the Transportation Conformity Rule at 40 CFR 93.102(b)(2)(v), which predated and were not disturbed by the litigation on the 1997 PM2.5 Implementation Rule, that emissions of these precursors from motor vehicles are not significant contributors to the Area's PM2.5 air quality problem. EPA issued conformity regulations to implement the 1997 annual PM2.5 NAAQS in July 2004 and May 2005 (69 FR 40004, July 1, 2004 and 70 FR 24280, May 6, 2005). The D.C. Circuit Court's January 2013 decision does not affect EPA's proposed approval of the MVEBs for the Area. The MVEBs are presented in Table 10. Table 10--MVEBs for the Pittsburgh Area for the 1997 Annual and 2006 24- Hour PM2.5 NAAQS in TPY ------------------------------------------------------------------------ Year PM2.5 NOX ------------------------------------------------------------------------ 2017................................................ 700 17,584 2025................................................ 537 10,709 ------------------------------------------------------------------------ EPA's substantive criteria for determining adequacy of MVEBs are set out in 40 CFR 93.118(e)(4). Additionally, to approve the MVEBs, EPA must complete a thorough review of the SIP, in this case the PM2.5 maintenance plan, and conclude that with the projected level of motor vehicle and all other emissions, the SIPs will achieve its overall purpose, in this case providing for maintenance of the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA's process for determining adequacy of a MVEB consists of three basic steps: (1) Providing public notification of a SIP submission; (2) providing the public the opportunity to comment on the MVEB during a public comment period; and (3) EPA taking action on the MVEB. In this proposed rulemaking action, EPA is also initiating the process for determining whether or not the MVEBs are adequate for transportation conformity purposes. The publication of this rulemaking starts a 30-day public comment period on the adequacy of the submitted MVEBs. This comment period is concurrent with the comment period on this proposed action and comments should be submitted to the docket for this rulemaking. EPA may choose to make its determination on the adequacy of the budgets either in the final rulemaking on this maintenance plan and redesignation request or by informing Pennsylvania of the determination in writing, publishing a notice in the Federal Register and posting a notice on EPA's adequacy Web page (http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm).\15\ --------------------------------------------------------------------------- \15\ For additional information on the adequacy process, please refer to 40 CFR 93.118(f) and the discussion of the adequacy process in the preamble to the 2004 final transportation conformity rule. See 69 FR at 40039-40043. --------------------------------------------------------------------------- EPA has reviewed the MVEBs and finds that the submitted MVEBs are consistent with the maintenance plan and that the budgets meet the criteria for adequacy and approval. Therefore, EPA is proposing to approve the 2017 and 2025 PM2.5 and NOX MVEBs for the Pittsburgh Area for transportation conformity purposes. Additional information pertaining to the review of the MVEBs can be found in the Adequacy Findings TSD dated April 23, 2015, available on line at www.regulations.gov, Docket ID No. EPA-R03-OAR-2014-0902. VI. Proposed Actions EPA is proposing to approve Pennsylvania's request to redesignate the Pittsburgh Area from nonattainment to attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA has evaluated Pennsylvania's redesignation request and determined that upon approval of the 2007 and 2011 comprehensive emissions inventories for the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively, proposed as part of this rulemaking action, it would meet the redesignation criteria set forth in section 107(d)(3)(E) of the CAA. The monitoring data demonstrates that the Pittsburgh Area attained as determined by EPA in a prior rulemaking and for reasons discussed herein, that it will continue to attain both NAAQS. Final approval of this redesignation request would change the designation of the Pittsburgh Area from nonattainment to attainment for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA is also proposing to approve the associated maintenance plan for the Pittsburgh Area as a revision to the Pennsylvania SIP for the 1997 annual and 2006 24-hour PM2.5 NAAQS because it meets the requirements of section 175A of the CAA as described previously in this proposed rulemaking. In addition, EPA is proposing to approve the 2007 and 2011 comprehensive emissions inventories as meeting the requirement of section 172(c)(3) of the CAA for the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively. Furthermore, EPA is proposing to approve the 2017 and 2025 PM2.5 and NOX MVEBs for the Pittsburgh Area for transportation conformity purposes. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. VII. 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 proposes to approve 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 Order 12866 (58 FR 51735, October 4, 1993); 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); [[Page 28925]] 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 proposing to approve Pennsylvania's redesignation request, maintenance plan, 2007 and 2011 comprehensive emissions inventories for the 1997 annual and 2006 24-hour PM 2.5 NAAQS, respectively, and MVEBs for transportation conformity purposes for the Pittsburgh Area for both 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 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 40 CFR Part 81 Air pollution control, National parks, Wilderness areas. Authority: 42 U.S.C. 7401 et seq. Dated: May 11, 2015. William C. Early, Acting, Regional Administrator, Region III. [FR Doc. 2015-12237 Filed 5-19-15; 8:45 am] BILLING CODE 6560-50-P
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EPA therefore proposes to find the in section III. of this preamble. The EPA In addition, this rule is not proposed
proposed SIP revisions to be fully has made, and will continue to make, to apply on any Indian reservation land
approvable. these documents generally available or in any other area where the EPA or
electronically through an Indian tribe has demonstrated that
III. Proposed Action
www.regulations.gov and/or in hard tribe has jurisdiction. In those areas of
The EPA is proposing to approve copy at the appropriate EPA office (see Indian country, the proposed rule does
revisions to the Albuquerque-Bernalillo the ADDRESSES section of this preamble not have tribal implications and will not
County PSD program that were for more information). impose substantial direct costs on tribal
submitted by New Mexico as a SIP governments or preempt tribal law as
revision on July 26, 2013, and March 4, V. Statutory and Executive Order
specified by Executive Order 13175 (65
2015. We are proposing approval of the Reviews
FR 67249, November 9, 2000).
portions of the July 26, 2013, and March Under the CAA, the Administrator is
4, 2015, submittals that revised the required to approve a SIP submission List of Subjects in 40 CFR Part 52
following sections under 20.11.61: that complies with the provisions of the Environmental protection, Air
• 20.11.61.2 NMAC—Scope, Act and applicable Federal regulations. pollution control, Carbon monoxide,
• 20.11.61.5 NMAC—Effective Date, 42 U.S.C. 7410(k); 40 CFR 52.02(a). Incorporation by reference,
• 20.11.61.6 NMAC—Objective, Thus, in reviewing SIP submissions, the Intergovernmental relations, Lead,
• 20.11.61.7 NMAC—Definitions, EPA’s role is to approve state choices, Nitrogen dioxide, Ozone, Particulate
• 20.11.61.10 NMAC—Documents, provided that they meet the criteria of matter, Reporting and recordkeeping
• 20.11.61.11 NMAC—Applicability, the CAA. Accordingly, this action requirements, Sulfur oxides, Volatile
• 20.11.61.12 NMAC—Obligations of merely proposes to approve state law as organic compounds.
Owners or Operators of Sources, meeting Federal requirements and does Authority: 42 U.S.C. 7401 et seq.
• 20.11.61.14 NMAC—Control not impose additional requirements
Technology Review and Innovative beyond those imposed by state law. For Dated: April 24, 2015.
Control Technology, that reason, this action: Ron Curry,
• 20.11.61.15 NMAC—Ambient • Is not a ‘‘significant regulatory Regional Administrator, Region 6.
Impact Requirements, action’’ subject to review by the Office [FR Doc. 2015–11780 Filed 5–19–15; 8:45 am]
• 20.11.61.18 NMAC—Air Quality of Management and Budget under BILLING CODE 6560–50–P
Analysis and Monitoring Requirements, Executive Orders 12866 (58 FR 51735,
• 20.11.61.20 NMAC—Actuals October 4, 1993) and 13563 (76 FR 3821,
Plantwide Applicability Limits (PALs), January 21, 2011); ENVIRONMENTAL PROTECTION
• 20.11.61.23 NMAC—Exclusions • Does not impose an information AGENCY
from Increment Consumption, collection burden under the provisions
• 20.11.61.24 NMAC—Sources of the Paperwork Reduction Act (44 40 CFR Parts 52 and 81
Impacting Federal Class I Areas- U.S.C. 3501 et seq.); [EPA–R03–OAR–2015–0029; FRL–9928–00–
Additional Requirements, • Is certified as not having a Region 3]
• 20.11.61.27 NMAC—Table 2- significant economic impact on a
Significant Emission Rates, substantial number of small entities Approval and Promulgation of Air
• 20.11.61.29 NMAC—Table 4- under the Regulatory Flexibility Act (5 Quality Implementation Plans;
Allowable PSD Increments, and U.S.C. 601 et seq.); Pennsylvania; Redesignation Request
• 20.11.61.30 NMAC—Table 5- • Does not contain any unfunded and Associated Maintenance Plan for
Maximum Allowable Increases for Class mandate or significantly or uniquely the Pittsburgh-Beaver Valley
I Variances. affect small governments, as described Nonattainment Area for the 1997
The EPA has determined that these in the Unfunded Mandates Reform Act Annual and 2006 24-Hour Fine
revisions to the New Mexico SIP’s of 1995 (Pub. L. 104–4); Particulate Matter Standard
Albuquerque-Bernalillo County PSD • Does not have Federalism
program are approvable because the implications as specified in Executive AGENCY: Environmental Protection
submitted rules are adopted and Order 13132 (64 FR 43255, August 10, Agency (EPA).
submitted in accordance with the CAA 1999); ACTION: Proposed rule.
and are consistent with the EPA • Is not an economically significant
regulations regarding PSD permitting. regulatory action based on health or SUMMARY: The Environmental Protection
The EPA is proposing this action under safety risks subject to Executive Order Agency (EPA) is proposing to approve
section 110 and part C of the Act. 13045 (62 FR 19885, April 23, 1997); the Commonwealth of Pennsylvania’s
The EPA is severing from our • Is not a significant regulatory action December 22, 2014 request to
proposed approval action the revisions subject to Executive Order 13211 (66 FR redesignate to attainment the Pittsburgh-
to 20.11.60 NMAC submitted on July 26, 28355, May 22, 2001); Beaver Valley nonattainment area
2013, which are revisions to the • Is not subject to requirements of (Pittsburgh Area or Area) for the 1997
Albuquerque-Bernalillo County NNSR section 12(d) of the National annual and 2006 24-hour fine
Program and will be addressed in a Technology Transfer and Advancement particulate matter (PM2.5) National
separate action. Act of 1995 (15 U.S.C. 272 note) because Ambient Air Quality Standards
application of those requirements would (NAAQS or standards). EPA is also
mstockstill on DSK4VPTVN1PROD with PROPOSALS
IV. Incorporation by Reference be inconsistent with the CAA; and proposing to determine that the Area
In this rule, the EPA is proposing to • Does not provide the EPA with the continues to attain the 1997 annual and
include in a final EPA rule regulatory discretionary authority to address, as 2006 24-hour PM2.5 NAAQS. In
text that includes incorporation by appropriate, disproportionate human addition, EPA is proposing to approve
reference. In accordance with health or environmental effects, using as a revision to the Pennsylvania State
requirements of 1 CFR 51.5, the EPA is practicable and legally permissible Implementation Plan (SIP) the
proposing to incorporate by reference methods, under Executive Order 12898 associated maintenance plan that was
the New Mexico regulations discussed (59 FR 7629, February 16, 1994). submitted with the redesignation
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attainment for the 1997 annual and the (section 189(a)(1)(C)); and (4) RFP and attainment by the applicable
2006 24-hour PM2.5 NAAQS. quantitative milestones demonstrating date. These requirements no longer
With respect to evaluating the RFP toward attainment by the apply when an area has attained the
relevant substantive requirements of applicable attainment date (section standard and is eligible for
subpart 4 for purposes of redesignating 189(c)). redesignation. Furthermore, section
the Area, EPA notes that subpart 4 The permit requirements of subpart 4, 175A for maintenance plans . . .
incorporates components of subpart 1 of as contained in section 189(a)(1)(A), provides specific requirements for
part D, which contains general air refer to and apply the subpart 1 permit contingency measures that effectively
quality planning requirements for areas provisions requirements of sections 172 supersede the requirements of section
designated as nonattainment. See and 173 to PM10, without adding to 172(c)(9) for these areas.’’ Id. EPA
section 172(c). Subpart 4 itself contains them. Consequently, EPA believes that similarly stated in its 1992 Calcagni
specific planning and scheduling section 189(a)(1)(A) does not itself Memorandum that, ‘‘The requirements
requirements for coarse particulate impose for redesignation purposes any for reasonable further progress and other
matter (PM10) 5 nonattainment areas, additional requirements for moderate measures needed for attainment will not
and under the D.C. Circuit Court’s areas beyond those contained in subpart apply for redesignations because they
January 4, 2013 decision in NRDC v. 1.6 In any event, in the context of only have meaning for areas not
EPA, these same statutory requirements redesignation, EPA has long relied on attaining the standard.’’
also apply for PM2.5 nonattainment the interpretation that a fully approved It is evident that even if we were to
areas. EPA has longstanding general nonattainment NSR program is not consider the D.C. Circuit Court’s January
guidance that interprets the 1990 considered an applicable requirement 4, 2013 decision in NRDC v. EPA, or the
amendments to the CAA, making for redesignation, provided the area can June 2, 2014 PM2.5 Subpart 4
recommendations to states for meeting maintain the standard with a prevention Classification and Deadline Rule, to
the statutory requirements for SIPs for of significant deterioration (PSD) mean that attainment-related
nonattainment areas. See the General program after redesignation. A detailed requirements specific to subpart 4 were
Preamble. In the General Preamble, EPA rationale for this view is described in a either due prior to Pennsylvania’s
discussed the relationship of subpart 1 memorandum from Mary Nichols, December 22, 2014 redesignation
and subpart 4 SIP requirements, and Assistant Administrator for Air and request and must now be imposed
pointed out that subpart 1 requirements Radiation, dated October 14, 1994, retroactively,8 those requirements do
were to an extent ‘‘subsumed by, or entitled, ‘‘Part D NSR Requirements for not apply to areas that are attaining the
integrally related to, the more specific Areas Requesting Redesignation to 1997 annual and the 2006 24-hour PM2.5
PM10 requirements’’ (57 FR 13538, April Attainment.’’ See also rulemakings for NAAQS for the purpose of evaluating
16, 1992). The subpart 1 requirements Detroit, Michigan (60 FR 12467–12468, pending requests to redesignate the
include, among other things, provisions March 7, 1995); Cleveland-Akron- areas to attainment. EPA has
for attainment demonstrations, RACM, Lorain, Ohio (61 FR 20458, 20469– consistently enunciated this
RFP, emissions inventories, and 20470, May 7, 1996); Louisville, interpretation of applicable
contingency measures. Kentucky (66 FR 53665, October 23, requirements under section 107(d)(3)(E)
For the purposes of this redesignation 2001); and Grand Rapids, Michigan (61 since the General Preamble was
request, in order to identify any FR 31834–31837, June 21, 1996). With published more than twenty years ago.
additional requirements which would respect to the specific attainment Courts have recognized the scope of
apply under subpart 4, consistent with planning requirements under subpart EPA’s authority to interpret ‘‘applicable
EPA’s June 2, 2014 PM2.5 Subpart 4 4,7 when EPA evaluates a redesignation requirements’’ in the redesignation
Classification and Deadline Rule, EPA is request under either subpart 1 or 4, any context. See Sierra Club v. EPA, 375
considering the areas to be ‘‘moderate’’ area that is attaining the PM2.5 NAAQS F.3d 537 (7th Cir. 2004).
PM2.5 nonattainment areas. As EPA is viewed as having satisfied the Moreover, even outside the context of
explained in its June 2, 2014 rule, attainment planning requirements for redesignations, EPA has viewed the
section 188 of the CAA provides that all these subparts. For redesignations, EPA obligations to submit attainment-related
areas designated nonattainment areas has for many years interpreted SIP planning requirements of subpart 4
under subpart 4 are initially to be attainment-linked requirements as not as inapplicable for areas that EPA
classified by operation of law as applicable for areas attaining the determines are attaining the 1997
‘‘moderate’’ nonattainment areas, and standard. In the General Preamble, EPA annual and 2006 24-hour PM2.5 NAAQS.
remain moderate nonattainment areas stated that: ‘‘The requirements for RFP EPA’s prior ‘‘Clean Data Policy’’
unless and until EPA reclassifies the will not apply in evaluating a request rulemakings for the PM10 NAAQS, also
area as a ‘‘serious’’ nonattainment area. for redesignation to attainment since, at governed by the requirements of subpart
Accordingly, EPA believes that it is a minimum, the air quality data for the 4, explain EPA’s reasoning. They
appropriate to limit the evaluation of area must show that the area has already describe the effects of a determination of
the potential impact of subpart 4 attained. Showing that the State will attainment on the attainment-related SIP
requirements to those that would be make RFP towards attainment will, planning requirements of subpart 4. See
applicable to moderate nonattainment therefore, have no meaning at that ‘‘Determination of Attainment for Coso
areas. Sections 189(a) and (c) of subpart point.’’ Junction Nonattainment Area,’’ (75 FR
4 apply to moderate nonattainment The General Preamble also explained 27944, May 19, 2010). See also Coso
Junction Proposed PM10 Redesignation,
mstockstill on DSK4VPTVN1PROD with PROPOSALS
areas and include the following: (1) An that: ‘‘[t]he section 172(c)(9)
approved permit program for requirements are directed at ensuring (75 FR 36023, 36027, June 24, 2010);
construction of new and modified major Proposed and Final Determinations of
stationary sources (section 189(a)(1)(A)); 6 The potential effect of section 189(e) on section Attainment for San Joaquin
189(a)(1)(A) for purposes of evaluating this
(2) an attainment demonstration (section redesignation is discussed in this rulemaking 8 As explained earlier, EPA does not believe that
189(a)(1)(B)); (3) provisions for RACM action. the D.C. Circuit Court’s January 4, 2013 decision
7 EPA refers here to attainment demonstration, should be interpreted so as to impose these
5 PM
10 refers to particulates nominally 10 RFP, RACM, milestone requirements, and requirements on the states retroactively. Sierra Club
micrometers in diameter or smaller. contingency measures. v. Whitman, supra.
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Nonattainment Area (71 FR 40952, of such precursors ‘‘do not contribute However, even if EPA takes the view
40954–55, July 19, 2006; and 71 FR significantly to PM10 levels which that the requirements of subpart 4 were
63641, 63643–47, October 30, 2006). In exceed the standard in the area.’’ deemed applicable at the time the state
short, EPA in this context has also long EPA’s 1997 PM2.5 Implementation submitted the redesignation request,
concluded that to require states to meet Rule, remanded by the D.C. Circuit and disregards the 1997 PM2.5
superfluous SIP planning requirements Court, contained rebuttable Implementation Rule’s rebuttable
is not necessary and not required by the presumptions concerning certain PM2.5 presumptions regarding NH3 and VOC
CAA, so long as those areas continue to precursors applicable to attainment as PM2.5 precursors, the regulatory
attain the relevant NAAQS. plans and control measures related to consequence would be to consider the
As stated previously in this proposed those plans. Specifically, in 40 CFR need for regulation of all precursors
rulemaking action, on October 12, 2012 51.1002, EPA provided, among other from any sources in the Area to
(77 FR 62147) and May 2, 2014 (79 FR things, that a state was ‘‘not required to demonstrate attainment and to apply the
25014), EPA made determinations that address VOC [and NH3] as . . . PM2.5 section 189(e) provisions to major
the Pittsburgh Area had attained the attainment plan precursor[s] and to stationary sources of precursors. In the
1997 annual and 2006 24-hour PM2.5 evaluate sources of VOC [and NH3] case of the Pittsburgh Area, EPA
NAAQS, respectively. Pursuant to 40 emissions in the State for control believes that doing so is consistent with
CFR 51.1004(c) and based on these measures.’’ EPA intended these to be proposing redesignation of the Area for
determinations, the requirements for the rebuttable presumptions. EPA the 1997 annual and 2006 24-hour PM2.5
Area to submit an attainment established these presumptions at the NAAQS. The Area has attained the 1997
demonstration and associated RACM, time because of uncertainties regarding annual and 2006 24-hour PM2.5 NAAQS
RFP plan, contingency measures, and the emission inventories for these without any specific additional controls
other planning SIPs related to the pollutants and the effectiveness of of NH3 and VOC emissions from any
attainment of either the 1997 annual or specific control measures in various sources in the Area.
2006 24-hour PM2.5 NAAQS were, and regions of the country in reducing PM2.5 Precursors in subpart 4 are
continue to be, suspended until such concentrations. EPA also left open the specifically regulated under the
time as: the Area is redesignated to possibility for such regulation of VOC provisions of section 189(e), which
attainment for each standard, at which and NH3 in specific areas where that requires, with important exceptions,
time the requirements no longer apply; was necessary. control requirements for major
or EPA determines that the Area has The D.C. Circuit Court in its January stationary sources of PM10 precursors.9
again violated any of the standards, at 4, 2013 decision made reference to both Under subpart 1 and EPA’s prior
which time such plans are required to section 189(e) and 40 CFR 51.1002, and implementation rule, all major
be submitted. Under its longstanding stated that, ‘‘In light of our disposition, stationary sources of PM2.5 precursors
interpretation, EPA is proposing to we need not address the petitioners’ were subject to regulation, with the
determine here that the Area meets the challenge to the presumptions in [40 exception of NH3 and VOC. Thus, EPA
attainment-related plan requirements of CFR 51.1002] that VOCs and NH3 are must address here whether additional
subparts 1 and 4 for the 1997 annual not PM2.5 precursors, as subpart 4 controls of NH3 and VOC from major
and 2006 24-hour PM2.5 NAAQS. Thus, expressly governs precursor stationary sources are required under
EPA is proposing to conclude that the presumptions.’’ NRDC v. EPA, at 27, section 189(e) of subpart 4 in order to
requirements to submit an attainment n.10. redesignate the Area for the 1997 annual
demonstration under 189(a)(1)(B), a Elsewhere in the D.C. Circuit Court’s and 2006 24-hour PM2.5 NAAQS. As
RACM determination under section opinion, however, the D.C. Circuit Court explained subsequently, EPA does not
172(c)(1) and section 189(a)(1)(c), a RFP observed: ‘‘NH3 is a precursor to fine believe that any additional controls of
demonstration under 189(c)(1), and particulate matter, making it a precursor NH3 and VOC are required in the
contingency measure requirements to both PM2.5 and PM10. For a PM10 context of this redesignation.
under section 172(c)(9) are satisfied for nonattainment area governed by subpart In the General Preamble, EPA
purposes of evaluating this 4, a precursor is presumptively discusses its approach to implementing
redesignation request. regulated. See 42 U.S.C. 7513a(e) section 189(e). See 57 FR 13538–13542.
[section 189(e)].’’ Id. at 21, n.7. With regard to precursor regulation
c. Subpart 4 and Control of PM2.5 For a number of reasons, the under section 189(e), the General
Precursors redesignation of the Pittsburgh Area for Preamble explicitly stated that control
The D.C. Circuit Court in NRDC v. the 1997 annual and 2006 24-hour PM2.5 of VOC under other CAA requirements
EPA remanded to EPA the two rules at NAAQS is consistent with the D.C. may suffice to relieve a state from the
issue in the case with instructions to Circuit Court’s decision on this aspect of need to adopt precursor controls under
EPA to re-promulgate them consistent subpart 4. While the D.C. Circuit Court, section 189(e). See 57 FR 13542. EPA in
with the requirements of subpart 4. EPA citing section 189(e), stated that ‘‘for a this rulemaking action, proposes to
in this section addresses the D.C. Circuit PM10 area governed by subpart 4, a determine that the Pennsylvania SIP
Court’s opinion with respect to PM2.5 precursor is ‘presumptively’ regulated,’’ revision has met the provisions of
precursors. While past implementation the D.C. Circuit Court expressly section 189(e) with respect to NH3 and
of subpart 4 for PM10 has allowed for declined to decide the specific VOC as precursors. These proposed
control of PM10 precursors, such as NOX challenge to EPA’s 1997 PM2.5 determinations are based on EPA’s
from major stationary, mobile, and area Implementation Rule provisions
mstockstill on DSK4VPTVN1PROD with PROPOSALS
findings that: (1) The Pittsburgh Area
sources in order to attain the standard regarding NH3 and VOC as precursors. contains no major stationary sources of
as expeditiously as practicable, section The D.C. Circuit Court had no occasion
189(e) of the CAA specifically provides to reach whether and how it was 9 Under either subpart 1 or subpart 4, for
that control requirements for major substantively necessary to regulate any purposes of demonstrating attainment as
stationary sources of direct PM10 shall specific precursor in a particular PM2.5 expeditiously as practicable, a state is required to
evaluate all economically and technologically
also apply to PM10 precursors from nonattainment area, and did not address feasible control measures for direct PM emissions
those sources, except where EPA what might be necessary for purposes of and precursor emissions, and adopt those measures
determines that major stationary sources acting upon a redesignation request. that are deemed reasonably available.
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![Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Proposed Rules 28925
• is not subject to requirements of SUMMARY: This document announces the • Food manufacturing (NAICS code
Section 12(d) of the National Agency’s receipt of several initial filings 311).
Technology Transfer and Advancement of pesticide petitions requesting the • Pesticide manufacturing (NAICS
Act of 1995 (15 U.S.C. 272 note) because establishment or modification of code 32532).
application of those requirements would regulations for residues of pesticide If you have any questions regarding
be inconsistent with the CAA; and chemicals in or on various commodities. the applicability of this action to a
• does not provide EPA with the DATES: Comments must be received on particular entity, consult the person
discretionary authority to address, as or before June 19, 2015. listed under FOR FURTHER INFORMATION
appropriate, disproportionate human CONTACT for the division listed at the
ADDRESSES: Submit your comments,
health or environmental effects, using identified by docket identification (ID) end of the pesticide petition summary of
practicable and legally permissible number and the pesticide petition interest.
methods, under Executive Order 12898 number (PP) of interest as shown in the B. What should I consider as I prepare
(59 FR 7629, February 16, 1994). body of this document, by one of the my comments for EPA?
In addition, this rule proposing to following methods: 1. Submitting CBI. Do not submit this
approve Pennsylvania’s redesignation • Federal eRulemaking Portal: http://
request, maintenance plan, 2007 and information to EPA through
www.regulations.gov. Follow the online
2011 comprehensive emissions regulations.gov or email. Clearly mark
instructions for submitting comments.
inventories for the 1997 annual and the part or all of the information that
Do not submit electronically any
2006 24-hour PM2.5 NAAQS, you claim to be CBI. For CBI
information you consider to be
respectively, and MVEBs for Confidential Business Information (CBI) information in a disk or CD–ROM that
transportation conformity purposes for or other information whose disclosure is you mail to EPA, mark the outside of the
the Pittsburgh Area for both NAAQS, restricted by statute. disk or CD–ROM as CBI and then
does not have tribal implications as • Mail: OPP Docket, Environmental identify electronically within the disk or
specified by Executive Order 13175 (65 Protection Agency Docket Center (EPA/ CD–ROM the specific information that
FR 67249, November 9, 2000), because DC), (28221T), 1200 Pennsylvania Ave. is claimed as CBI. In addition to one
the SIP is not approved to apply in NW., Washington, DC 20460–0001. complete version of the comment that
Indian country located in the state, and • Hand Delivery: To make special includes information claimed as CBI, a
EPA notes that it will not impose arrangements for hand delivery or copy of the comment that does not
substantial direct costs on tribal delivery of boxed information, please contain the information claimed as CBI
governments or preempt tribal law. follow the instructions at http:// must be submitted for inclusion in the
www.epa.gov/dockets/contacts.html. public docket. Information so marked
List of Subjects Additional instructions on commenting will not be disclosed except in
40 CFR Part 52 or visiting the docket, along with more accordance with procedures set forth in
information about dockets generally, is 40 CFR part 2.
Environmental protection, Air available at http://www.epa.gov/ 2. Tips for preparing your comments.
pollution control, Incorporation by dockets. When preparing and submitting your
reference, Nitrogen oxides, Particulate comments, see the commenting tips at
matter, Reporting and recordkeeping FOR FURTHER INFORMATION CONTACT: http://www.epa.gov/dockets/
requirements, Sulfur oxides, Volatile Susan Lewis, Registration Division (RD) comments.html.
organic compounds. (7505P), main telephone number: (703) 3. Environmental justice. EPA seeks to
305–7090; email address: achieve environmental justice, the fair
40 CFR Part 81 RDFRNotices@epa.gov. The mailing treatment and meaningful involvement
Air pollution control, National parks, address for each contact person is: of any group, including minority and/or
Wilderness areas. Office of Pesticide Programs, low-income populations, in the
Environmental Protection Agency, 1200 development, implementation, and
Authority: 42 U.S.C. 7401 et seq.
Pennsylvania Ave. NW., Washington, enforcement of environmental laws,
Dated: May 11, 2015. DC 20460–0001. As part of the mailing regulations, and policies. To help
William C. Early, address, include the contact person’s address potential environmental justice
Acting, Regional Administrator, Region III. name, division, and mail code. The issues, the Agency seeks information on
[FR Doc. 2015–12237 Filed 5–19–15; 8:45 am] division to contact is listed at the end any groups or segments of the
BILLING CODE 6560–50–P of each pesticide petition summary. population who, as a result of their
SUPPLEMENTARY INFORMATION: location, cultural practices, or other
I. General Information factors, may have atypical or
ENVIRONMENTAL PROTECTION disproportionately high and adverse
AGENCY A. Does this action apply to me? human health impacts or environmental
You may be potentially affected by effects from exposure to the pesticides
40 CFR Parts 174 and 180
this action if you are an agricultural discussed in this document, compared
producer, food manufacturer, or to the general population.
[EPA–HQ–OPP–2015–0032; FRL–9927–39] pesticide manufacturer. The following
II. What action is the agency taking?
list of North American Industrial
Receipt of Several Pesticide Petitions EPA is announcing its receipt of
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Classification System (NAICS) codes is
Filed for Residues of Pesticide several pesticide petitions filed under
not intended to be exhaustive, but rather
Chemicals in or on Various section 408 of the Federal Food, Drug,
provides a guide to help readers
Commodities and Cosmetic Act (FFDCA), 21 U.S.C.
determine whether this document
AGENCY: Environmental Protection applies to them. Potentially affected 346a, requesting the establishment or
Agency (EPA). entities may include: modification of regulations in 40 CFR
ACTION: Notice of filing of petitions and
• Crop production (NAICS code 111). part 174 and/or part 180 for residues of
• Animal production (NAICS code pesticide chemicals in or on various
request for comment.
112). food commodities. The Agency is taking
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Document Created: 2018-02-21 10:29:41
Document Modified: 2018-02-21 10:29:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before June 19, 2015. | |
| Contact | Rose Quinto, (215) 814-2182 or by email at [email protected] | |
| FR Citation | 80 FR 28906 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides; Volatile Organic Compounds; National Parks and Wilderness Areas |
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