81_FR_20666 81 FR 20598 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Measurement and Reporting of Condensable Particulate Matter Emissions

81 FR 20598 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Measurement and Reporting of Condensable Particulate Matter Emissions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 68 (April 8, 2016)

Page Range20598-20600
FR Document2016-08159

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision amends two regulations to clarify testing and sampling methods for stationary sources of particulate matter (PM) and add the requirement to measure and report filterable and condensable PM. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 68 (Friday, April 8, 2016)
[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Proposed Rules]
[Pages 20598-20600]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08159]


=======================================================================
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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0005; FRL-9944-72-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Measurement and Reporting of Condensable Particulate 
Matter Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
Commonwealth of Pennsylvania. This SIP revision amends two regulations 
to clarify testing and sampling methods for stationary sources of 
particulate matter (PM) and add the requirement to measure and report 
filterable and condensable PM. This action is being taken under the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before May 9, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2016-0005 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    PM, also known as particle pollution, is a complex mixture of 
extremely small particles and liquid droplets. Particle pollution is 
made up of a number of components, including acids (such as nitrates 
and sulfates), organic chemicals, metals, and soil or dust particles. 
The

[[Page 20599]]

size of particles is directly linked to their potential for causing 
health problems. EPA is concerned about particles that are 10 
micrometers in diameter or smaller, because those are the particles 
that generally pass through the throat and nose and enter the lungs. 
Once inhaled, these particles can affect the heart and lungs and cause 
serious health effects.
    EPA established the first national ambient air quality standard 
(NAAQS) for coarse particles (PM10), which are particles 
less than 10 microns in diameter, on July 1, 1987. 52 FR 24634. The 
rules established primary (health based) and secondary (welfare based) 
PM10 standards for short term (24-hour) and long term 
(annual) exposures to PM. The 24-hour standards were set at 150 
micrograms per cubic meter ([micro]g/m\3\), not to be exceeded more 
than once per year on average over a 3-year period. The annual 
standards were set at 50 [micro]g/m\3\, based on a three-year average 
annual arithmetic mean. On July 18, 1997, EPA established the first 
NAAQS for particles less than 2.5 microns in diameter, known as fine 
particulate (PM2.5). 62 FR 38652. EPA set an annual primary 
and secondary standards at 15 [micro]g/m\3\, based on a three-year 
average of annual mean PM2.5 concentrations and 24-hour 
primary and secondary standards at 65 [micro]g/m\3\, based on a three-
year average of the 98th percentile of 24-hour concentrations. EPA 
revised the PM2.5 NAAQS on October 17, 2006, lowering the 
primary and secondary 24-hour NAAQS from 65 [micro]g/m\3\ to 35 
[micro]g/m\3\. 71 FR 61144. In that rule, EPA retained the 24-hour 
PM10 NAAQS, and revoked the annual PM10 standard. 
On December 14, 2012, EPA once again revised the PM2.5 
NAAQS, lowering the level of the health based primary annual standard 
from 15 to 12 [micro]g/m\3\, while retaining the welfare based 
secondary annual standard at 15 [micro]g/m\3\. That rule also retained 
the 24-hour PM2.5 standard at a level of 35 [micro]g/m\3\.
    On December 1, 2010, EPA revised two test methods for measuring PM 
emissions from stationary sources. 75 FR 80118. One of the revised 
methods, called Method 201A, provides the capability to measure the 
mass of filterable PM2.5. The second revised method, called 
Method 202, makes measurement of condensable PM more accurate. 
Condensable PM forms from condensing gases or vapors. It is a common 
component of both PM10 and PM2.5. The combination 
of Methods 201A and 202 helps EPA and states to develop more accurate 
primary PM emissions inventories, determine whether stationary sources 
are major sources of PM10 or PM2.5 emissions for 
the New Source Review (NSR)/Prevention of Significant Deterioration 
(PSD) program or the Title V Permit program, determine more accurately 
the effectiveness of control devices for PM10 or 
PM2.5, develop regulatory limits with more appropriate test 
methods, and determine compliance with regulatory limits with greater 
accuracy. See 40 CFR part 51 appendix M and 75 FR 80118 (December 21, 
2010).

II. Summary of SIP Revision

    On June 25, 2015, the Commonwealth of Pennsylvania submitted a 
formal SIP revision that amends chapters 121 and 139 of title 25, 
Environmental Protection, of the Pennsylvania Code (25 Pa. Code). 
Methods 201A and 202 are incorporated by reference in Pennsylvania's 
Source Testing Manual, which is incorporated by reference in 25 Pa. 
Code, chapter 139, Sampling and Testing. Amendments to chapter 121, in 
section 121.1, add definitions for the terms ``condensable particulate 
matter'' and ``filterable particulate matter.'' The amendments to 25 
Pa. Code section 139.12 explain the process for determining compliance 
with filterable and condensable PM emission limitations, and explains 
the compliance demonstration process. Under 25 Pa. Code section 
139.12(b), the owner or operator of a stationary source subject to PM 
emission limitations or to NSR/PSD applicability determinations is 
required to demonstrate compliance for filterable and condensable PM 
emissions. The amendment to 25 Pa. Code section 139.53 specifies to 
whom monitoring reports must be submitted.

III. Proposed Action

    EPA is proposing to approve the June 25, 2015 Pennsylvania SIP 
revision, which amends specific provisions within chapters 121 and 139 
of 25 Pa. Code. The amendments clarify testing and sampling methods and 
reporting requirements for stationary sources of PM and add the 
requirement to measure and report filterable and condensable PM. This 
revision meets requirements in section 110 of the CAA and strengthens 
the Pennsylvania SIP. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

IV. Incorporation by Reference

    In this proposed rulemaking action, EPA is proposing to include in 
a final EPA rule, regulatory text that includes incorporation by 
reference. In accordance with the requirements of 1 CFR 51.5, EPA is 
proposing to incorporate by reference the revised Pennsylvania 
regulations, published in the Pennsylvania Bulletin, Vol. 44 No. 15, 
April 12, 2014, and effective on April 12, 2014. EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible

[[Page 20600]]

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rulemaking action, proposing to approve 
amendments to Pennsylvania's regulations regarding testing and sampling 
methods for stationary sources of PM, including filterable and 
condensable PM, 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 Commonwealth, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.o

    Authority:  42 U.S.C. 7401 et seq.

    Dated: March 24, 2016
Shawn M. Garvin,
Regional Administrator Region III.
[FR Doc. 2016-08159 Filed 4-7-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                      20598                        Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules

                                                           TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued
                                                                                                                                                Sector Upper
                                                                                Date                                 Sponsor/name              Mississippi River                            Safety zone
                                                                                                                                                   location

                                                      36. 1 day—4th of July weekend ......................      City of Stillwater/St.      Stillwater, MN .............    St. Croix River mile marker 022.9 to 023.5
                                                                                                                  Croix Events/Still-                                         (Minnesota).
                                                                                                                  water 4th of July.
                                                      37. 2 days—3rd weekend of September .........             Riverside Chamber of        Riverside, MO ............      Missouri River mile marker 371.8 to 372.2.
                                                                                                                  Commerce/Riverfest.
                                                      38. 4 days—3rd week of July ..........................    St. Croix Events/Lum-       Stillwater, MN .............    St. Croix River mile marker 022.9 to 023.5
                                                                                                                  berjack Days.                                               (Minnesota).
                                                      39. 2 days—Weekend that precedes Labor                    Lake of the Ozarks          Lake of the Ozarks,             Lake of the Ozarks mile marker 032.5 to
                                                        Day Weekend.                                              Shootout, Inc./Lake         MO.                             034.5.
                                                                                                                  of the Ozarks
                                                                                                                  Shootout.
                                                      40. 2 days—1st weekend of September ..........            City of Keithsburg/         Keithsburg, IL .............    Upper Mississippi River mile marker 427.5 to
                                                                                                                  Keithsburg Fire-                                            427.3.
                                                                                                                  works Display.
                                                      41. 1 day—4th of July weekend ......................      City of East Moline/        East Moline, IA ...........     Upper Mississippi River mile marker 490.2 to
                                                                                                                  City of East Moline                                         489.8.
                                                                                                                  Fireworks.
                                                      42. 2nd Weekend in August .............................   Lansing Lion’s Club/        Lansing, IA .................   Upper Mississippi River mile marker 662.8–
                                                                                                                  Lansing Fish Days                                           663.9.
                                                                                                                  Fireworks.
                                                      43. 3rd Weekend in August .............................   River Action/Floatzilla     Rock Island, Illinois ....      Upper Mississippi River mile marker 479.0–
                                                                                                                                                                              486.0.
                                                      44. 1 day—Weekend before Thanksgiving ......              Main Street Parkway         Parkville, MO ..............    Missouri River mile marker 377.5 to 378.0.
                                                                                                                  Association/Parkville
                                                                                                                  Christmas on the
                                                                                                                  River.
                                                      45. 2 days—A weekend in September ............            St. Louis Drag Boat         New Athens, IL ...........      Kaskaskia River mile marker 119.7 to 120.3.
                                                                                                                  Association/New
                                                                                                                  Athens Drag Boat
                                                                                                                  Race.
                                                      46. 1 day—4th of July weekend ......................      City of Marquette/Mar-      Marquette, IA ..............    Upper Mississippi River mile marker 634.2 to
                                                                                                                  quette Independ-                                            635.7.
                                                                                                                  ence Day Celebra-
                                                                                                                  tion.



                                                      *      *      *       *      *                            Pennsylvania. This SIP revision amends                      The written comment is considered the
                                                        Dated: April 4, 2016.                                   two regulations to clarify testing and                      official comment and should include
                                                      M. L. Malloy,                                             sampling methods for stationary sources                     discussion of all points you wish to
                                                                                                                of particulate matter (PM) and add the                      make. EPA will generally not consider
                                                      Captain, U.S. Coast Guard, Captain of the
                                                      Port Upper Mississippi River.                             requirement to measure and report                           comments or comment contents located
                                                                                                                filterable and condensable PM. This                         outside of the primary submission (i.e.
                                                      [FR Doc. 2016–07997 Filed 4–7–16; 8:45 am]
                                                                                                                action is being taken under the Clean                       on the web, cloud, or other file sharing
                                                      BILLING CODE 9110–04–P
                                                                                                                Air Act (CAA).                                              system). For additional submission
                                                                                                                                                                            methods, please contact the person
                                                                                                                DATES: Written comments must be
                                                                                                                                                                            identified in the FOR FURTHER
                                                      ENVIRONMENTAL PROTECTION                                  received on or before May 9, 2016.
                                                                                                                                                                            INFORMATION CONTACT section. For the
                                                      AGENCY                                                    ADDRESSES:   Submit your comments,                          full EPA public comment policy,
                                                                                                                identified by Docket ID Number EPA–                         information about CBI or multimedia
                                                      40 CFR Part 52                                            R03–OAR–2016–0005 at http://                                submissions, and general guidance on
                                                      [EPA–R03–OAR–2016–0005; FRL–9944–72–                      www.regulations.gov, or via email to                        making effective comments, please visit
                                                      Region 3]                                                 fernandez.cristina@epa.gov. For                             http://www2.epa.gov/dockets/
                                                                                                                comments submitted at Regulations.gov,                      commenting-epa-dockets.
                                                      Approval and Promulgation of Air                          follow the online instructions for                          FOR FURTHER INFORMATION CONTACT:
                                                      Quality Implementation Plans;                             submitting comments. Once submitted,                        Maria A. Pino, (215) 814–2181, or by
                                                      Pennsylvania; Measurement and                             comments cannot be edited or removed                        email at pino.maria@epa.gov.
                                                      Reporting of Condensable Particulate                      from Regulations.gov. For either manner
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                                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                                      Matter Emissions                                          of submission, EPA may publish any
                                                                                                                comment received to its public docket.                      I. Background
                                                      AGENCY:  Environmental Protection
                                                      Agency (EPA).                                             Do not submit electronically any                               PM, also known as particle pollution,
                                                      ACTION: Proposed rule.                                    information you consider to be                              is a complex mixture of extremely small
                                                                                                                confidential business information (CBI)                     particles and liquid droplets. Particle
                                                      SUMMARY:  The Environmental Protection                    or other information whose disclosure is                    pollution is made up of a number of
                                                      Agency (EPA) is proposing to approve a                    restricted by statute. Multimedia                           components, including acids (such as
                                                      state implementation plan (SIP) revision                  submissions (audio, video, etc.) must be                    nitrates and sulfates), organic chemicals,
                                                      submitted by the Commonwealth of                          accompanied by a written comment.                           metals, and soil or dust particles. The


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                                                                                 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules                                            20599

                                                      size of particles is directly linked to                 the New Source Review (NSR)/                           Pennsylvania regulations, published in
                                                      their potential for causing health                      Prevention of Significant Deterioration                the Pennsylvania Bulletin, Vol. 44 No.
                                                      problems. EPA is concerned about                        (PSD) program or the Title V Permit                    15, April 12, 2014, and effective on
                                                      particles that are 10 micrometers in                    program, determine more accurately the                 April 12, 2014. EPA has made, and will
                                                      diameter or smaller, because those are                  effectiveness of control devices for PM10              continue to make, these documents
                                                      the particles that generally pass through               or PM2.5, develop regulatory limits with               generally available electronically
                                                      the throat and nose and enter the lungs.                more appropriate test methods, and                     through www.regulations.gov and/or in
                                                      Once inhaled, these particles can affect                determine compliance with regulatory                   hard copy at the appropriate EPA office
                                                      the heart and lungs and cause serious                   limits with greater accuracy. See 40 CFR               (see the ADDRESSES section of this
                                                      health effects.                                         part 51 appendix M and 75 FR 80118                     preamble for more information).
                                                         EPA established the first national                   (December 21, 2010).
                                                      ambient air quality standard (NAAQS)                                                                           V. Statutory and Executive Order
                                                      for coarse particles (PM10), which are                  II. Summary of SIP Revision                            Reviews
                                                      particles less than 10 microns in                          On June 25, 2015, the Commonwealth                     Under the CAA, the Administrator is
                                                      diameter, on July 1, 1987. 52 FR 24634.                 of Pennsylvania submitted a formal SIP                 required to approve a SIP submission
                                                      The rules established primary (health                   revision that amends chapters 121 and                  that complies with the provisions of the
                                                      based) and secondary (welfare based)                    139 of title 25, Environmental                         CAA and applicable federal regulations.
                                                      PM10 standards for short term (24-hour)                 Protection, of the Pennsylvania Code (25               42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                      and long term (annual) exposures to PM.                 Pa. Code). Methods 201A and 202 are                    Thus, in reviewing SIP submissions,
                                                      The 24-hour standards were set at 150                   incorporated by reference in                           EPA’s role is to approve state choices,
                                                      micrograms per cubic meter (mg/m3), not                 Pennsylvania’s Source Testing Manual,                  provided that they meet the criteria of
                                                      to be exceeded more than once per year                  which is incorporated by reference in 25               the CAA. Accordingly, this action
                                                      on average over a 3-year period. The                    Pa. Code, chapter 139, Sampling and                    merely approves state law as meeting
                                                      annual standards were set at 50 mg/m3,                  Testing. Amendments to chapter 121, in                 federal requirements and does not
                                                      based on a three-year average annual                    section 121.1, add definitions for the                 impose additional requirements beyond
                                                      arithmetic mean. On July 18, 1997, EPA                  terms ‘‘condensable particulate matter’’               those imposed by state law. For that
                                                      established the first NAAQS for                         and ‘‘filterable particulate matter.’’ The             reason, this proposed action:
                                                      particles less than 2.5 microns in                      amendments to 25 Pa. Code section                         • Is not a ‘‘significant regulatory
                                                      diameter, known as fine particulate                     139.12 explain the process for                         action’’ subject to review by the Office
                                                      (PM2.5). 62 FR 38652. EPA set an annual                 determining compliance with filterable                 of Management and Budget under
                                                      primary and secondary standards at 15                   and condensable PM emission                            Executive Orders 12866 (58 FR 51735,
                                                      mg/m3, based on a three-year average of                 limitations, and explains the                          October 4, 1993);
                                                      annual mean PM2.5 concentrations and                    compliance demonstration process.                         • does not impose an information
                                                      24-hour primary and secondary                           Under 25 Pa. Code section 139.12(b), the               collection burden under the provisions
                                                      standards at 65 mg/m3, based on a three-                owner or operator of a stationary source               of the Paperwork Reduction Act (44
                                                      year average of the 98th percentile of 24-              subject to PM emission limitations or to               U.S.C. 3501 et seq.);
                                                      hour concentrations. EPA revised the                    NSR/PSD applicability determinations                      • is certified as not having a
                                                      PM2.5 NAAQS on October 17, 2006,                        is required to demonstrate compliance                  significant economic impact on a
                                                      lowering the primary and secondary 24-                  for filterable and condensable PM                      substantial number of small entities
                                                      hour NAAQS from 65 mg/m3 to 35 mg/                      emissions. The amendment to 25 Pa.                     under the Regulatory Flexibility Act (5
                                                      m3. 71 FR 61144. In that rule, EPA                      Code section 139.53 specifies to whom                  U.S.C. 601 et seq.);
                                                      retained the 24-hour PM10 NAAQS, and                    monitoring reports must be submitted.                     • does not contain any unfunded
                                                      revoked the annual PM10 standard. On
                                                                                                              III. Proposed Action                                   mandate or significantly or uniquely
                                                      December 14, 2012, EPA once again
                                                      revised the PM2.5 NAAQS, lowering the                      EPA is proposing to approve the June                affect small governments, as described
                                                      level of the health based primary annual                25, 2015 Pennsylvania SIP revision,                    in the Unfunded Mandates Reform Act
                                                      standard from 15 to 12 mg/m3, while                     which amends specific provisions                       of 1995 (Pub. L. 104–4);
                                                      retaining the welfare based secondary                   within chapters 121 and 139 of 25 Pa.                     • does not have federalism
                                                      annual standard at 15 mg/m3. That rule                  Code. The amendments clarify testing                   implications as specified in Executive
                                                      also retained the 24-hour PM2.5 standard                and sampling methods and reporting                     Order 13132 (64 FR 43255, August 10,
                                                      at a level of 35 mg/m3.                                 requirements for stationary sources of                 1999);
                                                         On December 1, 2010, EPA revised                     PM and add the requirement to measure                     • is not an economically significant
                                                      two test methods for measuring PM                       and report filterable and condensable                  regulatory action based on health or
                                                      emissions from stationary sources. 75                   PM. This revision meets requirements in                safety risks subject to Executive Order
                                                      FR 80118. One of the revised methods,                   section 110 of the CAA and strengthens                 13045 (62 FR 19885, April 23, 1997);
                                                      called Method 201A, provides the                        the Pennsylvania SIP. EPA is soliciting                   • is not a significant regulatory action
                                                      capability to measure the mass of                       public comments on the issues                          subject to Executive Order 13211 (66 FR
                                                      filterable PM2.5. The second revised                    discussed in this document. These                      28355, May 22, 2001);
                                                      method, called Method 202, makes                        comments will be considered before                        • is not subject to requirements of
                                                      measurement of condensable PM more                      taking final action.                                   Section 12(d) of the National
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      accurate. Condensable PM forms from                                                                            Technology Transfer and Advancement
                                                      condensing gases or vapors. It is a                     IV. Incorporation by Reference                         Act of 1995 (15 U.S.C. 272 note) because
                                                      common component of both PM10 and                         In this proposed rulemaking action,                  application of those requirements would
                                                      PM2.5. The combination of Methods                       EPA is proposing to include in a final                 be inconsistent with the CAA; and
                                                      201A and 202 helps EPA and states to                    EPA rule, regulatory text that includes                   • does not provide EPA with the
                                                      develop more accurate primary PM                        incorporation by reference. In                         discretionary authority to address, as
                                                      emissions inventories, determine                        accordance with the requirements of 1                  appropriate, disproportionate human
                                                      whether stationary sources are major                    CFR 51.5, EPA is proposing to                          health or environmental effects, using
                                                      sources of PM10 or PM2.5 emissions for                  incorporate by reference the revised                   practicable and legally permissible


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                                                      20600                      Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules

                                                      methods, under Executive Order 12898                    hour Ozone infrastructure SIP                          of sections 110(a)(1) and 110(a)(2) as
                                                      (59 FR 7629, February 16, 1994).                        submission; August 23, 2013, 2010 1-                   ‘‘infrastructure SIP’’ submissions.
                                                         In addition, this rulemaking action,                 hour NO2 infrastructure SIP submission;                Sections 110(a)(1) and (2) require states
                                                      proposing to approve amendments to                      March 18, 2014, 2010 1-hour SO2                        to address basic SIP elements such as
                                                      Pennsylvania’s regulations regarding                    infrastructure SIP submission; and                     for monitoring, basic program
                                                      testing and sampling methods for                        December 4, 2015, 2012 annual PM2.5                    requirements, and legal authority that
                                                      stationary sources of PM, including                     infrastructure SIP submission. All other               are designed to assure attainment and
                                                      filterable and condensable PM, does not                 applicable infrastructure requirements                 maintenance of the newly established or
                                                      have tribal implications as specified by                for these SIP submissions have been or                 revised NAAQS. More specifically,
                                                      Executive Order 13175 (65 FR 67249,                     will be addressed in separate                          section 110(a)(1) provides the
                                                      November 9, 2000), because the SIP is                   rulemakings.                                           procedural and timing requirements for
                                                      not approved to apply in Indian country                 DATES: Comments must be received on                    infrastructure SIPs. Section 110(a)(2)
                                                      located in the Commonwealth, and EPA                    or before April 29, 2016.                              lists specific elements that states must
                                                      notes that it will not impose substantial                                                                      meet for the infrastructure SIP
                                                                                                              ADDRESSES: Submit your comments,
                                                      direct costs on tribal governments or                                                                          requirements related to a newly
                                                                                                              identified by Docket ID No EPA–R04–
                                                      preempt tribal law.                                                                                            established or revised NAAQS. The
                                                                                                              OAR–2016–0072 at http://
                                                                                                                                                                     contents of an infrastructure SIP
                                                      List of Subjects in 40 CFR Part 52                      www.regulations.gov. Follow the online
                                                                                                                                                                     submission may vary depending upon
                                                                                                              instructions for submitting comments.
                                                        Environmental protection, Air                                                                                the data and analytical tools available to
                                                                                                              Once submitted, comments cannot be
                                                      pollution control, Incorporation by                                                                            the state, as well as the provisions
                                                                                                              edited or removed from Regulations.gov.
                                                      reference, Particulate matter, Reporting                                                                       already contained in the state’s
                                                                                                              EPA may publish any comment received
                                                      and recordkeeping requirements.                                                                                implementation plan at the time in
                                                                                                              to its public docket. Do not submit
                                                                                                                                                                     which the state develops and submits
                                                         Authority: 42 U.S.C. 7401 et seq.                    electronically any information you
                                                                                                                                                                     the submission for a new or revised
                                                        Dated: March 24, 2016                                 consider to be Confidential Business
                                                                                                                                                                     NAAQS.
                                                      Shawn M. Garvin,                                        Information (CBI) or other information
                                                                                                                                                                        Section 110(a)(2)(D) has two
                                                                                                              whose disclosure is restricted by statute.
                                                      Regional Administrator Region III.                                                                             components: 110(a)(2)(D)(i) and
                                                                                                              Multimedia submissions (audio, video,
                                                      [FR Doc. 2016–08159 Filed 4–7–16; 8:45 am]                                                                     110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
                                                                                                              etc.) must be accompanied by a written
                                                      BILLING CODE 6560–50–P                                                                                         includes four distinct components,
                                                                                                              comment. The written comment is
                                                                                                                                                                     commonly referred to as ‘‘prongs,’’ that
                                                                                                              considered the official comment and
                                                                                                                                                                     must be addressed in infrastructure SIP
                                                                                                              should include discussion of all points
                                                      ENVIRONMENTAL PROTECTION                                                                                       submissions. The first two prongs,
                                                                                                              you wish to make. EPA will generally                   which are codified in section
                                                      AGENCY                                                  not consider comments or comment                       110(a)(2)(D)(i)(I), are provisions that
                                                      40 CFR Parts 52                                         contents located outside of the primary                prohibit any source or other type of
                                                                                                              submission (i.e. on the web, cloud, or                 emissions activity in one state from
                                                      [EPA–R04–OAR–2016–0072; FRL–9944–53–                    other file sharing system). For
                                                      Region 4]                                                                                                      contributing significantly to
                                                                                                              additional submission methods, the full                nonattainment of the NAAQS in another
                                                                                                              EPA public comment policy,                             state (prong 1) and from interfering with
                                                      Air Plan Approval; North Carolina;
                                                                                                              information about CBI or multimedia                    maintenance of the NAAQS in another
                                                      Prong 4–2008 Ozone, 2010 NO2, SO2,
                                                                                                              submissions, and general guidance on                   state (prong 2). The third and fourth
                                                      and 2012 PM2.5
                                                                                                              making effective comments, please visit                prongs, which are codified in section
                                                      AGENCY:  Environmental Protection                       http://www2.epa.gov/dockets/                           110(a)(2)(D)(i)(II), are provisions that
                                                      Agency.                                                 commenting-epa-dockets.                                prohibit emissions activity in one state
                                                      ACTION: Proposed rule.                                  FOR FURTHER INFORMATION CONTACT:                       from interfering with measures required
                                                                                                              Sean Lakeman of the Air Regulatory                     to prevent significant deterioration of air
                                                      SUMMARY:   The Environmental Protection                 Management Section, Air Planning and                   quality in another state (prong 3) or
                                                      Agency (EPA) is proposing to approve                    Implementation Branch, Air, Pesticides                 from interfering with measures to
                                                      portions of revisions to the North                      and Toxics Management Division, U.S.                   protect visibility in another state (prong
                                                      Carolina State Implementation Plan                      Environmental Protection Agency,                       4). Section 110(a)(2)(D)(ii) requires SIPs
                                                      (SIP), submitted by the North Carolina                  Region 4, 61 Forsyth Street SW.,                       to include provisions ensuring
                                                      Department of Environment and Natural                   Atlanta, Georgia 30303–8960. Mr.                       compliance with sections 115 and 126
                                                      Resources (NC DENR), addressing the                     Lakeman can be reached by telephone at                 of the Act, relating to interstate and
                                                      Clean Air Act (CAA or Act) visibility                   (404) 562–9043 or via electronic mail at               international pollution abatement.
                                                      transport (prong 4) infrastructure SIP                  lakeman.sean@epa.gov.                                     Through this action, EPA is proposing
                                                      requirements for the 2008 8-hour Ozone,                 SUPPLEMENTARY INFORMATION:                             to approve the prong 4 portions of North
                                                      2010 1-hour Nitrogen Dioxide (NO2),                                                                            Carolina’s infrastructure SIP
                                                      2010 1-hour Sulfur Dioxide (SO2), and                   I. Background                                          submissions for the 2008 8-hour Ozone,
                                                      2012 annual Fine Particulate Matter                        By statute, SIPs meeting the                        2010 1-hour NO2, 2010 1-hour SO2, and
                                                      (PM2.5) National Ambient Air Quality                    requirements of sections 110(a)(1) and                 2012 annual PM2.5 NAAQS as discussed
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Standards (NAAQS). The CAA requires                     (2) of the CAA are to be submitted by                  in section IV of this document. All other
                                                      that each state adopt and submit a SIP                  states within three years after                        applicable infrastructure SIP
                                                      for the implementation, maintenance,                    promulgation of a new or revised                       requirements for these SIP submissions
                                                      and enforcement of each NAAQS                           NAAQS to provide for the                               have been or will be addressed in
                                                      promulgated by EPA, commonly                            implementation, maintenance, and                       separate rulemakings. A brief
                                                      referred to as an ‘‘infrastructure SIP.’’               enforcement of the new or revised                      background regarding the NAAQS
                                                      Specifically, EPA is proposing to                       NAAQS. EPA has historically referred to                relevant to this proposal is provided
                                                      approve the prong 4 portions of North                   these SIP submissions made for the                     below. For comprehensive information
                                                      Carolina’s November 2, 2012, 2008 8-                    purpose of satisfying the requirements                 on these NAAQS, please refer to the


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Document Created: 2018-02-07 13:50:01
Document Modified: 2018-02-07 13:50:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before May 9, 2016.
ContactMaria A. Pino, (215) 814-2181, or by email at [email protected]
FR Citation81 FR 20598 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements

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