83_FR_10698 83 FR 10650 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Emissions Statement Requirement for the 2008 Ozone Standard

83 FR 10650 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Emissions Statement Requirement for the 2008 Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 48 (March 12, 2018)

Page Range10650-10652
FR Document2018-04813

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision fulfills Pennsylvania's emissions statement requirement for the 2008 ozone national ambient air quality standard (NAAQS). This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 48 (Monday, March 12, 2018)
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Proposed Rules]
[Pages 10650-10652]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04813]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0739; FRL-9975-34-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Emissions Statement Requirement for the 2008 Ozone 
Standard

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 revision fulfills Pennsylvania's 
emissions statement requirement for the 2008 ozone national ambient air 
quality standard (NAAQS). This action is being taken under the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before April 11, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0739 at http://www.regulations.gov, or via email to 
spielberger.susan@epa.gov. 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: Gavin Huang, (215) 814-2042, or by 
email at huang.gavin@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 27, 2008, EPA strengthened the ozone standard from 0.08 to 
0.075 parts per million (ppm). 73 FR 16436. On May 21, 2012, EPA 
designated areas as nonattainment for the 2008 ozone NAAQS, which 
include the following counties in Pennsylvania: Carbon, Lehigh, 
Northampton, Lancaster, Bucks, Chester, Delaware, Montgomery, 
Philadelphia, Allegheny, Armstrong, Beaver, Butler, Fayette, 
Washington, Westmoreland, and Berks counties. See 40 CFR 81.339.

[[Page 10651]]

    Additionally, Pennsylvania is located in the ozone transport region 
(OTR) established by Congress in section 184 of the CAA. Pursuant to 
section 184(b)(2), any stationary source that emits or has the 
potential to emit at least 50 tons per year (tpy) of volatile organic 
compounds (VOC) shall be considered a major stationary source and 
subject to the requirements which would be applicable to major 
stationary sources if the area were classified as a moderate 
nonattainment area. See CAA section 184. Thus, states within the OTR 
are subject to plan (or SIP) requirements in CAA section 182(b) 
applicable to moderate nonattainment areas. Also, section 182(f)(1) of 
the CAA requires that the plan provisions required for major stationary 
sources of VOC also apply to major stationary sources of oxides of 
nitrogen (NOX) for states with moderate (or worse) ozone 
nonattainment areas. A major stationary source of NOX is 
defined as a stationary facility or source of air pollutants which 
directly emits, or has the potential to emit 100 tpy or more of 
NOX. See CAA section 302(j).
    Section 182 of the CAA identifies additional plan submissions and 
requirements for ozone nonattainment areas. Specifically, section 
182(a)(3)(B) of the CAA requires that states develop and submit rules 
which establish annual reporting requirements for certain stationary 
sources. Sources that are within marginal (or worse) ozone 
nonattainment areas must annually report the actual emissions of 
NOX and VOC to the state. However, states may waive 
reporting requirements for sources that emit under 25 tpy of 
NOX and VOC if the state provides an inventory of emissions 
from such class or category of sources. See CAA section 
182(a)(3)(B)(ii).
    In summary, because Pennsylvania is located in the OTR, 
Pennsylvania sources that are located in ozone attainment areas and 
emit above 50 tpy of VOC or 100 tpy of NOX are considered 
major sources and subject to the requirements of major stationary 
sources in moderate (or worse) nonattainment area, such as an emissions 
statement submission required by CAA section 182(a)(3)(B). See CAA 
sections 182(f) and 184(b)(2). Pennsylvania sources that are located in 
designated marginal (or worse) nonattainment areas must also submit an 
emissions statement as required by CAA section 182(a)(3)(B). As stated 
previously, states may waive reporting requirements for sources that 
emit under the 25 tpy NOX and VOC threshold if the state 
provides an inventory of emissions from such class or category of 
sources as required by CAA sections 172 and 182.\1\ See section 
182(a)(3)(B)(ii).
---------------------------------------------------------------------------

    \1\ For further information on the emissions statement reporting 
requirements, see ``Guidance on the Implementation of an Emission 
Statement Program (July 1992)'' https://www.epa.gov/sites/production/files/2015-09/documents/emission_statement_program_zypdf.pdf, pp. 5-9.
---------------------------------------------------------------------------

    On November 3, 2017, the Commonwealth of Pennsylvania, through the 
Pennsylvania Department of Environmental Protection (PADEP) submitted a 
SIP revision to satisfy the emissions statement requirement of section 
182(a)(3)(B) of the CAA for the 2008 ozone NAAQS. In the submittal, 
PADEP also submitted a certification for its nonattainment new source 
review (NNSR) program, which will be addressed in a separate rulemaking 
action.

II. Summary of SIP Revision and EPA Analysis

    On January 12, 1995 (60 FR 2881), EPA approved Pennsylvania's SIP 
submittal which included Pennsylvania regulations that satisfy the 
emission reporting requirements in CAA section 182(a)(3)(B). 
Pennsylvania's emissions reporting requirements are codified in the 
Pennsylvania Code at 25 Pa. Code 135.21 ``Emissions Statements.''
    25 Pa. Code 135.21 requires that stationary sources or facilities 
that emit NOX or VOC and are located in an area designated 
by the CAA as a marginal, moderate, serious, severe or extreme ozone 
nonattainment area or stationary sources or facilities that are located 
in the OTR (and not in an area designated as a marginal or worse 
nonattainment area) and emit or have the potential to emit 100 tons or 
more of NOX or 50 tons or more of VOC per year, submit an 
annual emissions statement. Because Pennsylvania is located in the OTR, 
sources that are located in attainment areas for the 2008 ozone NAAQS 
and emit above 50 tpy of VOC and 100 tpy of NOX are 
considered major sources and subject to the requirements of major 
stationary sources in moderate (or worse) nonattainment area, such as 
an emissions statement submission as required by CAA section 
182(a)(3)(B). See CAA sections 182(f) and 184(b)(2). This statement 
must show, in a form as PADEP may prescribe, for classes or categories 
of sources: The actual emissions of NOX or VOC from that 
source for each reporting period, a description of the method used to 
calculate the emissions, and the time period over which the calculation 
is based. The statement must be submitted by a company officer or plant 
manager who can verify the source's actual emissions.
    Under 25 Pa. Code 135.21(d), sources that emit less than 25 tons of 
NOX or VOC per year are not required to submit the mandatory 
emissions statement per 25 Pa. Code 135.21(a) if PADEP provides EPA 
with an inventory of emissions from the class or category of sources 
based on the use of the emission factors established by the 
Administrator. As previously mentioned, per CAA section 
182(a)(3)(B)(ii), states may waive reporting requirements for sources 
under 25 tpy of NOX and VOC if the state provides an 
inventory of emissions from such class or category of sources as 
required by CAA sections 172 and 182.
    In the November 3, 2017 SIP submittal, Pennsylvania states that, 
upon review, the Commonwealth certifies that the existing emissions 
statement program continues to comply with the 2008 ozone NAAQS 
requirements. See 60 FR 2881 (January 12, 1995). EPA finds that 25 Pa. 
Code 135.21 continues to satisfy section 182(a)(3)(B) because the 
existing rule is applicable to the entire Commonwealth of Pennsylvania 
and requires stationary sources that emit NOX or VOC (at 
required thresholds above 25 tpy in designated ozone nonattainment 
areas and above 50 tpy VOC or 100 tpy NOX in ozone 
attainment areas in the OTR) to submit an emissions statement to the 
Commonwealth detailing the sources' emissions. As previously mentioned, 
per CAA section 182(a)(3)(B)(ii), states may waive sources that emit 
less than 25 tpy of NOX or VOC if the state provides an 
inventory of emissions from such class or category of sources as 
required by CAA section 172 and 182. Pennsylvania does provide 
emissions inventories for ozone nonattainment areas as required by CAA 
section 172(c)(3).\2\ EPA finds Pennsylvania's emissions' thresholds 
for sources that are required to submit an emissions statement meet CAA 
requirements in sections 182 (plan submissions and requirements for 
ozone nonattainment areas) and 184 (OTR requirements). See also 
``Guidance on the Implementation of an Emission Statement Program (July 
1992).'' Therefore, EPA has determined that 25 Pa. Code 135.21, which 
is currently in the Pennsylvania SIP, is appropriate to address the 
emissions

[[Page 10652]]

statement requirement in section 182(a)(3)(B) and is proposing to 
approve this SIP revision. EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.
---------------------------------------------------------------------------

    \2\ See ``Approval and Promulgation of Air Quality 
Implementation Plans; Pennsylvania; 2011 Base Year Inventories for 
the 2008 8-Hour Ozone National Ambient Air Quality Standard for the 
Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and 
Reading Areas, and the Pennsylvania Portion of the Philadelphia-
Wilmington-Atlantic City Area,'' 81 FR 24492 (April 26, 2016).
---------------------------------------------------------------------------

III. Proposed Action

    EPA is proposing to approve the November 3, 2017 Pennsylvania SIP 
revision certifying that Pennsylvania's existing SIP-approved emissions 
statement regulation meets the emissions statement requirement of 
section 182(a)(3)(B) of the CAA for the 2008 ozone NAAQS.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, which proposes to approve 
Pennsylvania's certification that Pennsylvania's SIP-approved emissions 
statement regulation meets the emissions statement requirement of 
section 182(a)(3)(B) of the CAA, does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: February 23, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-04813 Filed 3-9-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                 10650                   Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Proposed Rules

                                                 F. Environment                                          provided. For more about privacy and                  SUMMARY:   The Environmental Protection
                                                    We have analyzed this proposed rule                  the docket, visit http://                             Agency (EPA) is proposing to approve a
                                                 under Department of Homeland                            www.regulations.gov/privacynotice.                    state implementation plan (SIP) revision
                                                 Security Management Directive 023–01                      Documents mentioned in this NPRM                    submitted by the Commonwealth of
                                                 and Commandant Instruction                              as being available in this docket and all             Pennsylvania. This revision fulfills
                                                 M16475.lD, which guides the Coast                       public comments, will be in our online                Pennsylvania’s emissions statement
                                                 Guard in complying with the National                    docket at http://www.regulations.gov                  requirement for the 2008 ozone national
                                                 Environmental Policy Act of 1969                        and can be viewed by following that                   ambient air quality standard (NAAQS).
                                                 (NEPA) (42 U.S.C. 4321–4370f), and                      website’s instructions. Additionally, if              This action is being taken under the
                                                 have made a preliminary determination                   you go to the online docket and sign up               Clean Air Act (CAA).
                                                 that this action is one of a category of                for email alerts, you will be notified                DATES: Written comments must be
                                                 actions which do not individually or                    when comments are posted or a final                   received on or before April 11, 2018.
                                                 cumulatively have a significant effect on               rule is published.
                                                                                                                                                               ADDRESSES: Submit your comments,
                                                 the human environment. This proposed                    List of Subjects in 33 CFR Part 117                   identified by Docket ID No. EPA–R03–
                                                 rule simply promulgates the operating                                                                         OAR–2017–0739 at http://
                                                                                                             Bridges.
                                                 regulations or procedures for                                                                                 www.regulations.gov, or via email to
                                                 drawbridges. Normally such actions are                    For the reasons discussed in the                    spielberger.susan@epa.gov. For
                                                 categorically excluded from further                     preamble, the Coast Guard proposes to                 comments submitted at Regulations.gov,
                                                 review, under figure 2–1, paragraph (32)                amend 33 CFR part 117 as follows:                     follow the online instructions for
                                                 (e), of the Instruction.                                                                                      submitting comments. Once submitted,
                                                    A preliminary Record of                              PART 117—DRAWBRIDGE
                                                                                                                                                               comments cannot be edited or removed
                                                 Environmental Consideration and a                       OPERATION REGULATIONS
                                                                                                                                                               from Regulations.gov. For either manner
                                                 Memorandum for the Record are not                                                                             of submission, EPA may publish any
                                                                                                         ■ 1. The authority citation for part 117
                                                 required for this proposed rule. We seek                                                                      comment received to its public docket.
                                                                                                         continues to read as follows:
                                                 any comments or information that may                                                                          Do not submit electronically any
                                                 lead to the discovery of a significant                    Authority: 33 U.S.C. 499; 33 CFR 1.05–1;            information you consider to be
                                                 environmental impact from this                          Department of Homeland Security Delegation            confidential business information (CBI)
                                                 proposed rule.                                          No. 0170.1.                                           or other information whose disclosure is
                                                 G. Protest Activities                                   ■   2. Add § 117.1029 to read as follows:             restricted by statute. Multimedia
                                                                                                                                                               submissions (audio, video, etc.) must be
                                                   The Coast Guard respects the First                    § 117.1029     Chambers Bay.                          accompanied by a written comment.
                                                 Amendment rights of protesters.                            The draw of the Chambers Bay                       The written comment is considered the
                                                 Protesters are asked to contact the                     railroad lift bridge, mile 0.01, at                   official comment and should include
                                                 person listed in the FOR FURTHER                        Chambers Bay, shall open on signal                    discussion of all points you wish to
                                                 INFORMATION CONTACT section to                          except between 10 p.m. to 6 a.m. The                  make. EPA will generally not consider
                                                 coordinate protest activities so that your              draw shall open on signal from 10 p.m.                comments or comment contents located
                                                 message can be received without                         to 6 a.m. when at least four hours of                 outside of the primary submission (i.e.,
                                                 jeopardizing the safety or security of                  notice has been given via the phone                   on the web, cloud, or other file sharing
                                                 people, places or vessels.                              number posted on the bridge, and as                   system). For additional submission
                                                 V. Public Participation and Request for                 soon as possible, no later than 1 hour                methods, please contact the person
                                                 Comments                                                after notification, for vessels engaged in            identified in the FOR FURTHER
                                                                                                         emergency response.                                   INFORMATION CONTACT section. For the
                                                    We view public participation as                                                                            full EPA public comment policy,
                                                 essential to effective rulemaking, and                    Dated: February 16, 2018.
                                                                                                         Brendan C. McPherson,
                                                                                                                                                               information about CBI or multimedia
                                                 will consider all comments and material                                                                       submissions, and general guidance on
                                                 received during the comment period.                     Captain, U.S. Coast Guard, Acting
                                                                                                         Commander, Thirteenth Coast Guard District.
                                                                                                                                                               making effective comments, please visit
                                                 Your comment can help shape the                                                                               http://www2.epa.gov/dockets/
                                                 outcome of this rulemaking. If you                      [FR Doc. 2018–04912 Filed 3–9–18; 8:45 am]
                                                                                                                                                               commenting-epa-dockets.
                                                 submit a comment, please include the                    BILLING CODE 9110–04–P
                                                 docket number for this rulemaking,                                                                            FOR FURTHER INFORMATION CONTACT:
                                                 indicate the specific section of this                                                                         Gavin Huang, (215) 814–2042, or by
                                                 document to which each comment                                                                                email at huang.gavin@epa.gov.
                                                                                                         ENVIRONMENTAL PROTECTION
                                                 applies, and provide a reason for each                  AGENCY                                                SUPPLEMENTARY INFORMATION:
                                                 suggestion or recommendation.
                                                                                                                                                               I. Background
                                                    We encourage you to submit                           40 CFR Part 52
                                                 comments through the Federal                                                                                    On March 27, 2008, EPA strengthened
                                                 eRulemaking Portal at http://                           [EPA–R03–OAR–2017–0739; FRL–9975–34–                  the ozone standard from 0.08 to 0.075
                                                 www.regulations.gov. If your material                   Region 3]                                             parts per million (ppm). 73 FR 16436.
                                                 cannot be submitted using http://                                                                             On May 21, 2012, EPA designated areas
                                                 www.regulations.gov, contact the person                 Approval and Promulgation of Air                      as nonattainment for the 2008 ozone
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 in the FOR FURTHER INFORMATION                          Quality Implementation Plans;                         NAAQS, which include the following
                                                 CONTACT section of this document for                    Pennsylvania; Emissions Statement                     counties in Pennsylvania: Carbon,
                                                 alternate instructions.                                 Requirement for the 2008 Ozone                        Lehigh, Northampton, Lancaster, Bucks,
                                                    We accept anonymous comments. All                    Standard                                              Chester, Delaware, Montgomery,
                                                 comments received will be posted                        AGENCY:  Environmental Protection                     Philadelphia, Allegheny, Armstrong,
                                                 without change to http://                               Agency (EPA).                                         Beaver, Butler, Fayette, Washington,
                                                 www.regulations.gov and will include                                                                          Westmoreland, and Berks counties. See
                                                                                                         ACTION: Proposed rule.
                                                 any personal information you have                                                                             40 CFR 81.339.


                                            VerDate Sep<11>2014   17:41 Mar 09, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\12MRP1.SGM   12MRP1


                                                                         Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Proposed Rules                                                   10651

                                                    Additionally, Pennsylvania is located                or category of sources as required by                 who can verify the source’s actual
                                                 in the ozone transport region (OTR)                     CAA sections 172 and 182.1 See section                emissions.
                                                 established by Congress in section 184                  182(a)(3)(B)(ii).                                        Under 25 Pa. Code 135.21(d), sources
                                                 of the CAA. Pursuant to section                            On November 3, 2017, the                           that emit less than 25 tons of NOX or
                                                 184(b)(2), any stationary source that                   Commonwealth of Pennsylvania,                         VOC per year are not required to submit
                                                 emits or has the potential to emit at least             through the Pennsylvania Department of                the mandatory emissions statement per
                                                 50 tons per year (tpy) of volatile organic              Environmental Protection (PADEP)                      25 Pa. Code 135.21(a) if PADEP
                                                 compounds (VOC) shall be considered a                   submitted a SIP revision to satisfy the               provides EPA with an inventory of
                                                 major stationary source and subject to                  emissions statement requirement of                    emissions from the class or category of
                                                 the requirements which would be                         section 182(a)(3)(B) of the CAA for the               sources based on the use of the emission
                                                 applicable to major stationary sources if               2008 ozone NAAQS. In the submittal,                   factors established by the Administrator.
                                                 the area were classified as a moderate                  PADEP also submitted a certification for              As previously mentioned, per CAA
                                                 nonattainment area. See CAA section                     its nonattainment new source review                   section 182(a)(3)(B)(ii), states may waive
                                                 184. Thus, states within the OTR are                    (NNSR) program, which will be                         reporting requirements for sources
                                                 subject to plan (or SIP) requirements in                addressed in a separate rulemaking                    under 25 tpy of NOX and VOC if the
                                                 CAA section 182(b) applicable to                        action.                                               state provides an inventory of emissions
                                                 moderate nonattainment areas. Also,                                                                           from such class or category of sources as
                                                 section 182(f)(1) of the CAA requires                   II. Summary of SIP Revision and EPA                   required by CAA sections 172 and 182.
                                                 that the plan provisions required for                   Analysis                                                 In the November 3, 2017 SIP
                                                 major stationary sources of VOC also                      On January 12, 1995 (60 FR 2881),                   submittal, Pennsylvania states that,
                                                 apply to major stationary sources of                    EPA approved Pennsylvania’s SIP                       upon review, the Commonwealth
                                                 oxides of nitrogen (NOX) for states with                submittal which included Pennsylvania                 certifies that the existing emissions
                                                 moderate (or worse) ozone                               regulations that satisfy the emission                 statement program continues to comply
                                                 nonattainment areas. A major stationary                 reporting requirements in CAA section                 with the 2008 ozone NAAQS
                                                 source of NOX is defined as a stationary                182(a)(3)(B). Pennsylvania’s emissions                requirements. See 60 FR 2881 (January
                                                 facility or source of air pollutants which              reporting requirements are codified in                12, 1995). EPA finds that 25 Pa. Code
                                                 directly emits, or has the potential to                 the Pennsylvania Code at 25 Pa. Code                  135.21 continues to satisfy section
                                                 emit 100 tpy or more of NOX. See CAA                    135.21 ‘‘Emissions Statements.’’                      182(a)(3)(B) because the existing rule is
                                                 section 302(j).                                           25 Pa. Code 135.21 requires that                    applicable to the entire Commonwealth
                                                    Section 182 of the CAA identifies                                                                          of Pennsylvania and requires stationary
                                                                                                         stationary sources or facilities that emit
                                                 additional plan submissions and                                                                               sources that emit NOX or VOC (at
                                                                                                         NOX or VOC and are located in an area
                                                 requirements for ozone nonattainment                                                                          required thresholds above 25 tpy in
                                                                                                         designated by the CAA as a marginal,
                                                 areas. Specifically, section 182(a)(3)(B)                                                                     designated ozone nonattainment areas
                                                                                                         moderate, serious, severe or extreme
                                                 of the CAA requires that states develop                                                                       and above 50 tpy VOC or 100 tpy NOX
                                                                                                         ozone nonattainment area or stationary
                                                 and submit rules which establish annual                                                                       in ozone attainment areas in the OTR)
                                                                                                         sources or facilities that are located in
                                                 reporting requirements for certain                                                                            to submit an emissions statement to the
                                                                                                         the OTR (and not in an area designated
                                                 stationary sources. Sources that are                                                                          Commonwealth detailing the sources’
                                                                                                         as a marginal or worse nonattainment
                                                 within marginal (or worse) ozone                                                                              emissions. As previously mentioned,
                                                                                                         area) and emit or have the potential to
                                                 nonattainment areas must annually                                                                             per CAA section 182(a)(3)(B)(ii), states
                                                 report the actual emissions of NOX and                  emit 100 tons or more of NOX or 50 tons
                                                                                                         or more of VOC per year, submit an                    may waive sources that emit less than
                                                 VOC to the state. However, states may                                                                         25 tpy of NOX or VOC if the state
                                                 waive reporting requirements for                        annual emissions statement. Because
                                                                                                         Pennsylvania is located in the OTR,                   provides an inventory of emissions from
                                                 sources that emit under 25 tpy of NOX                                                                         such class or category of sources as
                                                 and VOC if the state provides an                        sources that are located in attainment
                                                                                                         areas for the 2008 ozone NAAQS and                    required by CAA section 172 and 182.
                                                 inventory of emissions from such class                                                                        Pennsylvania does provide emissions
                                                 or category of sources. See CAA section                 emit above 50 tpy of VOC and 100 tpy
                                                                                                         of NOX are considered major sources                   inventories for ozone nonattainment
                                                 182(a)(3)(B)(ii).                                                                                             areas as required by CAA section
                                                    In summary, because Pennsylvania is                  and subject to the requirements of major
                                                                                                         stationary sources in moderate (or                    172(c)(3).2 EPA finds Pennsylvania’s
                                                 located in the OTR, Pennsylvania
                                                                                                         worse) nonattainment area, such as an                 emissions’ thresholds for sources that
                                                 sources that are located in ozone
                                                                                                         emissions statement submission as                     are required to submit an emissions
                                                 attainment areas and emit above 50 tpy
                                                                                                         required by CAA section 182(a)(3)(B).                 statement meet CAA requirements in
                                                 of VOC or 100 tpy of NOX are
                                                                                                         See CAA sections 182(f) and 184(b)(2).                sections 182 (plan submissions and
                                                 considered major sources and subject to
                                                                                                         This statement must show, in a form as                requirements for ozone nonattainment
                                                 the requirements of major stationary
                                                                                                         PADEP may prescribe, for classes or                   areas) and 184 (OTR requirements). See
                                                 sources in moderate (or worse)
                                                                                                         categories of sources: The actual                     also ‘‘Guidance on the Implementation
                                                 nonattainment area, such as an
                                                                                                         emissions of NOX or VOC from that                     of an Emission Statement Program (July
                                                 emissions statement submission
                                                 required by CAA section 182(a)(3)(B).                   source for each reporting period, a                   1992).’’ Therefore, EPA has determined
                                                 See CAA sections 182(f) and 184(b)(2).                  description of the method used to                     that 25 Pa. Code 135.21, which is
                                                 Pennsylvania sources that are located in                calculate the emissions, and the time                 currently in the Pennsylvania SIP, is
                                                 designated marginal (or worse)                          period over which the calculation is                  appropriate to address the emissions
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 nonattainment areas must also submit                    based. The statement must be submitted
                                                                                                                                                                 2 See ‘‘Approval and Promulgation of Air Quality
                                                 an emissions statement as required by                   by a company officer or plant manager
                                                                                                                                                               Implementation Plans; Pennsylvania; 2011 Base
                                                 CAA section 182(a)(3)(B). As stated                                                                           Year Inventories for the 2008 8-Hour Ozone
                                                 previously, states may waive reporting                    1 For further information on the emissions          National Ambient Air Quality Standard for the
                                                 requirements for sources that emit                      statement reporting requirements, see ‘‘Guidance on   Allentown-Bethlehem-Easton, Lancaster,
                                                                                                         the Implementation of an Emission Statement           Pittsburgh-Beaver Valley, and Reading Areas, and
                                                 under the 25 tpy NOX and VOC                            Program (July 1992)’’ https://www.epa.gov/sites/      the Pennsylvania Portion of the Philadelphia-
                                                 threshold if the state provides an                      production/files/2015-09/documents/emission_          Wilmington-Atlantic City Area,’’ 81 FR 24492
                                                 inventory of emissions from such class                  statement_program_zypdf.pdf, pp. 5–9.                 (April 26, 2016).



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                                                 10652                   Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Proposed Rules

                                                 statement requirement in section                           • is not subject to requirements of                ozone nonattainment areas classified as
                                                 182(a)(3)(B) and is proposing to approve                Section 12(d) of the National                         marginal or above to report annual
                                                 this SIP revision. EPA is soliciting                    Technology Transfer and Advancement                   emissions of nitrogen oxides (NOX) and
                                                 public comments on the issues                           Act of 1995 (15 U.S.C. 272 note) because              volatile organic compounds (VOC). This
                                                 discussed in this document. These                       application of those requirements would               emissions statement requirement also
                                                 comments will be considered before                      be inconsistent with the CAA; and                     applies to stationary sources located in
                                                 taking final action.                                       • does not provide EPA with the                    the Ozone Transport Region (OTR) that
                                                                                                         discretionary authority to address, as                emit or have the potential to emit at
                                                 III. Proposed Action                                                                                          least 50 tons per year (tpy) of VOC or
                                                                                                         appropriate, disproportionate human
                                                    EPA is proposing to approve the                      health or environmental effects, using                100 tpy of NOX. The SIP revision
                                                 November 3, 2017 Pennsylvania SIP                       practicable and legally permissible                   provides Virginia’s certification that its
                                                 revision certifying that Pennsylvania’s                 methods, under Executive Order 12898                  existing emissions statement program
                                                 existing SIP-approved emissions                         (59 FR 7629, February 16, 1994).                      satisfies the emissions statement
                                                 statement regulation meets the                             In addition, this proposed rule, which             requirements of the CAA for the 2008
                                                 emissions statement requirement of                      proposes to approve Pennsylvania’s                    ozone National Ambient Air Quality
                                                 section 182(a)(3)(B) of the CAA for the                 certification that Pennsylvania’s SIP-                Standards (NAAQS). EPA is proposing
                                                 2008 ozone NAAQS.                                       approved emissions statement                          to approve Virginia’s emissions
                                                 IV. Statutory and Executive Order                       regulation meets the emissions                        statement program certification for the
                                                 Reviews                                                 statement requirement of section                      2008 ozone NAAQS as a SIP revision in
                                                                                                         182(a)(3)(B) of the CAA, does not have                accordance with the requirements of the
                                                    Under the CAA, the Administrator is                  tribal implications as specified by                   CAA.
                                                 required to approve a SIP submission                    Executive Order 13175 (65 FR 67249,                   DATES: Written comments must be
                                                 that complies with the provisions of the                November 9, 2000), because the SIP is                 received on or before April 11, 2018.
                                                 CAA and applicable federal regulations.                 not approved to apply in Indian country               ADDRESSES: Submit your comments,
                                                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                     located in the state, and EPA notes that              identified by Docket ID No. EPA–R03–
                                                 Thus, in reviewing SIP submissions,                     it will not impose substantial direct                 OAR–2017–0738 at http://
                                                 EPA’s role is to approve state choices,                 costs on tribal governments or preempt                www.regulations.gov, or via email to
                                                 provided that they meet the criteria of                 tribal law.                                           spielberger.susan@epa.gov. For
                                                 the CAA. Accordingly, this action
                                                                                                         List of Subjects in 40 CFR Part 52                    comments submitted at Regulations.gov,
                                                 merely approves state law as meeting
                                                                                                                                                               follow the online instructions for
                                                 federal requirements and does not                         Environmental protection, Air                       submitting comments. Once submitted,
                                                 impose additional requirements beyond                   pollution control, Incorporation by                   comments cannot be edited or removed
                                                 those imposed by state law. For that                    reference, Nitrogen dioxide, Ozone,                   from Regulations.gov. For either manner
                                                 reason, this proposed action:                           Reporting and recordkeeping                           of submission, EPA may publish any
                                                    • Is not a ‘‘significant regulatory                  requirements, Volatile organic                        comment received to its public docket.
                                                 action’’ subject to review by the Office                compounds.                                            Do not submit electronically any
                                                 of Management and Budget under
                                                                                                           Authority: 42 U.S.C. 7401 et seq.                   information you consider to be
                                                 Executive Orders 12866 (58 FR 51735,
                                                                                                           Dated: February 23, 2018.                           confidential business information (CBI)
                                                 October 4, 1993) and 13563 (76 FR 3821,
                                                                                                                                                               or other information whose disclosure is
                                                 January 21, 2011);                                      Cosmo Servidio,
                                                    • is not an Executive Order 13771 (82                                                                      restricted by statute. Multimedia
                                                                                                         Regional Administrator, Region III.
                                                 FR 9339, February 2, 2017) regulatory                                                                         submissions (audio, video, etc.) must be
                                                                                                         [FR Doc. 2018–04813 Filed 3–9–18; 8:45 am]
                                                 action because SIP approvals are                                                                              accompanied by a written comment.
                                                                                                         BILLING CODE 6560–50–P                                The written comment is considered the
                                                 exempted under Executive Order 12866;
                                                    • does not impose an information                                                                           official comment and should include
                                                 collection burden under the provisions                                                                        discussion of all points you wish to
                                                                                                         ENVIRONMENTAL PROTECTION                              make. EPA will generally not consider
                                                 of the Paperwork Reduction Act (44                      AGENCY
                                                 U.S.C. 3501 et seq.);                                                                                         comments or comment contents located
                                                    • is certified as not having a                       40 CFR Part 52                                        outside of the primary submission (i.e.,
                                                 significant economic impact on a                                                                              on the web, cloud, or other file sharing
                                                                                                         [EPA–R03–OAR–2017–0738; FRL–9975–35–                  system). For additional submission
                                                 substantial number of small entities                    Region 3]
                                                 under the Regulatory Flexibility Act (5                                                                       methods, please contact the person
                                                 U.S.C. 601 et seq.);                                                                                          identified in the FOR FURTHER
                                                                                                         Approval and Promulgation of Air
                                                    • does not contain any unfunded                      Quality Implementation Plans; Virginia;
                                                                                                                                                               INFORMATION CONTACT section. For the
                                                 mandate or significantly or uniquely                                                                          full EPA public comment policy,
                                                                                                         Emissions Statement Rule Certification
                                                 affect small governments, as described                                                                        information about CBI or multimedia
                                                                                                         for the 2008 Ozone National Ambient
                                                 in the Unfunded Mandates Reform Act                                                                           submissions, and general guidance on
                                                                                                         Air Quality Standard
                                                 of 1995 (Pub. L. 104–4);                                                                                      making effective comments, please visit
                                                    • does not have federalism                           AGENCY:  Environmental Protection                     http://www2.epa.gov/dockets/
                                                 implications as specified in Executive                  Agency (EPA).                                         commenting-epa-dockets.
                                                 Order 13132 (64 FR 43255, August 10,                    ACTION: Proposed rule.                                FOR FURTHER INFORMATION CONTACT: Sara
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 1999);                                                                                                        Calcinore, (215) 814–2043, or by email
                                                    • is not an economically significant                 SUMMARY:  The Environmental Protection                at calcinore.sara@epa.gov.
                                                 regulatory action based on health or                    Agency (EPA) is proposing to approve a                SUPPLEMENTARY INFORMATION:
                                                 safety risks subject to Executive Order                 state implementation plan (SIP) revision
                                                 13045 (62 FR 19885, April 23, 1997);                    formally submitted by the                             I. Background
                                                    • is not a significant regulatory action             Commonwealth of Virginia (Virginia).                     Under the CAA, EPA establishes
                                                 subject to Executive Order 13211 (66 FR                 Under the Clean Air Act (CAA), states’                NAAQS for criteria pollutants in order
                                                 28355, May 22, 2001);                                   SIPs must require stationary sources in               to protect human health and the


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Document Created: 2018-11-01 08:51:46
Document Modified: 2018-11-01 08:51:46
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 April 11, 2018.
ContactGavin Huang, (215) 814-2042, or by email at [email protected]
FR Citation83 FR 10650 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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