83 FR 26221 - Approval and Promulgation of Air Quality Implementation Plans; PA; Emissions Statement Requirement for the 2008 Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 109 (June 6, 2018)

Page Range		26221-26222
FR Document		2018-12070

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision fulfills Pennsylvania's emissions statement requirement for the 2008 ozone national ambient air quality standard (NAAQS). EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 109 (Wednesday, June 6, 2018)

[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Rules and Regulations]
[Pages 26221-26222]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12070]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0739; FRL-9978-98-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. This SIP revision fulfills Pennsylvania's emissions 
statement requirement for the 2008 ozone national ambient air quality 
standard (NAAQS). EPA is approving these revisions in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on July 6, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0739. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On March 12, 2018 (83 FR 10650), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA 
proposed approval of 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 for the 2008 
ozone NAAQS. The formal SIP revision was submitted by Pennsylvania, 
through the Pennsylvania Department of the Environmental Protection 
(PADEP), on November 3, 2017.

II. Summary of SIP Revision and EPA Analysis

    In Pennsylvania's November 3, 2017 SIP revision submittal, 
Pennsylvania states that the existing, SIP-approved rule found at 25 
Pa. Code 135.21, ``Emissions Statements,'' satisfies CAA section 
182(a)(3)(B) for the 2008 ozone NAAQS. Under CAA section 182(a)(3)(B), 
states are required to have an emission statements rule for ozone 
nonattainment areas. In addition, states in the ozone transport region 
are required to have an emission statement rule statewide, including 
for attainment areas. See CAA sections 182(a)(3)(B), 182(f), and 
184(b)(2). EPA previously approved Pennsylvania's emissions statement 
rule for the 1979 1-hour ozone standard, 25 Pa. Code 135.21, into the 
Pennsylvania SIP. See 60 FR 2881 (January 12, 1995). EPA has determined 
that 25 Pa. Code 135.21, which is currently in the Pennsylvania SIP, is 
appropriate to address the emissions statement requirement for the 2008 
ozone NAAQS. Therefore, EPA is approving this SIP revision that 
certifies that 25 Pa. Code 135.21 is adequate to satisfy the emissions 
statement requirement for the 2008 ozone NAAQS. Other specific 
requirements of the Pennsylvania's emissions statement rule and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here.

III. Public Comments

    EPA received twenty-three public comments on our March 12, 2018 NPR 
proposing to approve Pennsylvania's November 3, 2017 submittal. All 
comments received were not specific to this action, and thus are not 
addressed here.

IV. Final Action

    EPA is approving the Commonwealth of Pennsylvania's November 3, 
2017 SIP revision submittal, which addresses the 2008 8-hour ozone 
NAAQS emissions statement requirement, as a revision to the 
Pennsylvania SIP.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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

[[Page 26222]]

appropriate, disproportionate human health or environmental effects, 
using practicable and legally permissible methods, under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 6, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action.
    This action, approving Pennsylvania's certification that its SIP-
approved emissions statement regulation meets the emissions statement 
requirement of section 182(a)(3)(B) of the CAA for the 2008 ozone 
NAAQS, may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: May 18, 2018.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
the entry ``Emission statement requirement certification for the 2008 
ozone national ambient air quality standards (NAAQS)'' at the end of 
the table to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *

                          (1) EPA-Approved Nonregulatory and Quasi-Regulatory Material
----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory SIP     Applicable geographic        State        EPA approval          Additional
           revision                       area           submittal date        date             explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Emission statement requirement  Statewide..............     November 3,  6/6/2018,         Certification that
 certification for the 2008                                        2017   [insert Federal   Pennsylvania's
 ozone national ambient air                                               Register          previously approved
 quality standards (NAAQS).                                               citation].        regulation at 25 Pa.
                                                                                            Code 135.21,
                                                                                            ``Emissions
                                                                                            Statements,'' meets
                                                                                            the emission
                                                                                            statement
                                                                                            requirements for the
                                                                                            2008 ozone NAAQS.
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2018-12070 Filed 6-5-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations 26221

Higher volume port area * * * FOR FURTHER INFORMATION CONTACT: IV. Final Action
(13) * * * Maria A. Pino, (215) 814–2181, or by EPA is approving the Commonwealth
Note 1 to paragraph (13) of this definition: email at pino.maria@epa.gov. of Pennsylvania’s November 3, 2017 SIP
The western boundary of the Strait of Juan SUPPLEMENTARY INFORMATION: revision submittal, which addresses the
de Fuca higher volume port area in this part 2008 8-hour ozone NAAQS emissions
differs from that in § 154.1020 of this chapter. I. Background
The difference stems from section 316(b) of
statement requirement, as a revision to
the Coast Guard Authorization Act of 2015 On March 12, 2018 (83 FR 10650), the Pennsylvania SIP.
(Pub. L. 114–120), which expands only the EPA published a notice of proposed
rulemaking (NPR) for the V. Statutory and Executive Order
definition in this part.
Commonwealth of Pennsylvania. In the Reviews
* * * * * NPR, EPA proposed approval of A. General Requirements
Dated: May 31, 2018. Pennsylvania’s certification that Under the CAA, the Administrator is
Dana S. Tulis, Pennsylvania’s SIP-approved emissions required to approve a SIP submission
Director of Incident Management and statement regulation meets the that complies with the provisions of the
Preparedness Policy. emissions statement requirement of CAA and applicable federal regulations.
[FR Doc. 2018–12081 Filed 6–5–18; 8:45 am] section 182(a)(3)(B) of the CAA for the 42 U.S.C. 7410(k); 40 CFR 52.02(a).
BILLING CODE 9110–04–P
2008 ozone NAAQS. The formal SIP Thus, in reviewing SIP submissions,
revision was submitted by EPA’s role is to approve state choices,
Pennsylvania, through the Pennsylvania provided that they meet the criteria of
Department of the Environmental the CAA. Accordingly, this action
ENVIRONMENTAL PROTECTION
Protection (PADEP), on November 3, merely approves state law as meeting
AGENCY
2017. federal requirements and does not
40 CFR Part 52 II. Summary of SIP Revision and EPA impose additional requirements beyond
[EPA–R03–OAR–2017–0739; FRL–9978–98– Analysis those imposed by state law. For that
Region 3] reason, this action:
In Pennsylvania’s November 3, 2017 • Is not a ‘‘significant regulatory
Approval and Promulgation of Air SIP revision submittal, Pennsylvania action’’ subject to review by the Office
Quality Implementation Plans; PA; states that the existing, SIP-approved of Management and Budget under
Emissions Statement Requirement for rule found at 25 Pa. Code 135.21, Executive Orders 12866 (58 FR 51735,
the 2008 Ozone Standard ‘‘Emissions Statements,’’ satisfies CAA October 4, 1993) and 13563 (76 FR 3821,
section 182(a)(3)(B) for the 2008 ozone January 21, 2011);
AGENCY: Environmental Protection NAAQS. Under CAA section • Is not an Executive Order 13771 (82
Agency (EPA). 182(a)(3)(B), states are required to have FR 9339, February 2, 2017) regulatory
ACTION: Final rule. an emission statements rule for ozone action because SIP approvals are
nonattainment areas. In addition, states exempted under Executive Order 12866.
SUMMARY: The Environmental Protection in the ozone transport region are
Agency (EPA) is approving a state • Does not impose an information
required to have an emission statement collection burden under the provisions
implementation plan (SIP) revision rule statewide, including for attainment
submitted by the Commonwealth of of the Paperwork Reduction Act (44
areas. See CAA sections 182(a)(3)(B), U.S.C. 3501 et seq.);
Pennsylvania. This SIP revision fulfills 182(f), and 184(b)(2). EPA previously • Is certified as not having a
Pennsylvania’s emissions statement approved Pennsylvania’s emissions significant economic impact on a
requirement for the 2008 ozone national statement rule for the 1979 1-hour ozone
substantial number of small entities
ambient air quality standard (NAAQS). standard, 25 Pa. Code 135.21, into the under the Regulatory Flexibility Act (5
EPA is approving these revisions in Pennsylvania SIP. See 60 FR 2881 U.S.C. 601 et seq.);
accordance with the requirements of the (January 12, 1995). EPA has determined
• Does not contain any unfunded
Clean Air Act (CAA). that 25 Pa. Code 135.21, which is mandate or significantly or uniquely
DATES: This final rule is effective on July currently in the Pennsylvania SIP, is affect small governments, as described
6, 2018. appropriate to address the emissions in the Unfunded Mandates Reform Act
ADDRESSES: EPA has established a statement requirement for the 2008 of 1995 (Pub. L. 104–4);
docket for this action under Docket ID ozone NAAQS. Therefore, EPA is • Does not have federalism
Number EPA–R03–OAR–2017–0739. All approving this SIP revision that certifies implications as specified in Executive
documents in the docket are listed on that 25 Pa. Code 135.21 is adequate to Order 13132 (64 FR 43255, August 10,
the http://www.regulations.gov website. satisfy the emissions statement 1999);
Although listed in the index, some requirement for the 2008 ozone NAAQS. • Is not an economically significant
information is not publicly available, Other specific requirements of the regulatory action based on health or
e.g., confidential business information Pennsylvania’s emissions statement rule safety risks subject to Executive Order
(CBI) or other information whose and the rationale for EPA’s proposed 13045 (62 FR 19885, April 23, 1997);
disclosure is restricted by statute. action are explained in the NPR and • Is not a significant regulatory action
Certain other material, such as will not be restated here. subject to Executive Order 13211 (66 FR
copyrighted material, is not placed on 28355, May 22, 2001);
III. Public Comments
the internet and will be publicly • Is not subject to requirements of
available only in hard copy form. EPA received twenty-three public
daltland on DSKBBV9HB2PROD with RULES

section 12(d) of the National
Publicly available docket materials are comments on our March 12, 2018 NPR Technology Transfer and Advancement
available through http:// proposing to approve Pennsylvania’s Act of 1995 (15 U.S.C. 272 note) because
www.regulations.gov, or please contact November 3, 2017 submittal. All application of those requirements would
the person identified in the FOR FURTHER comments received were not specific to be inconsistent with the CAA; and
INFORMATION CONTACT section for this action, and thus are not addressed • Does not provide EPA with the
additional availability information. here. discretionary authority to address, as

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26222 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations

appropriate, disproportionate human C. Petitions for Judicial Review Reporting and recordkeeping
health or environmental effects, using Under section 307(b)(1) of the CAA, requirements, Volatile organic
practicable and legally permissible petitions for judicial review of this compounds.
methods, under Executive Order 12898 action must be filed in the United States Dated: May 18, 2018.
(59 FR 7629, February 16, 1994). Court of Appeals for the appropriate Cosmo Servidio,
B. Submission to Congress and the circuit by August 6, 2018. Filing a Regional Administrator, Region III.
Comptroller General petition for reconsideration by the
40 CFR part 52 is amended as follows:
Administrator of this final rule does not
The Congressional Review Act, 5 affect the finality of this action for the PART 52—APPROVAL AND
U.S.C. 801 et seq., as added by the Small purposes of judicial review nor does it PROMULGATION OF
Business Regulatory Enforcement extend the time within which a petition IMPLEMENTATION PLANS
Fairness Act of 1996, generally provides for judicial review may be filed, and
that before a rule may take effect, the shall not postpone the effectiveness of ■ 1. The authority citation for part 52
agency promulgating the rule must such rule or action. continues to read as follows:
submit a rule report, which includes a This action, approving Pennsylvania’s
Authority: 42 U.S.C. 7401 et seq.
copy of the rule, to each House of the certification that its SIP-approved
Congress and to the Comptroller General emissions statement regulation meets Subpart NN—Pennsylvania
of the United States. EPA will submit a the emissions statement requirement of
report containing this action and other section 182(a)(3)(B) of the CAA for the ■ 2. In § 52.2020, the table in paragraph
required information to the U.S. Senate, 2008 ozone NAAQS, may not be (e)(1) is amended by adding the entry
the U.S. House of Representatives, and challenged later in proceedings to ‘‘Emission statement requirement
the Comptroller General of the United enforce its requirements. (See section certification for the 2008 ozone national
States prior to publication of the rule in 307(b)(2)). ambient air quality standards (NAAQS)’’
the Federal Register. A major rule at the end of the table to read as follows:
cannot take effect until 60 days after it List of Subjects in 40 CFR Part 52
is published in the Federal Register. Environmental protection, Air § 52.2020 Identification of plan.
This action is not a ‘‘major rule’’ as pollution control, Incorporation by * * * * *
defined by 5 U.S.C. 804(2). reference, Nitrogen dioxide, Ozone, (e) * * *

(1) EPA-APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL
Name of Applicable State submittal
non-regulatory geographic EPA approval date Additional explanation
date
SIP revision area

* * * * * * *

Emission statement re- Statewide ............ November 3, 6/6/2018, [insert Federal Certification that Pennsylvania’s previously ap-
quirement certification 2017 Register citation]. proved regulation at 25 Pa. Code 135.21,
for the 2008 ozone na- ‘‘Emissions Statements,’’ meets the emission
tional ambient air qual- statement requirements for the 2008 ozone
ity standards (NAAQS). NAAQS.

* * * * * (BCAQMD) portion of the California Publicly available docket materials are
[FR Doc. 2018–12070 Filed 6–5–18; 8:45 am] State Implementation Plan (SIP). This available through http://
BILLING CODE 6560–50–P revision concerns the District’s New www.regulations.gov, or please contact
Source Review (NSR) permitting the person identified in the FOR FURTHER
program for new and modified sources INFORMATION CONTACT section for
ENVIRONMENTAL PROTECTION of air pollution. We are approving a additional availability information.
AGENCY local rule under the Clean Air Act (CAA FOR FURTHER INFORMATION CONTACT: T.
or the Act). Khoi Nguyen, EPA Region IX, (415)
40 CFR Part 52 DATES: This rule will be effective on July 947–4120, nguyen.thien@epa.gov.
[EPA–R09–OAR–2018–0120; FRL–9978–18– 6, 2018. SUPPLEMENTARY INFORMATION:
Region 9] ADDRESSES: The EPA has established a Throughout this document, ‘‘we,’’ ‘‘us’’
docket for this action under Docket ID and ‘‘our’’ refer to the EPA.
Approval of California Air Plan No. EPA–R09–OAR–2018–0120. All
Revisions; Butte County Air Quality Table of Contents
documents in the docket are listed on
Management District; Stationary the http://www.regulations.gov web site. I. Proposed Action
Source Permits II. Public Comments and EPA Responses
Although listed in the index, some III. EPA Action
AGENCY: Environmental Protection information is not publicly available, IV. Incorporation by Reference
e.g., Confidential Business Information
daltland on DSKBBV9HB2PROD with RULES

Agency (EPA). V. Statutory and Executive Order Reviews
ACTION: Final rule. (CBI) or other information whose
disclosure is restricted by statute. I. Proposed Action
SUMMARY: The Environmental Protection Certain other material, such as On March 23, 2018, the EPA proposed
Agency (EPA) is taking final action to copyrighted material, is not placed on an approval of Rule 432—Federal New
approve a revision to the Butte County the internet and will be publicly Source Review (FNSR), as noted in
Air Quality Management District available only in hard copy form. Table 1, submitted by the California Air

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Document Created: 2018-06-06 00:54:17
Document Modified: 2018-06-06 00:54:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on July 6, 2018.
Contact		Maria A. Pino, (215) 814-2181, or by email at [email protected]
FR Citation		83 FR 26221
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds