83 FR 27732 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 115 (June 14, 2018)
Federal Register Volume 83, Issue 115 (June 14, 2018)
| Page Range | 27732-27734 | |
| FR Document | 2018-12706 |
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)] [Proposed Rules] [Pages 27732-27734] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12706] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2018-0054; FRL-9979-42--Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Interstate Transport Requirements for the 2012 Fine Particulate Matter 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 pertains to the infrastructure requirement for interstate transport of pollution with respect to the 2012 fine particulate matter (PM2.5 ) national ambient air quality standards (NAAQS). EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA). DATES: Written comments must be received on or before July 16, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2018-0054 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. [[Page 27733]] FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On July 15, 2014, the Commonwealth of Pennsylvania submitted, through the Department of Environmental Protection (PADEP), a revision to its SIP to address for the 2012 PM2.5 NAAQS the elements of CAA section 110(a)(2) with the exception of section 110(a)(2)(D)(i)(I). EPA approved portions of that SIP revision on May 8, 2015. See 80 FR 26461. In that action, EPA approved for the 2012 PM2.5 NAAQS all elements except for section 110(a)(2)(D)(i)(II) (relating to the protection of visibility, also known as prong 4), for which EPA stated it would take later separate action. Because the July 15, 2014 SIP submittal did not address 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS, EPA took no rulemaking action addressing whether Pennsylvania had addressed that specific element. EPA's previous approval on that July 15, 2014 submittal is not at issue in this proposed rulemaking action and is mentioned herein for background; EPA is not at this time taking action on the remaining section of PADEP's July 15, 2014 submittal relating to visibility protection for the 2012 PM2.5 NAAQS. On October 11, 2017, the Commonwealth of Pennsylvania, through PADEP submitted a SIP revision addressing the infrastructure requirements under section 110(a)(2)(D)(i) of the CAA for the 2012 PM2.5 NAAQS. I. Background A. General Particle pollution is a complex mixture of extremely small particles and liquid droplets in the air. When inhaled, these particles can reach the deepest regions of the lungs. Exposure to particle pollution is linked to a variety of significant health problems. Particle pollution also is the main cause of visibility impairment in the nation's cities and national parks. PM2.5 can be emitted directly into the atmosphere, or they can form from chemical reactions of precursor gases including sulfur dioxide (SO2 ), nitrogen dioxide (NO2 ), certain volatile organic compounds (VOC), and ammonia. On January 15, 2013, EPA revised the level of the health based (primary) annual PM2.5 standard to 12 micrograms per cubic meter ([micro]g/m\3\). See 78 FR 3086. B. EPA's Infrastructure Requirements Pursuant to section 110(a)(1) of the CAA, states are required to submit a SIP revision to address the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements to assure attainment and maintenance of the NAAQS--such as requirements for monitoring, basic program requirements, and legal authority. Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and circumstances of each NAAQS and what is in each state's existing SIP. In particular, the data and analytical tools available at the time the state develops and submits the SIP revision for a new or revised NAAQS affect the content of the submission. The content of such SIP submission may also vary depending upon what provisions the state's existing SIP already contains. Specifically, section 110(a)(1) provides the procedural and timing requirements for SIP submissions. Section 110(a)(2) lists specific elements that states must meet for infrastructure SIP requirements related to a newly established or revised NAAQS such as requirements for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the NAAQS. C. Interstate Pollution Transport Requirements Section 110(a)(2)(D)(i)(I) of the CAA requires a state's SIP to address any emissions activity in one state that contributes significantly to nonattainment, or interferes with maintenance, of the NAAQS in any downwind state. The EPA sometimes refers to these requirements as prong 1 (significant contribution to nonattainment) and prong 2 (interference with maintenance), or jointly as the ``good neighbor'' provision of the CAA. Further information can be found in the Technical Support Document (TSD) for this rulemaking action, which is available online at www.regulations.gov, Docket number EPA-R03-OAR- 2018-0054. II. Summary of SIP Revisions and EPA Analysis Pennsylvania's October 11, 2017 SIP submittal includes a summary of statewide annual emissions of PM2.5 , coarse particulate matter (PM10 ), and precursors of PM2.5 including oxides of nitrogen (NOX ), SO2 , ammonia, and VOCs. Pennsylvania also included statewide SO2 and NOX emissions specifically from the electric generating units (EGU) sector as EGUs are the largest contributor to the point source emissions. The emissions summary shows that, for the years 2011 through 2015, emissions of all pollutants presented have been steadily decreasing or remained nearly steady for sources that potentially contribute with respect to the 2012 PM2.5 NAAQS to nonattainment in, or interfere with maintenance of, any other state. The submittal also included annual PM2.5 design values (DVs) in Pennsylvania for the ten most recent years of available data (2006 through 2015).\1\ --------------------------------------------------------------------------- \1\ ``Design value'' means the ``calculated concentration according to the applicable appendix of [40 CFR part 50] for the highest site in an attainment or nonattainment area.'' 40 CFR 58.1 (definitions). --------------------------------------------------------------------------- Pennsylvania also discussed EPA's March 17, 2016 memorandum (2016 PM2.5 Memorandum) and the fact that EPA's analysis showed that only one monitor in the eastern United States had projected PM2.5 data above the 12.0 [micro]g/m\3\ NAAQS value (Allegheny County, PA).\2\ Pennsylvania also generally discussed the direction of prevailing winds as being from west to east and that, due to the sheer distance of 2,000 to 3,000 miles, Pennsylvania should not affect Idaho or California. Additionally, Pennsylvania described several existing SIP-approved measures and other federally enforceable source-specific measures, pursuant to permitting requirements under the CAA, that apply to sources of PM2.5 and its precursors within the Commonwealth. Pennsylvania alleges with these measures, emissions reductions, ambient monitored PM2.5 data, and meteorological data, the Commonwealth does not significantly contribute to, or interfere with the maintenance of, another state for the 2012 PM2.5 NAAQS. A detailed summary of Pennsylvania's submittal and EPA's review and rationale for approval of this SIP revision as meeting CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS may be found in the TSD for this rulemaking action, which is available online at www.regulations.gov, Docket number EPA-R03-OAR- 2018-0054. --------------------------------------------------------------------------- \2\ ``Information on the Interstate Transport ``Good Neighbor'' Provision for the 2012 Fine Particulate Matter National Ambient Air Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),'' memorandum from Stephan D. Page, Director, EPA Office of Air Quality Planning and Standards. --------------------------------------------------------------------------- EPA used the information in the 2016 PM2.5 Memorandum and additional information for the evaluation and came to the same conclusion as Pennsylvania. As discussed in greater detail in the [[Page 27734]] TSD, EPA identified the potential downwind nonattainment and maintenance receptors identified in the 2016 PM2.5 Memorandum, and then evaluated them to determine if Pennsylvania's emissions could potentially contribute to nonattainment and maintenance problems in 2021, the attainment year for moderate PM2.5 nonattainment areas for the 2012 PM2.5 NAAQS. Specifically, the EPA analysis identified the following areas as potential nonattainment and maintenance receptors: (i) 17 potential receptors in California; (ii) one potential receptor in Shoshone County, Idaho; (iii) data gaps exist for the monitors in four counties in Florida; and (iv) data gaps exist for all monitors in Illinois. For the 17 receptors in California and one potential receptor in Idaho, based on EPA's evaluation of distance and wind direction, EPA proposes to conclude that Pennsylvania's emissions do not significantly impact those receptors. For the four counties in Florida and the monitors in Illinois with data gaps, EPA initially treats those receptors as potential nonattainment or maintenance receptors, but it is unlikely that they will be nonattainment or maintenance receptors in 2021 because the most recent air quality data (from 2015-2017 for Florida and from 2015-2016 for Illinois) indicates that all monitors are likely attaining the PM2.5 NAAQS and are therefore unlikely to be nonattainment or maintenance concerns in 2021. Therefore, EPA proposes to conclude that Pennsylvania emissions will not contribute to any of those receptors. For these reasons, EPA is proposing to find that Pennsylvania's existing SIP provisions as identified in the October 11, 2017 SIP submittal are adequate to prevent its emission sources from significantly contributing to nonattainment or interfering with maintenance in another state with respect to the 2012 PM2.5 NAAQS. III. Proposed Action EPA is proposing to approve the Pennsylvania SIP revision addressing the interstate transport requirements for the 2012 PM2.5 NAAQS in CAA section 110(a)(2)(D)(i)(I), which was submitted on October 11, 2017. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. 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, regarding Pennsylvania's interstate transport SIP for the 2012 PM 2.5 NAAQS, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter. Authority: 42 U.S.C. 7401 et seq. Dated: June 5, 2018. Cosmo Servidio, Regional Administrator, Region III. [FR Doc. 2018-12706 Filed 6-13-18; 8:45 am] BILLING CODE 6560-50-P
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E. Unfunded Mandates Reform Act www.regulations.gov. If your material ENVIRONMENTAL PROTECTION
The Unfunded Mandates Reform Act cannot be submitted using http:// AGENCY
of 1995 (2 U.S.C. 1531–1538) requires www.regulations.gov, contact the person
Federal agencies to assess the effects of in the FOR FURTHER INFORMATION 40 CFR Part 52
their discretionary regulatory actions. In CONTACT section of this document for
[EPA–R03–OAR–2018–0054; FRL–9979–
particular, the Act addresses actions alternate instructions. 42—Region 3]
that may result in the expenditure by a We accept anonymous comments. All
State, local, or tribal government, in the comments received will be posted Approval and Promulgation of Air
aggregate, or by the private sector of without change to http:// Quality Implementation Plans;
$100,000,000 (adjusted for inflation) or www.regulations.gov and will include Pennsylvania; Interstate Transport
more in any one year. Though this Requirements for the 2012 Fine
any personal information you have
proposed rule would not result in such Particulate Matter Standard
provided. For more about privacy and
an expenditure, we do discuss the
effects of this proposed rule elsewhere the docket, visit http:// AGENCY: Environmental Protection
in this preamble. www.regulations.gov/privacynotice. Agency (EPA).
Documents mentioned in this SNPRM ACTION: Proposed rule.
F. Environment
as being available in this docket and all
We have analyzed this proposed rule public comments, will be in our online SUMMARY: The Environmental Protection
under Department of Homeland docket at http://www.regulations.gov Agency (EPA) is proposing to approve a
Security Management Directive 023–01 state implementation plan (SIP) revision
and can be viewed by following that
and Commandant Instruction submitted by the Commonwealth of
website’s instructions. Additionally, if
M16475.lD, which guide the Coast Pennsylvania. This revision pertains to
you go to the online docket and sign up the infrastructure requirement for
Guard in complying with the National
for email alerts, you will be notified interstate transport of pollution with
Environmental Policy Act of 1969 (42
when comments are posted or a final respect to the 2012 fine particulate
U.S.C. 4321–4370f), and have
determined that this action is one of a rule is published. matter (PM2.5) national ambient air
category of actions that do not List of Subjects in 33 CFR Part 117 quality standards (NAAQS). EPA is
individually or cumulatively have a approving this revision in accordance
significant effect on the human Bridges. with the requirements of the Clean Air
environment. This proposed rule Act (CAA).
For the reasons discussed in the
involves a change to the operating DATES: Written comments must be
preamble, the Coast Guard proposes to
schedule of a drawbridge. It is received on or before July 16, 2018.
amend 33 CFR part 117 as follows:
categorically excluded from further ADDRESSES: Submit your comments,
review under paragraph L49 of PART 117—DRAWBRIDGE identified by Docket ID No. EPA–R03–
Appendix A, Table 1 of DHS Instruction OAR–2018–0054 at http://
OPERATION REGULATIONS
Manual 023–01–001–01, Rev. 01. We www.regulations.gov, or via email to
seek any comments or information that spielberger.susan@epa.gov. For
may lead to the discovery of a ■ 1. The authority citation for part 117
continues to read as follows: comments submitted at Regulations.gov,
significant environmental impact from follow the online instructions for
this proposed rule. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; submitting comments. Once submitted,
and Department of Homeland Security comments cannot be edited or removed
G. Protest Activities
Delegation No. 0170.1. from Regulations.gov. For either manner
The Coast Guard respects the First
Amendment rights of protesters. ■ 2. Revise § 117.500 to read as follows: of submission, EPA may publish any
Protesters are asked to contact the comment received to its public docket.
person listed in the FOR FURTHER § 117.500 Tchefuncta River. Do not submit electronically any
INFORMATION CONTACT section to information you consider to be
The draw of the S22 Bridge, mile 2.5,
coordinate protest activities so that your confidential business information (CBI)
at Madisonville, LA shall open on signal or other information whose disclosure is
message can be received without from 7 p.m. to 6 a.m. From 6 a.m. to 7
jeopardizing the safety or security of restricted by statute. Multimedia
p.m. the draw need only open on the submissions (audio, video, etc.) must be
people, places, or vessels. hour and half hour, except that: accompanied by a written comment.
VI. Public Participation and Request for (a) From 6 a.m. to 9 a.m. Monday The written comment is considered the
Comments through Friday except federal holidays official comment and should include
We view public participation as the draw need only open on the hour; discussion of all points you wish to
essential to effective rulemaking, and and make. EPA will generally not consider
will consider all comments and material (b) From 4 p.m. to 5:30 p.m. Monday comments or comment contents located
received during the comment period. outside of the primary submission (i.e.,
through Friday except federal holidays
Your comment can help shape the on the web, cloud, or other file sharing
the draw need not open.
outcome of this rulemaking. If you system). For additional submission
submit a comment, please include the Dated: June 7, 2018. methods, please contact the person
daltland on DSKBBV9HB2PROD with PROPOSALS
docket number for this rulemaking, Paul F. Thomas, identified in the FOR FURTHER
indicate the specific section of this Rear Admiral, U.S. Coast Guard,Commander, INFORMATION CONTACT section. For the
document to which each comment Eighth Coast Guard District. full EPA public comment policy,
applies, and provide a reason for each [FR Doc. 2018–12742 Filed 6–13–18; 8:45 am] information about CBI or multimedia
suggestion or recommendation. submissions, and general guidance on
BILLING CODE 9110–04–P
We encourage you to submit making effective comments, please visit
comments through the Federal http://www2.epa.gov/dockets/
eRulemaking Portal at http:// commenting-epa-dockets.
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FOR FURTHER INFORMATION CONTACT: revision to address the applicable statewide SO2 and NOX emissions
Joseph Schulingkamp, (215) 814–2021, requirements of section 110(a)(2) within specifically from the electric generating
or by email at schulingkamp.joseph@ three years after promulgation of a new units (EGU) sector as EGUs are the
epa.gov. or revised NAAQS or within such largest contributor to the point source
SUPPLEMENTARY INFORMATION: On July shorter period as EPA may prescribe. emissions. The emissions summary
15, 2014, the Commonwealth of Section 110(a)(2) requires states to shows that, for the years 2011 through
Pennsylvania submitted, through the address basic SIP elements to assure 2015, emissions of all pollutants
Department of Environmental Protection attainment and maintenance of the presented have been steadily decreasing
(PADEP), a revision to its SIP to address NAAQS—such as requirements for or remained nearly steady for sources
for the 2012 PM2.5 NAAQS the elements monitoring, basic program that potentially contribute with respect
of CAA section 110(a)(2) with the requirements, and legal authority. to the 2012 PM2.5 NAAQS to
exception of section 110(a)(2)(D)(i)(I). Section 110(a) imposes the obligation nonattainment in, or interfere with
EPA approved portions of that SIP upon states to make a SIP submission to maintenance of, any other state. The
revision on May 8, 2015. See 80 FR EPA for a new or revised NAAQS, but submittal also included annual PM2.5
26461. In that action, EPA approved for the contents of that submission may design values (DVs) in Pennsylvania for
the 2012 PM2.5 NAAQS all elements vary depending upon the facts and the ten most recent years of available
except for section 110(a)(2)(D)(i)(II) circumstances of each NAAQS and what data (2006 through 2015).1
(relating to the protection of visibility, is in each state’s existing SIP. In Pennsylvania also discussed EPA’s
also known as prong 4), for which EPA particular, the data and analytical tools March 17, 2016 memorandum (2016
available at the time the state develops PM2.5 Memorandum) and the fact that
stated it would take later separate
and submits the SIP revision for a new EPA’s analysis showed that only one
action. Because the July 15, 2014 SIP
or revised NAAQS affect the content of monitor in the eastern United States had
submittal did not address
the submission. The content of such SIP projected PM2.5 data above the 12.0
110(a)(2)(D)(i)(I) for the 2012 PM2.5
submission may also vary depending mg/m3 NAAQS value (Allegheny
NAAQS, EPA took no rulemaking action
upon what provisions the state’s County, PA).2 Pennsylvania also
addressing whether Pennsylvania had
existing SIP already contains. generally discussed the direction of
addressed that specific element. EPA’s
Specifically, section 110(a)(1) prevailing winds as being from west to
previous approval on that July 15, 2014
provides the procedural and timing east and that, due to the sheer distance
submittal is not at issue in this proposed requirements for SIP submissions. of 2,000 to 3,000 miles, Pennsylvania
rulemaking action and is mentioned Section 110(a)(2) lists specific elements should not affect Idaho or California.
herein for background; EPA is not at this that states must meet for infrastructure Additionally, Pennsylvania described
time taking action on the remaining SIP requirements related to a newly several existing SIP-approved measures
section of PADEP’s July 15, 2014 established or revised NAAQS such as and other federally enforceable source-
submittal relating to visibility protection requirements for monitoring, basic specific measures, pursuant to
for the 2012 PM2.5 NAAQS. program requirements, and legal permitting requirements under the CAA,
On October 11, 2017, the
authority that are designed to assure that apply to sources of PM2.5 and its
Commonwealth of Pennsylvania,
attainment and maintenance of the precursors within the Commonwealth.
through PADEP submitted a SIP Pennsylvania alleges with these
NAAQS.
revision addressing the infrastructure measures, emissions reductions,
requirements under section C. Interstate Pollution Transport
ambient monitored PM2.5 data, and
110(a)(2)(D)(i) of the CAA for the 2012 Requirements
meteorological data, the Commonwealth
PM2.5 NAAQS. Section 110(a)(2)(D)(i)(I) of the CAA does not significantly contribute to, or
I. Background requires a state’s SIP to address any interfere with the maintenance of,
emissions activity in one state that another state for the 2012 PM2.5
A. General contributes significantly to NAAQS. A detailed summary of
Particle pollution is a complex nonattainment, or interferes with Pennsylvania’s submittal and EPA’s
mixture of extremely small particles and maintenance, of the NAAQS in any review and rationale for approval of this
liquid droplets in the air. When inhaled, downwind state. The EPA sometimes SIP revision as meeting CAA section
these particles can reach the deepest refers to these requirements as prong 1 110(a)(2)(D)(i)(I) for the 2012 PM2.5
regions of the lungs. Exposure to (significant contribution to NAAQS may be found in the TSD for
particle pollution is linked to a variety nonattainment) and prong 2 this rulemaking action, which is
of significant health problems. Particle (interference with maintenance), or available online at www.regulations.gov,
pollution also is the main cause of jointly as the ‘‘good neighbor’’ provision Docket number EPA–R03–OAR–2018–
visibility impairment in the nation’s of the CAA. Further information can be 0054.
cities and national parks. PM2.5 can be found in the Technical Support EPA used the information in the 2016
emitted directly into the atmosphere, or Document (TSD) for this rulemaking PM2.5 Memorandum and additional
they can form from chemical reactions action, which is available online at information for the evaluation and came
of precursor gases including sulfur www.regulations.gov, Docket number to the same conclusion as Pennsylvania.
dioxide (SO2), nitrogen dioxide (NO2), EPA–R03–OAR–2018–0054. As discussed in greater detail in the
certain volatile organic compounds
II. Summary of SIP Revisions and EPA 1 ‘‘Design value’’ means the ‘‘calculated
(VOC), and ammonia. On January 15,
daltland on DSKBBV9HB2PROD with PROPOSALS
Analysis concentration according to the applicable appendix
2013, EPA revised the level of the health of [40 CFR part 50] for the highest site in an
based (primary) annual PM2.5 standard Pennsylvania’s October 11, 2017 SIP attainment or nonattainment area.’’ 40 CFR 58.1
to 12 micrograms per cubic meter submittal includes a summary of (definitions).
(mg/m3). See 78 FR 3086. statewide annual emissions of PM2.5, 2 ‘‘Information on the Interstate Transport ‘‘Good
coarse particulate matter (PM10), and Neighbor’’ Provision for the 2012 Fine Particulate
B. EPA’s Infrastructure Requirements precursors of PM2.5 including oxides of Matter National Ambient Air Quality Standards
under Clean Air Act Section 110(a)(2)(D)(i)(I),’’
Pursuant to section 110(a)(1) of the nitrogen (NOX), SO2, ammonia, and memorandum from Stephan D. Page, Director, EPA
CAA, states are required to submit a SIP VOCs. Pennsylvania also included Office of Air Quality Planning and Standards.
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TSD, EPA identified the potential 42 U.S.C. 7410(k); 40 CFR 52.02(a). List of Subjects in 40 CFR Part 52
downwind nonattainment and Thus, in reviewing SIP submissions, Environmental protection, Air
maintenance receptors identified in the EPA’s role is to approve state choices, pollution control, Incorporation by
2016 PM2.5 Memorandum, and then provided that they meet the criteria of reference, Particulate matter.
evaluated them to determine if the CAA. Accordingly, this action
Pennsylvania’s emissions could merely approves state law as meeting Authority: 42 U.S.C. 7401 et seq.
potentially contribute to nonattainment federal requirements and does not Dated: June 5, 2018.
and maintenance problems in 2021, the impose additional requirements beyond Cosmo Servidio,
attainment year for moderate PM2.5 those imposed by state law. For that Regional Administrator, Region III.
nonattainment areas for the 2012 PM2.5 reason, this proposed action: [FR Doc. 2018–12706 Filed 6–13–18; 8:45 am]
NAAQS. Specifically, the EPA analysis • Is not a ‘‘significant regulatory
BILLING CODE 6560–50–P
identified the following areas as action’’ subject to review by the Office
potential nonattainment and of Management and Budget under
maintenance receptors: (i) 17 potential Executive Orders 12866 (58 FR 51735, ENVIRONMENTAL PROTECTION
receptors in California; (ii) one potential October 4, 1993) and 13563 (76 FR 3821, AGENCY
receptor in Shoshone County, Idaho; January 21, 2011);
(iii) data gaps exist for the monitors in • Is not an Executive Order 13771 (82 40 CFR Part 52
four counties in Florida; and (iv) data FR 9339, February 2, 2017) regulatory
gaps exist for all monitors in Illinois. action because SIP approvals are [EPA–R03–OAR–2018–0217; EPA–R03–
For the 17 receptors in California and exempted under Executive Order 12866. OAR–2014–0299; EPA–R03–OAR–2016–
one potential receptor in Idaho, based • Does not impose an information 0373; FRL–9979–39—Region 3]
on EPA’s evaluation of distance and collection burden under the provisions
wind direction, EPA proposes to of the Paperwork Reduction Act (44 Approval and Promulgation of Air
conclude that Pennsylvania’s emissions U.S.C. 3501 et seq.); Quality Implementation Plans; West
do not significantly impact those • Is certified as not having a Virginia; Regional Haze Plan and
receptors. For the four counties in significant economic impact on a Visibility Requirements for the 2010
Florida and the monitors in Illinois with substantial number of small entities Sulfur Dioxide and the 2012 Fine
data gaps, EPA initially treats those under the Regulatory Flexibility Act (5 Particulate Matter Standards
receptors as potential nonattainment or U.S.C. 601 et seq.);
maintenance receptors, but it is unlikely • Does not contain any unfunded AGENCY: Environmental Protection
that they will be nonattainment or mandate or significantly or uniquely Agency (EPA).
maintenance receptors in 2021 because affect small governments, as described ACTION: Proposed rule.
the most recent air quality data (from in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4); SUMMARY: The Environmental Protection
2015–2017 for Florida and from 2015–
• Does not have federalism Agency (EPA) is proposing to approve a
2016 for Illinois) indicates that all
implications as specified in Executive state implementation plan (SIP) revision
monitors are likely attaining the PM2.5
NAAQS and are therefore unlikely to be Order 13132 (64 FR 43255, August 10, submitted by the State of West Virginia
nonattainment or maintenance concerns 1999); (West Virginia) to change reliance on
in 2021. Therefore, EPA proposes to • Is not an economically significant the Clean Air Interstate Rule (CAIR) to
conclude that Pennsylvania emissions regulatory action based on health or reliance on the Cross-State Air Pollution
will not contribute to any of those safety risks subject to Executive Order Rule (CSAPR) with the purpose of
receptors. For these reasons, EPA is 13045 (62 FR 19885, April 23, 1997); addressing certain regional haze
proposing to find that Pennsylvania’s • Is not a significant regulatory action requirements and visibility protection
existing SIP provisions as identified in subject to Executive Order 13211 (66 FR requirements for the 2010 sulfur dioxide
the October 11, 2017 SIP submittal are 28355, May 22, 2001); (SO2) national ambient air quality
adequate to prevent its emission sources • Is not subject to requirements of standards (NAAQS). Upon EPA’s final
from significantly contributing to Section 12(d) of the National approval of this SIP revision, EPA is
nonattainment or interfering with Technology Transfer and Advancement proposing to convert the Agency’s June
maintenance in another state with Act of 1995 (15 U.S.C. 272 note) because 7, 2012 limited approval/limited
respect to the 2012 PM2.5 NAAQS. application of those requirements would disapproval of West Virginia’s regional
be inconsistent with the CAA; and haze SIP to a full approval; and EPA is
III. Proposed Action • Does not provide EPA with the proposing to remove the federal
EPA is proposing to approve the discretionary authority to address, as implementation plan (FIP) for West
Pennsylvania SIP revision addressing appropriate, disproportionate human Virginia issued to address deficiencies
the interstate transport requirements for health or environmental effects, using previously identified in the Agency’s
the 2012 PM2.5 NAAQS in CAA section practicable and legally permissible limited approval/limited disapproval of
110(a)(2)(D)(i)(I), which was submitted methods, under Executive Order 12898 the State’s regional haze SIP revision. In
on October 11, 2017. EPA is soliciting (59 FR 7629, February 16, 1994). addition, EPA is proposing to approve
public comments on the issues In addition, this proposed rule, the portions of two previous SIP
discussed in this document. These regarding Pennsylvania’s interstate revisions submitted by West Virginia to
comments will be considered before transport SIP for the 2012 PM2.5 address visibility protection
daltland on DSKBBV9HB2PROD with PROPOSALS
taking final action. NAAQS, does not have tribal requirements for the 2010 SO2 and the
implications as specified by Executive 2012 particulate matter (PM2.5) NAAQS.
IV. Statutory and Executive Order Order 13175 (65 FR 67249, November 9, These proposed actions are supported
Reviews 2000), because the SIP is not approved by EPA’s recent final determination that
Under the CAA, the Administrator is to apply in Indian country located in the a state’s participation in CSAPR
required to approve a SIP submission state, and EPA notes that it will not continues to meet EPA’s regional haze
that complies with the provisions of the impose substantial direct costs on tribal criteria to qualify as an alternative to the
CAA and applicable federal regulations. governments or preempt tribal law. application of best available retrofit
VerDate Sep<11>2014 16:14 Jun 13, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\14JNP1.SGM 14JNP1](https://thefederalregister.org/doc/83_FR_27847/page/3.svg)
Document Created: 2018-06-14 01:39:06
Document Modified: 2018-06-14 01:39:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before July 16, 2018. | |
| Contact | Joseph Schulingkamp, (215) 814-2021, or by email at [email protected] | |
| FR Citation | 83 FR 27732 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter |
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