[Federal Register Volume 85, Number 44 (Thursday, March 5, 2020)]
[Proposed Rules]
[Pages 12882-12885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04456]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0469; FRL-10005-95-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Regulatory Updates to Allegheny County Nonattainment New
Source Review (NNSR) Permitting Requirements for 2012 PM2.5 National
Ambient Air Quality Standard (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania, on behalf of the Allegheny County Health
Department (ACHD), on May 23, 2019. This revision pertains to ACHD's
amendments of the ACHD Rules and Regulations, Article XXI (Air
Pollution Control) to implement Federal nonattainment new source review
(NNSR) provisions for the 2012 annual fine particulate matter
(PM2.5) 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 6, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0469 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Amy Johansen, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is (215) 814-2156. Ms. Johansen can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On May 23, 2019, the Commonwealth of
Pennsylvania formally submitted, on behalf of ACHD, a SIP revision to
the Pennsylvania SIP. This SIP revision amends ACHD Rules and
Regulations, Article XXI (Air Pollution Control), sections 2102.06
(Major Sources Locating in or Impacting a Nonattainment Area), and
2101.20 (Definitions), herein referred to as Revision 90A. This
proposed SIP revision establishes that emissions of volatile organic
compounds (VOC) and ammonia are precursors to PM2.5 for new
and modified major sources emitting PM2.5 in Allegheny
County, Pennsylvania; establishes a significant impact level for
PM2.5; proposes emission offset ratios for emissions of VOC
and ammonia as PM2.5 precursors; and amends relevant
definitions. Revision 90A was adopted by ACHD and became effective
March 3, 2019.\1\
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\1\ On April 22, 2019, ACHD submitted a ``revised'' requested
revision to the Pennsylvania Department of Environment Protection
(PADEP). This revised submittal was necessary due to its initial
submittal to EPA, on March 6, 2019, having a typographical error.
The offset ratio for VOC in Article XXI, section 2102.06.3.B.4 was
printed as ``1.1'' when, instead, it should have been printed as
``1:1.'' ACHD corrected the typographical error and published a new
Notice of Amendment in the local newspaper describing the error,
prior to formally resubmitting it to PADEP on April 22, 2019 and to
EPA on May 23, 2019.
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[[Page 12883]]
For more information related to EPA's proposed approval of SIP
Revision 90A, please refer to EPA's Technical Support Document (TSD),
located in Docket ID No. EPA-R03-OAR-2019-0469 at https://www.regulations.gov.
I. Background
A. 2012 PM2.5 NAAQS
Airborne particulate matter with a nominal aerodynamic diameter of
2.5 micrometers or less are considered to be ``fine particles,'' and
are also known as PM2.5. Fine particles in the atmosphere
are made up of a complex mixture of components, including sulfate,
nitrate, ammonium, elemental carbon, organic compounds, and inorganic
material. There are substantial health effects associated with exposure
to PM2.5 emissions. Epidemiological studies have shown a
significant correlation between elevated PM2.5 levels and
premature mortality. Other important health effects associated with
PM2.5 exposure include aggravation of respiratory and
cardiovascular disease, lung disease, decreased lung function, asthma
attacks, and certain cardiovascular problems. Individuals particularly
sensitive to PM2.5 exposure include older adults, people
with heart and lung disease, and children.
EPA has revised the NAAQS for PM2.5 on multiple
occasions, most recently in 2012. On December 14, 2012, the annual
primary standard for PM2.5 was lowered from 15 micrograms
per meter cubed ([mu]g/m\3\) to 12 [mu]g/m\3\. See 78 FR 3087 (January
15, 2013). The existing 24-hour standards (primary and secondary) were
retained at 35 [mu]g/m\3\, as was the annual secondary standard of 15
[mu]g/m\3\. Upon promulgation of the 2012 PM2.5 NAAQS, EPA
formally classified all of Allegheny County, Pennsylvania as moderate
nonattainment for the 2012 annual PM2.5 standard. See 80 FR
2206 (January 15, 2015).
B. Purpose of SIP Revision 90A
For areas designated as nonattainment for one or more NAAQS, the
SIP must include preconstruction permit requirements for new or
modified major stationary sources of such nonattainment pollutant(s),
commonly referred to as ``Nonattainment New Source Review.'' See CAA
section 172(c)(5).
ACHD's Revision 90A revises NNSR permit requirements for major
sources of PM2.5. Specifically, ACHD's Article XXI has been
amended to implement additional provisions pertaining to
PM2.5 precursors, as promulgated in EPA's rule entitled Fine
Particulate Matter National Ambient Air Quality Standards: State
Implementation Plan Requirements (2016 Implementation Rule). See 81 FR
58010 (August 24, 2016).
As required by EPA's 2016 Implementation Rule, which implements the
D.C. Circuit court's January 2013 decision in NRDC v. EPA,\2\ areas
classified as nonattainment for any PM2.5 NAAQS are required
to comply with the parts of CAA subpart 4 section 189(e) \3\ that
require the control of major sources of PM10 precursors (and
hence under the court decision, PM2.5 precursors) ``except
where the Administrator determines that such sources do not contribute
significantly to PM10 levels which exceed the standard in
the area.'' The 2016 Implementation Rule amended the definitions of (1)
regulated NSR pollutant with regard to PM2.5 precursors; (2)
major stationary source with regard to major sources locating in
PM2.5 nonattainment areas classified as moderate and
serious; and (3) significant with regard to emissions of
PM2.5 precursors.
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\2\ 706 F.3d 428 (D.C. Cir. 2013).
\3\ This requirement was codified in 40 CFR 51.165(a)(13). See
81 FR 58010 (August 24, 2016).
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C. EPA's Findings of Failure To Submit
On April 6, 2018, EPA issued its final Findings of Failure to
Submit (Findings) to three states, which included Allegheny County,
Pennsylvania. See 83 FR 14759. In its Findings, EPA found that
Allegheny County failed to submit a timely revision to their SIP as
required to satisfy CAA requirements for implementation of the 2012
PM2.5 NAAQS. EPA's Findings apply to states with overdue SIP
revisions for areas initially designated as nonattainment and
classified as moderate for the 2012 PM2.5 NAAQS on April 15,
2015.
Specific to this rulemaking action is ACHD's failure to submit
revisions to its NNSR requirements. ACHD was required to submit its
NNSR SIP revision to EPA for approval by October 15, 2016. See 83 FR
14759 (April 6, 2018). ACHD did not meet this deadline, hence EPA's
issuance of its April 6, 2018 Findings, which became effective as of
May 7, 2018. As a result of EPA's Findings, ACHD was given 18 months
after the effective date of EPA's Findings to submit all applicable
moderate area requirements or the imposition of sanctions would occur
for the affected moderate nonattainment area, the Allegheny County,
Pennsylvania nonattainment area.\4\
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\4\ EPA's April 6, 2018 Findings became effective on May 7,
2018, therefore, the 18-month sanctions clock for ACHD to submit its
NNSR SIP revision ended on November 7, 2019.
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ACHD's Article XXI, section 2102.06 incorporates by reference the
NNSR requirements of 25 Pa. Code Chapter 127, subchapter E. However,
because Pennsylvania's regulations (25 Pa. Code Chapter 127, subchapter
E) do not contain the necessary 2012 PM2.5 NAAQS precursor
specific provisions, ACHD cannot simply rely on them via incorporation
by reference. Therefore, proposed SIP Revision 90A updates ACHD's
regulations to include the required PM2.5 NNSR provisions in
response to EPA's 2016 Implementation Rule requirements. See 81 FR
58010 (August 24, 2016) and 40 CFR 51.165.
With this proposed rulemaking action, ACHD has met its obligation
under EPA's April 6, 2018 Findings to submit a NNSR SIP revision prior
to November 7, 2019. See 83 FR 14759. On July 24, 2019, via letter, EPA
deemed ACHD's May 23, 2019 SIP submittal administratively and
technically complete, in accordance with the requirements of 40 CFR
part 51, Appendix V, which in turn stopped the sanctions clock.\5\
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\5\ A copy of the completeness letter can be found in the Docket
for this rulemaking action. Please see Docket ID No. EPA-R03-OAR-
2019-0469 at https://www.regulations.gov.
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II. Summary of SIP Revision and EPA Analysis
A. Summary of SIP Revision
ACHD's Board of Health adopted changes to sections 2102.06 and
2101.20 of Article XXI on January 9, 2019, which subsequently became
effective on March 3, 2019. PADEP submitted SIP Revision 90A to EPA for
inclusion in the Allegheny County portion of the Pennsylvania SIP on
May 23, 2019, via the EPA State Planning electronic Collaboration
System (SPeCS).
PADEP is the Governor's designee for submitting official revisions
of the Allegheny County portion of the Pennsylvania SIP to EPA, and
ACHD is the local agency responsible for regulating and permitting the
construction and modification of stationary sources within Allegheny
County, Pennsylvania. Article XXI contains Allegheny County's NNSR
permit program applicable to new and modified major sources emitting
PM2.5 and PM2.5 precursors.
The Allegheny County portion of the Pennsylvania SIP currently
contains a version of Article XXI (Air Pollution
[[Page 12884]]
Control) that was approved into the SIP on March 30, 2015. See 80 FR
16570.
For areas designated as nonattainment for one or more NAAQS, the
SIP must include preconstruction permit requirements for new or
modified major stationary sources of such nonattainment pollutant(s),
commonly referred to as NNSR. CAA 172(c)(5). Article XXI addresses NNSR
permit requirements for major sources of PM2.5. ACHD's
Revision 90A has been amended to implement additional provisions
pertaining to precursors, as promulgated in EPA's final 2016
Implementation Rule.\6\
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\6\ See 81 FR 58010 (August 24, 2016).
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B. EPA's Analysis
Under EPA's 2016 Implementation Rule, which implements the D.C.
Circuit court's January 2013 decision in NRDC v. EPA,\7\ areas
classified as nonattainment for any PM2.5 NAAQS are required
to comply with the parts of CAA subpart 4 section 189(e) \8\ that
require the control of major stationary sources of PM10
precursors (and hence under the court decision, PM2.5
precursors) ``except where the Administrator determines that such
sources do not contribute significantly to PM10 levels which
exceed the standard in the area.'' As mentioned previously, the 2016
Implementation Rule amended the definitions of (1) regulated NSR
pollutant with regard to PM2.5 precursors; (2) major
stationary source with regard to major sources locating in
PM2.5 nonattainment areas classified as moderate and
serious; and (3) significant with regard to emissions of
PM2.5 precursors. Article XXI is subject to these new
regulatory requirements. Allegheny County is classified as a moderate
nonattainment area for the 2012 PM2.5 NAAQS.\9\ The major
source permitting threshold for a moderate PM2.5
nonattainment area is 100 tons per year (tpy) of direct
PM2.5 or any PM2.5 precursor, and 70 tpy for a
serious PM2.5 nonattainment area.\10\
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\7\ 706 F.3d 428 (D.C. Cir. 2013).
\8\ This requirement was codified in 40 CFR 51.165(a)(13). See
81 FR 58010 (August 24, 2016).
\9\ On January 15, 2015, EPA designated all of Allegheny County
as moderate nonattainment for the 2012 annual PM2.5
standard. See 80 FR 2206.
\10\ While Allegheny County has never been classified as a
serious nonattainment area for any PM2.5 NAAQS, ACHD has
revised Article XXI to include the lower emissions threshold of 70
tpy for direct PM2.5 and all four PM2.5
precursors.
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EPA evaluated the revised portions of Article XXI to determine if
the revisions meet current applicable requirements for a
PM2.5 NNSR permit program. Section 2102.06--(1) contains
revisions to clarify that Article XXI applies to major polluting
facilities that will emit PM2.5 or its precursors in areas
designated as nonattainment for PM2.5; (2) the definition of
``major facility'' has been updated to include a 70 tpy emissions
threshold for PM2.5 and all precursors to PM2.5;
(3) the definition of ``regulated NSR pollutant'' has been updated to
include SO2, VOC, and ammonia in all PM2.5
nonattainment areas; (4) revisions were made to the definition of
``significant'' to include emission rates for PM2.5 at 10
tpy and emission rates for PM2.5 precursors as follows: 40
tpy of SO2, 40 tpy of VOC, 40 tpy of ammonia, and 40 tpy of
NOX; and (5) revisions were made to clarify that under
Article XXI, ``significance level(s) shall mean ``significant air
quality impact'' as defined under Article XXI. EPA finds these
revisions approvable. Section 2102.06(b)(3)--Emission Offsets,
establishes offset ratios for VOC and ammonia at a ratio of 1:1 for
flue emissions and fugitive emissions in Allegheny County. EPA finds
the addition of offset ratios to be approvable, as they match what is
already in Article XXI for PM2.5 and NOX and
SO2. Section 2101.20--Definitions, was amended to add
``significant air quality impact'' levels for PM2.5 at 0.2
[micro]g/m\3\ for the annual averaging time and 1.2 [micro]g/m\3\ for
the 24 hour averaging time. ACHD's annual averaging time is more
stringent than what EPA requires in 40 CFR 51.165(b)(2), therefore, EPA
finds this more stringent requirement approvable.
III. Proposed Action
EPA's review of this material indicates that ACHD's May 23, 2019
SIP submittal is approvable and meets the requirements of 40 CFR 51.165
and are in accordance with CAA section 110. EPA is proposing to approve
the May 23, 2019 submittal, which included revisions to ACHD Rules and
Regulations, Article XXI (Air Pollution Control), sections 2102.06
(Major Sources Locating in or Impacting a Nonattainment Area), and
2101.20 (Definitions), as a revision to the Allegheny County portion of
the Pennsylvania SIP. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the ACHD Rules and Regulations, Article XXI (Air Pollution
Control), sections 2102.06 (Major Sources Locating in or Impacting a
Nonattainment Area), and 2101.20 (Definitions) discussed in Section II
of this preamble.
EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region III
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) 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
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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, pertaining to NNSR requirements
under the 2012 PM2.5 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, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: February 21, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-04456 Filed 3-4-20; 8:45 am]
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