[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Proposed Rules]
[Pages 46576-46581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15648]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0268; FRL-10011-85-Region 3]
Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone NAAQS Second
Maintenance Plan for the Franklin County Area
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. This revision pertains to the
Commonwealth's plan, submitted by the Pennsylvania Department of
Environmental Protection (DEP), for maintaining the 1997 8-hour ozone
national ambient air quality standard (NAAQS) (referred to as the
``1997 ozone NAAQS'') in the Franklin County, Pennsylvania area
(Franklin County Area). This action is being taken under the Clean Air
Act (CAA).
DATES: Written comments must be received on or before September 2,
2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0268 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://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: David Talley, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2117. Mr. Talley can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: On March 10, 2020, DEP submitted a revision
to the Pennsylvania SIP to incorporate a plan for maintaining the 1997
ozone NAAQS in the Franklin County Area through July 25, 2027, in
accordance with CAA section 175A.
I. Background
In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997
(62 FR 38856),\1\ EPA revised the primary and secondary NAAQS for ozone
to set the acceptable level of ozone in the ambient air at 0.08 ppm,
averaged over an 8-hour period. EPA set the 1997 ozone NAAQS based on
scientific evidence demonstrating that ozone causes adverse health
effects at lower concentrations and over longer periods of time than
was understood when the pre-existing 1-hour ozone NAAQS was set.
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\1\ In March 2008, EPA completed another review of the primary
and secondary ozone standards and tightened them further by lowering
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone standards and tightened them by lowering the
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
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Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 30, 2004 (69 FR 23858), EPA designated
Franklin County as nonattainment for the 1997 ozone NAAQS.
Once a nonattainment area has three years of complete and certified
air quality data that has been determined to attain the NAAQS, and the
area has met
[[Page 46577]]
the other criteria outlined in CAA section 107(d)(3)(E),\2\ the state
can submit a request to EPA to redesignate the area to attainment.
Areas that have been redesignated by EPA from nonattainment to
attainment are referred to as ``maintenance areas.'' One of the
criteria for redesignation is to have an approved maintenance plan
under CAA section 175A. The maintenance plan must demonstrate that the
area will continue to maintain the standard for the period extending 10
years after redesignation, and it must contain such additional measures
as necessary to ensure maintenance as well as contingency measures as
necessary to assure that violations of the standard will be promptly
corrected.
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\2\ The requirements of CAA section 107(d)(3)(E) include
attainment of the NAAQS, full approval under section 110(k) of the
applicable SIP, determination that improvement in air quality is a
result of permanent and enforceable reductions in emissions,
demonstration that the state has met all applicable section 110 and
part D requirements, and a fully approved maintenance plan under CAA
section 175A.
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On July 25, 2007 (72 FR 40746 effective July 25, 2007), EPA
approved a redesignation request (and maintenance plan) from DEP for
the Franklin County Area. In accordance with section 175A(b), at the
end of the eighth year after the effective date of the redesignation,
the state must also submit a second maintenance plan to ensure ongoing
maintenance of the standard for an additional 10 years.
EPA's final implementation rule for the 2008 ozone NAAQS revoked
the 1997 ozone NAAQS and provided that one consequence of revocation
was that areas that had been redesignated to attainment (i.e.,
maintenance areas) for the 1997 ozone NAAQS no longer needed to submit
second 10-year maintenance plans under CAA section 175A(b).\3\ However,
in South Coast Air Quality Management District v. EPA \4\ (South Coast
II), the United States Court of Appeals for the District of Columbia
(D.C. Circuit) vacated EPA's interpretation that, because of the
revocation of the 1997 ozone standard, second maintenance plans were
not required for ``orphan maintenance areas,'' (i.e., areas like
Franklin County) that had been redesignated to attainment for the 1997
ozone NAAQS and were designated attainment for the 2008 ozone NAAQS.
Thus, states with these ``orphan maintenance areas'' under the 1997
ozone NAAQS must submit maintenance plans for the second maintenance
period.
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\3\ See 80 FR 12315 (March 6, 2015).
\4\ 882 F.3d 1138 (D.C. Cir. 2018).
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As previously discussed, CAA section 175A sets forth the criteria
for adequate maintenance plans. In addition, EPA has published
longstanding guidance that provides further insight on the content of
an approvable maintenance plan, explaining that a maintenance plan
should address five elements: (1) An attainment emissions inventory;
(2) a maintenance demonstration; (3) a commitment for continued air
quality monitoring; (4) a process for verification of continued
attainment; and (5) a contingency plan. The 1992 Calcagni Memo \5\
provides that states may generally demonstrate maintenance by either
performing air quality modeling to show that the future mix of sources
and emission rates will not cause a violation of the NAAQS or by
showing that future emissions of a pollutant and its precursors will
not exceed the level of emissions during a year when the area was
attaining the NAAQS (i.e., attainment year inventory). See 1992
Calcagni Memo at p. 9. EPA further clarified in three subsequent
guidance memos describing ``limited maintenance plans'' (LMPs) \6\ that
the requirements of CAA section 175A could be met by demonstrating that
the area's design value \7\ was well below the NAAQS and that the
historical stability of the area's air quality levels showed that the
area was unlikely to violate the NAAQS in the future. Specifically, EPA
believes that if the most recent air quality design value for the area
is at a level that is below 85% of the standard, or in this case below
0.071 ppm, then EPA considers the state to have met the section 175A
requirement for a demonstration that the area will maintain the NAAQS
for the requisite period. Accordingly, on March 10, 2020, DEP submitted
an LMP for the Franklin County Area, following EPA's LMP guidance and
demonstrating that the area will maintain the 1997 ozone NAAQS through
July 25, 2027, i.e., through the entire 20-year maintenance period.
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\5\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (1992 Calcagni Memo).
\6\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air
Quality Planning and Standards (OAQPS), dated November 16, 1994;
``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6,
1995; and ``Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS,
dated August 9, 2001.
\7\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone nonattainment
area is the highest design value of any monitoring site in the area.
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II. Summary of SIP Revision and EPA Analysis
DEP's March 10, 2020 SIP submittal outlines a plan for continued
maintenance of the 1997 ozone NAAQS which addresses the criteria set
forth in the 1992 Calcagni Memo as follows.
A. Attainment Emissions Inventory
For maintenance plans, a state should develop a comprehensive and
accurate inventory of actual emissions for an attainment year which
identifies the level of emissions in the area which is sufficient to
maintain the NAAQS. The inventory should be developed consistent with
EPA's most recent guidance. For ozone, the inventory should be based on
typical summer day's emissions of oxides of nitrogen (NOX)
and volatile organic compounds (VOC), the precursors to ozone
formation. In the first maintenance plan for the Franklin County Area,
DEP used 2004 for the attainment year inventory, because 2004 was one
of the years in the 2003-2005 three-year period when the area first
attained the 1997 ozone NAAQS.\8\ The Franklin County Area continued to
monitor attainment of the 1997 ozone NAAQS in 2014. Therefore, the
emissions inventory from 2014 represents emissions levels conducive to
continued attainment (i.e., maintenance) of the NAAQS. Thus, DEP is
using 2014 as representing attainment level emissions for its second
maintenance plan. Pennsylvania used 2014 summer day emissions from
EPA's 2014 version 7.0 modeling platform as the basis for the 2014
inventory presented in Table 1.\9\
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\8\ For more information, see EPA's May 30, 2007 document
proposing to redesignate the Franklin County Area to attainment for
the 1997 ozone NAAQS (72 FR 29914).
\9\ For more information, visit https://www.epa.gov/sites/production/files/2018-11/ozone_1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx.
Table 1--2014 Typical Summer Day NOX and VOC Emissions for the Franklin
County Area
[Tons/day]
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NOX VOC
Source category emissions emissions
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Point........................................... 0.70 0.76
Nonpoint........................................ 1.86 6.24
Onroad.......................................... 10.45 4.21
Nonroad......................................... 1.58 1.53
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Total......................................... 14.59 12.74
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The data shown in Table 1 is based on the 2014 National Emissions
Inventory (NEI) version 2.\10\ The inventory
[[Page 46578]]
addresses four anthropogenic emission source categories: Stationary
(point) sources, stationary nonpoint (area) sources, nonroad mobile,
and onroad mobile sources. Point sources are stationary sources that
have the potential to emit (PTE) more than 100 tons per year (tpy) of
VOC, or more than 50 tpy of NOX, and which are required to
obtain an operating permit. Data are collected for each source at a
facility and reported to DEP. Examples of point sources include kraft
mills, electrical generating units (EGUs), and pharmaceutical
factories. Nonpoint sources include emissions from equipment,
operations, and activities that are numerous and in total have
significant emissions. Examples include emissions from commercial and
consumer products, portable fuel containers, home heating, repair and
refinishing operations, and crematories. The onroad emissions sector
includes emissions from engines used primarily to propel equipment on
highways and other roads, including passenger vehicles, motorcycles,
and heavy-duty diesel trucks. The nonroad emissions sector includes
emissions from engines that are not primarily used to propel
transportation equipment, such as generators, forklifts, and marine
pleasure craft. EPA reviewed the emissions inventory submitted by DEP
and proposes to conclude that the plan's inventory is acceptable for
the purposes of a subsequent maintenance plan under CAA section
175A(b).
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\10\ The NEI is a comprehensive and detailed estimate of air
emissions of criteria pollutants, criteria precursors, and hazardous
air pollutants from air emissions sources. The NEI is released every
three years based primarily upon data provided by State, Local, and
Tribal air agencies for sources in their jurisdictions and
supplemented by data developed by EPA.
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B. Maintenance Demonstration
In order to attain the 1997 ozone NAAQS, the three-year average of
the fourth-highest daily average ozone concentrations (design value, or
``DV'') at each monitor within an area must not exceed 0.08 ppm. Based
on the rounding convention described in 40 CFR part 50, appendix I, the
standard is attained if the DV is 0.084 ppm or below. CAA section 175A
requires a demonstration that the area will continue to maintain the
NAAQS throughout the duration of the requisite maintenance period.
Consistent with the prior guidance documents discussed previously in
this document as well as EPA's November 20, 2018 ``Resource Document
for 1997 Ozone NAAQS Areas: Supporting Information for States
Developing Maintenance Plans'' (2018 Resource Document),\11\ EPA
believes that if the most recent DV for the area is well below the
NAAQS (e.g., below 85%, or in this case below 0.071 ppm), the section
175A demonstration requirement has been met, provided that Prevention
of Significant Deterioration (PSD) requirements, any control measures
already in the SIP, and any Federal measures remain in place through
the end of the second 10-year maintenance period (absent a showing
consistent with section 110(l) that such measures are not necessary to
assure maintenance).
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\11\ This resource document is included in the docket for this
rulemaking available online at https://www.regulations.gov, Docket
ID: EPA-R03-OAR-2020-0268 and is also available at https://www.epa.gov/sites/production/files/2018-11/documents/ozone_1997_naaqs_lmp_resource_document_nov_20_2018.pdf.
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For the purposes of demonstrating continued maintenance with the
1997 ozone NAAQS, DEP provided 3-year DVs for the Franklin County Area
from 2007 to 2018. This includes DVs for 2005-2007, 2006-2008, 2007-
2009, 2008-2010, 2009-2011, 2010-2012, 2011-2013, 2012-2014, 2013-2015,
2014-2016, 2015-2017, and 2016-2018, which are shown in Table 2.\12\ In
addition, EPA has reviewed the most recent ambient air quality
monitoring data for ozone in the Franklin County Area, as submitted by
Pennsylvania and recorded in EPA's Air Quality System (AQS). The most
recent DV (i.e., 2017-2019) is also shown in Table 2.\13\ There is one
ambient air quality monitor located in the Franklin County Area (AQS
Site ID 42-055-0001).
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\12\ See also Table II-2 of DEP's March 10, 2020 submittal,
included in the docket for this rulemaking available online at
https://www.regulations.gov, Docket ID: EPA-R03-OAR-2020-0268.
\13\ This data is also included in the docket for this
rulemaking available online at http://www.regulations.gov, Docket
ID: EPA-R03-OAR-2020-0268 and is also available at https://www.epa.gov/air-trends/air-quality-design-values#report.
Table 2--1997 Ozone NAAQS Design Values (ppm) for the Franklin County Area
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2016- 2017-
2005- 2007 2006- 2008 2007- 2009 2008- 2010 2009- 2011 2010- 2012 2011- 2013 2012- 2014 2013- 2015 2014- 2016 2015- 2017 2018 2019
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0.072 0.072 0.069 0.067 0.065 0.068 0.068 0.067 0.064 0.060 0.059 0.059 0.059
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As can be seen in Table 2, DVs in the Franklin County Area have
been well below 85% of the 1997 ozone NAAQS (i.e., 0.071 ppm) since the
2007-2009 design value. The most recent DV (i.e., 2017-2019) in the
Franklin County Area is 0.059 ppm, which is well below 85% of the 1997
ozone NAAQS.
Additionally, states can support the demonstration of continued
maintenance by showing stable or improving air quality trends.
According to EPA's 2018 Resource Document, several kinds of analyses
can be performed by states wishing to make such a showing. One approach
is to take the most recent DV for the area and add the maximum design
value increase (over one or more consecutive years) that has been
observed in the area over the past several years. A sum that does not
exceed the level of the 1997 ozone NAAQS may be a good indicator of
expected continued attainment. As shown in Table 2, the largest
increases in DVs from 2007 to 2019 was 0.003 ppm, which occurred
between the 2009-2011 (0.065 ppm) and 2010-2012 (0.068 ppm) DVs. Adding
0.003 ppm to the most recent DV of 0.059 ppm results in 0.062 ppm, a
sum that is still below the 1997 ozone NAAQS.
The Franklin County Area has maintained air quality levels well
below the 1997 ozone NAAQS since the Area first attained the NAAQS in
2005.\14\ Additional supporting information that the area is expected
to continue to maintain the standard can be found in projections of
future year DVs that EPA recently completed to assist states with the
development of interstate transport SIPs for the 2015 8-hour ozone
NAAQS. Those projections, made for the year 2023, show that the DV for
the Franklin County Area is expected to be 53.2 parts per billion
(ppb).\15\ Therefore, EPA proposes to determine that future
[[Page 46579]]
violations of the 1997 ozone NAAQS in the Franklin County Area are
unlikely.
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\14\ As explained in EPA's May 30, 2007 document proposing to
redesignate the Franklin County Area as attainment for the 1997
ozone NAAQS (72 FR 29914), the 2003-2005 DV for the Franklin County
Area was 0.075 ppm.
\15\ See U.S. EPA, ``Air Quality Modeling Technical Support
Document for the Updated 2023 Projected Ozone Design Values'',
Office of Air Quality Planning and Standards, dated June 2018,
available at https://www.epa.gov/airmarkets/air-quality-modeling-technical-support-document-updated-2023-projected-ozone-design.
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C. Continued Air Quality Monitoring and Verification of Continued
Attainment
Once an area has been redesignated to attainment, the state remains
obligated to maintain an air quality network in accordance with 40 CFR
part 58, in order to verify the area's attainment status. In the March
10, 2020 submittal, DEP commits to continue to operate their air
monitoring network in accordance with 40 CFR part 58. DEP also commits
to track the attainment status of the Franklin County Area for the 1997
ozone NAAQS through the review of air quality and emissions data during
the second maintenance period. This includes an annual evaluation of
vehicles miles traveled (VMT) and stationary source emissions data
compared to the assumptions included in the LMP. DEP also states that
it will evaluate the periodic (i.e., every three years) emission
inventories prepared under EPA's Air Emission Reporting Requirements
(40 CFR part 51, subpart A). Based on these evaluations, DEP will
consider whether any further emission control measures should be
implemented for the Franklin County Area. EPA has analyzed the
commitments in DEP's submittal and is proposing to determine that they
meet the requirements for continued air quality monitoring and
verification of continued attainment.
D. Contingency Plan
The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must require that the state will implement all
pollution control measures that were contained in the SIP before
redesignation of the area to attainment. See section 175(A)(d) of the
CAA.
DEP's March 10, 2020 submittal includes a contingency plan for the
Franklin County Area. In the event that the fourth highest eight-hour
ozone concentrations at a monitor in the Franklin County Area exceeds
84 ppb for two consecutive years, but prior to an actual violation of
the NAAQS, DEP will evaluate whether additional local emission control
measures should be implemented that may prevent a violation of the
NAAQS.\16\ After analyzing the conditions causing the excessive ozone
levels, evaluating the effectiveness of potential corrective measures,
and considering the potential effects of federal, state, and local
measures that have been adopted but not yet implemented, DEP will begin
the process of implementing selected measures so that they can be
implemented as expeditiously as practicable following a violation of
the NAAQS. In the event of a violation, DEP commits to adopting
additional emission reduction measures as expeditiously as practicable
in accordance with the schedule included in the contingency plan as
well as the CAA and applicable Pennsylvania statutory requirements.
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\16\ A violation of the NAAQS occurs when an area's 3-year
design value exceeds the NAAQS.
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DEP will use the following criteria when considering additional
emission reduction measures to adopt to address a violation of the 1997
ozone NAAQS in the Franklin County Area: (1) Air quality analysis
indicating the nature of the violation, including the cause, location,
and source; (2) emission reduction potential, including extent to which
emission generating sources occur in the nonattainment area; (3)
timeliness of implementation in terms of the potential to return the
area to attainment as expeditiously as practicable; and (4) costs,
equity, and cost-effectiveness. The measures DEP would consider
pursuing for adoption in the Franklin County Area include, but are not
limited to, those summarized in Table 3. If additional emission
reductions are necessary, DEP commits to adopt additional emission
reduction measures to attain and maintain the 1997 ozone NAAQS.
Table 3--Franklin County Area Second Maintenance Plan Contingency
Measures
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Non-Regulatory Measures:
Voluntary diesel engine ``chip reflash'' (installation software to
correct the defeat device option on certain heavy-duty diesel
engines).
Diesel retrofit (including replacement, repowering or alternative
fuel use) for public or private local onroad or offroad fleets.
Idling reduction technology for Class 2 yard locomotives.
Idling reduction technologies or strategies for truck stops,
warehouses, and other freight-handling facilities.
Accelerated turnover of lawn and garden equipment, especially
commercial equipment, including promotion of electric equipment.
Additional promotion of alternative fuel (e.g., biodiesel) for home
heating and agricultural use.
Regulatory Measures: \17\
Additional control on consumer products.\18\
Additional controls on portable fuel containers.\19\
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The contingency plan includes schedules for the adoption and
implementation of both non-regulatory and regulatory contingency
measures, which are summarized in Tables 4 and 5, respectively.
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\17\ These regulatory measures were considered potential cost-
effective and timely control strategies by the Ozone Transport
Commission (OTC) as well as the Mid-Atlantic Regional Air Management
Association and the Mid-Atlantic/Northeast Visibility Union. The OTC
is a multi-state organization responsible for developing regional
solutions to ground-level ozone pollution in the Northeast and Mid-
Atlantic, including the development of model rules that member
states may adopt. OTC member states include: Connecticut, Delaware,
the District of Columbia, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,
Vermont, and Virginia. For more information on the OTC, visit
https://otcair.org/index.asp. To view the model rules developed by
the OTC, including those for consumer products and portable fuel
containers, visit https://otcair.org/document.asp?fview=modelrules.
\18\ Pennsylvania's existing controls on consumer products are
under 25 Pa. Code Chapter 130, Subchapters B and C (38 Pa.B. 5598).
This contingency measure includes the adoption of additional
controls on consumer products such as VOC limits for adhesive
removers.
\19\ Existing controls on portable fuel containers can be found
under 40 CFR 59 subpart F--Control of Evaporative Emissions From New
and In-Use Portable Fuel Containers.
[[Page 46580]]
Table 4--Implementation Schedule for Franklin County Area Non-Regulatory
Contingency Measures
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Time after triggering event Action
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Within 2 months............... DEP will identify stakeholders for
potential non-regulatory measures for
further development.
Within 3 months............... If funding is necessary, DEP will
identify potential sources of funding
and the timeframe for when funds would
be available.
Within 9 months............... If state loans or grants are required,
DEP will enter into agreements with
implementing organizations. DEP will
also quantify projected emission
benefits.
Within 12 months.............. DEP will submit revised SIP to EPA.
Within 12-24 months........... DEP will implement strategies and
projects.
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Table 5--Implementation Schedule for Franklin County Area Regulatory
Contingency Measures
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Time after triggering event Action
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Within 1 month................ DEP will submit request to begin
regulatory development process.
Within 3 months............... Request will be reviewed by the Air
Quality Technical Advisory Committee
(AQTAC), Citizens Advisory Council, and
other advisory committees as
appropriate.
Within 6 months............... Environmental Quality Board (EQB)
meeting/action.
Within 8 months............... DEP will publish regulatory measure in
the Pennsylvania Bulletin for comment
as proposed rulemaking.
Within 10 months.............. DEP will hold a public hearing and
comment period on proposed rulemaking.
Within 11 months.............. House and Senate Standing Committee and
Independent Regulatory Review
Commission (IRCC) comment on proposed
rule.
Within 13 months.............. AQTAC, Citizens Advisory Council, and
other committees will review responses
to comment(s), if applicable, and the
draft final rulemaking.
Within 16 months.............. EQB meeting/action.
Within 17 months.............. The IRCC will take action on final
rulemaking.
Within 18 months.............. Attorney General's review/action.
Within 19 months.............. DEP will publish the regulatory measure
as a final rulemaking in the
Pennsylvania Bulletin and submit to EPA
as a SIP revision. The regulation will
become effective upon publication in
the Pennsylvania Bulletin.
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EPA proposes to find that the contingency plan included in DEP's
March 10, 2020 submittal satisfies the pertinent requirements of CAA
section 175A(d). EPA notes that while six of the potential contingency
measures included in the Commonwealth's second maintenance plan are
non-regulatory, their inclusion among other measures is overall SIP-
strengthening, and their inclusion does not alter EPA's proposal to
find the LMP is fully approvable. EPA also finds that the submittal
acknowledges Pennsylvania's continuing requirement to implement all
pollution control measures that were contained in the SIP before
redesignation of the Franklin County Area to attainment.
E. Transportation Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's
conformity rule at 40 CFR part 93 requires that transportation plans,
programs and projects conform to SIPs and establish the criteria and
procedures for determining whether or not they conform. The conformity
rule generally requires a demonstration that emissions from the
Regional Transportation Plan (RTP) and Transportation Improvement
Program (TIP) are consistent with the motor vehicle emissions budget
(MVEB) contained in the control strategy SIP revision or maintenance
plan (40 CFR 93.101, 93.118, and 93.124). A MVEB is defined as ``that
portion of the total allowable emissions defined in the submitted or
approved control strategy implementation plan revision or maintenance
plan for a certain date for the purpose of meeting reasonable further
progress milestones or demonstrating attainment or maintenance of the
NAAQS, for any criteria pollutant or its precursors, allocated to
highway and transit vehicle use and emissions (40 CFR 93.101).''
Under the conformity rule, LMP areas may demonstrate conformity
without a regional emission analysis (40 CFR 93.109(e)). However,
because LMP areas are still maintenance areas, certain aspects of
transportation conformity determinations still will be required for
transportation plans, programs, and projects. Specifically, for such
determination, RTPs, TIPs, and transportation projects still will have
to demonstrate that they are fiscally constrained (40 CFR 93.108), meet
the criteria for consultation (40 CFR 93.105 and 40 CFR 93.112) and
transportation control measure implementation in the conformity rule
provisions (40 CFR 93.113). Additionally, conformity determinations for
RTPs and TIPs must be determined no less frequently than every four
years, and conformity of plan and TIP amendments and transportation
projects is demonstrated in accordance with the timing requirements
specified in 40 CFR 93.104. In addition, for projects to be approved,
they must come from a currently conforming RTP and TIP (40 CFR 93.114
and 93.115). The Franklin County Area remains under the obligation to
meet the applicable conformity requirements for the 1997 ozone NAAQS.
III. Proposed Action
EPA's review of DEP's March 10, 2020 submittal indicates that it
meets all applicable CAA requirements, specifically the requirements of
CAA section 175A. EPA is proposing to approve the second maintenance
plan for the Franklin County Area as a revision to 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. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission
[[Page 46581]]
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 rulemaking, proposing approval of
Pennsylvania's second maintenance plan for the Franklin County Area,
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, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 10, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-15648 Filed 7-31-20; 8:45 am]
BILLING CODE 6560-50-P