[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Rules and Regulations]
[Pages 54-57]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30870]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0854; FRL-9904-50-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of the 2002 Base Year Emissions Inventory for
the Liberty-Clairton Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: As a revision to the Pennsylvania State Implementation Plan
(SIP), Environmental Protection Agency (EPA) is approving the 2002 base
year emissions inventory for the Liberty- Clairton nonattainment area
for the 1997 annual fine particulate matter (PM2.5) National
Ambient Air Quality Standard (NAAQS or standard) (hereafter ``the
Liberty-Clairton Area'' or ``the Area''). EPA is also approving
revisions to the Allegheny County Health Department (ACHD) regulations,
which were submitted by Pennsylvania Department of Environmental
Protection (PADEP). These regulatory revisions included the following
amendments to ACHD regulations, which became effective on May 24, 2010:
The addition of the levels of the 1997 annual PM2.5 standard
and the 2006 24-hour PM2.5 standard, and the related
references to the list of standards and the addition of the definition
of ``PM2.5''. These actions are being taken under the Clean
Air Act (CAA).
DATES: Effective Date: This final rule is effective on February 3,
2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0854. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Allegheny County Health Department,
Bureau of Environmental Quality, Division of Air Quality, 301 39th
Street, Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Summary of State Submittal
III. Effects of Recent Court Decisions
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
The formal SIP revision submittal, prepared by ACHD, was submitted
by PADEP on June 17, 2011. The SIP revision included the 1997 annual
PM2.5 NAAQS attainment plan for the Liberty-Clairton Area, a
2002 base year emissions inventory for purposes of meeting the
requirement of section 172(c)(3) of the CAA, the transportation
conformity motor vehicle emissions budgets (MVEBs), and certain
revisions to ACHD regulations. This SIP revision is described in
further detail in section II of this rulemaking action.
On November 7, 2011 (76 FR 68699), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth in Pennsylvania. In the
NPR, EPA proposed conditional approval of the 1997 annual
PM2.5 NAAQS attainment plan for the Liberty-Clairton Area
(the ``attainment plan''). EPA proposed conditional approval because
the attainment plan included air quality modeling that relied on
emissions reductions from the Clean Air Interstate Rule (CAIR), which
was problematic because at the time CAIR was no longer in place. EPA
had promulgated the Cross State Air Pollution Rule (CSAPR) on August 8,
2011 (76 FR 48208) to replace CAIR. As part of this NPR, EPA also
proposed to approve the amendments to ACHD regulations included in the
June 17, 2011 SIP revision, which added the definition of
PM2.5 and the level of the 1997 annual and 2006 24-hour
PM2.5 NAAQS. No public comments were received on this NPR.
On October 25, 2013 (78 FR 63881), EPA determined that the Liberty-
Clairton Area had attained the 1997 annual PM2.5 NAAQS,
based on quality-assured and certified ambient air quality data for the
2009-2011 and 2010-2012 monitoring periods. This ``clean data
determination'' suspended the requirement for the Liberty-Clairton Area
to submit an attainment demonstration, reasonably available control
measures (RACM), reasonable further progress (RFP), and contingency
measures related to attainment of the 1997 annual PM2.5
NAAQS, for so long as the Area continues to attain the 1997 annual
PM2.5 NAAQS.
On November 18, 2013, PADEP submitted a letter requesting to
[[Page 55]]
withdraw the sections of the June 17, 2011 SIP revision pertaining to
the suspended planning requirements for the Liberty-Clairton Area as a
result of EPA's determination of attainment for the Area. Specifically,
PADEP requested to withdraw all portions of the June 17, 2011 SIP
revision, except for the portions pertaining to the 2002 base year
emissions inventory and the revisions to the ACHD regulations, which
are discussed in section 2 (Regulatory Changes), section 6 (Emissions
Inventory), and appendix F (Stationary Point, Area, Nonroad, and Mobile
Emissions Inventories) of the SIP submittal. As a result of PADEP's
November 18, 2013 letter, EPA has no statutory obligation to take
further action on the portions of the June 17, 2011 SIP revision that
have been withdrawn. Therefore, in this rulemaking action, EPA is only
approving of the June 17, 2011 submittal, the 2002 base year emissions
inventory and the submitted revisions to ACHD regulations.
II. Summary of State Submittal
As discussed in this rulemaking action, the 2002 base year
emissions inventory was submitted by PADEP as part of the June 17, 2011
SIP revision. The base year emissions inventory includes emissions
estimates that cover the general source categories of point sources,
non-road mobile sources, area sources, on-road mobile sources, and
biogenic sources. The pollutants that comprise the inventory are
nitrogen oxides (NOX), volatile organic compounds (VOC),
PM2.5, coarse particles (PM10), ammonia, and
sulfur dioxide (SO2). In accordance with 40 CFR 51.1008(b),
PADEP selected 2002 as the base year for the emissions inventory. EPA
has reviewed the results, procedures and methodologies for the 2002
base year emissions inventory submitted by PADEP and finds them
approvable. Further analysis of the emissions inventory development can
be found in the June 17, 2011 SIP submittal and in EPA's October 5,
2011 technical support document (TSD) included as part of the docket
for this rulemaking action. See Docket ID Number EPA-R03-2011-0854.
The SIP submittal also included the following amendments to ACHD
regulations, which became effective on May 24, 2010: (1) The addition
of the 1997 annual PM2.5 standard level of 15 [micro]g/m\3\,
the 2006 24-hour PM2.5 standard level of 35 [micro]g/m\3\,
and the related references to the list of standards in ACHD article XXI
section 2101.10 and (2) the addition of the definition of
``PM2.5'' to ACHD article XXI section 2101.20. These
regulatory amendments are described in sections 2 and 6 and appendix F
of the June 17, 2011 SIP submittal. EPA's rationale for approving the
described SIP revisions was provided in the NPR and will not be
restated here.
III. Effects of Recent Court Decisions
On January 4, 2013, in Natural Resources Defense Council v. EPA,
the D.C. Circuit remanded to EPA both the ``Final Clean Air Fine
Particle Implementation Rule'' (72 FR 20586, April 25, 2007) and the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' final rule (73 FR
28321, May 16, 2008) (collectively, ``1997 PM2.5
Implementation Rule'' or ``Implementation Rule''). See 706 F.3d 428
(D.C. Cir. 2013). The Court found that EPA erred in implementing the
1997 annual PM2.5 NAAQS pursuant solely to the general
implementation provisions of subpart 1 of part D of Title I of the CAA
(subpart 1), rather than the particulate-matter-specific provisions of
subpart 4 of part D of Title I of the CAA (subpart 4). As a result, the
D.C. Circuit Court remanded EPA's Implementation Rule and instructed
EPA ``to repromulgate these rules pursuant to subpart 4 consistent with
this opinion.'' Significantly, the Court's decision remanded the rules
to EPA and did not vacate them. In a future rulemaking action, EPA
intends to respond to the Court's remand and to promulgate new
implementation regulations for the PM2.5 NAAQS in accordance
with the requirements of subpart 4. In the interim, EPA will proceed to
review attainment plans that have already been submitted but are not
yet approved where appropriate.
EPA has two longstanding general guidance documents that interpret
the 1990 amendments to the CAA, commonly known as the ``General
Preamble'' and the ``Addendum,'' that make recommendations to states
for meeting the statutory requirements for SIPs for nonattainment areas
including those of subpart 4.\1\ In the General Preamble, EPA discussed
the relationship of subpart 1 and subpart 4 SIP requirements, and
pointed out that subpart 1 requirements were to an extent ``subsumed
by, or integrally related to, the more specific PM10
requirements.'' \2\ Section 172(c)(3) of the CAA requires that States
submit a comprehensive, accurate, and current inventory of actual
emissions from all sources in the nonattainment area. In the General
Preamble, EPA stated that section 172(c)(3) applies for purposes of
subpart 4, which itself contains no additional emissions inventory
requirements for purposes of PM10.\3\ Thus, subpart 4 adds
no additional emissions inventory requirements.
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\1\ See ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
(57 FR 13498, April 16, 1992) (hereafter, General Preamble). EPA
notes that it has issued additional guidance for attainment plans
for PM10 in particular, including extra requirements for
areas classified as ``serious'' nonattainment areas under subpart 4.
See ``State Implementation Plans for Serious PM10
Nonattainment Areas, and Attainment Date Waivers for PM10
Nonattainment Areas Generally; Addendum to the General Preamble for
the Implementation of Title I of the Clean Air Act Amendments of
1990,'' (59 FR 41998, August 16,1994) (hereafter, Addendum).
\2\ See 57 FR 13538.
\3\ See General Preamble, 57 FR 13539. EPA notes, however, that
under subpart 4 requirements states may need to submit updated
emissions inventories to support later SIP submissions, such as SIP
submissions to address the requirements for serious areas under
section 189(b)(1), or the requirements for an extension of the
serious area attainment date under section 188(e).
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EPA's remanded 1997 PM2.5 Implementation Rule required
States to meet emissions inventory requirements, including a statewide
emissions inventory of direct PM2.5 and all PM2.5
precursors, any additional emissions inventory information needed to
support an attainment demonstration and RFP requirements, and a
baseline (i.e. base year) emissions inventory suitable for the SIP
planning requirements for the area at issue.\4\ As EPA explained in the
1997 PM2.5 Implementation Rule, in order to ensure that
States provide the information necessary for SIP planning, including
the need to evaluate which PM2.5 precursors a state should
regulate in a given nonattainment area, the requirements relating to
emissions inventories include a requirement that States must provide
emissions information for direct PM2.5, SO2,
NOX, VOCs, and ammonia.\5\
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\4\ See 40 CFR 51.1008.
\5\ See PM2.5 Implementation Rule, 72 FR 20648. EPA
noted that the obligation to address all of the scientific
precursors of PM2.5 was a separate requirement needed to
support various regulatory purposes, including the evaluation of
whether relying on the rebuttable presumptions for precursors was
correct in a given area.
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EPA believes that the D.C. Circuit Court's decision in NRDC v. EPA
does not affect the emissions inventory requirements for the 1997
annual PM2.5 NAAQS. The D.C. Circuit Court's remand of the
1997 PM2.5 Implementation Rule to EPA with instructions to
repromulgate implementation regulations consistent with subpart 4 would
not result in additional emissions inventory requirements under subpart
4 because
[[Page 56]]
none exist. The D.C. Circuit Court's comments on addressing
PM2.5 precursors consistent with subpart 4 requirements also
would not compel a different approach with respect to emissions
inventories from that which EPA required under subpart 1. EPA's prior
approach under subpart 1 already obligated States to include emissions
of direct PM2.5, SO2, NOX, VOCs, and
ammonia in such inventories, and provided no presumptions to exclude
precursors from inventories. To the contrary, the emissions inventory
requirement includes these precursors to assure adequate information to
inform decisions about what pollutants to regulate for purposes of
attaining the NAAQS in a given area.
As part of EPA's November 7, 2011 NPR, EPA proposed approval of
Liberty-Clairton Area's submission with respect to emissions inventory
requirements.\6\ In that NPR, EPA explained that the Liberty-Clairton
Area's emissions inventory information was consistent with EPA's
guidance and correctly included the emissions of direct
PM2.5, SO2, NOx, VOC, and ammonia.\7\
Additionally, EPA provided a discussion of the sources of information
for emissions from stationary sources, area sources, and mobile sources
in the Liberty-Clairton Area and an explanation supporting its proposed
finding that the State's approach was appropriate. No comments were
received for this NPR.
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\6\ See 76 FR 68699, at 68701.
\7\ For further details, see the TSD document entitled
``Technical Support Document (TSD) for Liberty-Clairton
PM2.5 Nonattainment Area: State Implementation Plan (SIP)
Attainment Demonstration and Base Year Inventory,'' dated October 5,
2011. The TSD is available in the docket online at
www.regulations.gov, Docket Number EPA-R03-OAR-2011-0854.
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Because the emissions inventories, submitted by PADEP as part of
Liberty-Clairton Area's attainment plan for the 1997 annual
PM2.5 NAAQS, already included emissions of direct
PM2.5, SO2, NOx, VOC, and ammonia, EPA concludes
that there is no need to reexamine the emissions inventories for the
Liberty-Clairton Area. EPA finds that the process used to develop the
2002 base year emissions inventory for the Liberty-Clairton Area is
adequate to meet the requirements of CAA section 172(c)(3), the
implementing regulations, and EPA guidance for emission inventories
with respect the 1997 annual PM2.5 NAAQS.
IV. Final Action
EPA is approving into the Pennsylvania SIP the 2002 base year
emissions inventory for the Liberty-Clairton Area for the 1997 annual
PM2.5 NAAQS, which was submitted as part of the June 17,
2011 submittal. EPA is also approving into Pennsylvania's SIP revisions
to article XXI, sections 2101.10 and 2101.20 of ACHD regulations for
the addition of the definition of PM2.5 and the levels of
the 1997 annual PM2.5 and the 2006 24-hour PM2.5
standards. EPA is not taking action on the remaining portions of the
June 17, 2011 submittal, as they were withdrawn by PADEP by a November
18, 2013 letter.
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 rule 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.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 3, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, which approves the 2002 base year emissions
inventory for the Liberty-Clairton Area for the 1997 annual
PM2.5 NAAQS and revisions to ACHD regulations of the
PM2.5 definitions and levels, may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Sulfur oxides,
Volatile organic compounds.
[[Page 57]]
Dated: December 9, 2013.
W.C. Early,
Acting Regional Administrator, Regional III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. Sec. 52.2020 is amended by:
0
a. Revising the table in paragraph (c)(2) by:
0
(i) Revising the entry for Article XXI citation 2101.10.
0
(ii) Adding another entry for Article XXI citation 2101.20.
0
b. Revising the table in paragraph (e)(1) by adding entries at the end
of the table for the 2002 Base Year Inventory for the 1997 Annual
PM2.5 NAAQS.
The amendments read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(2) * * *
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State Additional
Article XX or XXI citation Title/subject effective EPA-approval date explanation/Sec.
date 52.2063 citation
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Part A--General
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2101.10......................... Ambient Air Quality 5/24/10 1/2/14 [Insert page Addition of PM2.5
Standards (Except: number where the standards.
PM10--County & Free document begins].
silica portion; Pb (1-
hr & 8-hr avg.);
settled particulates,
beryllium, sulfates,
fluorides, and hydrogen
sulfide).
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2101.20......................... Definitions............. 5/24/10 1/2/14 [Insert page Addition of ``PM-
number where the 2.5'' definition.
document begins].
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* * * * *
(e) * * *
(1) * * *
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State
Name of non-regulatory SIP Applicable geographic submittal EPA approval date Additional
revision area date explanation
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* * * * * * *
2002 Base Year Emissions Liberty-Clairton PM2.5 6/17/11 1/2/14 [Insert 52.2036(q).
Inventory for the 1997 Annual Nonattainment Area. page number where
PM2.5 NAAQS. the document
begins].
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0
3. Amend Sec. 52.2036 by adding paragraph (q) to read as follows:
Sec. 52.2036 Base year emissions inventory.
* * * * *
(q) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2002 base year emissions inventory for the
Liberty-Clairton 1997 annual fine particulate matter (PM2.5)
nonattainment area submitted by the Pennsylvania Department of
Environmental Protection on June 17, 2011. The base year emissions
inventory includes emissions estimates that cover the general source
categories of point sources, area sources, on-road mobile sources, and
non-road mobile sources. The pollutants that comprise the inventory are
PM2.5, nitrogen oxides (NOX), volatile organic
compounds (VOCs), ammonia (NH3), and sulfur dioxide
(SO2).
[FR Doc. 2013-30870 Filed 12-31-13; 8:45 am]
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