[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Proposed Rules]
[Pages 20598-20600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08159]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0005; FRL-9944-72-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Measurement and Reporting of Condensable Particulate
Matter Emissions
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 SIP revision amends two regulations
to clarify testing and sampling methods for stationary sources of
particulate matter (PM) and add the requirement to measure and report
filterable and condensable PM. This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be received on or before May 9, 2016.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2016-0005 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.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
PM, also known as particle pollution, is a complex mixture of
extremely small particles and liquid droplets. Particle pollution is
made up of a number of components, including acids (such as nitrates
and sulfates), organic chemicals, metals, and soil or dust particles.
The
[[Page 20599]]
size of particles is directly linked to their potential for causing
health problems. EPA is concerned about particles that are 10
micrometers in diameter or smaller, because those are the particles
that generally pass through the throat and nose and enter the lungs.
Once inhaled, these particles can affect the heart and lungs and cause
serious health effects.
EPA established the first national ambient air quality standard
(NAAQS) for coarse particles (PM10), which are particles
less than 10 microns in diameter, on July 1, 1987. 52 FR 24634. The
rules established primary (health based) and secondary (welfare based)
PM10 standards for short term (24-hour) and long term
(annual) exposures to PM. The 24-hour standards were set at 150
micrograms per cubic meter ([micro]g/m\3\), not to be exceeded more
than once per year on average over a 3-year period. The annual
standards were set at 50 [micro]g/m\3\, based on a three-year average
annual arithmetic mean. On July 18, 1997, EPA established the first
NAAQS for particles less than 2.5 microns in diameter, known as fine
particulate (PM2.5). 62 FR 38652. EPA set an annual primary
and secondary standards at 15 [micro]g/m\3\, based on a three-year
average of annual mean PM2.5 concentrations and 24-hour
primary and secondary standards at 65 [micro]g/m\3\, based on a three-
year average of the 98th percentile of 24-hour concentrations. EPA
revised the PM2.5 NAAQS on October 17, 2006, lowering the
primary and secondary 24-hour NAAQS from 65 [micro]g/m\3\ to 35
[micro]g/m\3\. 71 FR 61144. In that rule, EPA retained the 24-hour
PM10 NAAQS, and revoked the annual PM10 standard.
On December 14, 2012, EPA once again revised the PM2.5
NAAQS, lowering the level of the health based primary annual standard
from 15 to 12 [micro]g/m\3\, while retaining the welfare based
secondary annual standard at 15 [micro]g/m\3\. That rule also retained
the 24-hour PM2.5 standard at a level of 35 [micro]g/m\3\.
On December 1, 2010, EPA revised two test methods for measuring PM
emissions from stationary sources. 75 FR 80118. One of the revised
methods, called Method 201A, provides the capability to measure the
mass of filterable PM2.5. The second revised method, called
Method 202, makes measurement of condensable PM more accurate.
Condensable PM forms from condensing gases or vapors. It is a common
component of both PM10 and PM2.5. The combination
of Methods 201A and 202 helps EPA and states to develop more accurate
primary PM emissions inventories, determine whether stationary sources
are major sources of PM10 or PM2.5 emissions for
the New Source Review (NSR)/Prevention of Significant Deterioration
(PSD) program or the Title V Permit program, determine more accurately
the effectiveness of control devices for PM10 or
PM2.5, develop regulatory limits with more appropriate test
methods, and determine compliance with regulatory limits with greater
accuracy. See 40 CFR part 51 appendix M and 75 FR 80118 (December 21,
2010).
II. Summary of SIP Revision
On June 25, 2015, the Commonwealth of Pennsylvania submitted a
formal SIP revision that amends chapters 121 and 139 of title 25,
Environmental Protection, of the Pennsylvania Code (25 Pa. Code).
Methods 201A and 202 are incorporated by reference in Pennsylvania's
Source Testing Manual, which is incorporated by reference in 25 Pa.
Code, chapter 139, Sampling and Testing. Amendments to chapter 121, in
section 121.1, add definitions for the terms ``condensable particulate
matter'' and ``filterable particulate matter.'' The amendments to 25
Pa. Code section 139.12 explain the process for determining compliance
with filterable and condensable PM emission limitations, and explains
the compliance demonstration process. Under 25 Pa. Code section
139.12(b), the owner or operator of a stationary source subject to PM
emission limitations or to NSR/PSD applicability determinations is
required to demonstrate compliance for filterable and condensable PM
emissions. The amendment to 25 Pa. Code section 139.53 specifies to
whom monitoring reports must be submitted.
III. Proposed Action
EPA is proposing to approve the June 25, 2015 Pennsylvania SIP
revision, which amends specific provisions within chapters 121 and 139
of 25 Pa. Code. The amendments clarify testing and sampling methods and
reporting requirements for stationary sources of PM and add the
requirement to measure and report filterable and condensable PM. This
revision meets requirements in section 110 of the CAA and strengthens
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 proposed rulemaking action, EPA is proposing to include in
a final EPA rule, regulatory text that includes incorporation by
reference. In accordance with the requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference the revised Pennsylvania
regulations, published in the Pennsylvania Bulletin, Vol. 44 No. 15,
April 12, 2014, and effective on April 12, 2014. EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES 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);
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
[[Page 20600]]
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rulemaking action, proposing to approve
amendments to Pennsylvania's regulations regarding testing and sampling
methods for stationary sources of PM, including filterable and
condensable PM, 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 Commonwealth,
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, Reporting and recordkeeping
requirements.o
Authority: 42 U.S.C. 7401 et seq.
Dated: March 24, 2016
Shawn M. Garvin,
Regional Administrator Region III.
[FR Doc. 2016-08159 Filed 4-7-16; 8:45 am]
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