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[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Rules and Regulations]
[Pages 54-57]
From the Federal Register Online via the Government Printing 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 velez-rosa.emlyn@epa.gov.

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
----------------------------------------------------------------------------------------------------------------
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).
----------------------------------------------------------------------------------------------------------------
2101.20.........................  Definitions.............      5/24/10  1/2/14 [Insert page  Addition of ``PM-
                                                                          number where the     2.5'' definition.
                                                                          document begins].
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                               State
   Name of non-regulatory SIP       Applicable geographic    submittal    EPA approval date       Additional
            revision                        area                date                             explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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].
----------------------------------------------------------------------------------------------------------------

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]
BILLING CODE 6560-50-P
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