[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Proposed Rules]
[Pages 12301-12302]
[FR Doc No: 2023-03860]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0479; FRL-10665-01-R3]

Air Plan Approval; Pennsylvania; Infrastructure State
Implementation Plan Revision Clean Air Act Section 110 Applicable
Requirements for the 2015 8-Hour Ozone National Ambient Air Quality
Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania. Whenever EPA promulgates a new or revised
national ambient air quality standard (NAAQS or standard), the Clean
Air Act (CAA) requires states to make SIP submissions to provide for
the implementation, maintenance, and enforcement of the NAAQS. The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. Pennsylvania has
formally submitted a SIP revision addressing the following
infrastructure elements, or portions thereof, of certain sections of
the CAA for the 2015 8-hour ozone NAAQS. EPA is proposing to approve
Pennsylvania's submittal addressing the infrastructure requirements for
the 2015 ozone NAAQS in accordance with the requirements of the CAA
apart from visibility protection, which was not submitted with the
current action.

DATES: Written comments must be received on or before March 29, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0479 at 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 www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michael O'Shea, 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-
2064. Dr. O'Shea can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION: On April 20, 2021, the Pennsylvania
Department of Environmental Protection (PADEP) submitted a revision to
its SIP to satisfy most of the requirements of section 110(a) of the
CAA for the 2015 ozone NAAQS.

I. Background

    Under the CAA, EPA establishes NAAQS for criteria pollutants to
protect human health and the environment. On October 26, 2015, EPA
issued a final rule revising both the primary and secondary ozone NAAQS
for ground-level ozone to 0.070 parts per million (ppm), based on the
fourth-highest maximum daily 8-hour ozone concentration per year,
averaged over three years. 80 FR 65292.
    Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This type of
SIP submission is commonly referred to as an ``infrastructure SIP.''
These submissions must meet the various requirements of CAA section
110(a)(2), as applicable, within three years after promulgation of a
new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(1) of the CAA provides the procedural and
timing requirements for SIPs, while section 110(a)(2) lists specific
elements that states must meet for infrastructure SIP requirements
related to a newly established or revised NAAQS. Section 110(a)(2)
requires states to address basic SIP elements such as requirements for
monitoring, basic program framework and adequate legal authority that
are designed to assure attainment and maintenance of the NAAQS. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. In particular, the
data and analytical tools available at the time the state develops and
submits the SIP for a new or revised NAAQS affects the content of the
submission. The content of such SIP submissions may also vary depending
upon what provisions the state's existing SIP already contains. In the
case of the 2015 ozone NAAQS, states typically have met the basic
program elements required in section 110(a)(2) through earlier SIP
submissions in connection with the 1997 and 2008 ozone NAAQS.
    Due to ambiguity in some of the language of CAA section 110(a)(2),
EPA believes that it is appropriate to interpret these provisions in
the specific context of acting on infrastructure SIP submissions. EPA
has previously provided comprehensive guidance on the application of
these provisions through a guidance document for infrastructure SIP
submissions and through regional actions on infrastructure
submissions.\1\ Unless otherwise noted below, EPA is following that
existing approach in acting on Pennsylvania's submission. In addition,
in the context of acting on such infrastructure submissions, EPA
evaluates the submitting state's SIP for facial compliance with
statutory and regulatory requirements, not for the state's
implementation of its SIP.\2\ EPA has other authority to address any
issues concerning a state's implementation of the rules, regulations,
consent orders, etc. that comprise its SIP.
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    \1\ EPA explains and elaborates on these ambiguities and its
approach to address them in ``Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean Air Act sections
110(a)(1) and 110(a)(2),'' Memorandum from Stephen D. Page,
September 13, 2013 (also referred to as ``2013 Infrastructure
Guidance''), included in the docket for this rulemaking action
available at www.regulations.gov, Docket ID Number EPA-R03-OAR-2021-
0479.
    \2\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th
Cir. 2018).
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II. Summary of SIP Revision and EPA Analysis

    On April 20, 2021, the Commonwealth of Pennsylvania formally
submitted, through PADEP, a SIP revision to satisfy the infrastructure
requirements of CAA section 110(a) for the 2015 ozone NAAQS (referred
to as ``Pennsylvania's submittal'').

Pennsylvania's submittal addresses the following infrastructure
elements, or portions thereof, for the 2015 ozone NAAQS: CAA section
110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant
deterioration (PSD)), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M).
    Pennsylvania's submittal does not address the following elements of
CAA section 110(a)(2): sub-element (D)(i)(I) related to interstate
transport; and element (I), which pertains to the nonattainment
requirements of part D, title I of the CAA. Also, the Pennsylvania
infrastructure SIP submittal addressed the PSD portion of section
110(a)(2)(D)(i)(II) but provided only narrative context regarding the
history of the visibility protection portion of
section110(a)(2)(D)(i)(II). Therefore, EPA is not taking action on the
visibility protection element of 110(a)(2)(D)(i)(II) at this time.
    With respect to element (I), according to EPA's 2013 Infrastructure
Guidance, element (I) pertains to part D of title I of the CAA, which
addresses SIP requirements and submission deadlines for areas
designated nonattainment for a NAAQS. This element pertains to SIP
revisions that are collectively referred to as nonattainment SIPs or
attainment plans. Such SIP revisions are required if an area is
designated nonattainment and, if required, would be due to EPA by the
dates statutorily prescribed in CAA part D, subparts 2 through 5.
Because the CAA directs states to submit these plan elements on a
separate schedule, EPA does not believe it is necessary for states to
include these elements in the infrastructure SIP submission due three
years after adoption or revision of a NAAQS.\3\ Pennsylvania's
submittal also did not address the portion of CAA section
110(a)(2)(D)(i)(I) related to interstate transport for the 2015 ozone
NAAQS. Therefore, EPA is not proposing any action related to
Pennsylvania's obligations under section 110(a)(2)(D)(i)(I) for the
2015 ozone NAAQS. Based upon EPA's review of Pennsylvania's submittal,
EPA is proposing to determine that Pennsylvania's submittal satisfies
the infrastructure elements of CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II) (PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M)
for the 2015 ozone NAAQS.
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    \3\ See ``Guidance on Infrastructure State Implementation Plan
(SIP) Elements under Clean Air Act sections 110(a)(1) and
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013,
for reference.
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    A detailed summary of EPA's review and rationale for approving
Pennsylvania's submittal may be found in the technical support document
(TSD) for this proposed rulemaking action included in the docket for
this rulemaking action and available at www.regulations.gov, Docket ID
Number EPA-R03-OAR-2021-0479.

III. Proposed Action

    EPA is proposing to find that Pennsylvania's April 20, 2021
submittal satisfies the following infrastructure requirements of CAA
section 110(a) for the 2015 ozone NAAQS: CAA section 110(a)(2)(A), (B),
(C), (D)(i)(II) (PSD), (D)(ii), (E) (F), (G), (H), (J), (K), (L), and
(M). Pennsylvania's submittal did not address the following
infrastructure elements: CAA section 110(a)(2)(D)(i)(I) related to
interstate transport; and CAA section 110(a)(2)(I) pertaining to the
nonattainment requirements of part D, title I of the CAA. Therefore,
EPA is not taking action on these elements. Furthermore, Pennsylvania's
submittal included only narrative historical information pertaining to
the visibility protection element of section 110(a)(2)(D)(i)(II).
Therefore, EPA is not taking action on that element at this time. EPA
is soliciting public comments on the approvability of these
infrastructure SIP elements as set forth here and in the Technical
Support Document in the docket for this action. These comments will be
considered before taking final action. Please refer to the TSD for this
rulemaking which is available online at www.regulations.gov, Docket
number EPA-R03-OAR-2021-00479, for further discussion of each element
being associated with this approval.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     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, pertaining to Pennsylvania's
110 (a) infrastructure requirements for the 2015 ozone NAAQS, does not
have tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000), because the SIP is not approved to apply in
Indian country located in the State, and EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2023-03860 Filed 2-24-23; 8:45 am]
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