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the provisions described in Section III. In addition, the SIP is not approved this proposed action, if finalized, would The EPA has made, and will continue to apply on any Indian reservation land be to change the designation status of to make, these documents generally or in any other area where the EPA or the Delaware and Lebanon Areas from available electronically through an Indian tribe has demonstrated that a nonattainment to attainment for the www.regulations.gov and/or in hard tribe has jurisdiction. In those areas of 2012 annual PM2.5 NAAQS, thereby copy at the appropriate EPA office (see Indian country, the rule does not have removing the requirement for a the ADDRESSES section of this preamble tribal implications as specified by nonattainment new source review for more information). Executive Order 13175 (65 FR 67249, (NNSR) permitting program and November 9, 2000), nor will it impose VI. Statutory and Executive Order stopping the sanctions clock associated substantial direct costs on tribal Reviews with a finding of failure to submit NNSR governments or preempt tribal law. updates for the 2012 annual PM2.5 Under the CAA, the Administrator is List of Subjects in 40 CFR Part 52 NAAQS. EPA is also proposing to required to approve a SIP submission approve PADEP’s plans to ensure that that complies with the provisions of the Environmental protection, Air the Delaware and Lebanon Areas CAA and applicable federal regulations. pollution control, Carbon monoxide, continue to meet the 2012 PM2.5 42 U.S.C. 7410(k); 40 CFR 52.02(a). Incorporation by reference, NAAQS through 2030 (maintenance Thus, in reviewing SIP submissions, the Intergovernmental relations, Lead, plans) as revisions to the Pennsylvania EPA’s role is to approve state choices, Nitrogen dioxide, Ozone, Particulate SIP. The maintenance plans for the provided they meet the criteria of the matter, Reporting and record keeping Delaware and Lebanon Areas include CAA. Accordingly, this proposed action requirements, Sulfur oxides, Volatile 2014, 2022, and 2030 motor vehicle merely approves state law as meeting organic compounds. emissions budgets (MVEBs) for mobile federal requirements and does not Authority: 42 U.S.C. 7401 et seq. sources of PM2.5 and nitrogen oxides impose additional requirements beyond Dated: June 27, 2019. (NOX). Finally, EPA is proposing to find those imposed by state law. For that these 2014, 2022, and 2030 MVEBs for reason, this proposed action: Chris Hladick, • PM2.5 and NOX adequate and to approve Is not a ‘‘significant regulatory Regional Administrator, Region 10. these MVEBs into the Pennsylvania SIP action’’ subject to review by the Office [FR Doc. 2019–14989 Filed 7–15–19; 8:45 am] for transportation conformity purposes. of Management and Budget under BILLING CODE 6560–50–P This action is being taken under the Executive Orders 12866 (58 FR 51735, Clean Air Act (CAA). October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); ENVIRONMENTAL PROTECTION DATES: Written comments must be • Does not impose an information AGENCY received on or before August 15, 2019. collection burden under the provisions ADDRESSES: Submit your comments, of the Paperwork Reduction Act (44 40 CFR Parts 52 and 81 identified by Docket ID No. EPA–R03– U.S.C. 3501 et seq.); • [EPA–R03–OAR–2019–0262; FRL–9996–73– OAR–2019–0262 at https:// Is certified as not having a Region 3] significant economic impact on a www.regulations.gov, or via email to substantial number of small entities Approval and Promulgation of Air [email protected]. For under the Regulatory Flexibility Act (5 Quality Implementation Plans; comments submitted at Regulations.gov, U.S.C. 601 et seq.); Pennsylvania; Redesignation Requests follow the online instructions for • Does not contain any unfunded and Maintenance Plans for Delaware submitting comments. Once submitted, mandate or significantly or uniquely County and Lebanon County 2012 Fine comments cannot be edited or removed affect small governments, as described Particulate Matter Areas from Regulations.gov. For either manner in the Unfunded Mandates Reform Act of submission, EPA may publish any of 1995 (Pub. L. 104–4); AGENCY: Environmental Protection comment received to its public docket. • Does not have Federalism Agency (EPA). Do not submit electronically any implications as specified in Executive ACTION: Proposed rule. information you consider to be Order 13132 (64 FR 43255, August 10, confidential business information (CBI) 1999); SUMMARY: The Environmental Protection or other information whose disclosure is • Is not an economically significant Agency (EPA) is proposing to approve restricted by statute. Multimedia regulatory action based on health or state implementation plan (SIP) submissions (audio, video, etc.) must be safety risks subject to Executive Order revisions submitted by the accompanied by a written comment. 13045 (62 FR 19885, April 23, 1997); Commonwealth of Pennsylvania. On The written comment is considered the • Is not a significant regulatory action January 23, 2019 and February 11, 2019, official comment and should include subject to Executive Order 13211 (66 FR respectively, the Pennsylvania discussion of all points you wish to 28355, May 22, 2001); Department of Environmental Protection make. EPA will generally not consider • Is not subject to requirements of (PADEP) submitted requests for EPA to comments or comment contents located Section 12(d) of the National redesignate to attainment of the 2012 outside of the primary submission (i.e., Technology Transfer and Advancement annual fine particulate matter (PM2.5) on the web, cloud, or other file sharing Act of 1995 (15 U.S.C. 272 note) because national ambient air quality standards system). For additional submission it does not involve technical standards; (NAAQS) the Delaware County and methods, please contact the person and Lebanon County nonattainment areas identified in the FOR FURTHER • Does not provide the EPA with the (the Delaware and Lebanon Areas or the INFORMATION CONTACT section. For the discretionary authority to address, as Areas). EPA is proposing to grant full EPA public comment policy, appropriate, disproportionate human PADEP’s requests and to determine that information about CBI or multimedia health or environmental effects, using the Delaware and Lebanon Areas meet submissions, and general guidance on practicable and legally permissible the 2012 annual PM2.5 NAAQS, based making effective comments, please visit methods, under Executive Order 12898 on the most recent three years of http://www2.epa.gov/dockets/ (59 FR 7629, February 16, 1994). certified air quality data. The effect of commenting-epa-dockets.

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FOR FURTHER INFORMATION CONTACT: nonattainment to attainment of the 2012 action, the Delaware Area, which Maria A. Pino, Planning & annual PM2.5 NAAQS. Finally, EPA is consists of Delaware County, Implementation Branch (3AD30), Air & proposing to find the 2014, 2022, and Pennsylvania, and the Lebanon Area, Radiation Division, U.S. Environmental 2030 MVEBs for PM2.5 and NOX which consists of Lebanon County, Protection Agency, Region III, 1650 adequate and is proposing to approve Pennsylvania, were designated as Arch Street, Philadelphia, Pennsylvania these MVEBs into the Pennsylvania SIP moderate nonattainment areas for the 19103. The telephone number is (215) for transportation conformity purposes. 2012 annual PM2.5 NAAQS. See 40 CFR 814–2181. Ms. Pino can also be reached The adequacy comment period for these 81.339. via electronic mail at pino.maria@ MVEBs will begin upon publication of On April 6, 2018, EPA published a epa.gov. this Notice of Proposed Rulemaking ‘‘finding of failure to submit’’ required SIP elements for the 2012 annual PM SUPPLEMENTARY INFORMATION: (NPRM) with EPA’s posting of the 2.5 availability of Pennsylvania’s NAAQS for several nonattainment areas I. What are the actions EPA is proposing? maintenance plan submittal for the nationwide, including the Delaware and II. What is the background for these actions? Delaware and Lebanon Areas on EPA’s Lebanon Areas. See 83 FR 14759. EPA’s III. What are the criteria for redesignation to finding of failure to submit, effective attainment? Adequacy website which can be found IV. What is EPA’s analysis of Pennsylvania’s at https://www.epa.gov/state-and-local- May 7, 2018, included a determination redesignation request for the Delaware transportation. Please see section V of that Pennsylvania had not met its and Lebanon Areas? today’s rulemaking for further obligations for the NNSR permit A. Have the Delaware and Lebanon Areas explanation of the MVEBs and the program because Pennsylvania did not attained the 2012 annual PM2.5 NAAQS? adequacy process. regulate emissions of VOCs and NH3 as B. Has Pennsylvania met all applicable PM2.5 precursors. Sanctions associated requirements of section 110 and part D II. What is the background for these with this finding for the Delaware and of the CAA for the Delaware and actions? Lebanon Areas will take effect on Lebanon Areas and do the Delaware and Particulate matter (PM) is the term for November 7, 2019, unless EPA fully Lebanon Areas have a fully approved SIP a mixture of solid particles and liquid approves the Pennsylvania’s under section 110(k) of the CAA? droplets found in the air. Some C. Are the air quality improvements in the redesignation requests by November 7, Delaware and Lebanon Areas due to particles, such as dust, dirt, soot, or 2019. As NNSR is not required in permanent and enforceable emission smoke, are large or dark enough to be attainment areas, upon final reductions? seen with the naked eye. Others are so redesignation of the Delaware and D. Does Pennsylvania have fully small they can only be detected using an Lebanon Areas to attainment, the NNSR approvable maintenance plans for the electron microscope. PM2.5 is made of updates will no longer be required for Delaware and Lebanon Areas? fine inhalable particles with diameters the Areas, thus nullifying the findings of V. Has Pennsylvania adopted approvable that are 2.5 micrometers and smaller. failure to submit and stopping the motor vehicle emission budgets? PM2.5 can be emitted directly from a sanctions clock. A. What are the Motor Vehicle Emissions source, such as construction sites, Budgets (MVEB)? unpaved roads, fields, smokestacks or III. What are the criteria for B. What is a safety margin? redesignation to attainment? C. Why are the MVEBs approvable? fires. However, most PM2.5 is formed in D. What is the adequacy and approval the atmosphere as a result of complex Section 107(d)(3)(E) of the CAA process for the MVEBs in the Delaware reactions. The chemicals that form this allows redesignation of an area to and Lebanon areas maintenance plans? ‘‘secondary’’ PM2.5, known as attainment of the NAAQS provided that: VI. Proposed Action ‘‘precursors’’ are sulfur dioxide (SO2), (1) The Administrator (EPA) determines VII. Statutory and Executive Order Reviews NOX, volatile organic compounds that the area has attained the applicable (VOCs), and ammonia (NH ). PM NAAQS; (2) the Administrator has fully I. What are the actions EPA is 3 2.5 precursors are pollutants emitted by a approved the applicable proposing? wide range of sources, such as power implementation plan for the area under EPA is taking several actions related plants, industrial processes, and section 110(k) of the CAA; (3) the to the redesignation of the Delaware and automobiles. Administrator determines that the Lebanon Areas to attainment of the 2012 On December 14, 2012, EPA improvement in air quality is due to annual PM2.5 NAAQS. EPA is proposing promulgated a revised primary annual permanent and enforceable reductions that the Delaware and Lebanon PM2.5 NAAQS to provide increased in emissions resulting from moderate nonattainment areas are protection of public health from fine implementation of the applicable SIP, attaining the 2012 annual PM2.5 particle pollution. 78 FR 3086 (January applicable Federal air pollutant control NAAQS. EPA is also proposing to 15, 2013). In that action, EPA regulations, and other permanent and approve Pennsylvania’s 2012 annual strengthened the primary annual PM2.5 enforceable emission reductions; (4) the PM2.5 maintenance plans for the standard from 15.0 micrograms per Administrator has fully approved a Delaware and Lebanon Areas as cubic meter (mg/m3) to 12.0 mg/m3. An maintenance plan for the area as revisions to the Pennsylvania SIP. These area is considered to be attainment for meeting the requirements of section maintenance plans include MVEBs for that NAAQS when the 3-year average of 175A of the CAA; and (5) the state PM2.5 and NOX for the years 2014, 2022, the annual arithmetic mean of the containing the area has met all and 2030. Further, EPA is also ambient air quality monitoring data requirements applicable to the area for proposing to find that Pennsylvania collected at each monitor in the area purposes of redesignation under section meets the requirements for does not exceed 12.0 mg/m3. On 110 and part D of title I of the CAA. redesignation of the Delaware and December 18, 2014, the EPA On April 16, 1992, EPA provided Lebanon Areas to attainment of the 2012 Administrator signed a final action guidance on redesignations in the annual PM2.5 NAAQS under section promulgating initial designations for the General Preamble for the 107(d)(3)(E) of the CAA. EPA is thus 2012 primary PM2.5 NAAQS based on Implementation of Title I of the CAA proposing to grant Pennsylvania’s 2011–2013 air quality monitoring data Amendments of 1990 (57 FR 13498) and request to change the designation of the for the majority of the United States. 80 supplemented this guidance on April Delaware and Lebanon Areas from FR 2206 (January 15, 2015). In that 28, 1992 (57 FR 18070). EPA has

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provided further guidance on processing A. Have the Delaware and Lebanon associated reasonably available control redesignation requests in the following Areas attained the 2012 annual PM2.5 measures (RACM), including reasonable documents: NAAQS? available control technology (RACT), a 1. ‘‘Procedures for Processing Requests to To redesignate an area from reasonable further progress (RFP) plan, Redesignate Areas to Attainment,’’ nonattainment to attainment, the CAA and contingency measures for failure to Memorandum from John Calcagni, Director, requires EPA to determine that the area attain or meet RFP. These requirements Air Quality Management Division, September has attained the applicable NAAQS are suspended for as long as the Areas 4, 1992 (Calcagni memorandum); (CAA section 107(d)(3)(E)(i)). For PM2.5, continue to meet the 2012 annual PM2.5 2. ‘‘State Implementation Plan (SIP) an area is attaining the 2012 annual NAAQS. When the Areas are Actions Submitted in Response to Clean Air Act (CAA) Deadlines,’’ Memorandum from PM2.5 NAAQS if it meets the standard, redesignated to attainment, the John Calcagni, Director, Air Quality as determined in accordance with 40 requirements are permanently Management Division, October 28, 1992; CFR 50.13 and appendix N of 40 CFR discharged. 3. ‘‘Part D New Source Review (Part D part 50, based on three complete, There are two ambient air quality NSR) Requirements for Areas Requesting consecutive calendar years of quality- monitors in the Delaware Area and one Redesignation to Attainment,’’ Memorandum assured air quality monitoring data. To from Mary D. Nichols, Assistant in the Lebanon Area. EPA reviewed the attain the 2012 annual PM2.5 NAAQS, certified, quality assured/quality Administrator for Air and Radiation, October the 3-year average of the annual controlled PM monitoring data for 14, 1994 (Nichols memorandum); and arithmetic mean concentration, as 2.5 2015–2017 from the monitors in the 4. ‘‘State Implementation Plan (SIP) determined in accordance with 40 CFR Requirements for Areas Submitting Requests Delaware and Lebanon Areas and for Redesignation to Attainment of the Ozone part 50, appendix N, must be less than 3 determined that the design values are and Carbon Monoxide (CO) National or equal to 12.0 mg/m at all relevant 3 monitoring sites in the subject area over less than or equal to 12.0 mg/m , and Ambient Air Quality Standards (NAAQS) on therefore the areas continue to meet the or after November 15, 1992,’’ Memorandum a 3-year period. The relevant data must from Michael H. Shapiro, Acting Assistant be collected and quality-assured in 2012 annual PM2.5 NAAQS. In addition, Administrator for Air and Radiation accordance with 40 CFR part 58 and EPA evaluated preliminary 2016–2018 memorandum, September 17, 1993 (Shapiro recorded in the EPA Air Quality System monitoring data for all three monitors, memorandum). (AQS) database. which also shows continued attainment These memoranda are available in the On December 13, 2016, EPA of the 2012 annual PM2.5 NAAQS. docket for this rulemaking action, determined that the Delaware Area first Therefore, EPA is proposing to available online at https:// attained the 2012 annual PM2.5 NAAQS determine that the Delaware and www.regulations.gov, Docket ID: EPA– based on 2013–2015 ambient air quality Lebanon Areas are attaining the 2012 R03–OAR–2019–0262. monitoring data. See 81 FR 89868 and annual PM2.5 NAAQS. This proposed 82 FR 8499. On March 6, 2018, EPA determination is based on the most IV. What is EPA’s analysis of determined that the Lebanon Area first recent three years of complete, certified Pennsylvania’s redesignation request attained the 2012 annual PM2.5 NAAQS and quality-assured data, which is for for the Delaware and Lebanon Areas? based on 2014–2016 ambient air quality the 2015–2017 monitoring period. The EPA is proposing to redesignate the monitoring data. See 83 FR 9435. These monitoring data is summarized in Delaware and Lebanon Areas to determinations of attainment, or ‘‘clean Tables 1 and 2 and is also available in attainment for the 2012 annual PM2.5 data determinations’’ suspended certain the docket for this rulemaking action NAAQS and to approve Pennsylvania’s planning requirements for the Areas, available online at https:// related maintenance plans. The basis for including the requirement to submit an www.regulations.gov, Docket ID: EPA– EPA’s actions is as follows: attainment demonstration and R03–OAR–2019–0262.

TABLE 1—2013 TO 2018 ANNUAL MEANS AT DELAWARE COUNTY AND LEBANON COUNTY MONITORS

Annual means in μg/m3 Area/county Monitor ID Preliminary 2013 2014 2015 2016 2017 2018

Delaware ...... 42–045–0002 11.5 12.6 10.7 11.0 9.1 12.1 Delaware ...... 42–045–0109 (*) (*) 10.6 9.3 8.3 10.8 Lebanon ...... 42–075–0100 11.2 12.7 11.2 9.7 9.3 8.8 * Monitor 42–045–0109 started operation on 1/1/2015. Therefore, it did not record data in 2013 and 2014.

TABLE 2—2015 TO 2018 ANNUAL DESIGN VALUES AT DELAWARE COUNTY AND LEBANON COUNTY MONITORS

Annual design values in μg/m3 Area/county Monitor ID Preliminary 2013–2015 2014–2016 2015–2017 2016–2018

Delaware ...... 42–045–0002 11.6 11.5 10.3 10.7 Delaware ...... 42–045–0109 (*) (*) 9.4 9.4 Lebanon ...... 42–075–0100 ** 11.7 11.2 10.1 9.3 * Monitor 42–045–0109 started operation on 1/1/2015. Therefore, the 2013–2015 and 2014–2016 design values at this monitor are not valid because they do not meet EPA’s completeness criteria in appendix N to 40 CFR part 50. ** The 2013–2015 design value at monitor 42–075–0100 is not valid because the 2015 data at that monitor does not meet EPA’s complete- ness criteria in appendix N to 40 CFR part 50.

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EPA has reviewed the ambient air Cir. 2004). See also 68 FR 25418, 25424 requirements after it is redesignated. quality monitoring data in the Delaware and 25427 (May 12, 2003) EPA concludes that section 110(a)(2) of and Lebanon Areas, consistent with the (redesignation of the St. Louis/East St. the CAA and part D requirements which requirements contained at 40 CFR part Louis area to attainment of the 1-hour are linked with a particular area’s 50. EPA’s review focused on data ozone NAAQS). designation and classification are the recorded in the EPA AQS database, for In the case of the Delaware and relevant measures to evaluate in the Delaware and Lebanon Areas for Lebanon Areas, the base year emissions reviewing a redesignation request, and PM2.5 nonattainment area from 2015 to inventory was due prior to that section 110(a)(2) elements of the 2017. EPA also considered preliminary Pennsylvania’s submittal of the CAA not linked in the area’s data for 2018, which have not been complete redesignation requests for the nonattainment status are not applicable certified, but which are consistent with Areas. Therefore, the base year for purposes of redesignation. This the area’s continued attainment. inventories are applicable requirements. approach is consistent with EPA’s All monitors in the Delaware and The attainment plans, including RACM/ existing policy on applicability of Lebanon Areas recorded complete data RACT, and contingency measures for conformity (i.e., for redesignations) and in accordance with criteria set forth by failure to attain or meet RFP, were also oxygenated fuels requirement. See EPA in 40 CFR part 50, appendix N, due prior to Pennsylvania’s submittal of Reading, Pennsylvania, proposed and where a complete year of air quality complete redesignation requests for the final rulemakings 61 FR 53174 (October data comprises four calendar quarters, Areas. However, as described in detail 10, 1996); 62 FR 24826 (May 7, 1997); with each quarter containing data from later in this rulemaking, clean data Cleveland-Akron-Lorain, Ohio final at least 75 percent (%) capture of the determinations for the Areas suspended rulemaking 61 FR 20458 (May 7, 1996); scheduled sampling days. Available these requirements for as long as the and Tampa, Florida final rulemaking 60 data are sufficient for comparison to the Areas continues to meet the 2012 FR 62748 (December 7, 1995). See also NAAQS. annual PM2.5 NAAQS. When the Areas the discussion on this issue in the are redesignated to attainment, these B. Has Pennsylvania met all applicable Cincinnati, Ohio redesignation 65 FR requirements are permanently requirements of section 110 and part D 37879, 37890 (June 19, 2000) and in the discharged. of the CAA for the Delaware and Pittsburgh, Pennsylvania redesignation Lebanon Areas and do the Delaware Pennsylvania Has Met the Section 110 66 FR 53099 (October 19, 2001). EPA has previously approved and Lebanon Areas have a fully General Sip Requirements provisions of Pennsylvania’s SIP approved SIP under section 110(k) of Section 110(a)(2) of Title I of the CAA addressing section 110(a)(2) the CAA? delineates the general requirements for requirements under section 110(k) of the In accordance with section a SIP, which include enforceable CAA, including provisions addressing 107(d)(3)(E)(v) of the CAA, emissions limitations and other control PM2.5. See 80 FR 26461 (May 8, 2015). Pennsylvania must meet all the measures, means, or techniques, These requirements are, however, requirements applicable to the Areas provisions for the establishment and statewide requirements that are not under section 110 of the CAA (general operation of appropriate devices linked to the PM2.5 nonattainment status SIP requirements) and part D of Title I necessary to collect data on ambient air of the Areas. Therefore, EPA believes of the CAA (SIP requirements for quality, and programs to enforce the that these SIP elements are not nonattainment areas). Under section limitations. The general SIP elements applicable requirements for purposes of 107(d)(3)(E)(ii) of the CAA, and requirements set forth in section review of Pennsylvania’s PM2.5 Pennsylvania’s SIP revisions for the 110(a)(2) of the CAA include, but are redesignation request. 2012 annual PM2.5 NAAQS for the not limited to the following: (1) Since PSD requirements will apply Delaware and Lebanon Areas must be Submittal of a SIP that has been adopted after redesignation, areas being fully approved under section 110(k) of by the state after reasonable public redesignated must have an approved the CAA. Section 110(k) of the CAA sets notice and hearing; (2) provisions for PSD program. Once the Delaware and out the requirements for EPA’s actions establishment and operation of Lebanon Areas are redesignated to on SIP revision submittals. appropriate procedures needed to attainment, Pennsylvania’s PSD The September 4, 1992 Calcagni monitor ambient air quality; (3) program, and not NNSR, will become memorandum describes EPA’s implementation of a minor source effective in the Areas. Pennsylvania’s interpretation of section 107(d)(3)(E) permit program; (4) provisions for the PSD program, at 25 Pa. Code 127.81– with respect to the timing of applicable implementation of part C requirements 127.83, is approved into the requirements. Under this interpretation, (referred to as ‘‘prevention of significant Pennsylvania SIP under CCA section to qualify for redesignation, states deterioration’’ or ‘‘PSD’’); (5) provisions 110(k). See 49 FR 33127 (August 21, requesting redesignation to attainment for the implementation of part D 1984). must meet only the relevant CAA requirements for nonattainment new Areas seeking redesignation need not requirements that come due prior to the source review (referred to as ‘‘part D comply with the requirement that a submittal of a complete redesignation NNSR,’’ ‘‘NNSR,’’ ‘‘nonattainment NNSR program be approved prior to request. See also Shapiro memorandum, NSR,’’ or ‘‘NSR’’) permit programs; (6) redesignation, provided that the area September 17, 1993, and 60 FR 12459, provisions for air pollution modeling; demonstrates maintenance of the 12465–12466, (March 7, 1995) and (7) provisions for public and local NAAQS without NNSR. A more detailed (redesignation of Detroit-Ann Arbor). agency participation in planning and rationale for this is described in the Applicable requirements of the CAA emission control rule development. Nichols memorandum. Nevertheless, that come due subsequent to the area’s EPA believes that the section 110(a)(2) Pennsylvania’s NNSR program, codified submittal of a complete redesignation elements of the CAA not connected with in the Commonwealth’s regulations at request remain applicable until a nonattainment plan submissions and 25 Pa. Code 127.201 et seq., is approved redesignation is approved but are not not linked with an area’s attainment into the Pennsylvania SIP. See 77 FR required as a prerequisite to status are not applicable requirements 41276 (July 13, 2012). redesignation. See CAA section 175A(c). for purposes of redesignation. The Areas Section 110(a)(2)(D) of the CAA Sierra Club v. EPA, 375 F .3d 537 (7th will still be subject to these requires that SIPs contain certain

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measures to prevent sources in a state Pennsylvania Has Met the Requirements (March 6, 2018). Furthermore, as shown from significantly contributing to air of Subpart 1 of Part D in section IV.A of this rulemaking quality problems in another state. To Subpart 1 of part D of the CAA sets notice, the Areas continue to attain the implement this provision, EPA has forth the basic nonattainment plan 2012 annual PM2.5 NAAQS. Therefore, because attainment has been reached in required certain states to establish requirements applicable to PM2.5 programs to address the interstate nonattainment areas. Under section 172 the Delaware and Lebanon Areas, no transport of air pollutants in accordance of the CAA, states with nonattainment additional measures are needed to 1 provide for attainment, and section with the NOX SIP Call, amendments to areas must submit plans providing for the NO SIP Call, May 14, 1999 (64 FR timely attainment and meet a variety of 172(c)(1) requirements for an attainment X demonstration and RACM are no longer 26298), and March 2, 2000 (65 FR other requirements. considered to be applicable for purposes 11222), and the Cross-State Air EPA’s longstanding interpretation of of redesignation as long as the Areas Pollution Rule (CSAPR) 2 Update, 81 FR the nonattainment planning requirements of section 172 is that once continues to attain the standard until 74504 (October 26, 2016). However, a redesignation. state’s requirements under section an area is attaining the NAAQS, those requirements are not ‘‘applicable’’ for Section 172(c)(2)’s requirement that 110(a)(2)(D) of the CAA are not linked nonattainment plans contain provisions to a particular nonattainment area’s purposes of section 107(d)(3)(E)(ii) and therefore need not be approved into the promoting reasonable further progress designation and classification in that SIP before EPA can redesignate the area. toward attainment is also not relevant state. The interstate transport SIP In the 1992 General Preamble for for purposes of redesignation because submittal requirements, where Implementation of Title I, EPA set forth EPA has determined that the Delaware applicable, continue to apply to a state its interpretation of applicable and Lebanon Areas have monitored regardless of the designation of any one requirements for purposes of evaluating attainment of the 2012 annual PM2.5 particular area in the state. Thus, EPA redesignation requests when an area is NAAQS. In addition, because the does not believe that these requirements attaining a standard. See 57 FR 13498, Delaware and Lebanon Areas have are applicable requirements for 13564 (April 16, 1992). EPA noted that attained the 2012 annual PM2.5 NAAQS purposes of redesignation. See 65 FR the requirements for RFP and other and are no longer subject to RFP 37890 (June 19, 2000), 66 FR 53094, measures designed to provide for requirements, the requirement to submit 53099 (October 19, 2001), and 68 FR attainment do not apply in evaluating the section 172(c)(9) contingency 25418, 25426–25427 (May 13, 2003). redesignation requests because those measures is not applicable for purposes nonattainment planning requirements of redesignation. Section 172(c)(6) EPA has reviewed the Pennsylvania requires the SIP to contain control SIP and has concluded that it meets the ‘‘have no meaning’’ for an area that has already attained the standard. Id. This measures necessary to provide for general SIP requirements under section attainment of the NAAQS. Because 110(a)(2) of the CAA to the extent they interpretation was also set forth in the Calcagni memorandum. EPA’s attainment has been reached, no are applicable for purposes of additional measures are needed to redesignation, namely a SIP-approved understanding of section 172 also forms the basis of its Clean Data Policy, which provide for attainment. PSD program. Section 172(c)(3) of the CAA requires was articulated with regard to PM2.5 in 40 CFR 51.1015 and suspends a state’s submission and approval of a 1 On October 27, 1998 (63 FR 57356), EPA obligation to submit most of the comprehensive, accurate and current finalized the ‘‘Finding of Significant Contribution attainment planning requirements that inventory of actual emissions. The and Rulemaking for Certain States in the Ozone requirement under section 172(c)(3) was Transport Assessment Group Region for Purposes of would otherwise apply, including an Reducing Regional Transport of Ozone’’— attainment demonstration and planning not suspended by EPA’s clean data

commonly called the NOX SIP Call. The NOX SIP SIPs to provide for RFP, RACM, and determination for the 2012 annual PM2.5 call requires the District of Columbia and 22 states contingency measures under section NAAQS and is the only remaining to reduce emissions of NOX in order to reduce the requirement under section 172 of the transport of ozone and ozone precursors. EPA 172(c)(9).3 Courts have upheld EPA’s CAA to be considered for purposes of developed the NOX Budget Trading Program, an interpretation of section 172(c)(1)’s allowance trading program that states could adopt ‘‘reasonably available’’ control measures redesignation of the Delaware and to meet their obligations under the NO SIP Call. X and control technology as meaning only Lebanon Areas. Pennsylvania submitted The NOX Budget Trading Program allowed electric 2011 base year emissions inventories for generating units (EGUs) greater than 25 megawatts those controls that advance attainment, and industrial non-electric generating units, such as which precludes the need to require the Delaware and Lebanon Areas for the boilers and turbines, with a rated heat input greater additional measures where an area is 2012 annual PM2.5 NAAQS to EPA as than 250 million British thermal units per hour SIP revisions on May 5, 2017 and (MMBtu/hr), referred to as ‘‘large non-EGUs,’’ to already attaining. NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir. 2009); Sierra September 25, 2017, respectively. The participate in a regional NOX cap and trade inventories cover the general source program. The NOX SIP call also established Club v. EPA, 294 F.3d 155, 162 (D.C. reduction requirements for other non-EGUs, Cir. 2002); Sierra Club v. EPA, 314 F.3d categories of point sources, nonroad including cement kilns and stationary internal 735, 744 (5th Cir. 2002). mobile sources, area sources and on- combustion (IC) engines. NOX is a PM2.5 precursor. road mobile sources and include 2 On July 6, 2011, EPA finalized CSAPR, limiting As stated previously, EPA determined emissions of PM2.5 and its precursors, the interstate transport of emissions of nitrogen that the Delaware and Lebanon Areas NOX, SO2, VOC, and NH3. The oxides NOX and SO2 that contribute to harmful have attained the 2012 PM2.5 NAAQS in levels of PM2.5 and ozone in downwind states. 76 ‘‘clean data determinations.’’ See 81 FR inventories also included emissions of FR 48208. CSAPR requires 28 states in the eastern 89868 (December 13, 2016), 82 FR 8499 coarse particulate matter (PM10). EPA United States to reduce SO2, annual NOX and ozone approved them as revisions to the season NOX emissions from fossil fuel-fired power (January 26, 2017), and 83 FR 9435 plants that affect the ability of downwind states to Pennsylvania SIP, under section 110(k) attain and maintain compliance with the 1997 and 3 This regulation was promulgated as part of the of the CAA, on July 3, 2018 (83 FR 2006 PM2.5 NAAQS and the 1997 ozone NAAQS. 1997 PM2.5 NAAQS implementation rule that was 31064). The CSAPR achieves these reductions through subsequently challenged and remanded in NRDC v. Section 172(c)(4) requires the emissions trading programs. For more information EPA, 706 F.3d 428 (D.C. Cir. 2013), as discussed in identification and quantification of on CSAPR, please see the ‘‘Permanent and Section IV.B of this notice. However, the Clean Data Enforceable Controls Implemented’’ discussion of Policy portion of the implementation rule was not allowable emissions for major new and in section of IV.C. of this rulemaking. at issue in that case. modified sources in an area, and section

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172(c)(5) requires source permits for the transportation plans, programs, and As with the requirements of section construction and operation of new and projects developed, funded or approved 172(c), explained previously in this modified major stationary sources under Title 23 of the United States Code proposed rulemaking notice, the anywhere in the nonattainment area. As (U.S.C.) and the Federal Transit Act requirements of sections 189(a) and stated previously in this rulemaking (transportation conformity) as well as to 189(c) are no longer considered to be action, EPA has determined that, since all other Federally supported or funded applicable for purposes of redesignation PSD requirements will apply after projects (general conformity). State as long as the Areas continue to attain redesignation, areas being redesignated transportation conformity SIP revisions the standard. Because attainment has need not comply with the requirement must be consistent with Federal been reached, no additional measures that a NNSR program be approved prior conformity regulations relating to are needed to provide for attainment. to redesignation, provided that the area consultation, enforcement and EPA’s clean data determinations for the demonstrates maintenance of the enforceability, which EPA promulgated Delaware and Lebanon Areas suspended NAAQS without NNSR. A more detailed pursuant to its authority under the CAA. the requirements for the state to submit rationale for this view is described in EPA interprets the conformity SIP an attainment demonstration, RACM the Nichols memorandum. requirements 4 as not applicable for and RACT, RFP, quantitative Nevertheless, Pennsylvania’s SIP- purposes of evaluating a redesignation milestones, and quantitative milestone approved NNSR program is codified in request under section 107(d) because reports until such time as the Areas are the Commonwealth’s regulations at 25 state conformity rules are still required redesignated to attainment, after which Pa. Code 127.201 et seq. See 77 FR after redesignation and Federal such requirements are permanently 41276 (July 13, 2012) (approving NNSR conformity rules apply where state discharged. See 81 FR 89868 (December program into the SIP). Pennsylvania’s conformity rules have not been 13, 2016), 82 FR 8499 (January 26, 2017, PSD program, at 25 Pa. Code 127.81– approved. See Wall v. EPA, 265 F .3d and 83 FR 9435 (March 6, 2018). 127.83, is also approved into the 426 (6th Cir. 2001) (upholding this EPA concludes that Pennsylvania has Pennsylvania SIP. See 49 FR 33127 interpretation); see also 60 FR 62748 met the requirements of subpart 4 of (August 21, 1984). Once the Delaware (December 7, 1995) (redesignation of part D relevant for redesignation. and Lebanon Areas are redesignated to Tampa, Florida). Regardless, EPA Specifically, pursuant to section 110(k) attainment, Pennsylvania’s PSD approved Pennsylvania’s transportation of the CAA, EPA has approved program, and not NNSR, will become conformity SIP requirements on April Pennsylvania’s base year inventories for effective in the Areas. 29, 2009 (74 FR 19541). the Areas into the Pennsylvania SIP. Section 172(c)(7) of the CAA requires Pennsylvania Has a Fully Approved the SIP to meet the applicable EPA concludes that Pennsylvania has Applicable SIP Under Section 110(k) of provisions of section 110(a)(2) of the met the requirements of subpart 1 of the CAA CAA. As noted previously, part D relevant for redesignation. Pennsylvania SIP revisions meet the Specifically, pursuant to section 110(k) At various times, Pennsylvania requirements of section 110(a)(2) of the of the CAA, EPA has approved adopted and submitted, and EPA has CAA that are applicable for purposes of Pennsylvania’s base year inventories for approved, provisions addressing the redesignation. the Areas into the Pennsylvania SIP. various SIP elements applicable for the PM NAAQS. EPA may rely on prior Section 175A of the CAA requires a Pennsylvania Has Met the Requirements 2.5 SIP approvals in approving a state seeking redesignation to of Subpart 4 of Part D attainment to submit a SIP revision to redesignation request (see the Calcagni provide for the maintenance of the A January 4, 2013, U.S. Court of memorandum at page 3; Southwestern NAAQS in the area ‘‘for at least 10 years Appeals for the District of Columbia Pennsylvania Growth Alliance v. after the redesignation.’’ In conjunction Circuit decision 5 stated that EPA must Browner, 144 F.3d 984, 989–990 (6th with its requests to redesignate the implement PM2.5 NAAQS pursuant to Cir. 1998); Wall v. EPA, 265 F.3d 426 Areas to attainment, Pennsylvania subpart 4 of part D of the CAA, which (6th Cir. 2001)), plus any additional submitted SIP revisions to provide for contains provisions specifically measures it may approve in conjunction with a redesignation action (see 68 FR maintenance of the 2012 annual PM2.5 concerning PM10 nonattainment areas. NAAQS in the Delaware and Lebanon Section 189 in subpart 4 sets out the 25418, 25426 (May 12, 2003) and citations therein). Area for at least 10 years after requirements for PM10 and PM2.5 redesignation, through 2030. nonattainment areas. Section 189(a) As discussed previously, EPA has Pennsylvania is requesting that EPA contains the SIP revision requirements fully approved Pennsylvania’s SIP for the Delaware and Lebanon Areas under approve these SIP revisions as meeting for moderate PM10 and PM2.5 the requirement of section 175A of the nonattainment areas, including the section 110(k) for all requirements CAA. Once approved, the maintenance requirements for the state to submit an applicable under section 110 general plan for the Areas will ensure that the attainment demonstration, RACM SIP requirements, and subparts 1 and 4 SIP for Pennsylvania meets the (including (RACT) for stationary of part D for purposes of redesignation requirements of the CAA regarding sources). Section 189(c) contains under the 2012 annual PM2.5 NAAQS. maintenance of the 2012 annual PM2.5 requirements for RFP, quantitative EPA has previously approved NAAQS for the Areas. EPA’s analysis of milestones and quantitative milestone Pennsylvania’s 2011 emissions the maintenance plan is provided in reports. inventories for the Delaware and Section IV.D of this proposed Lebanon Areas as meeting the rulemaking action. requirement of section 172(c)(3) of the 4 CAA section 176(c)(4)(E) requires states to Section 176(c) of the CAA requires submit revisions to their SIPs to reflect certain CAA. See 83 FR 31064 (July 3, 2018). states to establish criteria and Federal criteria and procedures for determining EPA also previously approved procedures to ensure that Federally transportation conformity. Transportation Pennsylvania’s PSD program required supported or funded projects conform to conformity SIPs are different from SIPs requiring under section 110 of the CAA. See 49 the development of MVEBs, such as control strategy the air quality planning goals in the SIPs and maintenance plans. FR 33127 (August 21, 1984). No applicable SIP. The requirement to 5 Natural Resources Defense Council v. EPA, 706 Delaware and Lebanon Areas SIP determine conformity applies to F. 3d 428 (D.C. Cir. 2013). provisions are currently disapproved,

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conditionally approved, or partially 107(d)(3)(E)(iii) of the CAA requires between 2011, which is a year used to approved. Therefore, the Administrator EPA to determine that the air quality designate the Areas as nonattainment has fully approved the applicable improvement in the area is due to (i.e., the base year), and 2014, which is requirements for the Delaware and permanent and enforceable reductions one of the years the Areas monitored Lebanon Areas under section 110(k) in in emissions resulting from attainment (i.e., the attainment year), as accordance with section 107(d)(3)(E)(ii). implementation of the SIP and shown in Tables 3 and 4. The reduction applicable Federal air pollution control in emissions in tons per year (tpy), and C. Are the air quality improvements in regulations and other permanent and the corresponding improvement in air the Delaware and Lebanon Areas due to enforceable reductions. quality from 2011 to 2014 in the Areas permanent and enforceable emission In making this demonstration for the can be attributed to a number of reductions? Delaware and Lebanon Areas, regulatory control measures that have For redesignating a nonattainment Pennsylvania has calculated the change been implemented in the Areas and area to attainment, section in emissions of PM2.5 and its precursors contributing areas in recent years.

TABLE 3—2011 TO 2014 EMISSION REDUCTIONS IN DELAWARE COUNTY [tpy]

2014 Sector 2011 Attainment Difference Base year year 2011–2014

PM2.5

Point ...... 1,497 624 873 Area ...... 999 999 0 Onroad ...... 179 136 43 Nonroad ...... 122 97 25

Total ...... 2,797 1,856 941

SO2

Point ...... 4,976 1,924 3,052 Area ...... 2,055 708 1,347 Onroad ...... 31 31 0 Nonroad ...... 3 2 1

Total ...... 7,065 2,665 4,400

NOX

Point ...... 7,642 5,181 2,461 Area ...... 2,876 2,385 491 Onroad ...... 5,643 4,652 991 Nonroad ...... 1,124 783 341

Total ...... 17,285 13,001 4,284

VOC

Point ...... 1,393 1,410 ¥17 Area ...... 6,779 7,396 ¥617 Onroad ...... 3,000 2,534 466 Nonroad ...... 1,788 1,145 643

Total ...... 12,960 12,485 475

NH3

Point ...... 218 201 17 Area ...... 206 179 27 Onroad ...... 130 118 12 Nonroad ...... 2 2 0

Total ...... 556 500 56

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TABLE 4—2011 TO 2014 EMISSION REDUCTIONS IN LEBANON COUNTY [tpy]

2014 Sector 2011 Attainment Difference Base year year 2011–2014

PM2.5

Point ...... 81 120 ¥39 Area ...... 1,287 1,088 199 Onroad ...... 92 87 5 Nonroad ...... 62 47 15

Total ...... 1,522 1,342 180

SO2

Point ...... 278 229 49 Area ...... 374 368 6 Onroad ...... 11 11 0 Nonroad ...... 2 1 1

Total ...... 665 609 56

NOX

Point ...... 690 549 141 Area ...... 869 1,258 ¥389 Onroad ...... 2,937 3,131 ¥194 Nonroad ...... 616 505 111

Total ...... 5,112 5,443 -331

VOC

Point ...... 182 220 ¥38 Area ...... 5,924 6,657 ¥733 Onroad ...... 1,332 1,183 149 Nonroad ...... 668 316 352

Total ...... 8,106 8,376 ¥270

NH3

Point ...... 17 22 ¥5 Area ...... 3,843 2,251 1,592 Onroad ...... 49 44 5 Nonroad ...... 1 1 0

Total ...... 3,910 2,318 1,592

In Delaware County, emissions of recent years, which are described and 22 states to reduce emissions of 6 PM2.5 and all precursors decreased from further below. NOX, a precursor to ozone pollution. 2011 to 2014. In Lebanon County, while Permanent and Enforceable Controls Affected states were required to comply emissions of PM2.5, SO2, and NH3 Implemented with Phase I of the SIP Call beginning decreased, emissions of NOX and VOC in 2004 and Phase II beginning in 2007. increased from the 2011 base year to the Reductions in directly emitted fine Emission reductions resulting from 2014 attainment years. However, in particles and fine particle precursor regulations developed in response to the emissions have occurred statewide and Lebanon County, despite the modest NOX SIP Call are permanent and in upwind areas because of state and increases in NO and VOC emissions, enforceable. By imposing an emissions X Federal emission control measures, with total emissions of PM and its cap regionally, the NOX SIP Call 2.5 additional emission reductions expected precursors have decreased by over 1200 reduced NOX emissions from large to occur in the future. This section EGUs and large non-EGUs such as tpy. Emissions in Delaware County have contains a discussion of permanent and industrial boilers, internal combustion decreased by over 10,000 tpy in the enforceable measures that have been engines, and cement kilns. In response same time period. The reduction in implemented in the Delaware and to the NO SIP Call, Pennsylvania emissions and the corresponding Lebanon Areas. X improvement in air quality over this 6 period can be attributed to a number of Stationary Source Measures Although the NOX SIP Call was issued in order to address ozone pollution, reductions of NOX as a regulatory control measures that the NOX SIP Call: On October 27, 1998 result of that program have also impacted PM2.5 Delaware and Lebanon Areas and (63 FR 57356), EPA issued the NOX SIP pollution, for which NOX is also a precursor contributing areas have implemented in Call requiring the District of Columbia emission.

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adopted its NOX Budget Trading Because CSAPR is a Federal April 15, 2011, codified in 25 Pa. Code Program regulations for EGUs and large implementation plan (FIP), states are Chapter 145, Subchapter C, was industrial boilers, with emission not required to develop their own subsequently approved by EPA as a SIP reductions starting in May 2003. CSAPR rules. EPA sets an emissions revision on July 19, 2011, and codified Pennsylvania’s NOX Budget Trading budget for each of the states covered by at 40 CFR 51.2020(c)(1). Program regulation was approved into CSAPR, including Pennsylvania. Federal Standards for Hazardous Air the Pennsylvania SIP on August 21, Allowances to emit pollution are Pollutants: As required by the CAA, 2001 (66 FR 43795). To meet other allocated to affected sources based on EPA developed Maximum Available requirements of the NOX SIP Call, each state’s emissions budget. The rule Control Technology (MACT) Standards Pennsylvania adopted NOX control provides flexibility to affected sources, to regulate emissions of hazardous air regulations for cement plants and allowing sources in each state to pollutants from a published list of internal combustion engines, with determine their own compliance path. industrial sources referred to as ‘‘source emission reductions starting in May This includes adding or operating categories.’’ The MACT standards have 2005. These regulations were approved control technologies, upgrading or been adopted and incorporated by into the Pennsylvania SIP on September improving controls, switching fuels, and reference in Section 6.6 of 29, 2006 (71 FR 57428). using allowances. Sources can buy and Pennsylvania’s Air Pollution Control Clean Air Interstate Rule (CAIR) and sell allowances and bank allowances for Act and implementing regulations in 25 Cross State Air Pollution Rule (CSPAR): future use as long as each source holds Pa. Code § 127.35 and are also included CAIR, which was promulgated on May enough allowances to account for its in Federally enforceable permits issued 12, 2005 (70 FR 25162), and emissions by the end of the compliance by PADEP for affected sources. subsequently revised on April 28, 2006, period. NNSR: Major facilities proposed in and December 13, 2006, created regional NOX Budget Trading Program Limits Pennsylvania are subject to NNSR cap-and-trade programs to reduce SO2 on Non-EGUs: Pennsylvania’s CAIR SIP requirements in nonattainment areas and NOX emissions in 28 eastern states, revision also established emission limits and PSD requirements in areas of the including Pennsylvania. In 2009, the for the non-EGUs and other units that Commonwealth designated attainment CAIR ozone season NOX trading were subject to the Commonwealth’s for NAAQS including carbon monoxide program superseded the NOX Budget NOX Budget Trading Program but are (CO), PM, lead, SO2, ozone and nitrogen Trading Program, although the emission not subject to the CAIR NOX Ozone dioxide (NO2). Generally, NSR permit reduction obligations of the NOX SIP Season Trading Program. These units requirements are applicable to a facility Call were not rescinded. See 40 CFR must continue monitoring NOX located in a nonattainment area for a 51.121(r) and 51.123(aa). On May 23, emissions and must meet an emissions particular pollutant with a potential to 2008, Pennsylvania submitted a full cap. Pennsylvania’s regulation, codified emit 50 tpy or more of VOCs or 100 tpy CAIR SIP revision to meet the in 25 Pa. Code § 145.8(d), was approved or more of NOX, SO2, PM or CO. It requirements of CAIR. Pennsylvania’s by EPA as a SIP revision on December should be noted that the entire CAIR SIP revision addressed all the 10, 2009, and codified at 40 CFR Commonwealth is included in the requirements of CAIR rulemaking and 52.2020(c)(1). Ozone Transport Region pursuant to also modified other requirements in Cement Kilns and Large Stationary section 184 of the CAA, and is treated Pennsylvania’s SIP that interact with Internal Combustion Engines: as a moderate ozone nonattainment CAIR. EPA approved the Pennsylvania’s CAIR SIP revision also area, irrespective of the area’s Commonwealth’s CAIR regulation, included regulations updating the attainment status. Any major stationary codified in 25 Pa. Code Chapter 145, cement manufacturing and large source or major modification subject to Subchapter D, into the Pennsylvania SIP stationary internal combustion engine the NSR requirements must receive a on December 10, 2009 (74 FR 65446). In regulations that were adopted pursuant plan approval, which requires the Pennsylvania’s CAIR SIP revision, to the NOX SIP Call. Until 2009, cement source to, among other things, offset its Pennsylvania terminated its NOX kilns and large stationary internal potential to emit air contaminants Budget Trading Program and combustion engines that were subject to including NOX, PM and VOCs by transitioned to the Federal CAIR for the NOX SIP Call were required to securing emission reduction credits at large electric generating units (EGU). surrender NOX SIP Call allowances if the specified offset ratio, employ the On July 6, 2011, EPA finalized CSAPR they exceeded their NOX emission ‘‘lowest achievable emission rate’’ as a replacement for CAIR. CSAPR limits set forth in Pennsylvania’s (LAER) for each regulated pollutant and became effective on January 1, 2015, for regulations. Because Pennsylvania conduct an alternative analysis. The SO2 and annual NOX, and May 1, 2015, discontinued the NOX Budget Trading nonattainment NSR requirements are for ozone season NOX. 76 FR 48208. Program beginning 2009, at which point codified in 25 Pa. Code chapter 127, EPA estimated CSAPR will reduce EGU NOX SIP Call allowances were replaced subchapter E and approved by EPA as SO2 emissions by 73% and NOX by CAIR NOX ozone season allowances, a revision to the Commonwealth’s SIP emissions by 54% from 2005 levels in Pennsylvania modified the regulations on December 9, 1997 (62 FR 64722), and the CSAPR region, which includes to require surrender of CAIR NOX ozone May 14, 2012 (77 FR 28261). See 40 CFR Pennsylvania. On September 7, 2016, season and CAIR NOX annual 52.2020(e)(1). EPA finalized the CSAPR Update, allowances for emission limit PSD: The PSD program is a pre- which reduced Pennsylvania’s ozone exceedances. Pennsylvania’s regulations construction review and permitting season NOX trading budget from 51,912 for large stationary internal combustion program applicable to new or modified tons to 17,952 tons of ozone season engines and cement kilns, codified in 25 major stationary sources subject to title allowances, reduced Pennsylvania’s Pa. Code Chapter 145, Subchapters B I, parts C of the CAA. The PSD ozone season NOX emissions variability and C, respectively, were approved by requirements are applicable to major limit from 10,902 tons to 3,770 tons, and EPA as a SIP revision on December 10, sources in areas attaining the NAAQS. reduced Pennsylvania’s NOX ozone 2009, and codified at 40 CFR The Federal PSD regulations codified in season new unit set-aside from 1,038 51.2020(c)(1). An amendment to 40 CFR part 52 are incorporated by tons to 541 tons. 81 FR 74504 (October Pennsylvania’s regulation for cement reference in their entirety in 25 Pa. Code 26, 2016). kilns to reduce NOX emissions effective § 127.83. Pennsylvania’s PSD

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regulations, codified in 25 Pa. Code Delaware County redesignation request, requirements. Pennsylvania amended Chapter 127, subchapter D, were Pennsylvania reports that, due to this the former New Motor Vehicle approved by EPA on August 21, 1984, permanent shutdown of the refining Emissions Control Program in 2006. The and codified at 40 CFR 52.2058 (49 FR operations, emissions from the facility Clean Vehicles Program continues to 33127). PSD permit requirements may were reduced by more than 4,500 tons incorporate the CA LEV program by apply to a facility located in an (2,044 tpy oxides of sulfur, 1,490 oxides reference. As amended, the program attainment with the potential to emit of nitrogen, 674 tpy PM2.5, 320 tpy VOC, affects MY 2008 and newer passenger 100 tpy or 250 tpy of the six criteria and 3 tpy NH3) from the 2011 base year. cars and light-duty trucks. EPA pollutants including lead, CO, NO , approved Pennsylvania’s Clean Vehicles 2 Mobile Sources ozone, PM and SO2 depending on the Program as a revision to the source category. Any major stationary Federal Motor Vehicle Control Commonwealth’s SIP on January 24, source or major modification subject to Programs (FMVCP) and Pennsylvania 2012 (77 FR 3386). the PSD requirements must establish the Clean Vehicles Program for Passenger Heavy-Duty Diesel Control Programs: best available control technology Vehicles and Light-Duty Trucks and On January 18, 2001, EPA promulgated (BACT). In addition, the owner or Cleaner Gasoline: Tier 1 tailpipe regulations for heavy-duty engines and operator of a facility needs to conduct standards established by the CAA vehicles (over 14,000 pounds) starting an ambient air quality analysis, analyze Amendments of 1990, under section with MY 2004. 66 FR 5002. In 2002, the impacts to soils, vegetation and 202(g) of the CAA, include NOX and Pennsylvania adopted the Heavy-Duty visibility and make sure that the project VOC limits for light-duty gasoline Diesel Emissions Control Program for will not adversely impact mandatory vehicles and light-duty gasoline trucks. model years starting after May 2004. Federal Class I areas including national In 1994, these standards began to be The program incorporates California parks greater than 6,000 acres and phased in. Evaporative VOC emissions standards by reference and requires MY national wilderness areas and national were reduced in gasoline-powered cars 2005 and subsequent new heavy-duty memorial parks greater than 5,000 acres. starting with Model Year (MY) 1998. In diesel highway engines to be those In addition, pursuant to 25 Pa. Code 1998, Pennsylvania adopted the certified by California. On October 6, § 127.1, the emissions of air pollutants Pennsylvania Clean Vehicles Program, 2000, EPA adopted new emission from new sources in Pennsylvania must which incorporates by reference certain standards for heavy-duty engines and be controlled to the maximum extent, California Low Emission Vehicle (CA vehicles for MY 2007 and subsequent consistent with Best Available LEV) emission standards for passenger years. 65 FR 59896. For diesel engines, Technology (BAT), as determined by the cars and light-duty trucks. As required the standards were phased in from 2007 Department as of the date of issuance of under section 177 of the CAA, these to 2010 for NOX and VOCs. For gasoline the plan approval for the new source. provisions are identical to the low engines, the standards were phased in PADEP determines BAT requirements emission standards adopted by during MY 2008 and 2009. Federal and on a case-by-case basis for both major California. The Pennsylvania Clean California standards are virtually and minor stationary sources Vehicles Program does not incorporate identical for MY 2007. For MY 2008, considering energy, environmental by reference the California zero California adopted requirements for benefits and costs. Under 25 Pa. Code emissions vehicle (ZEV) or emissions idling restriction engine programming § 127.12(a)(5), an application for a plan control warranty systems statement and an optional ‘‘clean NOX idle’’ approval must show that the emissions provisions. In the same rulemaking, standard. Because the new engine from a new source will be the minimum Pennsylvania adopted the National Low standards are adversely affected by attainable through the use of BAT. Emission Vehicle (NLEV) program as a sulfur in fuel, EPA also required most Pennsylvania regulations define ‘‘best compliance alternative to the highway diesel fuel to contain no more available technology’’ in 25 Pa. Code Pennsylvania Clean Vehicles Program. than 15 parts per million (ppm) of § 121.1 as, ‘‘Equipment, devices, The NLEV program became effective in sulfur, beginning in the fall of 2006. In methods or techniques as determined by the Ozone Transport Region (OTR) in addition, Federal heavy-duty the Department which will prevent, 1999. Pennsylvania’s New Motor greenhouse gas standards (76 FR 57106, reduce or control emissions of air Vehicle Emissions Control Program September 15, 2011), which began contaminants to the maximum degree regulations allowed automobile phasing in with the MY 2014, will result possible and which are available or may manufacturers to comply with NLEV in decreased energy consumption rates be made available.’’ PADEP’s BAT instead of the CA LEV program through and decreased refueling emissions. regulations, codified in 25 Pa. Code MY 2005. These regulations affected Vehicle Emission Inspection/ §§ 127.1 and 127.12(a)(5), were vehicles 6,000 pounds and less. Maintenance Program: In early 2004, approved by EPA on July 30, 1996 (61 Pennsylvania’s New Motor Vehicle Pennsylvania expanded its Vehicle FR 39594). Emissions Control Program regulations, Emission Inspection/Maintenance (I/M) which include the Pennsylvania Clean Program. Delaware County falls under Sunoco Marcus Hook Shutdown— Vehicles Program, are codified in 25 Pa. Pennsylvania’s ‘‘Philadelphia’’ program Delaware County Only Code §§ 126.401–126.441, and are (which also includes Bucks, Chester, In addition to the stationary, mobile, approved into the Pennsylvania SIP. See Montgomery and Philadelphia nonroad, and area emissions control 77 FR 3386 (January 24, 2012). Counties), while Lebanon County falls measures list in this section, emissions In 1999, EPA promulgated regulations under Pennsylvania’s ‘‘South Central in Delaware County were reduced as a more stringent than NLEV (Tier 2), Region’’ program (which also includes result of the permanent shutdown of the starting with model year (MY) 2004. The Berks, Cumberland, Dauphin, Lancaster, largest emitting point source in the NLEV program was replaced for MY Lehigh, Northampton, and York county. The Sunoco, Inc. Marcus Hook 2004 and later by the more stringent Counties). Both programs apply to Refinery facility, located three miles Federal Tier 2 vehicle emissions gasoline-powered vehicles 9,000 pounds southwest of the Chester monitoring regulations (65 FR 6698, February 10, and under, MY 1975 and newer. For site, shut down and permanently ceased 2000), and vehicle manufacturers vehicles MY 1996 and newer, the all crude petroleum refining operations, operating under the NLEV program programs consist of an annual on-board effective December 31, 2011. In the became subject to the Tier 2 diagnostic test and a gas cap pressure

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test. For subject vehicles MY 1995 and engines (69 FR 38958). The rule phased Conclusion: EPA has reviewed this older, the programs consist of an annual in requirements for reducing the sulfur suite of measures and the emission visual inspection of pollution control content of diesel used in nonroad diesel reductions achieved in the Delaware devices to ensure they are present, engines. The reduction in fuel sulfur and Lebanon Areas between 2011 and connected and the proper type for the content prevents damage to the more 2014 (summarized in Table 3 and 4) and vehicle, as well as a gas cap pressure advanced emission control systems determined that the Areas did attain the test. In addition, the Philadelphia area needed to meet the engine standards; it 2012 annual PM2.5 NAAQS due to program requires dynamometer testing will also reduce fine particulate permanent and enforceable measures. on certain MY 1995 and older vehicles. emissions from diesel engines. In 2007, D. Does Pennsylvania have fully However, the dynamometer testing is fuel sulfur levels were limited to 500 approvable maintenance plans for the being phased out, with the vehicles ppm for nonroad applications other Delaware and Lebanon Areas? dropping out each year. By 2021, the than ocean-going marine vessels. In dynamometer testing will be completely 2010, fuel sulfur levels were reduced to In conjunction with Pennsylvania’s phased out for all vehicles MY 1995 and the same sulfur concentration as in requests to redesignate the Delaware older, and these vehicles will receive highway fuel, 15 ppm; effective in 2012 and Lebanon Areas to attainment, the same tests as in the South Central to locomotive and marine diesel fuel. Pennsylvania submitted SIP revisions to Region program. These regulations can See 70 FR 70498 (November 22, 2015) provide for maintenance of the 2012 be found in 67 Pa. Code Chapter 177. and 71 FR 25706 (May 1, 2006). On annual PM2.5 NAAQS in the Areas Pennsylvania submitted the expanded April 30, 2010, EPA adopted changes to through 2030. EPA is proposing to emissions program to EPA as a SIP the nonroad diesel fuel program to approve Pennsylvania’s maintenance revision on December 1, 2003. EPA allow for the production and sale of plans in this rulemaking action. If this approved the SIP revision on October 6, diesel fuel with up to 1,000 ppm sulfur proposed action is finalized, the Areas 2005 (70 FR 58313). for use in Category 3 marine vessels. 75 will have approved maintenance plans. Low Sulfur Gasoline: The 1999 FR 22896 Maintenance Plan Requirements Federal Tier 2 regulations (65 FR 6698, February 10, 2000) reduced the sulfur Area Sources Section 175A of the CAA sets forth content of gasoline by up to 90 percent, the required elements of a maintenance Low Sulfur Fuel Oil: Pennsylvania’s plan for areas seeking redesignation enabling the use of new emission low sulfur fuel rule limits the sulfur control technologies in cars and trucks from nonattainment to attainment. content of No. 2 fuel oil to 500 ppm, No. Under section 175A, the plan must that reduce harmful air pollution. 4 fuel oil to 2,500 ppm and Nos. 5 and Requirements for use of low-sulfur demonstrate continued attainment of 6 fuel oils to 5,000 ppm. Compliance the applicable NAAQS for at least ten gasoline enabled use of advanced with the lower sulfur content limits emission control systems in light-duty years after EPA approves a began on July 1, 2016. Pennsylvania redesignation to attainment. Eight years vehicles beginning in MY 2004. estimated statewide SO emission Vehicles meeting Tier 2 emission 2 after redesignation, the state must reductions of approximately 21,000 tons submit a revised maintenance plan standards are 77 to 95 percent cleaner per year from this rule. These emission than earlier models. On April 28, 2014, which demonstrates that attainment will reductions will allow the continue to be maintained for ten years EPA promulgated a regulation adopting Commonwealth to attain and maintain more stringent vehicle standards and following the initial 10-year the PM standards and improve reducing sulfur limits in gasoline 2.5 maintenance period. To address the visibility. The final-form regulation was further with the Tier 3 Motor Vehicle possibility of future NAAQS violations, submitted to EPA for approval as a SIP Emission and Fuel Standards program the maintenance plan must contain revision on February 26, 2013. EPA (79 FR 23414). The rule was effective on contingency measures with a schedule approved this rule into Pennsylvania’s June 27, 2014. The Tier 3 program for implementation as EPA deems SIP on July 10, 2014 (79 FR 39330). requires the annual average content of necessary to assure prompt correction of Consumer Products: Pennsylvania’s sulfur in gasoline to be reduced to 10 any future PM2.5 NAAQS violations. ppm, effective January 1, 2017. By 2030, statewide regulation applies to any The Calcagni memorandum provides when fully implemented, this program person who sells, supplies, offers for additional guidance on the content of a will increase the effectiveness of vehicle sale, or manufactures certain consumer maintenance plan. It states that a emission controls even further and products on or after January 1, 2005, for maintenance plan should address the use in the Commonwealth. The reduce onroad emissions of NOX by 25 following items: The attainment percent, direct particulate matter by 10 Consumer Products program is codified emissions inventory, a maintenance percent and VOCs by 16 percent. The in 25 Pa. Code Chapter 130, Subchapter demonstration showing maintenance for rule will also significantly reduce B. It was submitted to EPA as a SIP the 10 years of the maintenance period, emissions of carbon monoxide and revision on March 26, 2003 and a commitment to maintain the existing hazardous air pollutants including approved on December 8, 2004 (69 FR monitoring network, factors and acrolein, benzene, formaldehyde and 70895). Amendments to the Consumer procedures to be used for verification of acetaldehyde. Products regulations were adopted on continued attainment of the NAAQS, October 11, 2008, submitted to EPA as and a contingency plan to prevent or Nonroad Sources a SIP revision on March 11, 2009, and correct future violations of the NAAQS. EPA has adopted a series of approved on October 18, 2010 (75 FR As discussed in detail in the regulations affecting new diesel- 63717). following section, Pennsylvania’s powered (compression ignition) and Adhesives, Sealants, Primers and maintenance plan submissions gasoline-powered (spark ignition) Solvents: Pennsylvania adopted a document that the Delaware and nonroad engines of various sizes and regulation in 2010 to control VOC Lebanon Areas’ emissions inventories applications. On June 29, 2004, EPA emissions from adhesives, sealants, show that the areas will remain below adopted a rule establishing a primers and solvents. EPA approved the attainment year inventories through comprehensive national program to this regulation as a SIP revision on 2030, more than ten years after reduce emissions from nonroad diesel September 26, 2012 (77 FR 59090). redesignation.

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Attainment Inventory recent guidance on emission inventories attainment of the 2012 annual PM2.5 for nonattainment areas available at the NAAQS. The attainment year The Calcagni memorandum indicates time and should include the emissions inventories include emissions of PM2.5, that states requesting redesignation to during the time period associated with NOX, SO2, VOC, NH3, and PM10. The attainment should develop an monitoring data showing attainment. attainment levels of emissions are attainment emissions inventory in order Pennsylvania developed attainment summarized in Tables 5 and 6, along to identify the level of emissions in the year emissions inventories for the with future maintenance projections. area that is sufficient to attain the Delaware and Lebanon Areas for 2014, Note that these tables do not include NAAQS. The attainment inventory one of the years in the period during emissions of PM10, as it is not a should be consistent with EPA’s most which the Areas first monitored precursor to PM2.5.

TABLE 5—DELAWARE COUNTY EMISSIONS INVENTORY MAINTENANCE DEMONSTRATION [tpy]

2014 2022 2030 Difference Difference Sector Attainment Interim Maintenance 2014–2022 2014–2030

PM2.5

Point ...... 624 635 684 ¥11 ¥60 Area ...... 999 1,030 1,050 ¥31 ¥51 Onroad ...... 136 79 53 57 83 Nonroad ...... 97 74 66 23 31

Total ...... 1,856 1,818 1,853 38 3

SO2

Point ...... 1,924 1,896 1,896 28 28 Area ...... 708 194 164 514 544 Onroad ...... 31 11 10 20 21 Nonroad ...... 2 1 1 1 1

Total ...... 2,665 2,102 2,071 563 594

NOX

Point ...... 5,181 5,690 5,784 ¥509 ¥603 Area ...... 2,385 2,110 2,008 275 377 Onroad ...... 4,652 2,016 956 2,636 3,696 Nonroad ...... 783 524 459 259 324

Total ...... 13,001 10,340 9,207 2,661 3,794

VOC

Point ...... 1,410 1,501 1,508 ¥91 ¥98 Area ...... 7,396 7,393 7,421 3 ¥25 Onroad ...... 2,534 1,354 816 1,180 1,718 Nonroad ...... 1,145 953 943 192 202

Total ...... 12,485 11,201 10,688 1,284 1,797

NH3

Point ...... 201 165 171 36 30 Area ...... 179 157 153 22 26 Onroad ...... 118 89 88 29 30 Nonroad ...... 2 2 2 0 0

Total ...... 500 413 414 87 86

TABLE 6—LEBANON COUNTY EMISSIONS INVENTORY MAINTENANCE DEMONSTRATION [tpy]

2014 2022 2030 Difference Difference Sector Attainment Interim Maintenance 2014–2022 2014–2030

PM2.5

Point ...... 120 154 178 ¥34 ¥58 Area ...... 1,088 1,016 1,024 72 64 Onroad ...... 87 50 31 37 56 Nonroad ...... 47 29 19 18 28

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TABLE 6—LEBANON COUNTY EMISSIONS INVENTORY MAINTENANCE DEMONSTRATION—Continued [tpy]

2014 2022 2030 Difference Difference Sector Attainment Interim Maintenance 2014–2022 2014–2030

Total ...... 1,342 1,249 1,252 93 90

SO2

Point ...... 229 235 238 ¥6 ¥9 Area ...... 368 80 69 288 299 Onroad ...... 11 6 6 5 5 Nonroad ...... 1 1 1 0 0

Total ...... 609 322 314 287 295

NOX

Point ...... 549 637 718 ¥88 ¥169 Area ...... 1,258 1,132 1,057 126 201 Onroad ...... 3,131 1,867 1,374 1,264 1,757 Nonroad ...... 505 305 214 200 291

Total ...... 5,443 3,941 3,363 1,502 2,080

VOC

Point ...... 220 226 229 ¥6 ¥9 Area ...... 6,657 6,660 6,681 ¥3 ¥24 Onroad ...... 1,183 644 411 539 772 Nonroad ...... 316 238 226 78 90

Total ...... 8,376 7,768 7,547 608 829

NH3

Point ...... 22 29 33 ¥7 ¥11 Area ...... 2,251 2,336 2,334 ¥85 ¥83 Onroad ...... 44 35 35 9 9 Nonroad ...... 1 1 1 0 0

Total ...... 2,318 2,401 2,403 ¥83 ¥85

Maintenance Demonstration Delaware and Lebanon Areas, Pennsylvania developed them Pennsylvania projected emissions consistent with EPA guidance. EPA’s As discussed previously in this forward to 2022 and 2030, which evaluation of the 2014 attainment notice, EPA has determined that the satisfies the 10-year interval required in Delaware and Lebanon Areas are inventories and 2020 and 2030 section 175(A) of the CAA. projected inventories can be found attaining the 2012 annual PM2.5 NAAQS based on monitoring data for the 3-year The emissions inventories address EPA’s technical support documents period from 2015–2017. In its four major types of sources: Point, area, (TSDs) prepared for the Delaware and maintenance plans, Pennsylvania on-road mobile, and non-road mobile. Lebanon Areas, which are available demonstrates maintenance by showing The future year emissions inventories online at http://www.regulations.gov, that emissions projected over the have been estimated using projected Docket ID: EPA–R03–OAR–2019–0262. maintenance period for the Areas will rates of growth in population, traffic, Section 175A requires a state seeking not exceed emissions levels that were economic activity, expected control redesignation to attainment to submit a present when the Areas came into programs, and other parameters. Non- SIP revision to provide for the attainment of the 2012 annual PM2.5 road mobile emissions estimates, with maintenance of the NAAQS in the area NAAQS. Pennsylvania selected 2014 as the exception of the railroad ‘‘for at least 10 years after the the attainment emission inventory year locomotives, commercial marine, and redesignation.’’ EPA has interpreted this for the Delaware and Lebanon Areas. aircraft emissions, were developed as a showing of maintenance ‘‘for a The attainment inventories identify the using EPA’s NONROAD component of period of ten years following level of emissions in the Delaware and EPA’s Motor Vehicle Emissions redesignation.’’ (Calcagni memorandum, Lebanon Areas that is sufficient to attain Simulator (MOVES) model version p. 9). Where the emissions inventory the 2012 annual PM2.5 NAAQS. 2014b. On-road mobile source emissions method of showing maintenance is Pennsylvania has previously submitted were calculated using EPA’s used, the purpose is to show that 2011 base year emission inventories for MOVES2014a on-road mobile emission emissions during the maintenance the Delaware and Lebanon Areas, which model. period will not increase over the EPA approved into the Pennsylvania EPA has reviewed Pennsylvania’s attainment year inventory. (Calcagni SIP. See 83 FR 31064. In its emissions inventories for the Delaware memorandum, pp. 9–10). maintenance demonstrations for the and Lebanon Areas and determined that Pennsylvania’s maintenance plan

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submissions expressly document that Monitoring Networks to attainment. See section 175A(d) of the Delaware and Lebanon Areas overall In the maintenance plans, the CAA. In the maintenance plans for the emissions inventories will remain well Pennsylvania committed to continue to Delaware and Lebanon Areas, below the attainment year inventories operate the air monitoring network in Pennsylvania commits to continue to through 2030. In addition, EPA believes accordance with 40 CFR part 58 to implement all applicable requirements that the Delaware and Lebanon Areas verify the attainment status of the which were contained in the SIP for the will continue to maintain the 2012 Delaware and Lebanon Areas for the annual PM2.5 NAAQS through 2030. Areas before redesignation, even after 2012 annual PM2.5 NAAQS, with no EPA approval of Pennsylvania’s Thus, if EPA finalizes its proposed reductions in the number of sites from approval of the redesignation request requests for the Areas to be redesignated those in the existing network unless pre- to attainment. Additionally, and maintenance plan, the approval will approved by EPA. be based upon this showing, in Pennsylvania commits to adopt and accordance with section 175A, and Verification of Continued Attainment expeditiously implement corrective actions, as necessary and appropriate, if EPA’s analysis described herein, that Pennsylvania remains obligated to contingency measures are triggered. the Delaware and Lebanon Areas’ continue to quality-assure monitoring Pennsylvania’s contingency plans for maintenance plans provide for data and enter all data into the Air Delaware and Lebanon Areas define maintenance for at least ten years after Quality System in accordance with redesignation. warning level and action level Federal guidelines. In the maintenance responses. The maintenance plans for the plans, Pennsylvania committed to track The maintenance plans for the Areas Delaware and Lebanon Areas for the the attainment status of the 2012 annual state that a first-level warning response 2012 annual PM2.5 NAAQS include a PM2.5 NAAQS in the Delaware and will be triggered if the annual mean maintenance demonstration that: Lebanon Areas by reviewing air quality 3 PM2.5 concentration exceeds 12.5 mg/m (1) Shows compliance with and and emissions data during the in a single calendar year at any monitor maintenance of the annual PM2.5 maintenance period. Pennsylvania will within one of the Areas or if the NAAQS by providing information to perform an annual evaluation of two key periodic emissions inventory for one of support the demonstration that current factors, vehicle miles traveled (VMT) the Areas exceeds the 2014 attainment and future emissions of PM2.5 and PM2.5 data and emissions reported from year inventory by more than 10 percent. precursors remain at or below 2014 stationary sources and compare them to The first-level response will consist of a attainment year emissions levels. the assumptions about these factors study to determine whether the triggers (2) Uses 2014 as the attainment year used in the maintenance plans. indicate a trend toward higher PM2.5 and includes future emission inventory Pennsylvania will also evaluate the values in the affected area and whether projections for 2022 and 2030. periodic (every three years) emission emissions of PM2.5 and its precursors inventories prepared under EPA’s Air (3) Identifies an ‘‘out year’’ at least 10 appear to be increasing. If there appears Emission Reporting Requirements (40 years after EPA review and potential to be an increasing trend, the study will CFR part 51, subpart A) to determine if approval of the maintenance plan. Per evaluate whether the trend is likely to they exceed the attainment year 40 CFR part 93, PM and NO MVEBs continue and, if so, the necessary and 2.5 X inventory (2014) by more than 10 were established for the last year (2030) appropriate control measures to reverse percent. Based on these evaluations, of the maintenance plan. the trend. Implementation of necessary Pennsylvania will consider whether any and appropriate controls would take (iv) Provides, as shown in Tables 5 further emission control measures place as expeditiously as possible. and 6, the estimated and projected should be implemented. The maintenance plans for the Areas emissions inventories, in tons per year Contingency Plan explain that a second-level warning (tpy), for the Delaware and Lebanon response will be prompted if the 2-year Area, for PM2.5, NOX, SO2, VOC, and Contingency plan provisions are average of the annual mean PM2.5 NH3. designed to promptly correct or prevent concentrations exceeds 12.0 mg/m3 at For maintenance of the 2012 PM2.5 a violation of the NAAQS that might any monitor within one of the Areas. If NAAQS, Pennsylvania relies on the occur after redesignation of an area to this occurs, Pennsylvania will evaluate same suite of permanent and attainment. Section 175A of the CAA the conditions leading to the PM2.5 enforceable stationary, mobile, nonroad, requires that a maintenance plan levels and evaluate what measures and area source measures as set out in include such contingency measures as might be most effective in correcting the the redesignation requests for the Areas. EPA deems necessary to assure that the PM2.5 levels. Pennsylvania will also As shown in Table 5, Pennsylvania state will promptly correct a violation of analyze the potential emissions effects projects that emissions of PM2.5 and all the NAAQS that occurs after of Federal, state and local measures that its precursors will be below the 2014 redesignation. The maintenance plan have been adopted but not yet attainment year emissions through 2030 should identify the contingency implemented at the time the second- in Delaware County. Table 6 shows that measures to be adopted, a schedule and level response is triggered. Pennsylvania PM2.5 and all its precursors except NH3 procedure for adoption and will begin the process of adopting will below the 2014 attainment year implementation of the contingency selected measures that are necessary emissions through 2030 in Lebanon measures, and a time limit for action by and appropriate so that, in the event of County. Although there is a slight the state. The state should also identify a violation (action level trigger), the increase in the NH3 between 2014 and specific indicators to be used to measures can be implemented as 2030 (85 tpy or 4%), NH3 emissions are determine when the contingency expeditiously as practicable. significantly lower than they were in the measures need to be adopted and The maintenance plans for the Areas 2011 base year (3,910 tpy). Furthermore, implemented. The maintenance plan define an action level response as being in Lebanon County emission reductions must include a requirement that the triggered if a violation of the PM2.5 of PM2.5 and the other precursors far state will implement all pollution NAAQS occurs. If triggered, outweighs the slight increase in NH3 control measures that were contained in Pennsylvania will initiate the emissions. the SIP before redesignation of the area rulemaking process to adopt and

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implement contingency measures to and costs, equity and cost-effectiveness. adoption process. The contingency return the area to attainment of the 2012 The maintenance plans set time frames measures Pennsylvania would consider annual PM2.5 NAAQS. The maintenance for adoption and implementation of the promulgating if a violation of the 2012 plans set out the following criteria for contingency measures, which provides annual PM2.5 NAAQS occurs in one of selecting contingency measures: Air for full adoption of measures within the Areas include the following quality analysis indicating the nature of approximately 24 months of a regulatory and nonregulatory measures the violation; emission reduction confirmed violation, considering all the as listed in Table 7. potential; timeliness of implementation; steps in Pennsylvania’s regulatory

TABLE 7—CONTINGENCY MEASURES FOR THE DELAWARE AND LEBANON AREAS

Measure type Contingency measure

Regulatory measures ...... A regulation to reduce emissions on high-electric demand days (Delaware County only). A regulation to lower the sulfur content of No. 2 fuel oil from 500 to 15 ppm. Other regulatory measures identified based on the selection criteria set out in the contingency plans. Non-regulatory measures ...... Voluntary diesel projects: —Diesel retrofit (including replacement, repowering or alternative fuel use) for public or private local onroad or off-road fleets; — Idling reduction technology for Class 2—yard locomotives; and — Idling reduction technologies or strategies for truck stops, warehouses and other freight-handling facili- ties. Promotion of accelerated turnover of lawn and garden equipment, especially commercial equipment. Additional promotion of alternative fuels for fleets, home heating and agricultural use.

Conclusion: EPA has reviewed (58 FR 62188). The preamble also submitted MVEBs are adequate for Pennsylvania’s maintenance plans for describes how to establish and revise transportation conformity purposes, the Delaware and Lebanon Areas and the MVEBs in control strategy SIPs and MVEBs can be used by state and Federal determined that they meet the maintenance plans. agencies in determining whether requirements of CAA section 175A. The Transportation conformity is required proposed transportation projects plans demonstrate continued attainment under section 176(c) of the CAA to ‘‘conform’’ to the SIP as required by of the 2012 annual PM2.5 NAAQS for at ensure that Federally supported section 176(c) of the CAA. EPA’s least ten years after EPA approves a highway and transit projects, and other substantive criteria for determining redesignation to attainment and they activities are consistent with (conform ‘‘adequacy’’ of a MVEB are set out in 40 contain adequate contingency measures to) the purpose of the SIP. The CAA CFR 93.118(e)(4). to address the possibility of future requires Federal actions in EPA’s process for determining NAAQS violations. Therefore, EPA is nonattainment and maintenance areas to ‘‘adequacy’’ consists of three basic steps: proposing to approve the maintenance ‘‘conform to’’ the goals of the SIP. This Public notification of a SIP submission, plans. means that such actions will not cause a public comment period, and EPA’s or contribute to violations of a NAAQS; adequacy finding. This process for V. Has Pennsylvania adopted worsen the severity of an existing determining the adequacy of submitted approvable motor vehicle emission violation; or delay timely attainment of SIP MVEBs was initially outlined in budgets? any NAAQS or any interim milestone. EPA’s May 14, 1999 guidance, A. What are the motor vehicle emissions Actions involving the Federal Highway ‘‘Conformity Guidance on budgets (MVEB)? Administration (FHWA) or Federal Implementation of March 2, 1999, Transit Administration (FTA) funding Conformity Court Decision.’’ This Under the CAA, states are required to or approval are subject to the guidance was finalized in the submit, at various times, control strategy Transportation Conformity Rule (40 CFR Transportation Conformity Rule SIPs and maintenance plans in ozone part 93, subpart A). Under this rule, Amendments for the ‘‘New 8-Hour areas. These control strategy SIPs (i.e., metropolitan planning organizations Ozone and PM2.5 National Ambient Air RFP, SIPs and attainment demonstration (MPOs) in nonattainment and Quality Standards and Miscellaneous SIPs) and maintenance plans identify maintenance areas coordinate with state Revisions for Existing Areas; and establish MVEBs for certain criteria air quality and transportation agencies, Transportation Conformity Rule pollutants and/or their precursors to EPA, FHWA, and FTA to demonstrate Amendments—Response to Court address pollution from on-road mobile that their metropolitan transportation Decision and Additional Rule Change’’ sources. In the maintenance plan, the plans and transportation improvement on July 1, 2004 (69 FR 40004). EPA MVEBs are termed ‘‘on road-mobile plans (TIPs) conform to applicable SIPs. consults this guidance and follows this source emission budgets.’’ Pursuant to This is typically determined by showing rulemaking in making its adequacy 40 CFR part 93 and § 51.112, MVEBs that estimated emissions from existing determinations. must be established in a PM2.5 and planned highway and transit The maintenance plans submitted by maintenance plan. An MVEB is the systems are less than or equal to the PADEP for the Delaware and Lebanon portion of the total allowable emissions MVEBs contained in a SIP. Areas identify the NOX and PM2.5 that is allocated to highway and transit When reviewing submitted ‘‘control MVEBs for transportation conformity vehicle use and emissions. An MVEB strategy’’ SIPs or maintenance plans purposes for the years 2014, 2022, and serves as a ceiling on emissions from an containing MVEBs, EPA must 2030. These MVEBs (including safety area’s planned transportation system. affirmatively find the MVEBs contained margins) are the projected emissions for The MVEB concept is further explained therein ‘‘adequate’’ for use in the on-road mobile sources plus any in the preamble to the November 24, determining transportation conformity. portion of the safety margin allocated to 1993 Transportation Conformity Rule After EPA affirmatively finds the the MVEBs (safety margin allocation for

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2022 and 2030 only). These emission be used for transportation conformity Delaware and Lebanon Areas are budgets, when approved by EPA, must determinations. The MVEBs for the displayed in Tables 8 and 9.

TABLE 8—ON-ROAD MVEBS CONTAINED IN THE DELAWARE COUNTY, PA 2012 PM2.5 NONATTAINMENT AREA MAINTENANCE PLAN

Mobile vehicle Motor vehicle emissions budget emissions budget for NOX Delaware County, PA for PM2.5 on-road on-road emissions emissions (tpy) (tpy)

2014 ...... 136 4,652 2022 Predicted ...... 75 1,833 Safety Margin ...... 4 183 2022 Budget ...... 79 2,016 2030 Predicted ...... 53 869 Safety Margin ...... 0 87 2030 Budget ...... 53 956

TABLE 9—ON-ROAD MVEBS CONTAINED IN THE LEBANON COUNTY, PA 2012 PM2.5 NONATTAINMENT AREA MAINTENANCE PLAN

Motor vehicle Mobile vehicle emissions emissions Lebanon County, PA budget for budget for PM2.5 on-road NOX on-road emissions emissions (tpy) (tpy)

2014 ...... 87 3,131 2022 Predicted ...... 45 1,697 Safety Margin ...... 5 170 2022 Budget ...... 50 1,867 2030 Predicted ...... 28 1,249 Safety Margin ...... 3 125 2030 Budget ...... 31 1,374

B. What is a safety margin? setting aside a portion of the difference levels are maintained at or below the between attainment year and attainment levels. Tables 10 and 11 A ‘‘safety margin’’ is the difference maintenance year emissions of PM2.5 show that the amount of emission between the attainment level of and NOX to accommodate unanticipated reductions anticipated between 2014 emissions (from all sources) and the growth in highway vehicles. The safety and 2022 and between 2014 and 2030 projected level of emissions (from all margin is the extra emissions reduction that accommodates the safety margins sources) in the maintenance plan. The below the attainment levels that can be granted for the Delaware and Lebanon highway emission budgets include a allocated for emissions by various Areas. safety margin, which was created by sources as long as the total emission

TABLE 10—COMPARISON OF SAFETY MARGIN TO TOTAL ANTICIPATED EMISSION REDUCTIONS IN 2022 AND 2030 (TONS) FOR DELAWARE COUNTY

Delaware County PM2.5 NOX

2014 ...... 1,856 13,001 2022 ...... 1,814 10,157 2030 ...... 1,853 9,120 2014–2022 Anticipated Emission Reductions ...... 43 2,844 Safety Margin Granted ...... 4 183 2014–2030 Anticipated Emission Reductions ...... 2 3,881 Safety Margin Granted ...... 0 87

TABLE 11—COMPARISON OF SAFETY MARGIN TO TOTAL ANTICIPATED EMISSION REDUCTIONS IN 2022 AND 2030 (TONS) FOR LEBANON COUNTY

Lebanon County PM2.5 NOX

2014 ...... 1,343 5,443 2022 ...... 1,244 3,771 2030 ...... 1,249 3,238 2014–2022 Anticipated Emission Reductions ...... 99 1,672

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TABLE 11—COMPARISON OF SAFETY MARGIN TO TOTAL ANTICIPATED EMISSION REDUCTIONS IN 2022 AND 2030 (TONS) FOR LEBANON COUNTY—Continued

Lebanon County PM2.5 NOX

Safety Margin Granted ...... 5 170 2014–2030 Anticipated Emission Reductions ...... 94 2,205 Safety Margin Granted ...... 3 125

C. Why are the MVEBs approvable? 2012 annual PM2.5. EPA is proposing to requirements on sources beyond those The 2014, 2022, and 2030 MVEBs for grant PADEP’s redesignation requests required by state law. A redesignation to the Delaware and Lebanon Areas are and to determine that the Delaware and attainment does not in and of itself Lebanon Areas meet the 2012 annual impose any new requirements, but approvable because the MVEBs for NOX PM2.5 NAAQS, based on the most recent rather results in the application of and PM2.5 continue to maintain the total emissions at or below the attainment three years of certified air quality data. requirements contained in the CAA for year inventory levels as required by the The effect of this proposed action, if areas that have been redesignated to transportation conformity regulations. finalized, would be to change the attainment. Moreover, the Administrator designation status of the Delaware and is required to approve a SIP submission D. What is the adequacy and approval Lebanon Areas from nonattainment to that complies with the provisions of the process for the MVEBs in the Delaware attainment for the 2012 annual PM2.5 Act and applicable Federal regulations. and Lebanon Areas maintenance plans? NAAQS, thereby removing the 42 U.S.C. 7410(k); 40 CFR 52.02(a). In this case, EPA is concurrently requirement for a nonattainment new Thus, in reviewing SIP submissions, processing the action on the source review permitting program and EPA’s role is to approve state choices, maintenance plan and the adequacy stopping the sanctions clock associated provided that they meet the criteria of process for the MVEBs contained with a finding of failure to submit NNSR the CAA. Accordingly, this action therein. In this proposed rule, EPA is updates for the annual PM2.5 NAAQS. merely approves state law as meeting proposing to find the MVEBs adequate EPA is also proposing to approve Federal requirements and does not and also proposing to approve the PADEP’s maintenance plans for the impose additional requirements beyond MVEBs as part of the maintenance plan. Delaware and Lebanon Areas as those imposed by state law. For that The MVEBs cannot be used for revisions to the Pennsylvania SIP. EPA reason, this proposed action: transportation conformity until the is also proposing to find the 2014, 2022, • Is not a ‘‘significant regulatory maintenance plan update and associated and 2030 PM2.5 and NOX MVEBs action’’ subject to review by the Office MVEBs are approved in a final Federal contained in the maintenance plans for of Management and Budget under Register notice, or EPA otherwise finds the Delaware and Lebanon Areas Executive Orders 12866 (58 FR 51735, the budgets adequate in a separate adequate and is also proposing to October 4, 1993) and 13563 (76 FR 3821, action following the comment period. approve these MVEBs into the January 21, 2011); If EPA receives adverse written Pennsylvania SIP for transportation • Is not an Executive Order 13771 (82 comments with respect to the proposed conformity purposes. EPA is soliciting FR 9339, February 2, 2017) regulatory approval of the Delaware and Lebanon public comments on the issues action because SIP approvals are Areas MVEBs, or any other aspect of our discussed in this document. These exempted under Executive Order 12866. proposed approval of this updated comments will be considered before • Does not impose an information maintenance plan, EPA will respond to taking final action. Although EPA is collection burden under the provisions the comments on the MVEBs in the final proposing approval of the redesignation of the Paperwork Reduction Act (44 rulemaking action or proceed with the requests and maintenance plans for the U.S.C. 3501 et seq.); adequacy process as a separate action. Delaware and Lebanon Areas in one • Is certified as not having a EPA’s action on the Delaware and rulemaking, EPA views each significant economic impact on a Lebanon Areas MVEBs will also be redesignation request as a separate substantial number of small entities announced on EPA’s conformity request and each maintenance plan as a under the Regulatory Flexibility Act (5 website: https://www.epa.gov/state-and- separable SIP revision. Thus, should U.S.C. 601 et seq.); local-transportation.7 The public EPA receive comment on one • Does not contain any unfunded comment period will end at the same redesignation request or maintenance mandate or significantly or uniquely time as the public comment period for plan, but not the other, EPA will treat affect small governments, as described this proposed rule. EPA’s analyses of the comment as only pertaining to that in the Unfunded Mandates Reform Act the MVEBs for the Delaware and specific redesignation request or of 1995 (Pub. L. 104–4); Lebanon Areas can be found in EPA’s maintenance plan and may take • Does not have Federalism MVEB TSDs prepared for this action, separate, final action on the remaining implications as specified in Executive available online at https:// redesignation request or maintenance Order 13132 (64 FR 43255, August 10, www.regulations.gov, Docket ID: EPA– plan. 1999); • R03–OAR–2019–0262. Is not an economically significant VII. Statutory and Executive Order regulatory action based on health or VI. Proposed Action Reviews safety risks subject to Executive Order EPA’s review of this material Under the CAA, the redesignation of 13045 (62 FR 19885, April 23, 1997); indicates that the Delaware and an area to attainment and the • Is not a significant regulatory action Lebanon Areas meet the requirements accompanying approval of the subject to Executive Order 13211 (66 FR for redesignation to attainment for the maintenance plan under CAA section 28355, May 22, 2001); 107(d)(3)(E) are actions that affect the • Is not subject to requirements of 7 Once there, click on ‘‘Adequacy Review of SIP status of the geographical area and do Section 12(d) of the National Submissions.’’ not impose any additional regulatory Technology Transfer and Advancement

VerDate Sep<11>2014 16:51 Jul 15, 2019 Jkt 247001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\16JYP1.SGM 16JYP1 jspears on DSK30JT082PROD with PROPOSALS Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Proposed Rules 33903

Act of 1995 (15 U.S.C. 272 note) because Delaware and Lebanon Areas, does not Intergovernmental relations, Lead, application of those requirements would have tribal implications as specified by Nitrogen dioxide, Ozone, Particulate be inconsistent with the CAA; and Executive Order 13175 (65 FR 67249, matter, Reporting and recordkeeping • Does not provide EPA with the November 9, 2000), because the SIP is requirements, Sulfur oxides, Volatile discretionary authority to address, as not approved to apply in Indian country organic compounds. appropriate, disproportionate human located in the state, and EPA notes that health or environmental effects, using it will not impose substantial direct Authority: 42 U.S.C. 7401 et seq. practicable and legally permissible costs on tribal governments or preempt Dated: July 5, 2019. methods, under Executive Order 12898 tribal law. Diana Esher, (59 FR 7629, February 16, 1994). Acting Regional Administrator, Region III. In addition, this proposed rule, List of Subjects in 40 CFR Part 52 proposing to approve Pennsylvania’s Environmental protection, Air [FR Doc. 2019–15091 Filed 7–15–19; 8:45 am] redesignation requests and maintenance pollution control, Carbon monoxide, BILLING CODE 6560–50–P plans for the 2012 PM2.5 NAAQS for the Incorporation by reference,

VerDate Sep<11>2014 16:51 Jul 15, 2019 Jkt 247001 PO 00000 Frm 00043 Fmt 4702 Sfmt 9990 E:\FR\FM\16JYP1.SGM 16JYP1 jspears on DSK30JT082PROD with PROPOSALS