74890 Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations C. Petitions for Judicial Review March 15, 2018 and amended by email No. EPA–HQ–OAR–2018–0048. All Under section 307(b)(1) of the CAA, on May 1, 2020, certifying that there are documents in the docket are listed in petitions for judicial review of this no existing municipal solid waste the https://www.regulations.gov action must be filed in the United States landfills in the City of Philadelphia that website. Although listed in the index, Court of Appeals for the appropriate are subject to 40 CFR part 60, subpart some information may not be publicly circuit by January 25, 2021. Filing a Cf. available, e.g., Confidential Business petition for reconsideration by the [FR Doc. 2020–24690 Filed 11–23–20; 8:45 am] Information or other information whose Administrator of this final rule does not BILLING CODE 6560–50–P disclosure is restricted by statute. affect the finality of this action for the Certain other material, such as purposes of judicial review nor does it copyrighted material, is not placed on extend the time within which a petition ENVIRONMENTAL PROTECTION the internet and will be publicly for judicial review may be filed, and AGENCY available only in hard copy. Publicly shall not postpone the effectiveness of available docket materials are available such rule or action. 40 CFR Parts 51 and 52 electronically through https:// This action, approving the negative [EPA–HQ–OAR–2018–0048; FRL–10016–21– www.regulations.gov. declarations submitted by the City of OAR] In addition, the EPA has a website for NSR rulemakings at: https:// Philadelphia and the District of RIN 2060–AT89 Columbia, certifying that there are no www.epa.gov/nsr. The website includes the EPA’s proposed and final NSR existing municipal solid waste landfills Prevention of Significant Deterioration regulations, as well as guidance in the City of Philadelphia or the (PSD) and Nonattainment New Source documents and technical information District of Columbia that are subject to Review (NNSR): Project Emissions related to preconstruction permitting. the requirements of 40 CFR part 60 Accounting subpart Cf, may not be challenged later FOR FURTHER INFORMATION CONTACT: For in proceedings to enforce its AGENCY: Environmental Protection further information concerning this requirements. (See section 307(b)(2).) Agency (EPA). action, please contact Jessica Montan˜ ez, ACTION: Final rule. U.S. EPA, Office of Air Quality Planning List of Subjects in 40 CFR Part 62 and Standards, Air Quality Policy Environmental protection, Air SUMMARY: The Environmental Protection Division, Mail Code C504–03, 109 T.W. pollution control, Intergovernmental Agency (EPA) is promulgating revisions Alexander Drive, Research Triangle relations, Reporting andrecordkeeping to its major New Source Review (NSR) Park, NC 27709; by telephone at (919) requirements. applicability regulations to clarify when 541–3407 or by email at the requirement to obtain a major NSR [email protected]. Dated: November 2, 2020. permit applies to a source proposing to SUPPLEMENTARY INFORMATION: Cosmo Servidio, undertake a physical change or a change Regional Administrator, Region III. in the method of operation (i.e., a Throughout this document, wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean For the reasons stated in the project) under the major NSR the EPA and wherever ‘‘reviewing preamble, the EPA amends 40 CFR part preconstruction permitting programs. authorities,’’ or ‘‘air agencies’’ is used, 62 as follows: Under these programs, an existing major stationary source proposing to we mean air pollution control agencies. PART 62—APPROVAL AND undertake a project must determine I. General Information PROMULGATION OF STATE PLANS whether that project will constitute a FOR DESIGNATED FACILITIES AND major modification subject to the major A. Does this action apply to me? POLLUTANTS NSR preconstruction permitting Entities potentially affected directly requirements by following a two-step by this action include sources in all ■ 1. The authority citation for part 62 applicability test. The first step is to industry categories. Entities potentially continues to read as follows: determine if the proposed project would affected directly by this action also Authority: 42 U.S.C. 7401 et seq. result in a ‘‘significant emissions include state, local and tribal air increase’’ of a regulated NSR pollutant pollution control agencies responsible Subpart J—District of Columbia (Step 1). If the proposed project is for permitting sources pursuant to the determined to result in such an major NSR programs requirements. ■ 2. Revise § 62.2140 to read as follows: increase, the second step is to determine B. Where can I get a copy of this if the project would also result in a § 62.2140 Identification of plan—negative document and other related declaration. ‘‘significant net emissions increase’’ of information? Letter from the District of Columbia, that pollutant from the source (Step 2). Department of Energy and Environment, In this action, we are promulgating In addition to being available in the submitted November 15, 2019, revisions to our major NSR applicability docket, an electronic copy of this certifying that there are no existing regulations to clarify that both increases Federal Register document will be municipal solid waste landfills in the and decreases in emissions resulting posted at https://www.epa.gov/nsr. District of Columbia that are subject to from a proposed project can be C. How is this document organized? 40 CFR part 60, subpart Cf. considered in Step 1 of the major NSR major modification applicability test. The information presented in this Subpart NN—Pennsylvania We refer to the consideration of document is organized as follows: emissions increases and decreases in I. General Information ■ 3. Revise § 62.9633 to read as follows: Step 1 as project emissions accounting. A. Does this action apply to me? B. Where can I get a copy of this document DATES: This final rule is effective on § 62.9633 Identification of plan—negative and other related information? declaration. December 24, 2020. C. How is this document organized? Letter from the City of Philadelphia, ADDRESSES: The EPA has established a II. Background Department of Public Health, submitted docket for this action under Docket ID A. The New Source Review Program VerDate Sep<11>2014 16:05 Nov 23, 2020 Jkt 253001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\24NOR1.SGM 24NOR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations 74891 B. Major Modifications Under the NSR Step 1 of the NSR major modification thresholds are subject to major NSR Program applicability test in a process known as requirements, while smaller emitting C. Project Emissions Accounting project emissions accounting. sources and modifications may be D. Legal Analysis and Policy Rationale In the subsections that follow, the subject to minor NSR requirements or be III. Final Action EPA introduces the NSR program and A. Summary of Final Action excluded from NSR altogether. B. Comments Received and Basis for Final summarizes information from the Major NSR permits for sources that Action proposal, including: (1) What are located in attainment or 1. General Comments on the Proposal constitutes a major modification under unclassifiable areas are referred to as 2. Revisions to Step 1 of the NSR Major the major NSR programs, (2) the project Prevention of Significant Deterioration Modification Applicability Test emissions accounting process and its (PSD) permits. These permits can also 3. Legal Rationale place in the major modification cover pollutants for which there are no 4. Defining the Scope of a Project applicability test, and (3) the legal NAAQS. Major NSR permits for sources 5. Monitoring, Recordkeeping and rationale for the regulatory revisions located in nonattainment areas and that Reporting of Emissions Decreases in Step that were proposed. The history of the emit pollutants above the specified 1 of the NSR Major Modification EPA’s treatment of emissions increases thresholds for which the area is in Applicability Test 6. Considering Emissions Decreases in Step and decreases in Step 1 of the major nonattainment are referred to as 1 for Delegated and SIP-Approved modification applicability test, nonattainment NSR (NNSR) permits. Programs including the March 2018 Memorandum The pollutant(s) at issue and the air 7. Environmental and Economic Impact titled ‘‘Project Emissions Accounting quality designation of the area where Considerations of Project Emissions Under the New Source Review the facility is located or proposed to be Accounting Preconstruction Permitting Program,’’ 2 built determine the specific permitting IV. Environmental Justice Considerations was provided in the notice of proposed requirements. The CAA requires sources V. Statutory and Executive Order Reviews rulemaking and will not be restated subject to PSD to meet emission limits A. Executive Order 12866: Regulatory here. The public comment period for based on Best Available Control Planning and Review and Executive this proposed rule ended on October 8, Technology (BACT) as specified by CAA Order 13563: Improving Regulation and Regulatory Review 2019. section 165(a)(4), and sources subject to NNSR to meet Lowest Achievable B. Executive Order 13771: Reducing A. The New Source Review Program Regulations and Controlling Regulatory Emissions Rate (LAER) pursuant to CAA Costs As established under the Clean Air section 173(a)(2). Other requirements to C. Paperwork Reduction Act (PRA) Act (CAA), the NSR program is a obtain a major NSR permit vary D. Regulatory Flexibility Act (RFA) preconstruction permitting program that depending on whether it is a PSD or E. Unfunded Mandates Reform Act requires certain stationary sources of air NNSR permit. (UMRA) pollution to obtain permits prior to A new stationary source is subject to F. Executive Order 13132: Federalism beginning construction. The NSR major NSR requirements if its potential G.