Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standards Second Maintenance Plan for the Greene County Area

Citation86 FR 36673
Record Number2021-14853
Published date13 July 2021
CourtEnvironmental Protection Agency
Federal Register, Volume 86 Issue 131 (Tuesday, July 13, 2021)
[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
                [Proposed Rules]
                [Pages 36673-36678]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-14853]
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                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
                ========================================================================
                Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 /
                Proposed Rules
                [[Page 36673]]
                ENVIRONMENTAL PROTECTION AGENCY
                40 CFR Part 52
                [EPA-R03-OAR-2021-0358; FRL-8686-01-R3]
                Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National
                Ambient Air Quality Standards Second Maintenance Plan for the Greene
                County Area
                AGENCY: Environmental Protection Agency (EPA).
                ACTION: Proposed rule.
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                SUMMARY: The Environmental Protection Agency (EPA) is proposing to
                approve a state implementation plan (SIP) revision submitted by the
                Commonwealth of Pennsylvania. This revision pertains to the
                Commonwealth's plan, submitted by the Pennsylvania Department of
                Environmental Protection (PADEP), for maintaining the 1997 8-hour ozone
                national ambient air quality standard (NAAQS) (referred to as the
                ``1997 ozone NAAQS'') in the Greene County, Pennsylvania area (Greene
                County Area). This action is being taken under the Clean Air Act (CAA).
                DATES: Written comments must be received on or before August 12, 2021.
                ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
                OAR-2021-0358 at https://www.regulations.gov, or via email to
                [email protected]. For comments submitted at Regulations.gov, follow
                the online instructions for submitting comments. Once submitted,
                comments cannot be edited or removed from Regulations.gov. For either
                manner of submission, EPA may publish any comment received to its
                public docket. Do not submit electronically any information you
                consider to be confidential business information (CBI) or other
                information whose disclosure is restricted by statute. Multimedia
                submissions (audio, video, etc.) must be accompanied by a written
                comment. The written comment is considered the official comment and
                should include discussion of all points you wish to make. EPA will
                generally not consider comments or comment contents located outside of
                the primary submission (e.g., on the web, cloud, or other file sharing
                system). For additional submission methods, please contact the person
                identified in the FOR FURTHER INFORMATION CONTACT section. For the full
                EPA public comment policy, information about CBI or multimedia
                submissions, and general guidance on making effective comments, please
                visit https://www.epa.gov/dockets/commenting-epa-dockets.
                FOR FURTHER INFORMATION CONTACT: Adam Yarina, Planning & Implementation
                Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
                Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103. The
                telephone number is (215) 814-2108. Mr. Yarina can also be reached via
                electronic mail at [email protected].
                SUPPLEMENTARY INFORMATION: On February 25, 2020, PADEP submitted a
                revision to the Pennsylvania SIP to incorporate a plan for maintaining
                the 1997 ozone NAAQS in the Greene County Area through April 20, 2029,
                in accordance with CAA section 175A.
                I. Background
                 In 1979, under section 109 of the CAA, EPA established primary and
                secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
                over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997
                (62 FR 38856),\1\ EPA revised the primary and secondary NAAQS for ozone
                to set the acceptable level of ozone in the ambient air at 0.08 ppm,
                averaged over an 8-hour period. EPA set the 1997 ozone NAAQS based on
                scientific evidence demonstrating that ozone causes adverse health
                effects at lower concentrations and over longer periods of time than
                was understood when the pre-existing 1-hour ozone NAAQS was set.
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                 \1\ In March 2008, EPA completed another review of the primary
                and secondary ozone standards and tightened them further by lowering
                the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
                Additionally, in October 2015, EPA completed a review of the primary
                and secondary ozone standards and tightened them by lowering the
                level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
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                 Following promulgation of a new or revised NAAQS, EPA is required
                by the CAA to designate areas throughout the nation as attaining or not
                attaining the NAAQS. On April 30, 2004 (69 FR 23857), EPA designated
                the Greene County Area as nonattainment for the 1997 ozone NAAQS,
                effective June 15, 2004. The Greene County Area consists solely of
                Greene County in Pennsylvania.
                 Once a nonattainment area has three years of complete and certified
                air quality data that has been determined to attain the NAAQS, and the
                area has met the other criteria outlined in CAA section
                107(d)(3)(E),\2\ the state can submit a request to EPA to redesignate
                the area to attainment. Areas that have been redesignated by EPA from
                nonattainment to attainment are referred to as ``maintenance areas.''
                One of the criteria for redesignation is to have an approved
                maintenance plan under CAA section 175A. The maintenance plan must
                demonstrate that the area will continue to maintain the standard for
                the period extending 10 years after redesignation, and it must contain
                such additional measures as necessary to ensure maintenance as well as
                contingency measures as necessary to assure that violations of the
                standard will be promptly corrected.
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                 \2\ The requirements of CAA section 107(d)(3)(E) include
                attainment of the NAAQS, full approval under section 110(k) of the
                applicable SIP, determination that improvement in air quality is a
                result of permanent and enforceable reductions in emissions,
                demonstration that the state has met all applicable section 110 and
                part D requirements, and a fully approved maintenance plan under CAA
                section 175A.
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                 On March 19, 2009 (74 FR 11671, effective April 20, 2009), EPA
                approved a redesignation request and maintenance plan from PADEP for
                the Greene County Area. In accordance with CAA section 175A(b), at the
                end of the eighth year after the effective date of the redesignation,
                the state must also submit a second maintenance plan to ensure ongoing
                maintenance of the standard for an additional 10 years.
                 EPA's final implementation rule for the 2008 ozone NAAQS revoked
                the 1997 ozone NAAQS and provided that one consequence of revocation
                was that areas that had been redesignated to attainment (i.e.,
                maintenance areas) for the 1997 ozone NAAQS no longer needed to submit
                second 10-year maintenance plans under CAA section
                [[Page 36674]]
                175A(b).\3\ However, in South Coast Air Quality Management District v.
                EPA \4\ (South Coast II), the United States Court of Appeals for the
                District of Columbia (D.C. Circuit) vacated EPA's interpretation that,
                because of the revocation of the 1997 ozone standard, second
                maintenance plans were not required for ``orphan maintenance areas,''
                (i.e., areas like the Greene County Area) that had been redesignated to
                attainment for the 1997 ozone NAAQS and were designated attainment for
                the 2008 ozone NAAQS. Thus, states with these ``orphan maintenance
                areas'' under the 1997 ozone NAAQS must submit maintenance plans for
                the second maintenance period.
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                 \3\ See 80 FR 12315 (March 6, 2015).
                 \4\ 882 F.3d 1138 (D.C. Cir. 2018).
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                 As previously discussed, CAA section 175A sets forth the criteria
                for adequate maintenance plans. In addition, EPA has published
                longstanding guidance that provides further insight on the content of
                an approvable maintenance plan, explaining that a maintenance plan
                should address five elements: (1) An attainment emissions inventory;
                (2) a maintenance demonstration; (3) a commitment for continued air
                quality monitoring; (4) a process for verification of continued
                attainment; and (5) a contingency plan. The 1992 Calcagni Memo \5\
                provides that states may generally demonstrate maintenance by either
                performing air quality modeling to show that the future mix of sources
                and emission rates will not cause a violation of the NAAQS or by
                showing that future emissions of a pollutant and its precursors will
                not exceed the level of emissions during a year when the area was
                attaining the NAAQS (i.e., attainment year inventory). See 1992
                Calcagni Memo at p. 9. EPA further clarified in three subsequent
                guidance memos describing ``limited maintenance plans'' (LMPs) \6\ that
                the requirements of CAA section 175A could be met by demonstrating that
                the area's design value \7\ was well below the NAAQS and that the
                historical stability of the area's air quality levels showed that the
                area was unlikely to violate the NAAQS in the future. Specifically, EPA
                believes that if the most recent air quality design value for the area
                is at a level that is below 85% of the standard, or in this case below
                0.071 ppm, then EPA considers the state to have met the section 175A
                requirement for a demonstration that the area will maintain the NAAQS
                for the requisite period. Accordingly, on February 25, 2020, PADEP
                submitted an LMP for the Greene County Area, following EPA's LMP
                guidance and demonstrating that the area will maintain the 1997 ozone
                NAAQS through April 20, 2029, i.e., through the entire 20-year
                maintenance period.
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                 \5\ ``Procedures for Processing Requests to Redesignate Areas to
                Attainment,'' Memorandum from John Calcagni, Director, Air Quality
                Management Division, September 4, 1992 (1992 Calcagni Memo).
                 \6\ See ``Limited Maintenance Plan Option for Nonclassifiable
                Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air
                Quality Planning and Standards (OAQPS), dated November 16, 1994;
                ``Limited Maintenance Plan Option for Non classifiable CO
                Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6,
                1995; and ``Limited Maintenance Plan Option for Moderate
                PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS,
                dated August 9, 2001.
                 \7\ The ozone design value for a monitoring site is the 3-year
                average of the annual fourth-highest daily maximum
                 8-hour average ozone concentrations. The design value for an
                ozone nonattainment area is the highest design value of any
                monitoring site in the area.
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                 After PADEP's submittal of this LMP, it was determined that the
                most current certified design value period (2017-2019) was invalid due
                to incomplete data. PADEP operates and maintains one ozone monitor at
                the Holbrook ambient air monitoring station (AQS ID 42-059-0002) in
                Greene County, PA. During the 2018 and 2019 ozone monitoring seasons,
                the Holbrook ambient air monitoring station had missing ozone data for
                35 and 39 days, respectively. The Holbrook ozone data was missing for a
                total of 74 days in the two-year span because of several reasons,
                including power outages and quality assurance criteria not being met.
                As a result of the frequency of missing data, the total valid ozone
                data capture at the Holbrook monitoring site was 86% in 2018 and 84% in
                2019. With an ozone data capture of 93% in 2017, the three-year (2017-
                2019) average was 88%. According to 40 CFR part 50 appendix P, section
                2.3(b), three consecutive years of ambient air ozone data with data
                availability of at least 90% of the days within the ozone monitoring
                season, on average, are required, with a minimum data completeness in
                any one year of at least 75% within the ozone monitoring season. Since
                the 2019 ozone design value average data completeness was 88%, it did
                not meet the 90% criteria outlined in 40 CFR part 50 appendix P,
                section 2.3(b).
                 PADEP submitted a data completeness substitution analysis for the
                Holbrook monitor on March 3, 2021, which included data substitutions
                for 41 of the missing days. The data substitution methodology relied on
                meteorological data, historical records for the Holbrook ozone
                monitoring site and surrounding monitoring sites, and daily maximum
                regional ozone monitoring values for the 2015-2019 period. PADEP used a
                conservative approach of replacing the missing data at Holbrook in 2018
                and 2019 with the regional maximum 8-hour ozone concentration and
                calculated updated design values for the 2017-2019 period. EPA analyzed
                PADEP's submittal and found it acceptable and provided PADEP with
                Regional Administrator review and approval as required by Appendix I on
                March 24, 2021. PADEP's data substitution brings the data capture rate
                to 90% for 2018, 91% for 2019, and 91% for the 2017-2019 design value,
                which meets the requirements of 40 CFR part 50 appendix P, section
                2.3(b). For more information on PADEP's data substitution analysis,
                including PADEP's methodology, raw data, and design value calculations,
                as well as EPA's review and approval, please see the rulemaking
                docket.\8\
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                 \8\ Specifically, the documents labeled ``PADEP Transmittal
                Letter Greene County SIP,'' ``EPA RA Approval Letter for PADEP
                Holbrook Missing Ozone Data Analysis,'' ``EPA Holbrook 2017-2019
                Design Value Report,'' and ``EPA Holbrook 2018-2019 Raw Data
                Qualifier Report'' in Docket ID # EPA-R03-OAR-2021-0358.
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                II. Summary of SIP Revision and EPA Analysis
                 PADEP's February 25, 2020 SIP submittal outlines a plan for
                continued maintenance of the 1997 ozone NAAQS which addresses the
                criteria set forth in the 1992 Calcagni Memo as follows.
                A. Attainment Emissions Inventory
                 For maintenance plans, a state should develop a comprehensive and
                accurate inventory of actual emissions for an attainment year which
                identifies the level of emissions in the area which is sufficient to
                maintain the NAAQS. The inventory should be developed consistent with
                EPA's most recent guidance. For ozone, the inventory should be based on
                typical summer day's emissions of oxides of nitrogen (NOX)
                and volatile organic compounds (VOC), the precursors to ozone
                formation. In the first maintenance plan for the Greene County Area,
                PADEP used 2004 for the attainment year inventory because 2004 was one
                of the years in the 2003-2005 three-year period when the area first
                attained the 1997 ozone NAAQS.\9\ The Greene County Area continued to
                monitor attainment of the 1997 ozone NAAQS in 2014. Therefore, the
                emissions inventory from 2014 represents
                [[Page 36675]]
                emissions levels conducive to continued attainment (i.e., maintenance)
                of the NAAQS. Thus, PADEP is using 2014 as representing attainment
                level emissions for its second maintenance plan. Pennsylvania used 2014
                summer day emissions from EPA's 2014 version 7.0 modeling platform as
                the basis for the 2014 inventory presented in Table 1.\10\
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                 \9\ For more information, see EPA's July 16, 2008 notice
                proposing to redesignate the Greene County Area to attainment for
                the 1997 ozone NAAQS (73 FR 40813).
                 \10\ For more information, visit https://www.epa.gov/sites/production/files/2018-11/ozone_1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx.
                 Table 1--2014 Typical Summer Day NOX and VOC Emissions for the Greene
                 County Area
                 [tons/day]
                ------------------------------------------------------------------------
                 Source category NOX emissions VOC emissions
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                Point................................... 0.52 0.69
                Nonpoint................................ 8.55 10.89
                Onroad.................................. 3.30 1.08
                Nonroad................................. 1.45 0.59
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                 The data shown in Table 1 is based on the 2014 National Emissions
                Inventory (NEI) version 2.\11\ The inventory addresses four
                anthropogenic emission source categories: Stationary (point) sources,
                stationary nonpoint (area) sources, nonroad mobile, and onroad mobile
                sources. Point sources are stationary sources that have the potential
                to emit (PTE) more than 100 tons per year (tpy) of VOC, or more than 50
                tpy of NOX, and which are required to obtain an operating
                permit. Data are collected for each source at a facility and reported
                to PADEP. Examples of point sources include kraft mills, electrical
                generating units (EGUs), and pharmaceutical factories. Nonpoint sources
                include emissions from equipment, operations, and activities that are
                numerous and in total have significant emissions. Examples include
                emissions from commercial and consumer products, portable fuel
                containers, home heating, repair and refinishing operations, and
                crematories. The onroad emissions sector includes emissions from
                engines used primarily to propel equipment on highways and other roads,
                including passenger vehicles, motorcycles, and heavy-duty diesel
                trucks. The nonroad emissions sector includes emissions from engines
                that are not primarily used to propel transportation equipment, such as
                generators, forklifts, and marine pleasure craft. EPA reviewed the
                emissions inventory submitted by PADEP and proposes to conclude that
                the plan's inventory is acceptable for the purposes of a subsequent
                maintenance plan under CAA section 175A(b).
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                 \11\ The NEI is a comprehensive and detailed estimate of air
                emissions of criteria pollutants, criteria precursors, and hazardous
                air pollutants from air emissions sources. The NEI is released every
                three years based primarily upon data provided by State, Local, and
                Tribal air agencies for sources in their jurisdictions and
                supplemented by data developed by EPA.
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                B. Maintenance Demonstration
                 To attain the 1997 ozone NAAQS, the three-year average of the
                fourth-highest daily average ozone concentrations (design value, or
                ``DV'') at each monitor within an area must not exceed 0.08 ppm. Based
                on the rounding convention described in 40 CFR part 50, appendix I, the
                standard is attained if the DV is 0.084 or below. CAA section 175A
                requires a demonstration that the area will continue to maintain the
                NAAQS throughout the duration of the requisite maintenance period.
                Consistent with the prior guidance documents discussed previously in
                this document as well as EPA's November 20, 2018 ``Resource Document
                for 1997 Ozone NAAQS Areas: Supporting Information for States
                Developing Maintenance Plans'' (2018 Resource Document),\12\ EPA
                believes that if the most recent DV for the area is well below the
                NAAQS (i.e., below 85%, or in this case below 0.071 ppm), the section
                175A demonstration requirement has been met, provided that Prevention
                of Significant Deterioration (PSD) requirements, any control measures
                already in the SIP, and any Federal measures remain in place through
                the end of the second 10-year maintenance period (absent a showing
                consistent with section 110(l) that such measures are not necessary to
                assure maintenance).
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                 \12\ This resource document is included in the docket for this
                rulemaking available online at https://www.regulations.gov, Docket
                ID: EPA-R03-OAR-2020-0316 and is also available at https://www.epa.gov/sites/production/files/2018-11/documents/ozone_1997_naaqs_lmp_resource_document_nov_20_2018.pdf.
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                 For the purposes of demonstrating continued maintenance with the
                1997 ozone NAAQS, PADEP provided 3-year DVs at the monitor located in
                the Greene County Area from 2007 to 2018. This includes DVs for 2005-
                2007, 2006-2008, 2007-2009, 2008-2010, 2009-2011, 2010-2012, 2011-2013,
                2012-2014, 2013-2015, 2014-2016, 2015-2017, and 2016-2018, which are
                shown in Table 2.\13\ In addition, EPA has reviewed the most recent
                ambient air quality monitoring data for ozone in the Greene County
                Area, as submitted by Pennsylvania and recorded in EPA's Air Quality
                System (AQS). The most recent DVs (i.e., 2017-2019) at monitors located
                in the Greene County Area are also shown in Table 2.\14\
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                 \13\ See also Table II-2 of PADEP's February 25, 2020 submittal,
                included in the docket for this rulemaking available online at
                https://www.regulations.gov, Docket ID: EPA-R03-OAR-2021-0358.
                 \14\ This data is also included in the docket for this
                rulemaking available online at https://www.regulations.gov, Docket
                ID: EPA-R03-OAR-2021-0358 and is also available at https://www.epa.gov/air-trends/air-quality-design-values#report .
                 Table 2--1997 Ozone NAAQS Design Values (ppm) for the Greene County Area
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                 County AQS Site ID 2005-2007 2006-2008 2007-2009 2008-2010 2009-2011 2010-2012 2011-2013 2012-2014 2013-2015 2014-2016 2015-2017 2016-2018 2017-2019
                ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                Greene........................ 42-059-0002...... .08 .076 .072 .072 .069 .071 .067 .068 .067 .067 .068 .066 .063
                ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 The data in Table 2 show that the DVs for the Greene County Area
                have been below 85% of the 1997 ozone NAAQS (i.e., less than or equal
                to 0.071 ppm) since the 2009-2011 period. The highest DV for the 2017-
                2019 period at the
                [[Page 36676]]
                monitor in the Greene County Area is 0.064 ppm, which is well below 85%
                of the 1997 ozone NAAQS.
                 States can also support the demonstration of continued maintenance
                by showing stable or improving air quality trends, and according to
                EPA's 2018 Resource Document, several kinds of analyses can be
                performed by states wishing to make such a showing. One approach is to
                take the most recent DV at a monitor located in the area and add the
                maximum DV increase over one or more consecutive years that has been
                observed in the area over the past several years. A sum of these two
                values that does not exceed the level of the 1997 ozone NAAQS may be a
                good indicator of expected continued attainment. The data in Table 2 of
                this document show that the largest DV increase at the monitor located
                in the Greene County Area was 0.002 ppm, which occurred between the
                2009-2011 (0.069 ppm) and 2010-2012 (0.071 ppm) DVs. Adding 0.002 ppm
                to the DV for the 2017-2019 period (0.064 ppm) results in 0.066 ppm, a
                sum that is still below the 1997 ozone NAAQS.
                 The Greene County Area has maintained air quality levels below the
                1997 ozone NAAQS since the Area first attained the NAAQS in 2009, and
                maintained air quality levels at or below 85% of the NAAQS since
                2011.\15\ Additional supporting information that the area is expected
                to continue to maintain the standard can be found in projections of
                future year DVs that EPA recently completed to assist states with the
                development of interstate transport SIPs for the 2015 8-hour ozone
                NAAQS. Those projections, made for the year 2023, show that the DV at
                the monitor located in the Greene County Area is expected to be 0.0565
                ppm.\16\ Therefore, EPA proposes to determine that future violations of
                the 1997 ozone NAAQS in the Greene County Area are unlikely.
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                 \15\ As explained in EPA's July 16, 2008 notice proposing to
                redesignate the Greene County Area as attainment for the 1997 ozone
                NAAQS (73 FR 40813), the 2003-2005 DV for the Greene County Area was
                0.081 ppm.
                 \16\ See U.S. EPA, ``Air Quality Modeling Technical Support
                Document for the Updated 2023 Projected Ozone Design Values,''
                Office of Air Quality Planning and Standards, dated June 2018,
                available at https://www.epa.gov/airmarkets/air-quality-modeling-technical-support-document-updated-2023-projected-ozone-design.
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                C. Continued Air Quality Monitoring and Verification of Continued
                Attainment
                 Once an area has been redesignated to attainment, the state remains
                obligated to maintain an air quality network in accordance with 40 CFR
                part 58 to verify the area's attainment status. In the February 25,
                2020 submittal, PADEP commits to continue to operate their air
                monitoring network in accordance with 40 CFR part 58. PADEP also
                commits to track the attainment status of the Greene County Area for
                the 1997 ozone NAAQS through the review of air quality and emissions
                data during the second maintenance period. This includes an annual
                evaluation of vehicles miles traveled (VMT) and stationary source
                emissions data compared to the assumptions included in the LMP. PADEP
                also states that it will evaluate the periodic (i.e., every three
                years) emission inventories prepared under EPA's Air Emission Reporting
                Requirements (40 CFR part 51, subpart A). Based on these evaluations,
                PADEP will consider whether any further emission control measures
                should be implemented for the Greene County Area. EPA has analyzed the
                commitments in PADEP's submittal and is proposing to determine that
                they meet the requirements for continued air quality monitoring and
                verification of continued attainment.
                D. Contingency Plan
                 The contingency plan provisions are designed to promptly correct or
                prevent a violation of the NAAQS that might occur after redesignation
                of an area to attainment. Section 175A of the CAA requires that a
                maintenance plan include such contingency measures as EPA deems
                necessary to assure that the state will promptly correct a violation of
                the NAAQS that occurs after redesignation. The maintenance plan should
                identify the contingency measures to be adopted, a schedule and
                procedure for adoption and implementation of the contingency measures,
                and a time limit for action by the state. The state should also
                identify specific indicators to be used to determine when the
                contingency measures need to be adopted and implemented. The
                maintenance plan must require that the state will implement all
                pollution control measures that were contained in the SIP before
                redesignation of the area to attainment. See section 175(A)(d) of the
                CAA.
                 PADEP's February 25, 2020 submittal includes a contingency plan for
                the Greene County Area. In the event that the fourth highest eight-hour
                ozone concentrations at a monitor in the Greene County Area exceeds 84
                parts per billion (ppb) (equivalent to 0.084 ppm) for two consecutive
                years, but prior to an actual violation of the NAAQS, PADEP will
                evaluate whether additional local emission control measures should be
                implemented that may prevent a violation of the NAAQS.\17\ After
                analyzing the conditions causing the excessive ozone levels, evaluating
                the effectiveness of potential corrective measures, and considering the
                potential effects of Federal, state, and local measures that have been
                adopted but not yet implemented, PADEP will begin the process of
                implementing selected measures so that they can be enacted as
                expeditiously as practicable following a violation of the NAAQS. In the
                event of a violation, PADEP commits to adopting additional emission
                reduction measures as expeditiously as practicable in accordance with
                the schedule included in the contingency plan as well as the CAA and
                applicable Pennsylvania statutory requirements.
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                 \17\ A violation of the NAAQS occurs when an area's 3-year
                design value exceeds the NAAQS.
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                 PADEP will use the following criteria when considering additional
                emission reduction measures to adopt to address a violation of the 1997
                ozone NAAQS in the Greene County Area: (1) Air quality analysis
                indicating the nature of the violation, including the cause, location,
                and source; (2) emission reduction potential, including extent to which
                emission generating sources occur in the nonattainment area; (3)
                timeliness of implementation in terms of the potential to return the
                area to attainment as expeditiously as practicable; and (4) costs,
                equity, and cost-effectiveness. The measures PADEP would consider
                pursuing for adoption in the Greene County Area include, but are not
                limited to, those summarized in Table 3. If additional emission
                reductions are necessary, PADEP commits to adopt additional emission
                reduction measures to attain and maintain the 1997 ozone NAAQS.
                Table 3--Greene County Area Second Maintenance Plan Contingency Measures
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                Non-Regulatory Measures
                 Voluntary diesel engine ``chip reflash'' (installation software to
                 correct the defeat device option on certain heavy-duty diesel
                 engines).
                 Diesel retrofit (including replacement, repowering or alternative
                 fuel use) for public or private local onroad or offroad fleets.
                [[Page 36677]]
                
                 Idling reduction technology for Class 2 yard locomotives.
                 Idling reduction technologies or strategies for truck stops,
                 warehouses, and other freight-handling facilities.
                 Accelerated turnover of lawn and garden equipment, especially
                 commercial equipment, including promotion of electric equipment.
                 Additional promotion of alternative fuel (e.g., biodiesel) for home
                 heating and agricultural use.
                Regulatory Measures \18\
                 Additional control on consumer products. \19\
                 Additional controls on portable fuel containers. \20\
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                 The contingency plan includes schedules for the adoption and
                implementation of both non-regulatory and regulatory contingency
                measures, which are summarized in Tables 4 and 5, respectively.
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                 \18\ These regulatory measures were considered potential cost-
                effective and timely control strategies by the Ozone Transport
                Commission (OTC) as well as the Mid-Atlantic Regional Air Management
                Association and the Mid-Atlantic/Northeast Visibility Union. The OTC
                is a multi-state organization responsible for developing regional
                solutions to ground-level ozone pollution in the Northeast and Mid-
                Atlantic, including the development of model rules that member
                states may adopt. OTC member states include: Connecticut, Delaware,
                the District of Columbia, Maine, Maryland, Massachusetts, New
                Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,
                Vermont, and Virginia. For more information on the OTC, visit
                https://otcair.org/index.asp. To view the model rules developed by
                the OTC, including those for consumer products and portable fuel
                containers, visit https://otcair.org/document.asp?fview=modelrules.
                 \19\ Pennsylvania's existing controls on consumer products are
                under 25 Pa. Code Chapter 130, Subchapters B and C (38 Pa.B. 5598).
                This contingency measure includes the adoption of additional
                controls on consumer products such as VOC limits for adhesive
                removers.
                 \20\ Existing controls on portable fuel containers can be found
                under 40 CFR part 59, subpart F--Control of Evaporative Emissions
                From New and In-Use Portable Fuel Containers.
                 Table 4--Implementation Schedule for Greene County Area Non-Regulatory
                 Contingency Measures
                ------------------------------------------------------------------------
                 Time after triggering event Action
                ------------------------------------------------------------------------
                Within 2 months.............. PADEP will identify stakeholders for
                 potential non-regulatory measures for
                 further development.
                Within 3 months.............. If funding is necessary, PADEP will
                 identify potential sources of funding
                 and the timeframe for when funds would
                 be available.
                Within 9 months.............. If state loans or grants are required,
                 PADEP will enter into agreements with
                 implementing organizations. PADEP will
                 also quantify projected emission
                 benefits.
                Within 12 months............. PADEP will submit revised SIP to EPA.
                Within 12-24 months.......... PADEP will implement strategies and
                 projects.
                ------------------------------------------------------------------------
                Table 5-- Implementation Schedule for Greene Area Regulatory Contingency
                 Measures
                ------------------------------------------------------------------------
                 Time after triggering event Action
                ------------------------------------------------------------------------
                Within 1 month............... PADEP will submit request to begin
                 regulatory development process.
                Within 3 months.............. Request will be reviewed by the Air
                 Quality Technical Advisory Committee
                 (AQTAC), Citizens Advisory Council, and
                 other advisory committees as
                 appropriate.
                Within 6 months.............. Environmental Quality Board (EQB) meeting/
                 action.
                Within 8 months.............. PADEP will publish regulatory measure in
                 the Pennsylvania Bulletin for comment as
                 proposed rulemaking.
                Within 10 months............. PADEP will hold a public hearing and
                 comment period on proposed rulemaking.
                Within 11 months............. House and Senate Standing Committee and
                 Independent Regulatory Review Commission
                 (IRCC) comment on proposed rulemaking.
                Within 13 months............. AQTAC, Citizens Advisory Council, and
                 other committees will review responses
                 to comment(s), if applicable, and the
                 draft final rule.
                Within 16 months............. EQB meeting/action.
                Within 17 months............. The IRCC will take action on final rule
                Within 18 months............. Attorney General's review/action.
                Within 19 months............. PADEP will publish the regulatory measure
                 as a final rule in the Pennsylvania
                 Bulletin and submit to EPA as a SIP
                 revision. The regulation will become
                 effective upon publication in the
                 Pennsylvania Bulletin.
                ------------------------------------------------------------------------
                 EPA proposes to find that the contingency plan included in PADEP's
                February 25, 2020 submittal satisfies the pertinent requirements of CAA
                section 175A(d). EPA notes that while five of the potential contingency
                measures included in the Commonwealth's second maintenance plan are
                non-regulatory, their inclusion among other measures is overall SIP-
                strengthening, and their inclusion does not alter EPA's proposal to
                find the LMP is fully approvable. EPA also finds that the submittal
                acknowledges Pennsylvania's continuing requirement to implement all
                pollution control measures that were contained in the SIP before
                redesignation of the Greene County Area to attainment.
                E. Transportation Conformity
                 Transportation conformity is required by section 176(c) of the CAA.
                Conformity to a SIP means that transportation activities will not
                produce new air quality violations, worsen existing violations, or
                delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's
                conformity rule at 40 CFR part 93 requires that transportation plans,
                programs and projects conform to SIPs and establish the criteria and
                procedures for determining whether they conform. The conformity rule
                generally requires a demonstration that emissions from the Regional
                Transportation Plan (RTP) and Transportation Improvement Program (TIP)
                are consistent with the motor vehicle emissions budget (MVEB) contained
                in the control strategy SIP revision or maintenance plan (40 CFR
                [[Page 36678]]
                93.101, 93.118, and 93.124). An MVEB is defined as ``that portion of
                the total allowable emissions defined in the submitted or approved
                control strategy implementation plan revision or maintenance plan for a
                certain date for the purpose of meeting reasonable further progress
                milestones or demonstrating attainment or maintenance of the NAAQS, for
                any criteria pollutant or its precursors, allocated to highway and
                transit vehicle use and emissions (40 CFR 93.101).''
                 Under the conformity rule, LMP areas may demonstrate conformity
                without a regional emission analysis (40 CFR 93.109(e)). However,
                because LMP areas are still maintenance areas, certain aspects of
                transportation conformity determinations still will be required for
                transportation plans, programs, and projects. Specifically, for such
                determination, RTPs, TIPs, and transportation projects still will have
                to demonstrate that they are fiscally constrained (40 CFR 93.108), meet
                the criteria for consultation (40 CFR 93.105 and 93.112) and
                transportation control measure implementation in the conformity rule
                provisions (40 CFR 93.113). Additionally, conformity determinations for
                RTPs and TIPs must be determined no less frequently than every four
                years, and conformity of plan and TIP amendments and transportation
                projects is demonstrated in accordance with the timing requirements
                specified in 40 CFR 93.104. In addition, for projects to be approved,
                they must come from a currently conforming RTP and TIP (40 CFR 93.114
                and 93.115). The Greene County Area remains under the obligation to
                meet the applicable conformity requirements for the 1997 ozone NAAQS.
                III. Proposed Action
                 EPA's review of PADEP's February 25, 2020 submittal indicates that
                it meets all applicable CAA requirements, specifically the requirements
                of section 175A. EPA is proposing to approve the second maintenance
                plan for the Greene County Area as a revision to the Pennsylvania SIP.
                EPA is soliciting public comments on the issues discussed in this
                document. These comments will be considered before taking final action.
                IV. Statutory and Executive Order Reviews
                 Under the CAA, the Administrator is required to approve a SIP
                submission that complies with the provisions of the CAA and applicable
                Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
                reviewing SIP submissions EPA's role is to approve state choices if
                they meet the criteria of the CAA. Accordingly, this action merely
                approves state law as meeting Federal requirements and does not impose
                additional requirements beyond those imposed by state law. For that
                reason, this proposed action:
                 Is not a ``significant regulatory action'' subject to
                review by the Office of Management and Budget under Executive Orders
                12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
                2011);
                 Does not impose an information collection burden under the
                provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
                 Is certified as not having a significant economic impact
                on a substantial number of small entities under the Regulatory
                Flexibility Act (5 U.S.C. 601 et seq.);
                 Does not contain any unfunded mandate or significantly or
                uniquely affect small governments, as described in the Unfunded
                Mandates Reform Act of 1995 (Pub. L. 104-4);
                 Does not have Federalism implications as specified in
                Executive Order 13132 (64 FR 43255, August 10, 1999);
                 Is not an economically significant regulatory action based
                on health or safety risks subject to Executive Order 13045 (62 FR
                19885, April 23, 1997);
                 Is not a significant regulatory action subject to
                Executive Order 13211 (66 FR 28355, May 22, 2001);
                 Is not subject to requirements of section 12(d) of the
                National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
                note) because application of those requirements would be inconsistent
                with the CAA; and
                 Does not provide EPA with the discretionary authority to
                address, as appropriate, disproportionate human health or environmental
                effects, using practicable and legally permissible methods, under
                Executive Order 12898 (59 FR 7629, February 16, 1994).
                 In addition, this proposed rulemaking, proposing approval of
                Pennsylvania's second maintenance plan for the Greene County Area, does
                not have tribal implications as specified by Executive Order 13175 (65
                FR 67249, November 9, 2000), because the SIP is not approved to apply
                in Indian country located in the State, and EPA notes that it will not
                impose substantial direct costs on tribal governments or preempt tribal
                law.
                List of Subjects in 40 CFR Part 52
                 Environmental protection, Air pollution control, Incorporation by
                reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
                 Dated: July 7, 2021.
                Diana Esher,
                Acting Regional Administrator, Region III.
                [FR Doc. 2021-14853 Filed 7-12-21; 8:45 am]
                BILLING CODE 6560-50-P
                

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