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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules updates PADEPs regulations to include the required PM2.5 NNSR provisions in response to EPAs 2016 Implementation Rule requirements. See 81 FR 58010
August 24, 2016 and 40 CFR 51.165.
As a result of EPAs Findings, Pennsylvania was required to either submit and obtain EPA approval of redesignation requests for the 2012
PM2.5 standard, or to submit a complete SIP submission addressing PM2.5
precursors under NNSR. These rulemaking actions were required to be submitted to EPA by November 7, 2019
to avoid mandatory sanctions under CAA section 179. After it issued its Findings, EPA subsequently redesignated both Lebanon and Delaware County, Pennsylvania to attainment for the 2012 PM2.5 NAAQS, which became effective on October 30, 2019. 84 FR 51420 September 30, 2019, effective on October 30, 2019. As stated in our redesignation document, EPAs redesignation nullified the failure to submit findings and stopped the sanctions clock.
However, in addition to PADEP
submitting redesignation requests now approved by EPA, it also drafted regulatory provisions in response to EPAs Final 2016 Implementation Rule, as it relates to NNSR.5 On March 10, 2020, PADEP submitted those regulatory changes to EPA for approval into the Pennsylvania SIP.

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II. Summary of SIP Revision and EPA
Analysis A. Summary of SIP Revision PADEPs Environmental Quality Board EQB adopted changes to 25 Pa.
Code Chapters 121 and 127 and those changes became effective upon publication in the Pennsylvania Bulletin on December 21, 2019. PADEP
submitted those changes as a SIP
revision to EPA for inclusion in the Pennsylvania SIP on March 10, 2020, via the EPA State Planning electronic Collaboration System SPeCS.
For areas designated as nonattainment for one or more NAAQS, the SIP must include preconstruction permit requirements for new or modified major stationary sources of such nonattainment pollutants, commonly referred to as NNSR. CAA 172c5.
PADEPs 25 Pa. Code Chapters 121 and 127 address NNSR permit requirements for major sources of PM2.5, as amended, to implement additional provisions pertaining to precursors, as promulgated in EPAs final 2016 Implementation Rule.6
5 See 84 FR 51420 September 30, 2019, effective on October 30, 2019.
6 See 81 FR 58010 August 24, 2016.

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B. EPAs Analysis For additional information related to EPAs analysis of revisions to 25 Pa.
Code, please refer to Section 6 of EPAs TSD, located in Docket ID No. EPA
R03OAR20200416 at https
www.regulations.gov.
Under EPAs 2016 Implementation Rule, which in part implements the D.C.
Circuit Courts January 2013 decision in NRDC v. EPA,7 areas classified as nonattainment for any PM2.5 NAAQS
are required to comply with the parts of CAA subpart 4 section 189e 8 that require the control of major stationary sources of PM10 precursors and hence under the court decision, PM2.5
precursors except where the Administrator determines that such sources do not contribute significantly to PM10 levels which exceed the standard in the area. As mentioned previously, the 2016 Implementation Rule amended the definitions of 1
regulated NSR pollutant with regard to PM2.5 precursors; 2 major stationary source with regard to major sources of direct PM2.5 emissions and PM2.5 precursors locating in PM2.5
nonattainment areas classified as moderate and serious; and 3
significant with regard to emissions of direct PM2.5 and its precursors. 25 Pa.
Code Chapters 121 General Provisions and 127 Construction, Modification, Reactivation and Operation of Sources;
specifically, Subchapter E related to new source review are subject to these new regulatory requirements. Delaware County and Lebanon County, Pennsylvania were classified as moderate nonattainment areas for the 2012 PM2.5 NAAQS.9 The major source permitting threshold for a moderate PM2.5 nonattainment area is 100 tons per year tpy of direct PM2.5 or any PM2.5
precursor, and 70 tpy for a serious PM2.5
nonattainment area.10
As more fully discussed in Section 6
of the TSD for this proposed approval, EPA evaluated the revised portions of 25 Pa. Code Chapters 121 General Provisions and 127 Construction, Modification, Reactivation and Operation of Sources; specifically, Sections 121.1 Definitions and Subchapter E related to new source 7 706

F.3d 428 D.C. Cir. 2013.
requirement was codified in 40 CFR
51.165a13. See 81 FR 58010 August 24, 2016.
9 On January 15, 2015, EPA designated all of Delaware County and Lebanon County as moderate nonattainment for the 2012 annual PM2.5 standard.
See 80 FR 2206 January 15, 2015.
10 While Delaware County and Lebanon County were not classified as serious nonattainment areas for the PM2.5 NAAQS, PADEP has revised 25 Pa.
Code to include the lower emissions threshold of 70 tpy for direct PM2.5 and all four PM2.5 precursors.
8 This
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review 127.202, 127.203a, and 127.210a relating to Effective date, Facilities subject to special permit requirements, and Offset ratios, respectively to determine if the revisions meet current applicable requirements for a PM2.5 NNSR permit program. 25 Pa. Code 121.11
contains revisions to clarify that 25 Pa.
Code applies to major polluting facilities that will emit PM2.5 or its precursors in areas designated as nonattainment for PM2.5; 2 the definition of major facility has been updated to include a 70 tpy emissions threshold for PM2.5 and all precursors to PM2.5 in a serious nonattainment area;
3 the definition of regulated NSR
pollutant has been updated to include sulfur dioxide SO2, VOC, and ammonia in all PM2.5 nonattainment areas; 4 revisions were made to the definition of significant to include emission rates for PM2.5 at 10 tpy and emission rates for PM2.5 precursors as follows: 40 tpy of SO2, 40 tpy of VOC, 40 tpy of ammonia, and 40 tpy of nitrogen oxides NOX. EPA finds these revisions approvable. Section 127.202aEffective date, was amended to establish that emission of VOC and ammonia will be regulated as PM2.5 precursors after the effective date of the adoption of the proposed rulemaking. The proposed amendments to 25 Pa. Code Chapters 121 and 127, became effective December 21, 2019.
Section 127.203aFacilities subject to special permit requirements, was amended to add significant air quality impact levels for PM2.5 at 0.2mg/m3 for the annual averaging time and 1.2 mg/m3
for the 24-hour averaging time. PADEPs annual averaging time is more stringent than what EPA requires in 40 CFR
51.165b2, therefore, EPA finds this more stringent requirement approvable.
Section 127.210aOffset ratios, establishes offset ratios for VOC and ammonia at a ratio of 1:1 for flue emissions and fugitive emissions. EPA
finds the addition of offset ratios to be approvable.
III. Proposed Action EPAs review of this material indicates that PADEPs March 10, 2020
SIP submittal is approvable and meets the requirements of 40 CFR 51.165 and are in accordance with CAA section 110. EPA is proposing to approve the March 10, 2020 submittal, which included revisions to 25 Pa. Code Chapters 121 General Provisions and 127 Construction, Modification, Reactivation and Operation of Sources, as a revision to the Pennsylvania SIP.
EPA is soliciting public comments on the issues discussed in this document.

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