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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules and Regulations Dated: May 5, 2021.
P.M. Hilbert, Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
FR Doc. 202110085 Filed 51121; 8:45 am BILLING CODE 911004P

ENVIRONMENTAL PROTECTION
AGENCY

FOR FURTHER INFORMATION CONTACT:

Amy Johansen, Permits Branch 3AD10, Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is 215 8142156.
Ms. Johansen can also be reached via electronic mail at johansen.amy@
epa.gov.
SUPPLEMENTARY INFORMATION:

40 CFR Part 52

I. Background On March 9, 2021 86 FR 13511, EPA
published a notice of proposed rulemaking NPRM for the Air Plan Approval; Pennsylvania;
Commonwealth of Pennsylvania. In the Regulatory Updates to Nonattainment New Source Review NNSR Permitting NPRM, EPA proposed approval of Requirements for 2012 Fine Particulate amendments to 25 Pa. Code Chapters 121 General Provisions and 127
Matter PM2.5 National Ambient Air Construction, Modification, Quality Standard NAAQS
Reactivation and Operation of Sources AGENCY: Environmental Protection to implement Federal NNSR provisions Agency EPA.
for the 2012 PM2.5 NAAQS. Specifically, the SIP revision establishes that ACTION: Final rule.
emissions of volatile organic SUMMARY: The Environmental Protection compounds VOC and ammonia are Agency EPA is approving a state precursors to PM2.5 for new and implementation plan SIP revision modified major sources emitting PM2.5
submitted by the Commonwealth of in nonattainment areas for PM2.5 in Pennsylvania, on March 10, 2020. This Pennsylvania; 1 establishes a significant revision pertains to the Pennsylvania impact level for PM2.5; proposes Department of Environmental emission offset ratios for emissions of Protections PADEP amendments to 25 VOC and ammonia as PM2.5 precursors;
Pa. Code Chapters 121 General and amends relevant definitions. The Provisions and 127 Construction, formal SIP revision was submitted by Modification, Reactivation and PADEP on March 10, 2020.
EPA has revised the NAAQS for PM2.5
Operation of Sources to implement on multiple occasions, most recently in Federal nonattainment new source 2012. On December 14, 2012, the annual review NNSR provisions for the 2012
primary standard for PM2.5 was lowered annual fine particulate matter PM2.5
from 15 micrograms per meter cubed national ambient air quality standard mg/m3 to 12 mg/m3. See 78 FR 3087
NAAQS. EPA is approving these January 15, 2013. The existing 24-hour revisions to the Pennsylvania SIP in accordance with the requirements of the standards primary and secondary were retained at 35 mg/m3, as was the annual Clean Air Act CAA.
secondary standard of 15 mg/m3. Upon DATES: This final rule is effective on promulgation of the 2012 PM2.5 NAAQS, June 11, 2021.
EPA formally classified all of Delaware ADDRESSES: EPA has established a County and Lebanon County, docket for this action under Docket ID
Pennsylvania as moderate Number EPAR03OAR20200416. All nonattainment for the 2012 annual documents in the docket are listed on PM2.5 standard. See 80 FR 2206 January the https www.regulations.gov 15, 2015.2 For areas designated as website. Although listed in the index, nonattainment for one or more NAAQS, some information is not publicly the SIP must include preconstruction available, e.g., confidential business permit requirements for new or information CBI or other information whose disclosure is restricted by statute. modified major stationary sources of such nonattainment pollutants, Certain other material, such as commonly referred to as copyrighted material, is not placed on the internet and will be publicly 1 Allegheny County, Pennsylvania sources are available only in hard copy form.
regulated under the Allegheny County Health Publicly available docket materials are Departments Article XXI, not PADEP 25 Pa. Code.
2 EPA subsequently issued Additional Air Quality available through https
Designations and Technical Amendment to Correct www.regulations.gov, or please contact Error in Air Quality Designations for the person identified in the FOR FURTHER Inadvertent the 2012 Primary Annual Fine Particulate Matter INFORMATION CONTACT section for PM2.5, which impacted Delaware and Lebanon counties. 80 FR 18535, 18549 April 7, 2015.
additional availability information.

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Nonattainment New Source Review.
See CAA section 172c5.
PADEPs SIP revision revises NNSR
permit requirements for major sources of PM2.5. Specifically, PADEPs 25 Pa.
Code Chapters 121 and 127 have been amended to implement additional provisions pertaining to PM2.5
precursors, as promulgated in EPAs rule entitled Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements 2016 Implementation Rule. 81 FR 58010 August 24, 2016.
As required by EPAs 2016
Implementation Rule, which implements the D.C. Circuit courts January 2013 decision in NRDC v. EPA,3
areas classified as nonattainment for any PM2.5 NAAQS are required to comply with the parts of CAA subpart 4 section 189e that require the control of major 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. 4 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.
II. Summary of SIP Revision and EPA
Analysis A. Summary of SIP Revision 25 Pa. Code Chapters 121 and 127
address NNSR permit requirements for major sources of PM2.5. PADEPs SIP
revision has been amended to implement additional provisions pertaining to precursors, as promulgated in EPAs final 2016 Implementation Rule.
B. EPAs Proposed Action At proposal, EPA evaluated the revised portions 25 Pa. Code Chapters 121 and 127 to determine if the revisions meet current applicable requirements for a PM2.5 NNSR permit program, as revised by EPAs 2016
Implementation Rule. 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 3 706

F.3d 428 D.C. Cir. 2013.
requirement was codified in 40 CFR
51.165a13. See 81 FR 58010 August 24, 2016.
4 This
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