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State Implementation Plan (SIP) Revision & Designated Pollutant Plan Approvals


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The following proposed SIP revision approval for Pennsylvania appears in the February 17, 2015 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Pennsylvania Portion of the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard - 80 FR 8254 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve the Commonwealth of Pennsylvania’s September 5, 2014 request to redesignate to attainment the Pennsylvania portion of the Philadelphia-Wilmington, PA-NJ-DE nonattainment area (hereafter “the Philadelphia Area” or “the Area”) for both the 1997 annual and the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS or standards). EPA is also proposing to approve as a revision to the Pennsylvania State Implementation Plan (SIP) the associated maintenance plan to show maintenance of the 1997 annual and the 2006 24-hour PM2.5 NAAQS through 2025 for the Pennsylvania portion of the Area. EPA is also proposing to approve the motor vehicle emissions budgets (MVEBs) included in Pennsylvania’s maintenance plan for the Pennsylvania portion of the Area for both the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA is also proposing to determine that the Pennsylvania portion of the Philadelphia Area continues to attain both the 1997 annual and the 2006 24-hour PM2.5 NAAQS. In addition, EPA is proposing to approve the 2007 emissions inventory included in the maintenance plan for the Pennsylvania portion of the Area for the 2006 24-hour PM2.5 NAAQS. In this rulemaking action, EPA also addresses the effects of several decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit Court) and a decision of the United States Supreme Court: (1) The D.C. Circuit Court’s August 21, 2012 decision to vacate and remand to EPA the Cross-State Air Pollution Control Rule (CSAPR); (2) the Supreme Court’s April 29, 2014 reversal of the vacature of CSAPR, and remand to the D.C. Circuit Court; (3) the D.C. Circuit Court’s October 23, 2014 decision to lift the stay of CSAPR; and (4) the D.C. Circuit Court’s January 4, 2013 decision to remand to EPA two final rules implementing the 1997 annual PM2.5 NAAQS. This rulemaking action to propose approval of the 1997 annual and 2006 24-hour PM2.5 NAAQS redesignation request and associated maintenance plan for the Pennsylvania portion of the Philadelphia Area is based on EPA’s determination that Pennsylvania has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA) for both the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA has taken separate rulemaking actions to approve the redesignation of the New Jersey portion and the Delaware portion of the Philadelphia Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS. See 78 FR 54396, September 4, 2013 (for the New Jersey portion of the Area), and 79 FR 45350, August 5, 2014 (for the Delaware portion of the Area).

Interested parties may submit comments to EPA by March 19, 2015.  Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.


The following SIP revision approval for West Virginia appears in the February 13, 2015 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; West Virginia’s Redesignation Request and Associated Maintenance Plan of the West Virginia Portion of the Martinsburg-Hagerstown, WV-MD Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard; Correction - 80 FR 7970 (Final Rule; correcting amendment)

SUMMARY: This document corrects an error in the rule language of a final rule pertaining to West Virginia’s request to redesignate to attainment the West Virginia portion of the Martinsburg-Hagerstown, WV-MD nonattainment area for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS), which was published in the Federal Register on Tuesday, November 25, 2014 (79 FR 70099).

This rule becomes effective on February 13, 2015.


The following SIP revision approval for Pennsylvania appears in the February 11, 2015 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Harrisburg-Lebanon-Carlisle-York Nonattainment Areas to Attainment for the 1997 Annual and the 2006 24-Hour Fine Particulate Matter Standard; Correction - 80 FR 7540 (Final Rule; correcting amendment)

SUMMARY: This document corrects errors in the rule language of a final rule pertaining to the Commonwealth of Pennsylvania’s requests to redesignate to attainment the Harrisburg- Lebanon-Carlisle and York nonattainment areas for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS) and the Harrisburg- Lebanon-Carlisle- York 2006 24-hour PM2.5 NAAQS nonattainment area, which was published in the Federal Register on Tuesday, December 8, 2014 (79 FR 72552).

This rule becomes effective on February 11, 2015.


The following proposed SIP revision approval for Pennsylvania appears in the February 6, 2015 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Infrastructure Requirements for the 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine Particulate Matter National Ambient Air Quality Standards -80 FR 6672 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve portions of four State Implementation Plan (SIP) revision submittals from the Commonwealth of Pennsylvania pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. Pennsylvania has made four separate submittals addressing the infrastructure requirements for the 2008 ozone, the 2010 nitrogen dioxide (NO2), the 2010 sulfur dioxide (SO2), and the 2012 fine particulate matter (PM2.5) NAAQS. In this rulemaking action, EPA is proposing to approve, in accordance with the requirements of the CAA, the four infrastructure SIP submissions with the exception of some portions of the submittals addressing visibility protection.

Interested parties may submit comments to EPA by March 9, 2015.  Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.


The following proposed SIP revision approval for West Virginia appears in the February 5, 2015 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas -80 FR 6491 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is proposing to grant approval to four State Implementation Plan (SIP) revisions submitted by the West Virginia Department of Environmental Protection for the State of West Virginia on June 29, 2010, July 8, 2011, July 6, 2012, and July 1, 2014 with the exception of certain revisions related to ethanol production facilities on which EPA is taking no action at this time. These revisions proposed for approval pertain to West Virginia’s nonattainment New Source Review (NSR) program, notably provisions for preconstruction permitting requirements for major sources of fine particulate matter (PM2.5) and NSR reform. This action is being taken under the Clean Air Act (CAA).

Interested parties may submit comments to EPA by March 9, 2015.  Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.


The following proposed SIP revision approval for Pennsylvania appears in the February 4, 2015 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Allentown Nonattainment Area to Attainment for the 2006 24-Hour Fine Particulate Matter Standard - 80 FR 6019 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve the Commonwealth of Pennsylvania’s request to redesignate to attainment the Allentown nonattainment area (Allentown Area or Area) for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). EPA is also proposing to determine that the Allentown Area continues to attain the 2006 24-hour PM2.5 NAAQS. In addition, EPA is proposing to approve as a revision to the Pennsylvania State Implementation Plan (SIP) the associated maintenance plan to show maintenance of the 2006 24-hour PM2.5 NAAQS through 2025 for the Area. The maintenance plan includes the 2017 and 2025 PM2.5 and nitrogen oxides (NOx) mobile vehicle emissions budgets (MVEBs) for the Area for the 2006 24-hour PM2.5 NAAQS, which EPA is proposing to approve for transportation conformity purposes. Finally, EPA is proposing to approve as a revision to the Pennsylvania SIP the 2007 base year emissions inventory for the Area for the 2006 24-hour PM2.5 NAAQS. This rulemaking action to propose approval of the 2006 24-hour PM2.5 NAAQS redesignation request and associated maintenance plan for the Allentown Area is based on EPA’s determination that Pennsylvania has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA) for the 2006 24- hour PM2.5 NAAQS.

Interested parties may submit comments to EPA by March 6, 2015.  Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.


The following proposed SIP revision approvals for the District of Columbia and Pennsylvania appear in the January 21, 2015 Federal Register:

1. Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Infrastructure Requirements for the 2008 Ozone, 2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air Quality Standards; Approval of Air Pollution Emergency Episode Plan - 80 FR 2865 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve portions of three State Implementation Plan (SIP) revision submittals from the District of Columbia (hereafter “the District”) pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The District has made three separate submittals addressing the infrastructure requirements for the 2008 ozone NAAQS, the 2010 nitrogen dioxide (NO2) NAAQS, and the 2010 sulfur dioxide (SO2) NAAQS. One of the infrastructure submittals also includes the “Revised Air Quality Emergency Plan for the District of Columbia” for satisfying EPA’s requirements for air quality emergency episodes. In this rulemaking action, EPA is proposing to approve, in accordance with the requirements of the CAA: The three infrastructure SIP submissions with the exception of the portions of the submittals addressing transport of pollution and the portions of the submittals addressing the Prevention of Significant Deterioration (PSD) permitting requirements; and the District’s Air Quality Emergency Plan which also meets EPA’s requirements for air pollution prevention contingency plans.

Interested parties may submit comments to EPA by February 20, 2015.  Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.

2. Approval and Promulgation of Implementation Plans; Pennsylvania; Pennsylvania Regional Haze State Implementation Plan Revision: Sulfur Dioxide and Nitrogen Oxide Best Available Retrofit Technology Limits for the Cheswick Power Plant 80 FR 2841 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is proposing limited approval and limited disapproval of a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP). This SIP revision addresses the sulfur dioxide (SO2) and nitrogen oxide (NOx) Best Available Retrofit Technology (BART) requirements for Boiler Number 1 of the Cheswick Generating Station (Cheswick) in Allegheny County. EPA is proposing a limited approval of the SIP revision for Cheswick’s SO2 and NOx BART requirements on the basis that the revision corrects an error in the SIP and strengthens the Pennsylvania SIP, while EPA is also proposing a limited disapproval of this part of the SIP revision because the SIP revision relies on the Clean Air Interstate Rule (CAIR) and not the Cross-State Air Pollution Rule (CSAPR) which has replaced CAIR. EPA is proposing limited approval and limited disapproval of the Pennsylvania SIP revision addressing the SO2 and NOx BART requirements in accordance with the requirements of the Clean Air Act (CAA) and EPA’s rules for BART.

Interested parties may submit comments to EPA by February 20, 2015.  Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.


The following SIP revision approvals for Pennsylvania and Virginia appear in the January 21, 2015 Federal Register:

1. Approval and Promulgation of Implementation Plans; Pennsylvania; Pennsylvania Regional Haze State Implementation Plan Revision - Particulate Matter Best Available Retrofit Technology Limit for the Cheswick Power Plant in Allegheny County - 80 FR 2834 (Final Rule)

SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP). This SIP revision addresses an error in the Best Available Retrofit Technology (BART) requirements for Boiler Number 1 of the Cheswick Generating Station (Cheswick) in Allegheny County. EPA is approving the portion of Pennsylvania’s SIP revision addressing the particulate matter (PM) BART requirements as it is in accordance with the requirements of the Clean Air Act (CAA) and EPA’s rules for BART.

This rule becomes effective on February 20, 2015.

2. Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions to the State Implementation Plan Approved by EPA through Letter Notice Actions 80 FR 2832 (Final Rule)

SUMMARY: The Environmental Protection Agency (EPA) is taking final action on administrative changes to the Virginia State Implementation Plan (SIP) which EPA had previously approved through a Letter Notice action. The revision will allow the Commonwealth of Virginia to submit SIP revision requests to EPA via electronic submission, with a caveat. EPA has approved this revision which allows electronic submission of SIP revision requests from Virginia. The Commonwealth will continue to supply additional paper copies as currently described in, and in accordance with, the requirements of the Clean Air Act (CAA) until such time as EPA amends the Federal regulations to allow sole electronic submissions of SIP requests. EPA has determined that this action falls under the “good cause” exemption in the Administrative Procedure Act (APA), which authorizes agencies to dispense with public participation and which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA).

This rule becomes effective on January 21, 2015.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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