[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Proposed Rules]
[Pages 53932-53936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13972]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0300; FRL-11403-01-R3]
Air Plan Approval; Pennsylvania; Oil and Natural Gas Control
Measures for 2008 and 2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State implementation plan (SIP) revisions submitted by the
Commonwealth of Pennsylvania. The revisions establish and require
reasonably available control technology (RACT) requirements for the
2008 and 2015 ozone national ambient air quality standards (NAAQS) for
each category of volatile organic compound (VOC) sources in
Pennsylvania covered by the EPA's 2016 control techniques guidelines
(CTG) for the oil and gas industry. EPA is also proposing to approve
Allegheny County, Pennsylvania's incorporation of the Pennsylvania
regulations into the Allegheny County SIP with minor changes to
reference Allegheny County's existing regulations. This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 29, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2023-0300 at 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 (i.e., 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 www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Michael O'Shea, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2064. Dr. O'Shea can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: On December 12, 2022, the Pennsylvania
Department of Environmental Protection (PADEP) submitted a revision to
its SIP establishing RACT requirements for the 2008 and 2015 ozone
NAAQS to control VOC emissions from sources covered by EPA's 2016 CTG
for the oil and gas industry. On September 8, 2023, the Allegheny
County Health Department (ACHD) submitted a revision to the Allegheny
County SIP incorporating by reference (IBR) the aforementioned
Pennsylvania regulations with minor modifications to Pennsylvania's
regulations in order to refer to offices, officers, and make proper
cross references to the existing Allegheny County regulations and EPA-
approved SIP.
I. Background
A. Final Control Techniques Guidelines for the Oil and Natural Gas
Industry
On October 27, 2016, EPA published in the Federal Register the
``Final Control Techniques Guidelines for the Oil and Natural Gas
Industry'' (EPA's 2016 Oil and Gas CTG) (81 FR 74798).\1\ EPA's 2016
Oil and Gas CTG provided information to state, local, and Tribal air
agencies to assist them in determining RACT for VOC emissions from
select oil and natural gas industry emission sources. CAA section
182(b)(2)(A) and (B) requires that for ozone nonattainment areas
classified as Moderate or above, states must revise their SIPs to
include provisions to implement RACT for each category of VOC sources
covered by a CTG document. CAA section 184(b)(1)(B) extends this RACT
obligation to all areas of states within the Ozone Transport Region
(OTR). EPA classifies nonattainment areas based on the severity of
their ozone problem. Nonattainment areas fall into five
[[Page 53933]]
categories: Marginal, Moderate, Serious, Severe, and Extreme. The
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA-
NJ-MD-DE area is classified as Marginal nonattainment for the 2008
ozone standard, and as Moderate nonattainment for the 2015 ozone
standard. The Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver
Valley,\2\ and Reading areas are classified as Marginal nonattainment
for the 2008 ozone standard, and attainment for the 2015 ozone
standard.\3\ Pennsylvania, which includes Allegheny County, is a State
within the OTR. See CAA section 184. States subject to RACT
requirements are required to adopt controls that represent reasonably
available control technology for sources covered by CTGs either via the
adoption of regulations, or by issuance of single source orders or
permits that specify what the source is required to do to meet RACT.
See CAA section 184(b)(1). PADEP, on behalf of the City of
Philadelphia, Department of Public Health, Air Management Services
(AMS), previously submitted a negative declaration, which EPA approved,
stating that Philadelphia County contained no source categories covered
by the 1983 Oil and Gas CTG as part of its SIP revision to address the
RACT requirements for the 2008 Ozone national ambient air quality
standard.\4\
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\1\ www.epa.gov/sites/default/files/2016-10/documents/2016-ctg-oil-and-gas.pdf.
\2\ www.epa.gov/green-book/green-book-8-hour-ozone-2008-area-information.
\3\ www.epa.gov/green-book/green-book-8-hour-ozone-2015-area-information.
\4\ The final rule action satisfying Philadelphia's VOC RACT
requirements for source categories covered by CTGs for the 2008
Ozone NAAQS was published on October 24, 2019, effective November
25, 2019 (84 FR 56946).
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B. Findings of Failure To Submit
On November 16, 2020, and December 16, 2021,\5\ EPA issued Findings
of Failure to Submit (FFS) which found that certain states, including
Pennsylvania, failed to submit SIP revisions in a timely manner to
satisfy the CAA's RACT requirement for either, or both of, the 2008 and
2015 Ozone NAAQS, to implement RACT for categories of sources addressed
by the EPA's 2016 Oil and Gas CTG. These findings of failure to submit
each established a 24-month deadline for EPA to either approve SIP
revisions or finalize Federal implementation plans (FIPs) to implement
RACT level controls for the categories of sources addressed in the CTG.
These actions also established timelines for the implementation of two
mandatory sanctions that would begin if the named states did not submit
complete SIP revisions to address the CTG: (1) eighteen months after
the effective date of these findings, a 2-to-1 offset ratio for the
nonattainment new source review (NSR) permitting program would go into
effect, such that for every unit of VOC or Nitrogen Oxides
(NOX) emissions a new or modified source will contribute to
the nonattainment area or OTR state, two units must be reduced; and (2)
six months after the date of offset sanctions, Federal highway funding
would be withheld in nonattainment areas. See 85 FR 72963 at 72965,
November 16, 2020.\6\ Pennsylvania did not submit a SIP revision to EPA
prior to June 16, 2022, so the offset sanctions identified in CAA
section 179(b)(2) began June 16, 2022.
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\5\ The finding of failure to submit for the EPA 2016 Oil and
Gas CTG for the 2008 NAAQS was issued and published on November 16,
2020 (85 FR 72963), with an effective date of December 16, 2020, and
for the 2015 NAAQS on December 16, 2021 (86 FR 71385), with an
effective date of January 18, 2022.
\6\ Findings of Failure To Submit State Implementation Plan
Revisions in Response to the EPA 2016 Oil and Natural Gas Industry
Control Techniques Guidelines for the 2008 Ozone National Ambient
Air Quality Standards (NAAQS) and for States in the Ozone Transport
Region, 85 FR 72963 (November 16, 2020).
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On December 12, 2022, PADEP submitted a SIP revision to implement
RACT-level controls on categories of sources addressed by the EPA's
2016 Oil and Gas CTG to fulfill obligations associated with the 2008
and 2015 ozone NAAQS.\7\ On September 8, 2023, PADEP submitted a SIP
revision on behalf of the ACHD \8\ which incorporated by reference,
with minor changes, Pennsylvania's regulations implementing RACT
controls for sources covered by EPA's 2016 Oil and Gas CTG for both the
2008 and 2015 ozone NAAQS. ACHD submitted this revision so that
regulations at the county level could be consistent with regulations at
the State level and in Pennsylvania's approved SIP. Except for minor
modifications, Allegheny County's regulation is identical to the
Pennsylvania regulations addressing EPA's 2016 Oil and Gas CTG.
Therefore, EPA's analysis of Pennsylvania's Oil and Gas regulation is
applicable to ACHD's regulation. ACHD's minor revisions to the
Pennsylvania regulations change cross references from Pennsylvania's
regulations to ACHD's regulations and substitute Allegheny County
offices and officials for state-level offices and officials referenced
in the Pennsylvania regulation. As such, ACHD relied upon PADEP's RACT
analysis and determinations to support its regulations. Therefore,
references to PADEP's analysis below also apply to ACHD's SIP revision.
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\7\ PADEP's SIP submission is located in the docket for this
proposed rulemaking and can be found under Docket ID Number EPA-R03-
OAR-2023-0300 at www.regulations.gov.
\8\ Article XXI Air Pollution Control, ACHD rules and
regulations, www.alleghenycounty.us/files/assets/county/v/1/
services/health/documents/air-quality/enforcement/regulations/
article-21-air-pollution-control.pdf. ACHD's SIP submission is
located in the docket for this proposed rulemaking and can be found
under Docket ID Number EPA-R03-OAR-2023-0300 at www.regulations.gov.
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EPA evaluated Pennsylvania's December 12, 2022 SIP submittal and
determined via a December 14, 2022 letter to PADEP that it was
administratively complete. This completeness determination rescinded
the offset sanctions that took effect on June 16, 2022 as a result of
EPA's November 16, 2020 FFS and prevented the imposition of Federal
highway sanctions that would have otherwise taken effect on December
16, 2022 as a result of EPA's 2020 FFS. The same completeness
determination also stopped the imposition of sanctions that could have
resulted from EPA's December 16, 2021 FFS for Pennsylvania's failure to
submit a SIP revision for the 2015 ozone NAAQS addressing the EPA's
2016 Oil and Gas CTG.
Finally, EPA's long-standing definition of RACT is ``the lowest
emission limit that a particular source is capable of meeting by the
application of control technology that is reasonably available
considering technological and economic feasibility.'' \9\
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\9\ See Memorandum, dated December 9, 1976, from Roger Strelow,
EPA, entitled ``Guidance for determining Acceptability of SIP
Regulations in Non-attainment Areas,'' available at www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/19761209_strelow_ract.pdf.
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II. Summary of Pennsylvania and Allegheny County's SIP Revision and
EPA's Analysis
Pennsylvania's and Allegheny County's SIP submissions included two
separate sets of nearly identical regulations for two types of oil and
natural gas sources as defined by Pennsylvania and Allegheny County:
``conventional'' oil and gas sources, and ``unconventional'' oil and
gas sources. EPA's 2016 Oil and Gas CTG does not distinguish between
the two types of sources. As defined by Pennsylvania, a conventional
gas well is located both above and below the Elk Sandstone and yields
gas or oil from a conventional formation in age. Pennsylvania defines
an unconventional well as a well that is drilled into an unconventional
formation, which is a geological shale formation located beneath the
Elk Sandstone or its geologic equivalent and in which natural gas
production is typically limited to horizontal or
[[Page 53934]]
vertical well bores that have been stimulated by hydraulic fracturing.
Despite being separate, both regulations (Regulation #7-544,
entitled ``Control of VOC Emissions from Conventional Oil and Natural
Gas Sources,'' and Regulation #7-580, entitled ``Control of VOC
Emissions from Unconventional Oil and Natural Gas Sources,'') \10\ are
nearly identical and have no technical differences. ACHD is
incorporating by reference the requirements of regulations 7-544 and 7-
580 into Allegheny County's regulations.\11\
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\10\ Both proposed regulations can be found in the Pennsylvania
Bulletin at 52 Pa. B 7635, and 52 Pa. B. 7587 (December 10, 2022),
at www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-50/1925.html&d=reduce (conventional) and
www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-50/1924.html&d=reduce (unconventional).
\11\ The ACHD Rules and Regulations in Article XXI, Air
Pollution Controls, are amended. The SIP revision adds Sec.
2105.87, ``Control of VOC Emissions from Unconventional and
Conventional Oil and Natural Gas Industry Sources,'' to Article XXI.
Section 2105.87 IBRs PADEP's final regulations, which are found at
25 Pa. Code 129.121-129.130 (unconventional sources) and 25 Pa. Code
129.131-129.140 (conventional sources).
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Regulation #7-544 amends 25 Pennsylvania Code (Pa. Code) chapter
129 by adding provisions (sections 129.131-129.140) imposing RACT-level
controls for VOC emissions from certain sources within ``conventional''
oil and natural gas operations, including recordkeeping and reporting
requirements. Regulation #7-580 amends 25 Pa. Code Chapters 121 and 129
by adding provisions (sections 129.121-129.130) imposing RACT-level VOC
emissions controls for certain sources in ``unconventional'' oil and
natural gas operations, including recordkeeping and reporting
requirements. Both sets of regulations apply to similar sources of VOC
emissions, including pneumatic controllers, diaphragm pumps,
compressors, fugitive emission components, and storage vessels within
certain areas.
EPA has reviewed Pennsylvania's and Allegheny County's SIP
submissions containing regulations establishing RACT requirements for
categories of sources identified in EPA's 2016 Oil and Gas CTG for both
the 2008 and 2015 Ozone NAAQS. EPA's technical support document (TSD),
which is in the docket for this action, provides more detail concerning
EPA's review of Pennsylvania's regulations. Table 1 in the TSD lists
the sources covered by EPA's 2016 Oil and Gas CTG and Pennsylvania's
regulations, compares the RACT recommendations for sources in EPA's CTG
to Pennsylvania's (and Allegheny County's) SIP requirements for each
source category, and sets forth Pennsylvania's consideration of all
available information as to whether these requirements constitute RACT.
The following paragraphs summarize Pennsylvania's (and ACHD's) RACT
regulations, analysis, and determinations.
Pennsylvania's Oil and Gas regulations address all of the sources
covered by EPA's 2016 Oil and Gas CTG, as required by section
182(b)(2)(A) and (B) and section 184(b)(1)(B) of the CAA. These include
storage vessels, pneumatic controllers, pneumatic pumps, compressors
(reciprocating and centrifugal), equipment leaks, and fugitive
emissions. Pennsylvania has also chosen to regulate certain individual
reciprocating compressors at well sites, which is not a source covered
by the 2016 Oil and Gas CTG, and has included these controls as part of
the SIP revision. EPA is therefore proposing to approve these controls
for individual reciprocating compressors at well sites as SIP
strengthening measures.
For the sources covered by both the CTG and Pennsylvania's
regulations, PADEP largely determined that the control techniques or
methods and levels of emission control required by the 2016 Oil and Gas
CTG were technologically feasible for Pennsylvania's sources, and EPA
is proposing to agree. See Table 1 in EPA's TSD. In summary,
Pennsylvania's regulations establish VOC emission limitations and other
requirements for natural gas-driven continuous bleed pneumatic
controllers, natural gas-driven diaphragm pumps, and centrifugal
compressors that are similar to the RACT recommendations in the 2016
Oil and Gas CTG. For storage vessels and fugitive emissions components,
Pennsylvania's regulations go beyond the CTG recommendations in certain
ways. For storage vessels, Pennsylvania requires vessels with a
potential to emit (PTE) 2.7 tons per year (tpy) of VOCs to be
controlled to a 95% or greater by weight degree, while the CTG
recommends 95% control for storage vessels with a PTE equal to or
greater than six tpy or no control for those maintaining actual
emissions below four tpy. See Table 1 in EPA's TSD. PADEP determined
that a 2.7 tpy VOC emission threshold for storage vessels is RACT, as
it is both technologically and economically feasible for both potential
to emit and actual emissions from all covered storage vessels. For
fugitive emissions, Pennsylvania's regulations address the same
``affected sources'' as EPA's CTG, i.e., leaks from components in VOC
service at natural gas processing plants, fugitive emissions from oil
and gas well sites meeting certain production criteria, and fugitive
emissions from individual gathering and boosting stations located
between the wellhead and transfer to the natural gas transmission or
storage segment or oil pipeline. For natural gas processing plants,
Pennsylvania requires following the same leak detection and repair
(LDAR) requirements in 40 Code of Federal Regulations (CFR) part 60,
subpart VVa that the CTG recommends, resulting in quarterly instrument
LDAR inspections and monthly auditory, visual and olfactory (AVO)
inspections. In addition, for individual well sites having wells with a
gas-to-oil ratio (GOR) >=300 that produce, on average, >15 barrel of
oil equivalents (BOE) per well per day, the 2016 Oil and Gas CTG
requires semi-annual Optical Gas Imaging (OGI) or Method 21 monitoring
for fugitive emissions (leaks). Pennsylvania's regulations allow the
same methods of leak detection (Method 21 or OGI) and other methods
approved by PADEP. For well sites with a GOR equal to or greater than
300, Pennsylvania requires that one well produce 15 BOE per day and one
other well produce 5 BOE per day to trigger annual instrument LDAR
monitoring and monthly AVO monitoring. In addition, for well sites with
a GOR equal to or greater than 300 with average production of 15 BOE or
more per day and one well producing 15 BOE or more per day, the owner
must conduct quarterly instrument LDAR monitoring and monthly AVO
inspections. Thus, it appears that Pennsylvania is requiring some type
of monitoring both more frequently and at more well sites than
recommended by the 2016 Oil and Gas CTG in many cases.
PADEP also performed economic feasibility analyses for each
individual source covered by the CTG recommendations. Pennsylvania's
Regulatory Review Act (RRA) \12\ requires that every regulation be
reviewed by the Independent Regulatory Review Commission (IRRC), and
that the State agency submit to the IRRC a regulatory analysis form
(RAF) answering certain questions, which include identifying the
financial, economic and social impact of the regulation on, among other
entities, individuals, small businesses, and private and public
organizations. 71 Pennsylvania Statutes (P.S.) Sec. 745.5(a)(10).
PADEP's RAFs analyze the cost and savings of implementing
[[Page 53935]]
their oil and gas regulations for each source covered by the
regulations. In general, to determine whether a specific air pollution
control technology was economically feasible as RACT, PADEP set a cost-
effectiveness benchmark in terms of the annualized costs of each
control per ton of VOC emissions removed by that control. PADEP
adjusted the cost benchmarks it used in previous RACT rulemakings of
$5,500 per ton of VOC emissions removed, by multiplying by the Consumer
Price Index differential between 2014 and 2021, to arrive at a 2021
cost effective benchmark of $6,600 per ton of VOC emissions removed.
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\12\ The Regulatory Review Act is found at 71 P.S. sections
745.1-745.15.
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EPA's TSD summarizes, in Table 4, PADEP's cost analysis in the RAFs
for each regulated source controlled by Pennsylvania's regulations.\13\
PADEP performed a separate cost analysis for each regulated source, and
a separate cost analysis for these sources in the conventional and
unconventional oil and gas industry. PADEP's analyses showed that the
cost per ton of VOC reduced for most sources would not exceed the
$6,600 per ton economically feasible benchmark. However, for some
sources, such as fugitive emissions from well sites without existing
LDAR programs and well sites that would have to implement quarterly
LDAR programs, the cost per ton of VOC reduced would exceed $6,600.
PADEP still found these to be cost effective. PADEP also identified one
gathering or boosting station in the conventional industry with an
annual LDAR program which would have to implement a quarterly program,
at a cost exceeding $6,600 per ton of VOC, but also found this to be
cost effective. PADEP did not find that any that new controls or
requirements were economically infeasible, and in some cases required
controls notwithstanding the cost per ton exceeding the $6,600 cost per
ton benchmark. PADEP can select differing economic feasibility
benchmarks for different source categories if it elects to do so. EPA
believes that PADEP has performed a thorough economic feasibility
analysis and has justified the controls required by its regulations as
economically feasible for RACT.
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\13\ Given the short period of time between Pennsylvania's
consideration of the economic and technological feasibility of their
regulations (November 2022) and Allegheny County's incorporation by
reference of those regulations (September 2023), it is unlikely that
the economic or technological considerations changed significantly
enough to require a new analysis of those elements of RACT.
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PADEP's oil and gas regulations also contain requirements for
testing, recordkeeping, and reporting of information to PADEP so that
compliance with the regulatory requirements can be tracked. Table 2 of
EPA's TSD outlines these requirements.
PADEP also compared their regulations to oil and gas regulations
adopted by the California Air Resources Board (CARB), South Coast Air
Quality Management District (SCAQMD), San Joaquin Valley Air Pollution
Control District (SJVAPCD), Colorado Department Of Public Health And
Environment (CDPHE), Montana Department Of Environmental Quality
(MDEQ), New Mexico Environment Department (NMED), and the New York
State Department Of Environmental Conservation (NYDEC).\14\
Pennsylvania determined its controls were in some cases both more
stringent and less stringent than these other states' and air pollution
control agencies' requirements, but Pennsylvania's oil and gas
regulations are not an outlier among other jurisdictions' regulations
for the same sources. Ultimately Pennsylvania did not change any of its
required controls based on this comparison because the State determined
its requirements comprised what was economically and technologically
feasible in Pennsylvania. Table 3 in EPA's TSD describes PADEP's
findings regarding its review of these other states' and air pollution
control districts' control requirements and section V in EPAs' TSD
documents PADEP's approach and reasoning for comparisons. EPA has
reviewed this analysis as part of the Agency's proposed determination
that PADEP's submitted SIP revision comprises RACT for sources covered
by the 2016 Oil and Gas CTG.
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\14\ See [15-28] of the conventional RAF and [13-25] of the
unconventional RAF for PADEP's analysis.
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III. Proposed Action
EPA is proposing to approve Pennsylvania's December 12, 2022 SIP
submittal and Allegheny County's September 8, 2023 SIP submittal as
satisfying the CAA requirement to implement RACT for each category of
VOC sources covered by EPA's 2016 Oil and Gas CTG, as required by CAA
section 182(b)(1)(B) for Moderate ozone nonattainment areas, and also
for any VOC sources covered by the EPA 2016 Oil and Gas CTG for states
in the Ozone Transport Region, as required by CAA section 184(b)(1)(B),
for both the 2008 and 2015 ozone NAAQS.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Pennsylvania's amendments made to 25 Pa. Code Chapter 121 and
129 (relating to general provisions; and standards for sources), and
article XXI as described in section II of this preamble. EPA has made,
and will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. 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,
provided that 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); and,
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
[[Page 53936]]
application of those requirements would be inconsistent with the CAA.
In addition, this proposed rulemaking, pertaining to Pennsylvania
and Allegheny County's Oil and Natural Gas Control Measures for the
2008 and 2015 Ozone NAAQS, 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.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
PADEP and Allegheny County did not evaluate environmental justice
considerations as part of its SIP submittals; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-13972 Filed 6-27-24; 8:45 am]
BILLING CODE 6560-50-P