Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County, Continuous Opacity Monitor Regulation, 33329-33332 [E9-16365]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations
Bridge at mile 3.4 across the Hackensack
River and notice of that temporary
deviation was made along with the
notice for the Witt Penn Bridge. This
temporary deviation was issued to
facilitate bridge maintenance for the
above bridges; however, the
maintenance for the Witt Penn Bridge
has been postponed necessitating the
early cancellation of that portion of the
temporary deviation. The maintenance
of the Lower Hack Bridge will continue
as planned, and the temporary deviation
approved for the Lower Hack Bridge
remains in effect. Once new dates are
provided for the maintenance of the
Witt Penn Bridge any new temporary
deviation will be published in the
Federal Register.
DATES: The temporary deviation
published on April 29, 2009 (74 FR
19421) pertaining to the Witt Penn
Bridge across the Hackensack River at
mile 3.1, across the Hackensack River, at
Jersey City, New Jersey is cancelled as
of June 23, 2009.
ADDRESSES: The docket for this
cancelled deviation is available for
inspection or copying at the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2009–0210 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column.
FOR FURTHER INFORMATION CONTACT: Gary
Kassof, Project Officer, First Coast
Guard District, gary.kassof@uscg.mil,
telephone 212–668–7165.
SUPPLEMENTARY INFORMATION:
sroberts on DSKD5P82C1PROD with RULES
Background and Purpose
On April 29, 2009, we published a
temporary deviation entitled
‘‘Drawbridge Operation Regulations;
New Jersey’’ in the Federal Register (71
FR 19421). The temporary deviation
concerned the Witt Penn Bridge at mile
3.1, and the Lower Hack Bridge, mile
3.4, both across the Hackensack River at
Jersey City, New Jersey.
Cancellation
The Coast Guard received an
additional request from the bridge
owner of the Witt Penn Bridge, New
Jersey Department of Transportation, on
June 10, 2009, requesting the
cancellation of the temporary deviation
for the Witt Penn Bridge because the
VerDate Nov<24>2008
18:22 Jul 10, 2009
Jkt 217001
scheduled maintenance repairs did not
begin on schedule due to a contractual
dispute.
The work for the Lower Hack Bridge
began on schedule and will continue
through July 22, 2009, as planned.
The remaining bridge closure time
period necessary to complete the
maintenance work for the Lower Hack
Bridge remains in effect through July 22,
2009. If granted, a temporary deviation
for the Witt Penn Bridge covering the
revised maintenance work period will
be published under a new temporary
deviation in the Federal Register.
The need to cancel the temporary
deviation for the scheduled
maintenance at the Witt Penn Bridge
was due to a contractual dispute which
delayed the start date of the bridge
maintenance.
Dated: June 17, 2009.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E9–16397 Filed 7–10–09; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0352; FRL–8929–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County,
Continuous Opacity Monitor
Regulation
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve revisions to the
Pennsylvania State Implementation Plan
(SIP). This SIP revision, ‘‘Revision 58,
Continuous Opacity Monitor Regulation
Changes,’’ consists of changes to the
Allegheny County Health Department
(ACHD) Rules and Regulations, Article
XXI, Air Pollution Control. EPA is
approving this revision to the
Pennsylvania SIP in accordance with
the requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on
September 11, 2009 without further
notice, unless EPA receives adverse
written comment by August 12, 2009. If
EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
33329
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2009–0352 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2009–0352,
Cristina Fernandez, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously
listed EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2009–
0352. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
E:\FR\FM\13JYR1.SGM
13JYR1
33330
Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Allegheny County
Health Department, Bureau of
Environmental Quality, Division of Air
Quality, 301 39th Street, Pittsburgh,
Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by
e-mail at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 16, 2007, the Commonwealth
of Pennsylvania submitted a formal
revision to the Pennsylvania SIP. The
SIP revision consists of changes to
Article XXI of the ACHD Rules and
Regulations to specify the method to
determine compliance with opacity
requirements for coke oven combustion
stacks, allow the use of continuous
opacity monitoring systems (COMS) to
measure visual emissions, and remove a
redundant phrase in the current
approved SIP.
sroberts on DSKD5P82C1PROD with RULES
II. Summary of SIP Revision
The revisions in ‘‘Revision 58,
Continuous Opacity Monitor Regulation
Changes’’ make three changes to the
ACHD Rules and Regulations, Article
XXI, Air Pollution Control.
The revision to § 2105.21.f specifies
the method to determine compliance
with opacity requirements for coke oven
combustion stacks. The new language
states that opacity measurements are to
be performed according to the methods
established in § 2107.11. This addition
to § 2105.21.f strengthens the
Pennsylvania SIP because the current
SIP does not specify visible emission
compliance methods for coke oven
combustion stacks.
The revision to § 2107.11 allows the
use of COMS to measure visual
emissions. Previously, compliance with
visible emission requirements was
determined only by EPA Method 9,
which requires a certified smoke reader
to observe the emissions leaving the
stack during daylight hours. EPA
Method 9 had been the only federally
acceptable method to determine
compliance with visibility emissions.
However, on February 24, 1997, EPA
promulgated its Credible Evidence
VerDate Nov<24>2008
18:22 Jul 10, 2009
Jkt 217001
Revisions, which clarified that nonreference test data, i.e., any creditable
evidence, can be used in enforcement
actions and for compliance
determinations under the Clean Air Act
(62 FR 8314). Thus, Method 9 is not the
exclusive means to determining
compliance with visibility
requirements, and the use of data from
COMS is deemed acceptable. This
change strengthens the Pennsylvania
SIP by allowing the use of COMS data
to determine compliance with visibility
requirements, which will make
compliance determinations easier.
The revision to § 2108.03 removes the
redundant phrase, ‘‘within the time
specified,’’ in the current approved SIP.
This revision does not change the
meaning of § 2108.03, but adds clarity.
Therefore, this revision is approvable.
III. Final Action
EPA is approving ‘‘Revision 58,
Continuous Opacity Monitor Regulation
Changes,’’ submitted by the
Commonwealth of Pennsylvania on May
16, 2007. The revision to § 2105.21.f
specifies the method to determine
compliance with opacity requirements
for coke oven combustion stacks in
Allegheny County. The revision to
§ 2107.11 allows the use of COMS to
measure visual emissions in Allegheny
County. The revision to § 2108.03
removes a redundant phrase in the
current approved SIP. EPA is approving
these revisions to the Pennsylvania SIP
in accordance with the requirements of
the CAA.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comment. This revision to the
Pennsylvania SIP serves to strengthen
and add clarity to the SIP, but does not
add any new regulatory requirements.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on
September 11, 2009 without further
notice unless EPA receives adverse
comment by August 12, 2009. If EPA
receives adverse comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. Please note that
if EPA receives adverse comment on an
amendment, paragraph, or section of
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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 Clean Air Act.
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 action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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 Clean Air Act;
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).
E:\FR\FM\13JYR1.SGM
13JYR1
33331
Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations
In addition, this rule 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.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Article XX or XXI citation
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 11,
2009. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action, which revises the
Pennsylvania SIP to establish the
method to determine compliance with
opacity requirements for coke oven
combustion stacks and allows the use of
COMS to measure visible emissions in
Allegheny County, and removes a
redundant phrase in the current
State
effective
date
Title/subject
*
*
*
approved SIP, may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: July 1, 2009.
William C. Early,
Acting Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(c)(2) is amended by revising the entries
for Article XXI, Sections 2105.21,
2107.11, and 2108.03 to read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(c) * * *
(2) * * *
*
Additional explanation/§ 52.2063
citation
EPA approval date
*
*
*
*
*
*
*
Part E—Source Emission and Operating Standards
*
*
*
*
*
Subpart 2—Slag, Coke, and Miscellaneous Sulfur Sources
*
§ 2105.21 ...................
*
*
*
Coke Oven and Coke Gas 4/1/07 .......................
Oven.
*
*
*
*
7/13/09, [Insert page number
where the document begins].
*
*
*
Revision to paragraph 2105.21.f
(Combustion Stacks).
*
*
*
*
7/13/09, [Insert page number
where the document begins].
*
*
*
*
*
Part G—Methods
*
§ 2107.11 ...................
*
*
*
Visible Emissions .............. 4/1/07 .......................
*
*
*
*
sroberts on DSKD5P82C1PROD with RULES
Part H—Reporting, Testing & Monitoring
*
§ 2108.03 ...................
*
*
*
Continuous Emission Mon- 4/1/07 .......................
itoring.
*
VerDate Nov<24>2008
*
18:22 Jul 10, 2009
*
Jkt 217001
PO 00000
*
7/13/09, [Insert page number
where the document begins].
*
Frm 00013
Fmt 4700
*
Sfmt 4700
E:\FR\FM\13JYR1.SGM
*
*
Revision to paragraph 2108.03.f
(Violations).
*
13JYR1
*
33332
*
*
Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations
*
*
I. Background
*
[FR Doc. E9–16365 Filed 7–10–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[VA201–5202; FRL–8923–9]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Update to Materials Incorporated by
Reference
sroberts on DSKD5P82C1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
SUMMARY: EPA is updating the materials
submitted by Virginia that are
incorporated by reference (IBR) into the
State implementation plan (SIP). The
regulations affected by this update have
been previously submitted by the
Virginia Department of Environmental
Quality (DEQ) and approved by EPA.
This update affects the SIP materials
that are available for public inspection
at the National Archives and Records
Administration (NARA), the Air and
Radiation Docket and Information
Center located at EPA Headquarters in
Washington, DC, and the Regional
Office.
DATES: Effective Date: This action is
effective July 13, 2009.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; the
Air and Radiation Docket and
Information Center, EPA Headquarters
Library, Room Number 3334, EPA West
Building, 1301 Constitution Ave. NW.,
Washington, DC 20460, and the
National Archives and Records
Administration. If you wish to obtain
materials from a docket in the EPA
Headquarters Library, please call the
Office of Air and Radiation (OAR)
Docket/Telephone number: (202) 566–
1742; or the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_
federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108 or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
18:22 Jul 10, 2009
Jkt 217001
The SIP is a living document which
the State revises as necessary to address
the unique air pollution problems.
Therefore, EPA from time to time must
take action on SIP revisions containing
new and/or revised regulations to make
them part of the SIP. On May 22, 1997
(62 FR 27968), EPA revised the
procedures for incorporating by
reference Federally-approved SIPs, as a
result of consultations between EPA and
the Office of the Federal Register (OFR).
The description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
April 21, 2000 (65 FR 21315), EPA
published a Federal Register action
beginning the new IBR procedure for
Virginia. On September 8, 2004 (69 FR
54216), November 3, 2005 (70 FR 66769)
and July 16, 2007 (72 FR 38920), EPA
published updates to the IBR material
for Virginia.
II. EPA Action
In this document, EPA is doing the
following:
A. Announcing the update to the IBR
material as of June 1, 2009.
B. Making corrections to the following
entries listed in the paragraph
52.2420(c) table, as described below:
1. In the entry 5–20–203, revising the
text in the ‘‘Title/subject’’ column.
2. Revising the titles for the following
entries: Chapter 40, Part II, Articles 49
and 50.
3. Incorporating the entry for 5–40–
1750.
4. In the entry 5–40–1670,
reorganizing the text in the ‘‘Title/
subject’’ and ‘‘Explanation [former SIP
citation]’’ columns without making any
substantive revisions to the list of SIPapproved definitions.
5. In the entry 5–40–5610, removing
the quotation marks from the terms
listed in the ‘‘Explanation [former SIP
section]’’ column.
6. In the entry 5–40–7810, removing
the quotation marks from the terms
listed in the ‘‘Title/subject’’ column.
7. Removing entries 5–80–1835, 5–
80–1845, and 5–80–1855, they are
designated as ‘‘reserved,’’ and contain
no text that is incorporated by reference.
8. In the entry 5–80–2130, correcting
a typographical error to the text in the
‘‘Title/subject’’ column.
9. Correcting the date format in the
‘‘State effective date’’ column for the
following entries: Chapter 10, section 5–
10–20; Chapter 20, section 5–20–203;
Chapter 40, Part II, Article 4, section 5–
40–300; Article 36, section 5–40–5060;
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Article 37, section 5–40–5200; Article
41, section 5–40–5700; Article 42,
sections 5–40–5700, 5–40–5720, and 5–
20–5750; Article 48, section 5–40–6970;
Article 49, sections 5–40–7120, 5–40–
7130, 5–40–7140, and 5–40–7210;
Article 50, sections 5–40–7240, 5–40–
7270, 5–40–7300, 5–40–7330, and 5–40–
7360; Article 53, all sections; and
Chapter 230, all sections.
C. In the paragraph 52.2420(d) table,
correcting the date format in the ‘‘State
effective date’’ column for the following
entries: Columbia Gas Transmission
Company-Loudoun County Compressor
Station, and Global Stone Chemstone
Corporation.
D. Making corrections to the following
entries listed in the paragraph
52.2420(e) table, as described below:
1. Rearranging the order of entries for
‘‘Documents Incorporated by
Reference.’’
2. Correcting the date format in the
‘‘State effective date’’ column for the
following entries: All nonregulatory and
quasi-regulatory entries associated with
the Washington 1-hour ozone
nonattainment area, and the entry for
RACT under the 8-Hour NAAQS
(Stafford County).
3. Removing the SIP effective date text
in the ‘‘Additional explanation column’’
for the entry entitled ‘‘Documents
Incorporated by Reference (9 VAC 5–
20–21, Paragraphs E.4.a.(21) and (22)).’’
EPA has determined that today’s rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation, and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s rule simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect chart entries.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
E:\FR\FM\13JYR1.SGM
13JYR1
]]>Agencies
[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Rules and Regulations]
[Pages 33329-33332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16365]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0352; FRL-8929-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County, Continuous Opacity Monitor Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Pennsylvania State Implementation Plan (SIP). This SIP revision,
``Revision 58, Continuous Opacity Monitor Regulation Changes,''
consists of changes to the Allegheny County Health Department (ACHD)
Rules and Regulations, Article XXI, Air Pollution Control. EPA is
approving this revision to the Pennsylvania SIP in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This rule is effective on September 11, 2009 without further
notice, unless EPA receives adverse written comment by August 12, 2009.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0352 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2009-0352, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0352. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.
[[Page 33330]]
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy during normal business
hours at the Air Protection Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
Copies of the State submittal are available at the Allegheny County
Health Department, Bureau of Environmental Quality, Division of Air
Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
e-mail at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 16, 2007, the Commonwealth of Pennsylvania submitted a
formal revision to the Pennsylvania SIP. The SIP revision consists of
changes to Article XXI of the ACHD Rules and Regulations to specify the
method to determine compliance with opacity requirements for coke oven
combustion stacks, allow the use of continuous opacity monitoring
systems (COMS) to measure visual emissions, and remove a redundant
phrase in the current approved SIP.
II. Summary of SIP Revision
The revisions in ``Revision 58, Continuous Opacity Monitor
Regulation Changes'' make three changes to the ACHD Rules and
Regulations, Article XXI, Air Pollution Control.
The revision to Sec. 2105.21.f specifies the method to determine
compliance with opacity requirements for coke oven combustion stacks.
The new language states that opacity measurements are to be performed
according to the methods established in Sec. 2107.11. This addition to
Sec. 2105.21.f strengthens the Pennsylvania SIP because the current
SIP does not specify visible emission compliance methods for coke oven
combustion stacks.
The revision to Sec. 2107.11 allows the use of COMS to measure
visual emissions. Previously, compliance with visible emission
requirements was determined only by EPA Method 9, which requires a
certified smoke reader to observe the emissions leaving the stack
during daylight hours. EPA Method 9 had been the only federally
acceptable method to determine compliance with visibility emissions.
However, on February 24, 1997, EPA promulgated its Credible Evidence
Revisions, which clarified that non-reference test data, i.e., any
creditable evidence, can be used in enforcement actions and for
compliance determinations under the Clean Air Act (62 FR 8314). Thus,
Method 9 is not the exclusive means to determining compliance with
visibility requirements, and the use of data from COMS is deemed
acceptable. This change strengthens the Pennsylvania SIP by allowing
the use of COMS data to determine compliance with visibility
requirements, which will make compliance determinations easier.
The revision to Sec. 2108.03 removes the redundant phrase,
``within the time specified,'' in the current approved SIP. This
revision does not change the meaning of Sec. 2108.03, but adds
clarity. Therefore, this revision is approvable.
III. Final Action
EPA is approving ``Revision 58, Continuous Opacity Monitor
Regulation Changes,'' submitted by the Commonwealth of Pennsylvania on
May 16, 2007. The revision to Sec. 2105.21.f specifies the method to
determine compliance with opacity requirements for coke oven combustion
stacks in Allegheny County. The revision to Sec. 2107.11 allows the
use of COMS to measure visual emissions in Allegheny County. The
revision to Sec. 2108.03 removes a redundant phrase in the current
approved SIP. EPA is approving these revisions to the Pennsylvania SIP
in accordance with the requirements of the CAA.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. This revision to the Pennsylvania SIP serves to
strengthen and add clarity to the SIP, but does not add any new
regulatory requirements. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on September 11, 2009
without further notice unless EPA receives adverse comment by August
12, 2009. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act; 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).
[[Page 33331]]
In addition, this rule 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.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 11, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking.
This action, which revises the Pennsylvania SIP to establish the
method to determine compliance with opacity requirements for coke oven
combustion stacks and allows the use of COMS to measure visible
emissions in Allegheny County, and removes a redundant phrase in the
current approved SIP, may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: July 1, 2009.
William C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (c)(2) is amended by
revising the entries for Article XXI, Sections 2105.21, 2107.11, and
2108.03 to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
Additional
Article XX or XXI citation Title/subject State effective EPA approval date explanation/Sec.
date 52.2063 citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part E--Source Emission and Operating Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart 2--Slag, Coke, and Miscellaneous Sulfur Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 2105.21.................. Coke Oven and Coke 4/1/07............ 7/13/09, [Insert Revision to
Gas Oven. page number where paragraph
the document 2105.21.f
begins]. (Combustion
Stacks).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part G--Methods
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 2107.11.................. Visible Emissions. 4/1/07............ 7/13/09, [Insert
page number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part H--Reporting, Testing & Monitoring
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 2108.03.................. Continuous 4/1/07............ 7/13/09, [Insert Revision to
Emission page number where paragraph
Monitoring. the document 2108.03.f
begins]. (Violations).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 33332]]
* * * * *
[FR Doc. E9-16365 Filed 7-10-09; 8:45 am]
BILLING CODE 6560-50-P
