Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Control of Particulate Matter Emissions From the Operation of Outdoor Wood-Fired Boilers, 58114-58116 [2011-24099]
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58114
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
sroberts on DSK5SPTVN1PROD with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
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(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the creation of safety zones. An
environmental analysis checklist and a
categorical exclusion determination will
be available in the docket where
indicated under ADDRESSES.
the Captain of the Port, Columbia River
or his designated representative.
(c) Enforcement Period. The safety
zone created in this section will be in
effect from September 1, 2011 through
October 31, 2011 unless cancelled
sooner by the Captain of the Port,
Columbia River.
List of Subjects in 33 CFR Part 165
BILLING CODE 9110–04–P
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T13–175 to read as
follows:
■
§ 165.T13–175 Safety Zone; M/V DAVY
CROCKETT Cleanup site, Columbia River.
(a) Location: The following area is a
safety zone:
(1) All waters of the Columbia River
encompassed within the following four
points: Point one at 45°34′59.74″ N/
122°28′35.00″ W on the Washington
bank of the Columbia River then
proceeding into the river to point two at
45°34′51.42″ N/122°28′35.47″ W, then
proceeding upriver to the third point at
45°34′51.02″ N/122°28′07.32″ W, then
proceeding to the shoreline to the fourth
point on the Washington Bank at
45°34′56.06″ N/122°28′07.36″ W, then
back along the shoreline to point one.
Geographically this encompasses all the
waters within an area starting at
approximately 300 ft upriver from the
cofferdam cleanup site extending to 300
ft abreast of the cofferdam cleanup site
and then ending 300 ft down river of the
cofferdam cleanup site.
(2) [Reserved]
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart C, no person may enter or
remain in the safety zone created in this
section or bring, cause to be brought, or
allow to remain in the safety zone
created in this section any vehicle,
vessel, or object unless authorized by
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Dated: August 30, 2011.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port, Columbia River.
[FR Doc. 2011–24146 Filed 9–19–11; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0288; FRL–9468–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Control of Particulate
Matter Emissions From the Operation
of Outdoor Wood-Fired Boilers
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. This SIP revision pertains
to the control of particulate matter
emissions from the operation of outdoor
wood-fired boilers (OWBs). EPA is
approving this revision to reduce
particular matter emissions from the
operation of outdoor wood-fired boilers
in accordance with the requirements of
the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on October 20, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0288. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
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 through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
SUMMARY:
E:\FR\FM\20SER1.SGM
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Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
19103. Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
Rose
Quinto, (215) 814–2182, or by e-mail at
quinto.rose@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
III. Final Action
EPA is approving 25 Pa. Code Chapter
121.1, relating to definitions used in the
substantive provision of this SIP
revision and the new regulation
pertaining to 25 Pa. Code Chapter 123
(Standards for Contaminants)
Particulate Matter Emissions, Section
123.14 (Outdoor Wood-Fired Boilers) as
revisions to the Pennsylvania SIP.
I. Background
IV. Statutory and Executive Order
Reviews
On July 15, 2011 (76 FR 41742), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval for the control
of particulate matter emissions from the
operation of OWBs. The formal SIP
revision was submitted by the
Pennsylvania Department of the
Environmental Protection (PADEP) on
October 20, 2010. No public comments
were received on the NPR.
A. General Requirements
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 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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
sroberts on DSK5SPTVN1PROD with RULES
II. Summary of SIP Revision
The SIP revision adds definitions and
terms to Title 25 of the Pennsylvania
Code (25 Pa. Code) Chapter 121.1,
relating to definitions, used in the
substantive provision of this SIP
revision. In addition, the SIP revision
adds a new regulation to 25 Pa. Code
Chapter 123 (Standards for
Contaminants) Particulate Matter
Emissions, Section 123.14 (Outdoor
Wood-Fired Boilers). The emissions
standard established in this SIP revision
is the Phase 2 emissions standard
described in the EPA voluntary OWB
program. The SIP revision is also based
on the Northeast States for Coordinated
Air Use Management (NESCAUM)
model rule.
The new regulation (Section 123.14)
applies to the following: (1) To a person,
manufacturer, supplier or distributor
who sells, offers for sale, leases or
distributes an outdoor wood-fired boiler
for use; (2) a person who installs an
outdoor wood-fired boiler; and (3) a
person who purchases, receives, leases,
owns, uses or operate an outdoor woodfired boiler. The new regulation consists
of the following: (1) Exemptions for a
non-Phase 2 OWB; (2) Phase 2 OWB
provisions; (3) setback requirements for
new Phase 2 OWBs; (4) stack height
requirements for new Phase 2 OWBs; (5)
allowed fuels; (6) prohibited fuels; and
(7) applicable laws and regulatory
requirements. Other specific
requirements for the control of
particulate matter emissions from the
operation of OWBs and the rationale for
EPA’s proposed action are explained in
the NPR and will not be restated here.
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58115
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 21, 2011. 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. This action,
pertaining to Pennsylvania’s control of
particulate matter emissions from the
operation of outdoor wood-fired boilers,
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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 31, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
E:\FR\FM\20SER1.SGM
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58116
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
The amendments read as follows:
Subpart NN—Pennsylvania
■
2. In §52.2020, the table in paragraph
(c)(1) is amended by:
■ a. Revising entry for Section 121.1.
■ b. Adding entry for Section 123.14
after the existing entry for Section
123.13(a) through (c).
■
Authority: 42 U.S.C. 7401 et seq.
State citation
State
effective date
Title/subject
§52.2020
*
Identification of plan.
*
*
(c) * * *
(1) * * *
*
*
Additional
explanation/
§ 52.2063 citation
EPA approval date
Title 25—Environmental Protection
Article III—Air Resources
Chapter 121 General Provisions
Section 121.1 .........
Definitions ..............
*
12/18/10 ...........
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2011–24099 Filed 9–19–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0475; FRL- 9466–6]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia, Maryland, and Virginia;
2002 Base Year Emission Inventory,
Reasonable Further Progress Plan,
Contingency Measures, Reasonably
Available Control Measures, and
Transportation Conformity Budgets for
the Washington, DC 1997 8-Hour
Moderate Ozone Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving State
Implementation Plan (SIP) revisions
submitted by the District of Columbia,
the State of Maryland, and the
Commonwealth of Virginia (the States).
These revisions pertain to the 2002 base
year emissions inventory, the reasonable
further progress (RFP) plan, RFP
contingency measure, and reasonably
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SUMMARY:
VerDate Mar<15>2010
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*
*
Particulate Matter Emissions
Jkt 223001
*
*
* * * * * * * * *
10/2/10 ............. 9/20/11 [Insert page number where the
document begins].
Outdoor wood-fired
boilers.
*
Added new definitions and terms. The
State effective date is 10/2/10.
*
*
*
Chapter 123—Standard for Contaminants
*
Section 123.14 .......
9/20/11 [Insert page number where the
document begins].
*
*
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
*
New section.
*
available control measure (RACM)
requirements of the Clean Air Act (CAA)
for the Washington, DC–MD–VA
moderate 1997 8-hour ozone
nonattainment area (the Washington
Area). EPA is also approving the 2008
transportation conformity motor vehicle
emissions budgets (MVEBs) associated
with this revision. EPA is approving the
SIP revisions because they satisfy the
emission inventory, RFP, RACM, RFP
contingency measures, and
transportation conformity requirements
for areas classified as moderate
nonattainment for the 1997 8-hour
ozone national ambient air quality
standard (NAAQS) and demonstrate
further progress in reducing ozone
precursors. This action is being taken
under the CAA.
DATES: Effective Date: This final rule is
effective on October 20, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0475. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
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 through
https://www.regulations.gov or in hard
copy for public inspection 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 District of Columbia.
Department of the Environment, Air
Quality Division, 1200 1st Street, NE.,
5th floor, Washington, DC 20002; the
Maryland Department of the
Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230; and the Virginia
Department of Environmental Quality,
629 East Main Street, Richmond,
Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 30, 2011 (76 FR 38334), EPA
published a notice of proposed
rulemaking (NPR) for the District of
Columbia, the State of Maryland, and
the Commonwealth of Virginia. The
NPR proposed approval of the 2002 base
year emissions inventory, the RFP plan,
RFP contingency measure, and RACM
analysis for the Washington, DC–MD–
VA moderate 1997 8-hour ozone
E:\FR\FM\20SER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58114-58116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24099]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0288; FRL-9468-4]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Control of Particulate Matter Emissions From the
Operation of Outdoor Wood-Fired Boilers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. This SIP revision
pertains to the control of particulate matter emissions from the
operation of outdoor wood-fired boilers (OWBs). EPA is approving this
revision to reduce particular matter emissions from the operation of
outdoor wood-fired boilers in accordance with the requirements of the
Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on October 20,
2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0288. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. 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 through https://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania
[[Page 58115]]
19103. Copies of the State submittal are available at the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 15, 2011 (76 FR 41742), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval for the control of particulate matter emissions from the
operation of OWBs. The formal SIP revision was submitted by the
Pennsylvania Department of the Environmental Protection (PADEP) on
October 20, 2010. No public comments were received on the NPR.
II. Summary of SIP Revision
The SIP revision adds definitions and terms to Title 25 of the
Pennsylvania Code (25 Pa. Code) Chapter 121.1, relating to definitions,
used in the substantive provision of this SIP revision. In addition,
the SIP revision adds a new regulation to 25 Pa. Code Chapter 123
(Standards for Contaminants) Particulate Matter Emissions, Section
123.14 (Outdoor Wood-Fired Boilers). The emissions standard established
in this SIP revision is the Phase 2 emissions standard described in the
EPA voluntary OWB program. The SIP revision is also based on the
Northeast States for Coordinated Air Use Management (NESCAUM) model
rule.
The new regulation (Section 123.14) applies to the following: (1)
To a person, manufacturer, supplier or distributor who sells, offers
for sale, leases or distributes an outdoor wood-fired boiler for use;
(2) a person who installs an outdoor wood-fired boiler; and (3) a
person who purchases, receives, leases, owns, uses or operate an
outdoor wood-fired boiler. The new regulation consists of the
following: (1) Exemptions for a non-Phase 2 OWB; (2) Phase 2 OWB
provisions; (3) setback requirements for new Phase 2 OWBs; (4) stack
height requirements for new Phase 2 OWBs; (5) allowed fuels; (6)
prohibited fuels; and (7) applicable laws and regulatory requirements.
Other specific requirements for the control of particulate matter
emissions from the operation of OWBs and the rationale for EPA's
proposed action are explained in the NPR and will not be restated here.
III. Final Action
EPA is approving 25 Pa. Code Chapter 121.1, relating to definitions
used in the substantive provision of this SIP revision and the new
regulation pertaining to 25 Pa. Code Chapter 123 (Standards for
Contaminants) Particulate Matter Emissions, Section 123.14 (Outdoor
Wood-Fired Boilers) as revisions to the Pennsylvania SIP.
IV. Statutory and Executive Order Reviews
A. General Requirements
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 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 CAA; 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).
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 21, 2011. 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. This action, pertaining to Pennsylvania's control of
particulate matter emissions from the operation of outdoor wood-fired
boilers, 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, Particulate matter, Reporting and recordkeeping
requirements.
Dated: August 31, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
[[Page 58116]]
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)(1) is amended by:
0
a. Revising entry for Section 121.1.
0
b. Adding entry for Section 123.14 after the existing entry for Section
123.13(a) through (c).
The amendments read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Additional
State citation Title/subject State effective EPA approval date explanation/ Sec.
date 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Title 25--Environmental Protection
Article III--Air Resources
Chapter 121 General Provisions
----------------------------------------------------------------------------------------------------------------
Section 121.1................ Definitions.... 12/18/10............ 9/20/11 [Insert page Added new
number where the definitions and
document begins]. terms. The State
effective date is
10/2/10.
* * * * * * *
Chapter 123--Standard for Contaminants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Particulate Matter Emissions
----------------------------------------------------------------------------------------------------------------
* * * * * * * * *
Section 123.14............... Outdoor wood- 10/2/10............. 9/20/11 [Insert page New section.
fired boilers. number where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
* * * * *
[FR Doc. 2011-24099 Filed 9-19-11; 8:45 am]
BILLING CODE 6560-50-P
