Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Nonattainment New Source Review Rules, 28261-28264 [2012-11461]
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Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
[Insert new item 10.20.8 and Exhibit
10.20.8 as follows:]
10.20.8
Lithium Battery Mailability
To determine the mailability of
primary (non-rechargeable) lithium
28261
metal and lithium alloy batteries, or
secondary lithium-ion batteries, see
exhibit below. For detailed information
refer to 10.20.5 and 10.20.6 respectively.
EXHIBIT 10.20.8—LITHIUM BATTERY MAILABILITY CHART
Primary Lithium Batteries 1 2
Surface transportation
Air transportation
Mailpiece weight limit
Small non-rechargeable consumer-type batteries
Contained in (properly installed in equipment) .....
Packed with equipment but not installed in equipment.
Without the equipment they operate (individual
batteries).
Mailable .................................
Mailable .................................
Mailable .................................
Mailable .................................
11 lb.
11 lb.
Mailable .................................
Prohibited ..............................
5 lb.
1. Each primary cell must not contain more than 1g lithium content.
2. Each primary battery must not contain more than 2g lithium content.
Secondary Lithium-ion Batteries 3 4
Surface transportation
Air transportation
Mailpiece battery limit
Small rechargeable consumer-type batteries
Contained in (properly installed in equipment) .....
Packed with equipment but not installed in equipment.
Without the equipment they operate (individual
batteries).
Mailable .................................
Mailable .................................
Mailable .................................
Mailable .................................
No more than 3 batteries.
No more than 3 batteries.
Mailable .................................
Mailable .................................
No more than 3 batteries.
3. Each secondary cell must not contain more than 20 Wh (Watt-hour rating) per cell.
4. Each secondary battery must not exceed 100 Wh per battery.
*
*
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We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012–11459 Filed 5–11–12; 8:45 am]
BILLING CODE 7710–12–P
[EPA–R03–OAR–2011–0925; FRL–9669–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Nonattainment New
Source Review Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania on August 9, 2007. This
revision pertains to the preconstruction
permitting requirements of
Pennsylvania’s nonattainment New
Source Review (NSR) program. The
revision is intended to update
Pennsylvania’s nonattainment NSR
regulations to meet EPA’s 2002 NSR
Reform regulations (NSR Reform), and
SUMMARY:
emcdonald on DSK29S0YB1PROD with RULES
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On January 20, 2012 (77 FR 2937),
ADDRESSES: EPA has established a
EPA published a notice of proposed
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0925. All rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
documents in the docket are listed in
NPR proposed approval of a SIP
the www.regulations.gov Web site.
revision pertaining to preconstruction
Although listed in the electronic docket,
permitting requirements under
some information is not publicly
Pennsylvania’s nonattainment NSR
available, i.e., confidential business
program. The formal SIP revision was
information (CBI) or other information
submitted by the Pennsylvania
whose disclosure is restricted by statute. Department of Environmental Protection
Certain other material, such as
(PA DEP) on August 9, 2007.
copyrighted material, is not placed on
The history of this SIP, the NSR
the Internet and will be publicly
Reform Program, and South Coast Air
available only in hard copy form.
Quality Management District v. EPA 1
Publicly available docket materials are
(South Coast) decision regarding
available either electronically through
antibacksliding provisions of the Eightwww.regulations.gov or in hard copy for Hour Ozone National Ambient Air
public inspection during normal
Quality Standard (69 FR 23951), are
business hours at the Air Protection
described in the NPR. The purpose of
Division, U.S. Environmental Protection this SIP revision is to incorporate
Agency, Region III, 1650 Arch Street,
1 In 2006, the United States Court of Appeals for
Philadelphia, Pennsylvania 19103.
the District of Columbia Circuit found in et al., 472
Copies of the State submittal are
F.3d 882 (D.C. Cir. 2006) that NSR is a control
available at the Pennsylvania
measure and to weaken its requirements under the
Department of Environmental
SIP would constitute impermissible backsliding
under the CAA.
Protection, Bureau of Air Quality
Effective Date: This final rule is
effective on June 13, 2012.
40 CFR Part 52
14:45 May 11, 2012
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Gerallyn Duke, (215) 814–2084, or by
email at Duke.Gerallyn@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Mar<15>2010
to satisfy the requirements related to
antibacksliding. Additionally, the
proposed revision makes clarifying
changes to regulations that are not
related to NSR Reform. This action is
being taken under the Clean Air Act
(CAA).
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Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
changes to Pennsylvania’s
nonattainment NSR rules made as a
result of EPA’s 2002 NSR Reform, and
to address the antibacksliding
provisions of the South Coast decision.
In summary, the current NSR Reform
Rules: (1) Provide a new method for
determining baseline actual emissions;
(2) adopt an actual-to-projected actual
methodology for determining whether a
major modification has occurred; and
(3) allow major stationary sources to
comply with Plantwide Applicability
Limits (PALs) to avoid having a
significant emissions increase that
triggers the requirements of the major
NSR program (68 FR 63021 and 72 FR
32526). The 2002 NSR Reform Rules
require that state agencies adopt and
submit revisions to their SIP permitting
programs implementing the minimum
program elements of the 2002 NSR
Reform Rules no later than January 2,
2006. In addition, as a result of the
South Coast decision, all one-hour
ozone NAAQS major NSR requirements
must remain in place where
classifications under the newer eighthour ozone standard imposed less
stringent NSR requirements.
II. Summary of SIP Revision
The SIP submittal consists of changes
to 25 Pa. Code Chapter 121, General
Provisions, and 25 Pa. Code Chapter
127, Construction, Modification,
Reactivation, and Operation of Sources.
This action will update Pennsylvania’s
nonattainment NSR regulations as
previously approved on December 9,
1997 (62 FR 64722). It will incorporate
for the first time the 2002 ‘‘NSR
Reform’’ provisions into Pennsylvania’s
nonattainment NSR program, and will
satisfy the requirements of the DC
Circuit Court decision in South Coast
regarding antibacksliding. The proposed
regulations were adopted by
Pennsylvania and became effective on
May 19, 2007. Other specific
requirements of the regulations and the
rationale for EPA’s proposed action are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
emcdonald on DSK29S0YB1PROD with RULES
III. Final Action
EPA is approving the August 9, 2007
SIP revision, amending Pennsylvania’s
NSR construction, modification,
reactivation and operation permit
programs at 25 Pa. Code Section 121.1
and 25 Pa. Code Chapter 127, as a
revision to the Pennsylvania SIP.
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14:45 May 11, 2012
Jkt 226001
IV. Statutory and Executive Order
Reviews
costs on tribal governments or preempt
tribal law.
A. General Requirements
B. Submission to Congress and the
Comptroller General
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 Pennsylvania, and EPA notes
that it will not impose substantial direct
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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 July 13, 2012. 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’ nonattainment NSR
program 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, Carbon monoxide,
Incorporation by reference,
Administrative practice and procedure,
Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 19, 2012.
W.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.
E:\FR\FM\14MYR1.SGM
14MYR1
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Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
2. In § 52.2020, the table in paragraph
(c)(1) is amended by:
■ a. Adding entries for Title 25, Sections
127.201a, 127.203a, and 127.218 in
alphanumerical order.
■
State citation
The amendments read as follows:
b. Revising the existing entries for
Title 25, Sections 121.1, 127.13,
127.201, 127.202, 127.203, 127.204
through 127.210, 127.212, 127.213,
127.215, and 127.217.
■ c. Removing the entries for Sections
127.211 and 127.214.
■
Subpart NN—Pennsylvania
State effective
date
Title/subject
§ 52.2020
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Identification of plan.
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(c) * * *
(1) * * *
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Additional explanation/§ 52.2063
citation
EPA approval date
Title 25—Environmental Protection
Article III—Air Resources
Chapter 121—General Provisions
Section 121.1 ............
*
Definitions ...................................
*
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5/19/07
5/14/2012 [Insert page number
where the document begins].
*
Added 36 terms; Revised 9
terms; Removed 5 terms.
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Chapter 127—Construction, Modification, Reactivation and Operation of Sources
*
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Subchapter B—Plan Approval Requirements
Section 127.13 ..........
*
Extensions ..................................
*
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5/19/07
5/14/12 [Insert page number
where the document begins].
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Revised.
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Subchapter E—New Source Review
Section 127.201 ........
General requirements ................
5/19/07
Section 127.201a ......
Measurements,
abbreviations
and acronyms.
Effective Date .............................
5/19/07
Section 127.202 ........
Section 127.203 ........
5/19/07
5/19/07
Section 127.203a ......
Facilities subject to special permit requirements.
Applicability determination .........
Section 127.204 ........
Emissions subject to this chapter
5/19/07
Section 127.205 ........
Special permit requirements ......
5/19/07
Section 127.206 ........
ERC general requirements ........
5/19/07
Section 127.207 ........
5/19/07
Section 127.209 ........
Creditable emissions decrease
or ERC generation and creation.
ERC use and transfer requirements.
ERC registry system ..................
5/19/07
Section 127.210 ........
Offset ratios ................................
5/19/07
Section 127.212 ........
Portable facilities ........................
5/19/07
Section 127.213 ........
Construction and demolition ......
5/19/07
Section 127.215 ........
Reactivation ................................
5/19/07
*
Section 127.217 ........
*
*
Clean Air Act Titles III–V applicability.
PALs ...........................................
*
5/19/07
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Section 127.208 ........
Section 127.218 ........
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Paragraphs (d) through (f)
added; paragraph(c) revised.
New.
Revised.
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14MYR1
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28264
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
State citation
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[FR Doc. 2012–11461 Filed 5–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0556; FRL-9669–5 ]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Ohio; Determination of Clean
Data for the 2006 24-Hour Fine
Particulate Standard for the
Steubenville-Weirton Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is making a final
determination regarding the two-state
Steubenville-Weirton, Ohio-West
Virginia nonattainment area (hereafter
referred to as the ‘‘Steubenville-Weirton
Area’’ or ‘‘Area’’) for the 2006 24-hour
fine particulate matter (PM2.5) National
Ambient Air Quality Standard
(NAAQS). EPA is determining that the
Steubenville-Weirton Area has attained
the 24-hour 2006 PM2.5 NAAQS. This
determination is based upon complete,
quality assured, and certified ambient
air monitoring data showing that this
area has monitored attainment of the 24hour 2006 PM2.5 NAAQS based on the
2008–2010 data. EPA’s determination
suspends the obligation of Ohio and
West Virginia to submit, with respect to
this area, attainment demonstrations,
associated reasonably available control
measures (RACM), reasonable further
progress plans, contingency measures,
and other planning State
Implementation Plans (SIPs) related to
attainment of the 2006 PM2.5 standard
for so long as the Area continues to meet
the 24-hour 2006 PM2.5 NAAQS.
DATES: Effective Date: This final rule is
effective on June 13, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0556. All
documents in the docket are listed in
the 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
emcdonald on DSK29S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
State effective
date
Title/subject
14:45 May 11, 2012
Jkt 226001
EPA approval date
*
*
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
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.
FOR FURTHER INFORMATION CONTACT: In
Region III, Asrah Khadr, Office of Air
Program Planning, Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, PA 19103–
2023. The telephone number is (215)
814–2071. Ms. Khadr can also be
reached via electronic mail at
khadr.asrah@epa.gov. In Region V,
Carolyn Persoon, Air Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region V, 77 West
Jackson Boulevard, Chicago, Illinois
60604–3507. Ms. Persoon’s telephone
number is (312) 353–8290. Ms. Persoon
can also be reached via electronic mail
at persoon.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. Summary of Public Comment and EPA
Response
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making a final determination
that the Steubenville-Weirton Area has
attained the 24-hour 2006 PM2.5
NAAQS. This determination is based
upon complete, quality assured, and
certified ambient air monitoring data
showing that this area has monitored
attainment of the 2006 PM2.5 NAAQS
based on data for 2008–2010.
On October 4, 2011 (76 FR 61291),
EPA proposed its determination of
attainment for the Steubenville-Weirton
Area. A discussion of the rationale
behind this determination and the effect
of the determination were included in
the notice of proposed rulemaking
(NPR). One adverse comment was
submitted in response to EPA’s October
4, 2011 NPR (76 FR 61291). A summary
of the comment and EPA’s response is
provided in section III of this document.
II. What is the effect of this action?
Under the provisions of EPA’s PM2.5
implementation rule (40 CFR
51.1004(c)), the requirements for the
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citation
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States of Ohio and West Virginia to
submit, for the Steubenville-Weirton
Area, an attainment demonstration and
associated RACM (including reasonably
available control technology (RACT)), a
reasonable further progress plan,
contingency measures, and any other
planning SIPs related to attainment of
the 2006 PM2.5 NAAQS are suspended
for so long as the Area continues to meet
the 24-hour 2006 PM2.5 NAAQS. If EPA
subsequently determines that this Area
violates the 24-hour 2006 PM2.5
NAAQS, the basis for the suspension of
the specific requirements, set forth at 40
CFR 51.1004(c), would no longer exist
and this area would thereafter have to
address the pertinent requirements.
This action, does not constitute a
redesignation of the SteubenvilleWeirton Area to attainment of the 24hour 2006 PM2.5 NAAQS under section
107(d)(3) of the Clean Air Act (CAA).
Further, this action does not involve
approving maintenance plans for the
Area as required under section 175A of
the CAA, nor does it find that the Area
has met all other requirements for
redesignation. Even after a
determination of attainment by EPA, the
designation status of the SteubenvilleWeirton Area remains nonattainment for
the 24-hour 2006 PM2.5 NAAQS until
such time as EPA determines that the
Area meets the CAA requirements for
redesignation to attainment and takes
action to redesignate the SteubenvilleWeirton Area.
III. Summary of Public Comment and
EPA Response
Comment: An Ohio resident
expressed concern for the air quality in
the Steubenville-Weirton Area. The
resident perceives the air quality to be
poor and thus questioned how this Area
will be free from requirements to create
plans for air quality improvement. The
resident also proposed that areas with
air quality problems should be subject
to more stringent standards.
Response: Since 2006, the States of
Ohio and West Virginia, as well as the
Federal government, have implemented
various measures that have resulted in
cleaner air in the Steubenville-Weirton
Area, including, the nitrogen oxides
(NOX) SIP Call which addressed
pollutants that can result in acid rain;
mobile source engine standards leading
to a decrease in NOX and direct PM2.5;
fuel standards decreasing sulfur dioxide
(SO2); as well as rules affecting SO2 and
E:\FR\FM\14MYR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28261-28264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11461]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0925; FRL-9669-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Nonattainment New Source Review Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania on August 9, 2007. This
revision pertains to the preconstruction permitting requirements of
Pennsylvania's nonattainment New Source Review (NSR) program. The
revision is intended to update Pennsylvania's nonattainment NSR
regulations to meet EPA's 2002 NSR Reform regulations (NSR Reform), and
to satisfy the requirements related to antibacksliding. Additionally,
the proposed revision makes clarifying changes to regulations that are
not related to NSR Reform. This action is being taken under the Clean
Air Act (CAA).
DATES: Effective Date: This final rule is effective on June 13, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0925. All documents in the docket are listed in
the 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 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 Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Gerallyn Duke, (215) 814-2084, or by
email at Duke.Gerallyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On January 20, 2012 (77 FR 2937), EPA published a
notice of proposed rulemaking (NPR) for the Commonwealth of
Pennsylvania. The NPR proposed approval of a SIP revision pertaining to
preconstruction permitting requirements under Pennsylvania's
nonattainment NSR program. The formal SIP revision was submitted by the
Pennsylvania Department of Environmental Protection (PA DEP) on August
9, 2007.
The history of this SIP, the NSR Reform Program, and South Coast
Air Quality Management District v. EPA \1\ (South Coast) decision
regarding antibacksliding provisions of the Eight-Hour Ozone National
Ambient Air Quality Standard (69 FR 23951), are described in the NPR.
The purpose of this SIP revision is to incorporate
[[Page 28262]]
changes to Pennsylvania's nonattainment NSR rules made as a result of
EPA's 2002 NSR Reform, and to address the antibacksliding provisions of
the South Coast decision.
---------------------------------------------------------------------------
\1\ In 2006, the United States Court of Appeals for the District
of Columbia Circuit found in et al., 472 F.3d 882 (D.C. Cir. 2006)
that NSR is a control measure and to weaken its requirements under
the SIP would constitute impermissible backsliding under the CAA.
---------------------------------------------------------------------------
In summary, the current NSR Reform Rules: (1) Provide a new method
for determining baseline actual emissions; (2) adopt an actual-to-
projected actual methodology for determining whether a major
modification has occurred; and (3) allow major stationary sources to
comply with Plantwide Applicability Limits (PALs) to avoid having a
significant emissions increase that triggers the requirements of the
major NSR program (68 FR 63021 and 72 FR 32526). The 2002 NSR Reform
Rules require that state agencies adopt and submit revisions to their
SIP permitting programs implementing the minimum program elements of
the 2002 NSR Reform Rules no later than January 2, 2006. In addition,
as a result of the South Coast decision, all one-hour ozone NAAQS major
NSR requirements must remain in place where classifications under the
newer eight-hour ozone standard imposed less stringent NSR
requirements.
II. Summary of SIP Revision
The SIP submittal consists of changes to 25 Pa. Code Chapter 121,
General Provisions, and 25 Pa. Code Chapter 127, Construction,
Modification, Reactivation, and Operation of Sources. This action will
update Pennsylvania's nonattainment NSR regulations as previously
approved on December 9, 1997 (62 FR 64722). It will incorporate for the
first time the 2002 ``NSR Reform'' provisions into Pennsylvania's
nonattainment NSR program, and will satisfy the requirements of the DC
Circuit Court decision in South Coast regarding antibacksliding. The
proposed regulations were adopted by Pennsylvania and became effective
on May 19, 2007. Other specific requirements of the regulations and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving the August 9, 2007 SIP revision, amending
Pennsylvania's NSR construction, modification, reactivation and
operation permit programs at 25 Pa. Code Section 121.1 and 25 Pa. Code
Chapter 127, as a revision 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
Pennsylvania, 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 July 13, 2012. 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' nonattainment NSR
program 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, Carbon monoxide,
Incorporation by reference, Administrative practice and procedure, Air
pollution control, Carbon monoxide, Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 19, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
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.
[[Page 28263]]
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (c)(1) is amended by:
0
a. Adding entries for Title 25, Sections 127.201a, 127.203a, and
127.218 in alphanumerical order.
0
b. Revising the existing entries for Title 25, Sections 121.1, 127.13,
127.201, 127.202, 127.203, 127.204 through 127.210, 127.212, 127.213,
127.215, and 127.217.
0
c. Removing the entries for Sections 127.211 and 127.214.
The amendments read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Additional
State citation Title/subject State EPA approval date explanation/Sec.
effective date 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Title 25--Environmental Protection
----------------------------------------------------------------------------------------------------------------
Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
Chapter 121--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 121.1.................. Definitions......... 5/19/07 5/14/2012 [Insert Added 36 terms;
page number where Revised 9 terms;
the document Removed 5 terms.
begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 127--Construction, Modification, Reactivation and Operation of Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter B--Plan Approval Requirements
----------------------------------------------------------------------------------------------------------------
Section 127.13................. Extensions.......... 5/19/07 5/14/12 [Insert page Revised.
number where the
document begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter E--New Source Review
----------------------------------------------------------------------------------------------------------------
Section 127.201................ General requirements 5/19/07 5/14/12 [Insert page Paragraphs (d)
number where the through (f) added;
document begins]. paragraph(c)
revised.
Section 127.201a............... Measurements, 5/19/07 5/14/12 [Insert page New.
abbreviations and number where the
acronyms. document begins].
Section 127.202................ Effective Date...... 5/19/07 5/14/12 [Insert page Revised.
number where the
document begins].
Section 127.203................ Facilities subject 5/19/07 5/14/12 [Insert page Paragraphs (a)
to special permit number where the through (f)
requirements. document begins]. revised.
Section 127.203a............... Applicability 5/19/07 5/14/12 [Insert page New.
determination. number where the
document begins].
Section 127.204................ Emissions subject to 5/19/07 5/14/12 [Insert page Revised.
this chapter. number where the
document begins].
Section 127.205................ Special permit 5/19/07 5/14/12 [Insert page Revised.
requirements. number where the
document begins].
Section 127.206................ ERC general 5/19/07 5/14/12 [Insert page Revised.
requirements. number where the
document begins].
Section 127.207................ Creditable emissions 5/19/07 5/14/12 [Insert page Revised.
decrease or ERC number where the
generation and document begins].
creation.
Section 127.208................ ERC use and transfer 5/19/07 5/14/12 [Insert page Revised.
requirements. number where the
document begins].
Section 127.209................ ERC registry system. 5/19/07 5/14/12 [Insert page Revised.
number where the
document begins].
Section 127.210................ Offset ratios....... 5/19/07 5/14/12 [Insert page Revised.
number where the
document begins].
Section 127.212................ Portable facilities. 5/19/07 5/14/12 [Insert page Revised.
number where the
document begins].
Section 127.213................ Construction and 5/19/07 5/14/12 [Insert page Revised.
demolition. number where the
document begins].
Section 127.215................ Reactivation........ 5/19/07 5/14/12 [Insert page Revised.
number where the
document begins].
* * * * * * *
Section 127.217................ Clean Air Act Titles 5/19/07 5/14/12 [Insert page Revised.
III-V applicability. number where the
document begins].
Section 127.218................ PALs................ 5/19/07 5/14/12 [Insert page New.
number where the
document begins].
[[Page 28264]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-11461 Filed 5-11-12; 8:45 am]
BILLING CODE 6560-50-P
