Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County Incorporation by Reference of Pennsylvania's Consumer Products Regulations, 71115-71117 [2012-28837]
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Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0797; FRL–9755–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County
Incorporation by Reference of
Pennsylvania’s Consumer Products
Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the
Pennsylvania State Implementation Plan
(SIP) submitted by the Pennsylvania
Department of Environmental Protection
(PADEP). The SIP revision adds Section
2105.88—Consumer Products from
Allegheny County Health Department
(ACHD) Rules and Regulations, Article
XXI, Air Pollution Control to
incorporate by reference 25 Pa. Code
sections 130.201–130.471 (Consumer
Products) of the PADEP Air Pollution
Control Act. EPA is approving these
revisions in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on January
28, 2013 without further notice, unless
EPA receives adverse written comment
by December 31, 2012. 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–2012–0797 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: mastro.donna@epa.gov.
C. Mail: EPA–R03–OAR–2012–0797,
Donna Mastro, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted 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–2012–
0797. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
pmangrum on DSK3VPTVN1PROD with RULES
DATES:
VerDate Mar<15>2010
17:05 Nov 28, 2012
Jkt 229001
made available online at
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov, your
email 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
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. 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 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:
Gregory Becoat, (215) 814–2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 25, 2012, PADEP submitted
to EPA a revision to the Allegheny
County portion of the Pennsylvania SIP.
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Sfmt 4700
71115
The SIP revision seeks to add Section
2105.88—Consumer Products from
ACHD’s Rules and Regulations, Article
XXI, Air Pollution Control to
incorporate by reference 25 Pa. Code
sections 130.201–130.471 (Consumer
Products) of PADEP’s Air Pollution
Control Act. This regulation controls the
volatile organic compound (VOC)
content of consumer products for sale in
the Commonwealth of Pennsylvania in
order to reduce VOC levels.
On December 8, 2004 (69 FR 70895),
EPA approved into the Pennsylvania
SIP 25 Pa. Code Chapter 130,
Subchapter B, that included VOC
content limits for consumer products.
On October 18, 2010 (75 FR 63717), EPA
approved a revision to the Pennsylvania
SIP that amended 25 Pa. Code Chapter
130, Subchapter B in order to add and
revise VOC content limits of consumer
products. In addition, the approved SIP
revision added and amended definitions
in order to provide clarity. ACHD is
incorporating by reference the same
provisions in 25 Pa. Code sections
130.201–130.471 in order to regulate
consumer products in Allegheny
County. Further details of the
Commonwealth of Pennsylvania’s
regulation for consumer products can be
found in Docket ID No. EPA–R03–OAR–
2010–0319 at www.regulations.gov.
II. Summary of SIP Revision
The Pennsylvania SIP revision adds
section 2105.88 from ACHD Rules and
Regulations, Article XXI, Air Pollution
Control to incorporate by reference
Pennsylvania’s regulation for consumer
products promulgated under the Air
Pollution Control Act at 25 Pa. Code
sections 130.201–130.471. The
incorporation by reference provides that
section 2105.88 shall be applied
consistent with the provisions of
Pennsylvania’s regulation for consumer
products. Any additions, revisions, or
deletions to the consumer products
regulation by Pennsylvania shall be
incorporated into section 2105.88 and
are effective on the date established by
Pennsylvania regulations. The addition
of section 2105.88 to ACHD Rules and
Regulations provides ACHD the
authority to request information on VOC
levels in consumer products that are
listed in 25 Pa. Code sections 130.201–
130.471 for sale in Allegheny County to
ensure that products do not exceed
accepted VOC levels, establishes that all
information on consumer products
sought under section 2105.88 shall be
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71116
Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations
subject to ACHD’s preexisting
confidentiality regulations, and
establishes that all consumer products
seeking a variance from section 2105.88
must submit all variance requests to
PADEP.
III. Final Action
EPA is approving the Pennsylvania
SIP revision that incorporates by
reference Pennsylvania’s consumer
products regulations into ACHD Rules
and Regulations, Article XXI, Air
Pollution Control. EPA’s review of the
SIP revision submitted by PADEP on
June 25, 2012 indicates it will
strengthen the SIP requirements, result
in reductions of VOC, and meet all
applicable Federal regulations and the
CAA. EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comment. 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 January 28, 2013 without
further notice unless EPA receives
adverse comment by December 31,
2012. 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.
IV. Statutory and Executive Order
Reviews
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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
VerDate Mar<15>2010
17:05 Nov 28, 2012
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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
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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 January 28, 2013. 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
approving the incorporation by
reference of Pennsylvania’s consumer
products regulations into ACHD Rules
and Regulations, Article XXI, Air
Pollution Control 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, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: November 6, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 adding Section
2105.88 after the existing entry for
Section 2105.79 to read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(c) * * *
(2) * * *
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*
71117
Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations
Article XX or XXI citation
*
Title/subject
*
*
State
effective
date
*
Additional explanation/
§ 52.2063 citation
EPA approval date
*
*
*
*
*
Part E—Source Emission and Operating Standards
*
*
*
*
*
Subpart 7—Miscellaneous VOC Sources
*
*
*
Section 2105.88 ...................... Consumer Products ...............
*
*
*
*
*
*
*
*
[FR Doc. 2012–28837 Filed 11–28–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0785; FRL–9755–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County
Incorporation by Reference of
Pennsylvania’s Control of NOX
Emissions From Glass Melting
Furnaces
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the
Pennsylvania State Implementation Plan
(SIP) submitted by the Pennsylvania
Department of Environmental Protection
(PADEP). The SIP revision adds a
regulation to control nitrogen oxides
(NOX) emissions from glass melting
furnaces to the Allegheny County
Health Department (ACHD) Rules and
Regulations. The ACHD regulation
incorporates by reference the
Pennsylvania regulations and related
definitions for controlling NOX
emissions from glass melting furnaces.
The SIP revision is a regulation that will
reduce emissions of NOX from glass
melting furnaces. EPA is approving this
SIP revision in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on January
28, 2013 without further notice, unless
EPA receives adverse written comment
by December 31, 2012. If EPA receives
such comments, it will publish a timely
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
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17:05 Nov 28, 2012
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*
4/3/12
*
*
*
*
11/29/12 ................................. New section is added.
[Insert page number where
the document begins].
*
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–2012–0785 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: mastro.donna@epa.gov.
C. Mail: EPA–R03–OAR–2012–0785,
Donna Mastro, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted 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–2012–
0785. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
*
*
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
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. 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 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: Rose
Quinto, (215) 814–2182, or by email at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 25, 2012, PADEP submitted
to EPA a revision to the Allegheny
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]]>Agencies
[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Rules and Regulations]
[Pages 71115-71117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28837]
[[Page 71115]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0797; FRL-9755-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Incorporation by Reference of
Pennsylvania's Consumer Products Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
Pennsylvania State Implementation Plan (SIP) submitted by the
Pennsylvania Department of Environmental Protection (PADEP). The SIP
revision adds Section 2105.88--Consumer Products from Allegheny County
Health Department (ACHD) Rules and Regulations, Article XXI, Air
Pollution Control to incorporate by reference 25 Pa. Code sections
130.201-130.471 (Consumer Products) of the PADEP Air Pollution Control
Act. EPA is approving these revisions in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This rule is effective on January 28, 2013 without further
notice, unless EPA receives adverse written comment by December 31,
2012. 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-2012-0797 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: mastro.donna@epa.gov.
C. Mail: EPA-R03-OAR-2012-0797, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2012-0797. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
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
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. 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 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: Gregory Becoat, (215) 814-2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 25, 2012, PADEP submitted to EPA a revision to the
Allegheny County portion of the Pennsylvania SIP. The SIP revision
seeks to add Section 2105.88--Consumer Products from ACHD's Rules and
Regulations, Article XXI, Air Pollution Control to incorporate by
reference 25 Pa. Code sections 130.201-130.471 (Consumer Products) of
PADEP's Air Pollution Control Act. This regulation controls the
volatile organic compound (VOC) content of consumer products for sale
in the Commonwealth of Pennsylvania in order to reduce VOC levels.
On December 8, 2004 (69 FR 70895), EPA approved into the
Pennsylvania SIP 25 Pa. Code Chapter 130, Subchapter B, that included
VOC content limits for consumer products. On October 18, 2010 (75 FR
63717), EPA approved a revision to the Pennsylvania SIP that amended 25
Pa. Code Chapter 130, Subchapter B in order to add and revise VOC
content limits of consumer products. In addition, the approved SIP
revision added and amended definitions in order to provide clarity.
ACHD is incorporating by reference the same provisions in 25 Pa. Code
sections 130.201-130.471 in order to regulate consumer products in
Allegheny County. Further details of the Commonwealth of Pennsylvania's
regulation for consumer products can be found in Docket ID No. EPA-R03-
OAR-2010-0319 at www.regulations.gov.
II. Summary of SIP Revision
The Pennsylvania SIP revision adds section 2105.88 from ACHD Rules
and Regulations, Article XXI, Air Pollution Control to incorporate by
reference Pennsylvania's regulation for consumer products promulgated
under the Air Pollution Control Act at 25 Pa. Code sections 130.201-
130.471. The incorporation by reference provides that section 2105.88
shall be applied consistent with the provisions of Pennsylvania's
regulation for consumer products. Any additions, revisions, or
deletions to the consumer products regulation by Pennsylvania shall be
incorporated into section 2105.88 and are effective on the date
established by Pennsylvania regulations. The addition of section
2105.88 to ACHD Rules and Regulations provides ACHD the authority to
request information on VOC levels in consumer products that are listed
in 25 Pa. Code sections 130.201-130.471 for sale in Allegheny County to
ensure that products do not exceed accepted VOC levels, establishes
that all information on consumer products sought under section 2105.88
shall be
[[Page 71116]]
subject to ACHD's preexisting confidentiality regulations, and
establishes that all consumer products seeking a variance from section
2105.88 must submit all variance requests to PADEP.
III. Final Action
EPA is approving the Pennsylvania SIP revision that incorporates by
reference Pennsylvania's consumer products regulations into ACHD Rules
and Regulations, Article XXI, Air Pollution Control. EPA's review of
the SIP revision submitted by PADEP on June 25, 2012 indicates it will
strengthen the SIP requirements, result in reductions of VOC, and meet
all applicable Federal regulations and the CAA. EPA is publishing this
rule without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment. 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 January 28, 2013 without further notice unless EPA
receives adverse comment by December 31, 2012. 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.
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 January 28, 2013. 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 approving the incorporation by reference of
Pennsylvania's consumer products regulations into ACHD Rules and
Regulations, Article XXI, Air Pollution Control 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: November 6, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 adding
Section 2105.88 after the existing entry for Section 2105.79 to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(2) * * *
[[Page 71117]]
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State Additional
Article XX or XXI citation Title/subject effective EPA approval date explanation/Sec.
date 52.2063 citation
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* * * * * * *
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Part E--Source Emission and Operating Standards
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* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart 7--Miscellaneous VOC Sources
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* * * * * * *
Section 2105.88.................. Consumer Products.. 4/3/12 11/29/12........... New section is
[Insert page number added.
where the document
begins].
* * * * * * *
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* * * * *
[FR Doc. 2012-28837 Filed 11-28-12; 8:45 am]
BILLING CODE 6560-50-P
