Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; The 2002 Base Year Emissions Inventory for the Pittsburgh-Beaver Valley Nonattainment Area for 1997 Fine Particulate Matter National Ambient Air Quality Standard, 74115-74116 [2012-29987]
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Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Rules and Regulations
Approved: December 4, 2012.
A.B. Fischer,
Captain, JAGC, U.S. Navy, Deputy Assistant
Judge Advocate, General (Admiralty and
Maritime Law).
Dated: December 5, 2012.
C.K. Chiappetta,
Lieutenant Commander, Office of the Judge
Advocate General, U.S. Navy, Federal
Register Liaison Officer.
[FR Doc. 2012–30140 Filed 12–12–12; 8:45 am]
BILLING CODE 3810–FF–P
ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT:
Ruth Knapp, (215) 814–2191, or by
email at knapp.ruth@epa.gov.
40 CFR Part 52
[EPA–R03–OAR–2010–0601; FRL–9760–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; The 2002 Base Year
Emissions Inventory for the
Pittsburgh-Beaver Valley
Nonattainment Area for 1997 Fine
Particulate Matter National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Jkt 229001
SUPPLEMENTARY INFORMATION:
I. Background
On October 3, 2012 (77 FR 60339),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of the 2002 base
year emissions inventory portion of the
Pennsylvania SIP revision submitted by
the Commonwealth of Pennsylvania on
November 10, 2009.
II. Summary of SIP Revision
EPA is approving the fine
particulate matter (PM2.5) 2002 base year
emissions inventory portion of the
Pennsylvania State Implementation Plan
(SIP) revision submitted by the
Commonwealth of Pennsylvania,
through the Pennsylvania Department of
Environmental Protection (PADEP), on
November 10, 2009. The emissions
inventory is part of the November 10,
2009 SIP revision that was submitted to
meet nonattainment requirements
related to the Pittsburgh-Beaver Valley
nonattainment area (hereafter referred to
as the Area) for the 1997 PM2.5 National
Ambient Air Quality Standard
(NAAQS). EPA is approving the 2002
base year PM2.5 emissions inventory in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
January 14, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0601. 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
SUMMARY:
VerDate Mar<15>2010
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.
The 2002 base year emissions
inventory submitted by PADEP on
November 10, 2009 for the Area
includes emissions estimates that cover
the general source categories of point
sources, area sources, on-road mobile
sources, and non-road mobile sources.
The pollutants that comprise the
inventory are PM2.5, coarse particles
(PM10), nitrogen oxides (NOX), volatile
organic compounds (VOCs), ammonia
(NH3), and sulfur dioxide (SO2). EPA
has reviewed the results, procedures
and methodologies for the base year
emissions inventory submitted by
PADEP. The year 2002 was selected by
PADEP as the base year for the
emissions inventory per 40 CFR
51.1008(b).
A discussion of the emissions
inventory development as well as the
emissions inventory can be found in the
November 10, 2009 SIP submittal as
well as in the NPR. Specific
requirements of the base year emissions
inventory and the rationale for EPA’s
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 2002 base year
PM2.5 emissions inventory for the Area
as a revision to the Pennsylvania SIP.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
74115
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
E:\FR\FM\13DER1.SGM
13DER1
74116
Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Rules and Regulations
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Applicable
geographic area
Name of non-regulatory SIP revision
*
*
2002 Base Year Emissions Inventory for
the 1997 fine particulate matter (PM2.5 )
standard.
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 February 11, 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
pertaining to the PM2.5 base year
emissions inventory for the PittsburghBeaver Valley 1997 PM2.5 nonattainment
area may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
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14:58 Dec 12, 2012
Jkt 229001
Extension of Tolerances for
Emergency Exemptions (Multiple
Chemicals)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation extends timelimited tolerances for the pesticides
listed in this document. These actions
are in response to EPA’s granting of
emergency exemptions under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizing
use of these pesticides. The Federal
Food, Drug, and Cosmetic Act (FFDCA)
requires EPA to establish a time-limited
tolerance or exemption from the
requirement for a tolerance for pesticide
chemical residues in food that will
result from the use of a pesticide under
an emergency exemption granted by
EPA.
SUMMARY:
Frm 00014
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding at the end
of the table an entry for 2002 Base Year
Emissions Inventory for the 1997 fine
particulate matter (PM2.5) standard to
read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
*
52.2036(p)
[EPA–HQ–OPP–2012–0825; FRL–9372–1]
PO 00000
Subpart NN—Pennsylvania
*
*
12/13/12 [Insert page number where the
document begins].
40 CFR Part 180
[FR Doc. 2012–29987 Filed 12–12–12; 8:45 am]
Authority: 42 U.S.C. 7401 et seq.
*
11/10/09
§ 52.2036
Base year emissions inventory.
1. The authority citation for part 52
continues to read as follows:
■
Additional
explanation
ENVIRONMENTAL PROTECTION
AGENCY
*
*
*
*
(p) EPA approves as a revision to the
Pennsylvania State Implementation Plan
the 2002 base year emissions inventory
for the Pittsburgh-Beaver Valley 1997
fine particulate matter (PM2.5)
nonattainment area submitted by the
Pennsylvania Department of
Environmental Protection on November
10, 2009. The base year emissions
inventory includes emissions estimates
that cover the general source categories
of point sources, area sources, on-road
mobile sources, and non-road mobile
sources. The pollutants that comprise
the inventory are PM2.5, coarse particles
(PM10), nitrogen oxides (NOX), volatile
organic compounds (VOCs), ammonia
(NH3), and sulfur dioxide (SO2).
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
EPA approval date
3. Section 52.2036 is amended by
adding paragraph (p) to read as follows:
*
40 CFR part 52 is amended as follows:
State submittal
date
*
Pittsburgh-Beaver
Valley, PA.
■
Dated: November 27, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
Fmt 4700
Sfmt 4700
This regulation is effective
December 13, 2012. Objections and
requests for hearings must be received
on or before February 11, 2013], and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0825, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
E:\FR\FM\13DER1.SGM
13DER1
]]>Agencies
[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Rules and Regulations]
[Pages 74115-74116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29987]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0601; FRL-9760-8]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; The 2002 Base Year Emissions Inventory for the
Pittsburgh-Beaver Valley Nonattainment Area for 1997 Fine Particulate
Matter National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the fine particulate matter
(PM2.5) 2002 base year emissions inventory portion of the
Pennsylvania State Implementation Plan (SIP) revision submitted by the
Commonwealth of Pennsylvania, through the Pennsylvania Department of
Environmental Protection (PADEP), on November 10, 2009. The emissions
inventory is part of the November 10, 2009 SIP revision that was
submitted to meet nonattainment requirements related to the Pittsburgh-
Beaver Valley nonattainment area (hereafter referred to as the Area)
for the 1997 PM2.5 National Ambient Air Quality Standard
(NAAQS). EPA is approving the 2002 base year PM2.5 emissions
inventory in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on January 14, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0601. 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: Ruth Knapp, (215) 814-2191, or by
email at knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 3, 2012 (77 FR 60339), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR
proposed approval of the 2002 base year emissions inventory portion of
the Pennsylvania SIP revision submitted by the Commonwealth of
Pennsylvania on November 10, 2009.
II. Summary of SIP Revision
The 2002 base year emissions inventory submitted by PADEP on
November 10, 2009 for the Area includes emissions estimates that cover
the general source categories of point sources, area sources, on-road
mobile sources, and non-road mobile sources. The pollutants that
comprise the inventory are PM2.5, coarse particles
(PM10), nitrogen oxides (NOX), volatile organic
compounds (VOCs), ammonia (NH3), and sulfur dioxide
(SO2). EPA has reviewed the results, procedures and
methodologies for the base year emissions inventory submitted by PADEP.
The year 2002 was selected by PADEP as the base year for the emissions
inventory per 40 CFR 51.1008(b).
A discussion of the emissions inventory development as well as the
emissions inventory can be found in the November 10, 2009 SIP submittal
as well as in the NPR. Specific requirements of the base year emissions
inventory and the rationale for EPA's 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 2002 base year PM2.5 emissions
inventory for the Area 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
the state, and EPA notes that it will not impose substantial direct
[[Page 74116]]
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 February 11, 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 pertaining to the PM2.5 base year
emissions inventory for the Pittsburgh-Beaver Valley 1997
PM2.5 nonattainment area may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 27, 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 (e)(1) is amended by adding
at the end of the table an entry for 2002 Base Year Emissions Inventory
for the 1997 fine particulate matter (PM2.5) standard to
read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2002 Base Year Emissions Pittsburgh-Beaver 11/10/09 12/13/12 [Insert page 52.2036(p)
Inventory for the 1997 fine Valley, PA. number where the
particulate matter (PM2.5 ) document begins].
standard.
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.2036 is amended by adding paragraph (p) to read as
follows:
Sec. 52.2036 Base year emissions inventory.
* * * * *
(p) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2002 base year emissions inventory for the
Pittsburgh-Beaver Valley 1997 fine particulate matter
(PM2.5) nonattainment area submitted by the Pennsylvania
Department of Environmental Protection on November 10, 2009. The base
year emissions inventory includes emissions estimates that cover the
general source categories of point sources, area sources, on-road
mobile sources, and non-road mobile sources. The pollutants that
comprise the inventory are PM2.5, coarse particles
(PM10), nitrogen oxides (NOX), volatile organic
compounds (VOCs), ammonia (NH3), and sulfur dioxide
(SO2).
[FR Doc. 2012-29987 Filed 12-12-12; 8:45 am]
BILLING CODE 6560-50-P
