Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County Reasonably Available Control Technology Under the 8-Hour Ozone National Ambient Air Quality Standard, 13007-13011 [2013-04409]
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[FR Doc. 2013–04302 Filed 2–25–13; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R03–OAR–2013–0055; FRL–9785–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County
Reasonably Available Control
Technology Under the 8-Hour Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Proposed rule.
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Pennsylvania for
Allegheny County Health Department
(ACHD). This SIP revision consists of a
demonstration that Allegheny County’s
portion of the Pennsylvania
requirements of reasonably available
control technology (RACT) for nitrogen
oxides (NOx) and volatile organic
compounds (VOCs) satisfies the RACT
requirements set forth by the Clean Air
Act (CAA). This SIP revision
demonstrates that all requirements for
RACT are met either through
Certification that previously adopted
RACT controls in Allegheny County’s
SIP that were approved by EPA under
the 1-hour ozone national ambient air
quality standards (NAAQS) are based on
the currently available technically and
economically feasible controls, and
continue to represent RACT for the 8hour ozone NAAQS, a negative
declaration demonstrating that no
facilities exist in Allegheny County for
certain control technology guideline
(CTG) categories; and a new RACT
determination for a specific source. This
action is being taken under the CAA.
DATES: Written comments must be
received on or before March 28, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2013–0055 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: Fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2013–0055,
Cristina Fernandez, 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–2013–
0055. 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
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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. Copies are also
available at Pennsylvania Department of
Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT:
Emlyn Velez-Rosa, (215) 814–2038, or
by email at Velez-Rosa.Emlyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Ozone is formed in the atmosphere by
photochemical reactions between VOC,
NOx, and carbon monoxide (CO) in the
presence of sunlight. In order to reduce
ozone concentrations in the ambient air,
the CAA requires all nonattainment
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areas to apply controls on VOC/NOx
emission sources to achieve emission
reductions.
Since the 1970s, EPA has consistently
interpreted RACT to mean the lowest
emission limit that a particular source is
capable of meeting by the application of
the control technology that is reasonably
available considering technological and
economic feasibility. See 72 FR 20586,
20610 (April 25, 2007). Section 182 of
the CAA sets forth two separate RACT
requirements for ozone nonattainment
areas. The first requirement, contained
in section 182(a)(2)(A) of the CAA, and
referred to as RACT fix-up, requires the
correction of RACT rules for which EPA
identified deficiencies before the CAA
was amended in 1990. The
Pennsylvania RACT fix-up SIP
submittal was approved with a
conditional limited approval on March
23, 1998 (63 FR 13789) and later
converted to a full approval on October
22, 2008 (73 FR 62891).
The second requirement, set forth in
section 182(b)(2) of the CAA, applies to
moderate (or worse) ozone
nonattainment areas and attainment
areas in the ozone transport region
(OTR) established pursuant to section
184 of the CAA. These areas are
required to implement RACT controls
on all major VOC and NOx emission
sources and on all sources and source
categories covered by a CTG issued by
EPA. Allegheny County has adopted all
CTGs and they are listed in Section II of
this notice. Further details of Allegheny
County’s RACT requirements can be
found in a Technical Support Document
(TSD) prepared for this rulemaking and
included in the docket at EPA–R03–
OAR–2013–0055.
Section 182(b)(2) of the CAA required
Allegheny County to implement RACT
on all sources and source categories
covered by a CTG issued by EPA.
Stationary sources with the potential to
emit 50 tons per year or more of VOCs
or 100 tons per year or more of NOx that
were not covered by a CTG were also
required to implement RACT.
The ozone transport region (OTR) is
established by section 184 of the CAA.
Areas in the OTR are subject to OTRspecific RACT requirements. Section
184(b)(1)(B) of the CAA requires the
implementation of RACT with respect to
all sources of VOC covered by a CTG.
Additionally, section 184(b)(2) of the
CAA requires the implementation of
major stationary source requirements as
if the area was a moderate
nonattainment area on any stationary
source with a potential to emit at least
50 tons per year of VOC or 100 tons per
year of NOx. Because Allegheny County
is in Pennsylvania which is in the OTR,
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Allegheny County must comply with
section 184(b)(1)(B) and (2) of the CAA.
EPA requires for the 8-hour ozone
NAAQS that states meet the CAA RACT
requirements, either through a
certification that previously adopted
RACT controls in their SIP approved by
EPA under the 1-hour ozone NAAQS
represent adequate RACT control levels
for 8-hour ozone NAAQS attainment
purposes or through the establishment
of new or more stringent requirements
that represent RACT control levels. See
Final Rule To Implement the 8-Hour
Ozone National Ambient Air Quality
Standard—Phase 2; Final Rule To
Implement Certain Aspects of the 1990
Amendments Relating to New Source
Review and Prevention of Significant
Deterioration as They Apply in Carbon
Monoxide, Particulate Matter and
Ozone NAAQS; Final Rule for
Reformulated Gasoline (Phase 2 Rule),
70 FR 71612, 71655 (November 29,
2005). Sections 172(c)(1) and 182(b)(2)
of the CAA require that all SIPs satisfy
the NOx and VOCs RACT requirements
that apply in areas that have not
attained the NAAQS for ozone. See 42
U.S.C. 7502(c)(1), 7511a(b)(2), and
7511a(f). EPA has determined that states
that have RACT provisions approved in
their SIPs for 1-hour ozone
nonattainment areas have several
options for fulfilling the RACT
requirements for the 8-hour ozone
NAAQS. If a state meets certain
conditions, it may certify that
previously adopted 1-hour ozone RACT
controls in the SIP continue to represent
RACT control levels for purposes of
fulfilling 8-hour ozone RACT
requirements. Alternatively, a state may
establish new or more stringent
requirements that represent RACT
control levels, either in lieu of or in
conjunction with a certification.
As set forth in the preamble to the
Phase 2 Rule, a certification must be
accompanied by appropriate supporting
information such as consideration of
information received during the public
comment period and consideration of
new data (70 FR 71612, 71655). This
information may supplement existing
RACT guidance documents that were
developed for the 1-hour ozone
standard, such that the state’s SIP
accurately reflects RACT for the 8-hour
ozone standard based on the current
availability of technically and
economically feasible controls.
Establishment of new RACT
requirements will occur when states
have new stationary sources not covered
by existing RACT regulations, or when
new data or technical information
indicates that a previously adopted
RACT measure does not represent a
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newly available RACT control level.
Another 8-hour ozone NAAQS
requirement for RACT is to submit a
negative declaration if there are no CTG
sources or major sources of VOC and
NOx emissions in lieu of or in addition
to a certification.
II. Summary of the SIP Revision
On May 5, 2009, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted a revision on behalf
of ACHD for its SIP that addresses the
requirements of RACT under the 8-hour
ozone NAAQS set forth by the CAA.
Allegheny County’s SIP revision is
consistent with the process in the Phase
2 Rule preamble and satisfies the
requirements of RACT set forth by the
CAA under the 8-hour ozone NAAQS
through: (1) Certification that previously
adopted RACT controls in Allegheny
County’s SIP, which were approved by
EPA under the 1-hour ozone NAAQS,
are based on the currently available,
technically and economically feasible
controls and continue to represent
RACT for the 8-hour ozone NAAQS; (2)
a negative declaration demonstrating
that no facilities exist in Allegheny
County for the applicable CTG
categories; and (3) a new RACT
determination for a single source based
upon reliance on the Maximum
Achievable Control Technology (MACT)
standard as allowed in the Phase 2 Rule.
A. VOC CTG RACT Controls
Allegheny County’s Regulations,
codified at Article XXI, contain the
County’s CTG VOC RACT controls that
were implemented and approved in the
Allegheny County SIP under the 1-hour
ozone NAAQS. Table 1 lists Allegheny
County’s VOC RACT controls for which
Allegheny County has provided the
required evaluation and is certifying as
meeting the 8-hour ozone NAAQS
RACT requirements. Revisions to
Article XXI section 2105.10 for surface
coating processes and related
definitions found in Article XXI section
2101.20 were made after this May 5,
2009 SIP submittal and approved by
EPA into the Pennsylvania SIP on
December 28, 2010 (75 FR 81480) and
supersede the May 5, 2009 submittal.
EPA approved new regulations in the
December 28, 2010 rulemaking action
including emission limits for Large
Appliance and Metal Surface Coatings,
Article XXI section 2105.77 and
emission limits for Paper, Film, and Foil
Surface Coatings, Article XXI section
2105.79. Allegheny County also
incorporated by reference
Pennsylvania’s Consumer Products Rule
that amended Article XXI section
2105.88, which was finalized by EPA on
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November 29, 2012 (77 FR 71115) and
supersedes the May 5, 2009 submittal.
In this proposal EPA is not taking action
on those CTG Rules below that have
been revised and approved by EPA after
the May 5, 2009 submittal.
TABLE 1—ALLEGHENY COUNTY’S CTG VOC RACT CONTROLS
Existing stationary sources—40 CFR 52.2020(C)
Article XXI Section
State effective
date
Federal Register date for
SIP approval
Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume III: Surface Coating of
Metal Furniture.
Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume IV: Surface Coating for
Insulation of Magnet Wire.
Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume V: Surface Coating of
Large Appliances.
Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume VI: Surface Coating of
Miscellaneous Metal Parts and Products.
Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume VIII: Graphic Arts—Rotogravure and Flexography.
Control of Volatile Organic Emissions from Petroleum
Liquid Storage in External Floating Roof Tanks.
Control of Volatile Organic Emissions from Bulk Gasoline Plants.
Design Criteria for Stage I Vapor Control Systems—
Gasoline Service Stations.
Control of Volatile Organic Emissions from Solvent
Metal Cleaning.
Control of Volatile Organic Compounds from Use of
Cutback Asphalt.
.......................................................................................
10/20/1995
07/10/03
11/14/2002
06/24/2005
67 FR 68935
70 FR 36511
10/20/1995
11/14/2002
67 FR 68935
10/20/1995
11/14/2002
67 FR 68935
10/20/1995
11/14/2002
67 FR 68935
10/20/1995
11/14/2002
67 FR 68935
10/20/1995
11/14/2002
67 FR 68935
10/20/1995
11/14/2002
67 FR 68935
Control of Volatile Organic Compound Fugitive Emissions from Synthetic Organic Chemical Polymer and
Resin Manufacturing Equipment.
.......................................................................................
Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.
Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires.
Aerospace .....................................................................
10/20/1995
11/14/2002
67 FR 68935
10/20/1995
10/20/1995
11/14/2002
11/14/2002
67 FR 68935
67 FR 68935
10/20/1995
11/14/2002
67 FR 68935
07/10/2003
06/24/2005
70 FR 36511
ACT: Automobile Body refinishing ................................
07/10/2003
06/24/2005
70 FR 36511
Wood Furniture .............................................................
07/10/2003
06/24/2005
70 FR 36511
CTG for RACT basis
2105.10 VOC Sources
Coating Processes.
Surface
2105.11 VOC Sources
Arts Systems.
Graphic
2105.12 VOC Sources VOC Storage Tanks.
2105.13 Gasoline Loading Facilities.
2105.15
Degreasing Operations ....
2105.16
Cutback Asphalt Paving ..
2105.17 Ethylene Production Facilities.
2105.19 Synthetic Organic Chemical and Polymer Manufacturing—
Fugitive Emissions.
2105.70 Petroleum Refineries .......
2105.71 Pharmaceutical Products
2105.72 Manufacture of Pneumatic
Rubber Tires.
2105.74 Aerospace Manufacturing
and Rework.
2105.75 Mobile Equipment Repair
and Refinishing.
2105.76 Wood Furniture Manufacturing Operations.
ACHD also submitted a negative
declaration certifying that the following
VOC CTG sources listed in table 2 do
not exist in Allegheny County, and
therefore ACHD does not need to adopt
CTGs for these sources. Table 2 lists
Citation
VOC CTG sources in Allegheny
County’s negative declaration.
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TABLE 2—VOC CTG SOURCES FOR WHICH NO APPLICABLE FACILITIES EXIST IN ALLEGHENY COUNTY
Control of Volatile Organic Compound Emissions From Large Petroleum Dry Cleaners.
Control of Volatile Organic Emissions From Existing Stationary Sources, Volume II: Factory Surface Coating of Flat Wood Paneling.
Control of Volatile Organic Compound Equipment Leaks From Natural Gas/Gasoline Processing Plants.
Control of Volatile Organic Compound Emissions From Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry.
Control of Volatile Organic Compound Emissions From Reactor Processes and Distillation Operations Processes in the Synthetic Organic
Chemical Manufacturing Industry.
Control Techniques Guidelines for Shipbuilding and Ship Repair Operations.
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B. Source-Specific RACT Controls
Table 3 lists Allegheny County’s
source-specific RACT controls, which
were implemented and approved into
the SIP under the 1-hour ozone NAAQS,
for which Allegheny County is
certifying as meeting the 8-hr ozone
NAAQS RACT requirements for VOC
and/or NOX. EPA approved into the
Pennsylvania SIP new NOX emission
control regulation for Glass Melting
Furnaces in Allegheny County on
November 29, 2012 (77 FR 71117)
which regulation supersedes the sourcespecific RACT determinations
submitted in the May 5, 2009 submittal
for sources where Article XXI, section
2105.101 is applicable. Allegheny
County submitted a revision on January
25, 2012 removing all references to the
cap and trade programs, NOX SIP Call
or Clean Air Interstate Rule (CAIR)
because it certified that those electrical
generating units (EGUs) subject to such
programs have source-specific RACT
controls that do not rely on the trading
programs and because the U.S. Court of
Appeals for the District of Columbia
Circuit ruled in the National Resources
Defense Council v. EPA, 571 F.3d 1245,
1256 (July 10, 2009), that ‘‘regionwide
RACT-level reductions in emissions do
not meet the statutory requirement that
the reductions be from sources in the
nonattainment area.’’
TABLE 3—SOURCE-SPECIFIC RACT CONTROLS
State effective
date
Facility name
Allegheny Ludlum Corporation ......................................................................
Ashland Specialty Chemical Co ....................................................................
Bay Valley Foods ..........................................................................................
Bellefield Boiler Plant ....................................................................................
Eastman Chemical Resins, Inc .....................................................................
GE Lighting LLC ............................................................................................
Guardian Industries Corp ..............................................................................
Koppers Industries, Inc ..................................................................................
Neville Chemical Co ......................................................................................
NRG Energy Center ......................................................................................
Orion Power Brunot Island ............................................................................
Orion Power Cheswick ..................................................................................
PACT—Pennsylvania Allegheny County Thermal ........................................
Port Glenshaw Glass, LLC ............................................................................
PPG Industries, Inc Springdale .....................................................................
Pressure Chemical Company ........................................................................
Shenango Inc ................................................................................................
US Steel Clairton ...........................................................................................
US Steel Edgar Thomas ...............................................................................
US Steel Irvin ................................................................................................
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Finally, the Laurel Mountain
Whirlpool facility did not have a 1-hour
ozone NAAQS RACT determination, but
is subject to the MACT standards of 40
CFR 63 subpart WWWW, which has
been determined sufficient for VOC 8hour ozone NAAQS RACT in
accordance with the Phase 2 Rule.
Further details of ACHD’s RACT reevaluations can be found in the TSD
prepared for this rulemaking.
III. Proposed Action
EPA is proposing to approve the
ACHD SIP revision that addresses the
requirements of RACT under the 8-hour
ozone NAAQS, which was submitted on
May 5, 2009. This SIP revision includes
a combination of: (1) Certifications that
previously adopted RACT controls in
Pennsylvania’s SIP which were
approved by EPA under the 1-hour
ozone NAAQS are based on the
currently available, technically and
economically feasible controls and
continue to represent RACT for the 8hour ozone NAAQS; (2) a negative
declaration demonstrating that no
facilities exist in Allegheny County for
the applicable CTG categories; and (3) a
new RACT determination for a single
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Pollutant
NOX/VOC .......
NOX/VOC .......
NOX ................
NOX ................
NOX/VOC .......
NOX ................
NOX ................
VOC ................
NOX/VOC .......
NOX ................
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NOX ................
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NOX/VOC .......
VOC ................
VOC ................
NOX/VOC .......
NOX/VOC .......
NOX/VOC .......
NOX/VOC .......
source. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
IV. Statutory and Executive Order
Reviews
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 proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed 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.);
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Federal Register date
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52857.
52506.
27394.
52044.
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• 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
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practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the
Allegheny County RACT 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 14, 2013.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2013–04409 Filed 2–25–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Parts 515, 520, and 532
[Docket No. 11–22]
RIN 3072–AC51
Non-Vessel-Operating Common Carrier
Negotiated Rate Arrangements; Tariff
Publication Exemption
Federal Maritime Commission.
Notice of proposed rulemaking.
AGENCY:
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
ACTION:
SUMMARY: The Federal Maritime
Commission proposes to impose
registration requirements on foreignbased unlicensed non-vessel-operating
common carriers (NVOCCs) and to
extend an exemption from certain
provisions and requirements of the
Shipping Act of 1984 and the
Commission regulations to foreignbased unlicensed non-vessel-operating
common carriers that agree to negotiated
rate arrangements (NRAs). The
extension of the exemption is to make
NRAs more useful and to enhance
competition among all NVOCCs.
DATES: Comments or suggestions due on
or before: April 29, 2013.
ADDRESSES: Submit all comments
concerning this proposed rule to: Karen
V. Gregory, Secretary, Federal Maritime
Commission, 800 North Capitol Street
NW., Washington, DC 20573–0001,
Phone: (202) 523–5725, Email:
secretary@fmc.gov.
VerDate Mar<15>2010
14:55 Feb 25, 2013
Jkt 229001
FOR FURTHER INFORMATION CONTACT:
Rebecca A. Fenneman, General Counsel,
Federal Maritime Commission, 800
North Capitol Street NW., Washington,
DC 20573–0001, Phone: (202) 523–5740,
Email: generalcounsel@fmc.gov.
SUPPLEMENTARY INFORMATION:
Submit Comments: Submit an original
and 5 copies in paper form, and if
possible, send a PDF of the document by
email to secretary@fmc.gov. Include in
the subject line: Docket No. 11–22,
Comments on Non-Vessel-Operating
Common Carrier Negotiated Rate
Arrangements; Tariff Publication
Exemption.
Background
On March 2, 2011, the Commission
published a final rule promulgating 46
CFR part 532, Docket No. 10–03, NonVessel-Operating Common Carrier
Negotiated Rate Arrangements, which
exempted licensed non-vessel-operating
common carriers (NVOCCs) that enter
into negotiated rate arrangements
(NRAs) from the tariff rate publication
requirements of the Shipping Act of
1984 and certain provisions and
requirements of the Commission’s
regulations. 76 FR 11351 (Mar. 2, 2011).
However, concerns about extending
the exemption to foreign-based
unlicensed NVOCCs were raised by
staff. Id. at 11355–11356. Foreign-based
unlicensed NVOCCs are not subject to
the same stringent requirements as
licensed NVOCCs, such as review of the
experience and character of the
shareholders, major officers, and
Qualifying Individual of the license
applicant. Accordingly, the Commission
decided at the time to permit the NRAs
only to licensed NVOCCs, while stating
that it will commence proceedings to
obtain and consider additional
comments on potential modifications to
the final rule, including possible
extension of the exemption to foreignbased unlicensed NVOCCs. Id. at 11357.
The Commission later issued a Notice
of Inquiry, Docket No. 11–22, NonVessel-Operating Common Carrier
Negotiated Rate Arrangements; Tariff
Filing Exemption, seeking comments on
ways to make the NRA rules more
useful and on its possible extension to
foreign-based unlicensed NVOCCs. 76
FR 80866 (Dec. 27, 2011). Adopting
suggestions by a number of ocean
transportation intermediaries and U.S.
and foreign trade associations, the
Commission published a direct final
rule eliminating some of the technical
requirements of the rule. 77 FR 33971
(June 8, 2012). The Commission,
however, decided to continue to
consider other suggestions, including
possible extension of the exemption to
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
13011
foreign-based unlicensed NVOCCs, at a
future date. Id. at 33972.
Discussion
The Commission may exempt any
specified future activity from any
requirements of the Shipping Act of
1984 ‘‘if the Commission finds that the
exemption will not result in substantial
reduction in competition or be
detrimental to commerce.’’ 46 U.S.C.
40103. The Commission may attach
conditions to an exemption and may, by
order, revoke an exemption. Id. In
Docket No. 10–03, the Commission
found that allowing licensed NVOCCs to
opt out of the requirements to publish
tariff rates will enhance competition,
rather than result in a substantial
reduction in competition among
licensed NVOCCs. 76 FR 11351, 11352.
After reviewing all of the comments
received and in light of the conditions
for using NRAs, the Commission also
found that permitting licensed NVOCCs
the option of operating under NRAs
would not be detrimental to commerce.
Id. at 11353.
Commission staff, however, raised
concerns that extending the exemption
to foreign-based unlicensed NVOCCs
could hamper the Commission’s ability
to protect the shipping public, as the
exemption is predicated, among other
things, on the prompt availability of
records. Id. at 11353. There were also
concerns about the lack of oversight of
foreign-based unlicensed NVOCCs. Id.
at 11356. The licensing process for
licensed NVOCCs includes a detailed
review of the experience and character
of the applicant’s Qualifying Individual,
and the character of its major officers
and shareholders. Id. Further, the
Commission’s Bureau of Certification
and Licensing’s review of applicants
includes a thorough vetting of the
Commission’s complaint and
enforcement records system as well as
commercial databases to analyze the
applicant’s financial background. Id.
While the Commission approves a
license based upon substantive and
verified information, the Commission
knows little more than the name and
address of foreign-based unlicensed
NVOCCs. Id. Further, foreign-based
unlicensed NVOCCs are not required to
designate a Qualifying Individual. Id.
Those discussions brought to light the
need for a registration process for
foreign-based unlicensed NVOCCs. The
registration process requires such
NVOCCs submit a registration form to
the Commission that identifies the
NVOCCs’ legal name, trade name(s),
principal address, contact information
including name of a contact person, and
name, address, and contact person for a
E:\FR\FM\26FEP1.SGM
26FEP1
]]>Agencies
[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Proposed Rules]
[Pages 13007-13011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04409]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0055; FRL-9785-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Reasonably Available Control Technology
Under the 8-Hour Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania for Allegheny
County Health Department (ACHD). This SIP revision consists of a
demonstration that Allegheny County's portion of the Pennsylvania
requirements of reasonably available control technology (RACT) for
nitrogen oxides (NOx) and volatile organic compounds (VOCs) satisfies
the RACT requirements set forth by the Clean Air Act (CAA). This SIP
revision demonstrates that all requirements for RACT are met either
through Certification that previously adopted RACT controls in
Allegheny County's SIP that were approved by EPA under the 1-hour ozone
national ambient air quality standards (NAAQS) are based on the
currently available technically and economically feasible controls, and
continue to represent RACT for the 8-hour ozone NAAQS, a negative
declaration demonstrating that no facilities exist in Allegheny County
for certain control technology guideline (CTG) categories; and a new
RACT determination for a specific source. This action is being taken
under the CAA.
DATES: Written comments must be received on or before March 28, 2013.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0055 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: Fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2013-0055, Cristina Fernandez, 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-
2013-0055. 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. Copies are also available at
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Emlyn Velez-Rosa, (215) 814-2038, or
by email at Velez-Rosa.Emlyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Ozone is formed in the atmosphere by photochemical reactions
between VOC, NOx, and carbon monoxide (CO) in the presence of sunlight.
In order to reduce ozone concentrations in the ambient air, the CAA
requires all nonattainment
[[Page 13008]]
areas to apply controls on VOC/NOx emission sources to achieve emission
reductions.
Since the 1970s, EPA has consistently interpreted RACT to mean the
lowest emission limit that a particular source is capable of meeting by
the application of the control technology that is reasonably available
considering technological and economic feasibility. See 72 FR 20586,
20610 (April 25, 2007). Section 182 of the CAA sets forth two separate
RACT requirements for ozone nonattainment areas. The first requirement,
contained in section 182(a)(2)(A) of the CAA, and referred to as RACT
fix-up, requires the correction of RACT rules for which EPA identified
deficiencies before the CAA was amended in 1990. The Pennsylvania RACT
fix-up SIP submittal was approved with a conditional limited approval
on March 23, 1998 (63 FR 13789) and later converted to a full approval
on October 22, 2008 (73 FR 62891).
The second requirement, set forth in section 182(b)(2) of the CAA,
applies to moderate (or worse) ozone nonattainment areas and attainment
areas in the ozone transport region (OTR) established pursuant to
section 184 of the CAA. These areas are required to implement RACT
controls on all major VOC and NOx emission sources and on all sources
and source categories covered by a CTG issued by EPA. Allegheny County
has adopted all CTGs and they are listed in Section II of this notice.
Further details of Allegheny County's RACT requirements can be found in
a Technical Support Document (TSD) prepared for this rulemaking and
included in the docket at EPA-R03-OAR-2013-0055.
Section 182(b)(2) of the CAA required Allegheny County to implement
RACT on all sources and source categories covered by a CTG issued by
EPA. Stationary sources with the potential to emit 50 tons per year or
more of VOCs or 100 tons per year or more of NOx that were not covered
by a CTG were also required to implement RACT.
The ozone transport region (OTR) is established by section 184 of
the CAA. Areas in the OTR are subject to OTR-specific RACT
requirements. Section 184(b)(1)(B) of the CAA requires the
implementation of RACT with respect to all sources of VOC covered by a
CTG. Additionally, section 184(b)(2) of the CAA requires the
implementation of major stationary source requirements as if the area
was a moderate nonattainment area on any stationary source with a
potential to emit at least 50 tons per year of VOC or 100 tons per year
of NOx. Because Allegheny County is in Pennsylvania which is in the
OTR, Allegheny County must comply with section 184(b)(1)(B) and (2) of
the CAA.
EPA requires for the 8-hour ozone NAAQS that states meet the CAA
RACT requirements, either through a certification that previously
adopted RACT controls in their SIP approved by EPA under the 1-hour
ozone NAAQS represent adequate RACT control levels for 8-hour ozone
NAAQS attainment purposes or through the establishment of new or more
stringent requirements that represent RACT control levels. See Final
Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 2; Final Rule To Implement Certain Aspects of the 1990
Amendments Relating to New Source Review and Prevention of Significant
Deterioration as They Apply in Carbon Monoxide, Particulate Matter and
Ozone NAAQS; Final Rule for Reformulated Gasoline (Phase 2 Rule), 70 FR
71612, 71655 (November 29, 2005). Sections 172(c)(1) and 182(b)(2) of
the CAA require that all SIPs satisfy the NOx and VOCs RACT
requirements that apply in areas that have not attained the NAAQS for
ozone. See 42 U.S.C. 7502(c)(1), 7511a(b)(2), and 7511a(f). EPA has
determined that states that have RACT provisions approved in their SIPs
for 1-hour ozone nonattainment areas have several options for
fulfilling the RACT requirements for the 8-hour ozone NAAQS. If a state
meets certain conditions, it may certify that previously adopted 1-hour
ozone RACT controls in the SIP continue to represent RACT control
levels for purposes of fulfilling 8-hour ozone RACT requirements.
Alternatively, a state may establish new or more stringent requirements
that represent RACT control levels, either in lieu of or in conjunction
with a certification.
As set forth in the preamble to the Phase 2 Rule, a certification
must be accompanied by appropriate supporting information such as
consideration of information received during the public comment period
and consideration of new data (70 FR 71612, 71655). This information
may supplement existing RACT guidance documents that were developed for
the 1-hour ozone standard, such that the state's SIP accurately
reflects RACT for the 8-hour ozone standard based on the current
availability of technically and economically feasible controls.
Establishment of new RACT requirements will occur when states have new
stationary sources not covered by existing RACT regulations, or when
new data or technical information indicates that a previously adopted
RACT measure does not represent a newly available RACT control level.
Another 8-hour ozone NAAQS requirement for RACT is to submit a negative
declaration if there are no CTG sources or major sources of VOC and NOx
emissions in lieu of or in addition to a certification.
II. Summary of the SIP Revision
On May 5, 2009, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a revision on behalf of ACHD for its SIP
that addresses the requirements of RACT under the 8-hour ozone NAAQS
set forth by the CAA. Allegheny County's SIP revision is consistent
with the process in the Phase 2 Rule preamble and satisfies the
requirements of RACT set forth by the CAA under the 8-hour ozone NAAQS
through: (1) Certification that previously adopted RACT controls in
Allegheny County's SIP, which were approved by EPA under the 1-hour
ozone NAAQS, are based on the currently available, technically and
economically feasible controls and continue to represent RACT for the
8-hour ozone NAAQS; (2) a negative declaration demonstrating that no
facilities exist in Allegheny County for the applicable CTG categories;
and (3) a new RACT determination for a single source based upon
reliance on the Maximum Achievable Control Technology (MACT) standard
as allowed in the Phase 2 Rule.
A. VOC CTG RACT Controls
Allegheny County's Regulations, codified at Article XXI, contain
the County's CTG VOC RACT controls that were implemented and approved
in the Allegheny County SIP under the 1-hour ozone NAAQS. Table 1 lists
Allegheny County's VOC RACT controls for which Allegheny County has
provided the required evaluation and is certifying as meeting the 8-
hour ozone NAAQS RACT requirements. Revisions to Article XXI section
2105.10 for surface coating processes and related definitions found in
Article XXI section 2101.20 were made after this May 5, 2009 SIP
submittal and approved by EPA into the Pennsylvania SIP on December 28,
2010 (75 FR 81480) and supersede the May 5, 2009 submittal. EPA
approved new regulations in the December 28, 2010 rulemaking action
including emission limits for Large Appliance and Metal Surface
Coatings, Article XXI section 2105.77 and emission limits for Paper,
Film, and Foil Surface Coatings, Article XXI section 2105.79. Allegheny
County also incorporated by reference Pennsylvania's Consumer Products
Rule that amended Article XXI section 2105.88, which was finalized by
EPA on
[[Page 13009]]
November 29, 2012 (77 FR 71115) and supersedes the May 5, 2009
submittal. In this proposal EPA is not taking action on those CTG Rules
below that have been revised and approved by EPA after the May 5, 2009
submittal.
Table 1--Allegheny County's CTG VOC RACT Controls
----------------------------------------------------------------------------------------------------------------
Existing stationary sources--40 CFR 52.2020(C)
-------------------------------------------------------------------------
Federal
Article XXI Section State Register date
CTG for RACT basis effective date for SIP Citation
approval
----------------------------------------------------------------------------------------------------------------
2105.10 VOC Sources Surface Coating Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Processes. Organic Emissions from 07/10/03 06/24/2005 70 FR 36511
Existing Stationary
Sources, Volume II:
Surface Coating of
Cans, Coils, Paper,
Fabrics, Automobiles,
and Light-Duty Trucks.
Control of Volatile
Organic Emissions from
Existing Stationary
Sources, Volume III:
Surface Coating of
Metal Furniture.
Control of Volatile
Organic Emissions from
Existing Stationary
Sources, Volume IV:
Surface Coating for
Insulation of Magnet
Wire.
Control of Volatile
Organic Emissions from
Existing Stationary
Sources, Volume V:
Surface Coating of
Large Appliances.
Control of Volatile
Organic Emissions from
Existing Stationary
Sources, Volume VI:
Surface Coating of
Miscellaneous Metal
Parts and Products.
2105.11 VOC Sources Graphic Arts Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Systems. Organic Emissions from
Existing Stationary
Sources, Volume VIII:
Graphic Arts--
Rotogravure and
Flexography.
2105.12 VOC Sources VOC Storage Tanks. Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Organic Emissions from
Petroleum Liquid
Storage in External
Floating Roof Tanks.
2105.13 Gasoline Loading Facilities... Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Organic Emissions from
Bulk Gasoline Plants.
Design Criteria for
Stage I Vapor Control
Systems--Gasoline
Service Stations.
2105.15 Degreasing Operations......... Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Organic Emissions from
Solvent Metal Cleaning.
2105.16 Cutback Asphalt Paving........ Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Organic Compounds from
Use of Cutback Asphalt.
2105.17 Ethylene Production Facilities ........................ 10/20/1995 11/14/2002 67 FR 68935
2105.19 Synthetic Organic Chemical and Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Polymer Manufacturing--Fugitive Organic Compound
Emissions. Fugitive Emissions from
Synthetic Organic
Chemical Polymer and
Resin Manufacturing
Equipment.
2105.70 Petroleum Refineries.......... ........................ 10/20/1995 11/14/2002 67 FR 68935
2105.71 Pharmaceutical Products....... Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Organic Emissions from
Manufacture of
Synthesized
Pharmaceutical Products.
2105.72 Manufacture of Pneumatic Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Rubber Tires. Organic Emissions from
Manufacture of
Pneumatic Rubber Tires.
2105.74 Aerospace Manufacturing and Aerospace............... 07/10/2003 06/24/2005 70 FR 36511
Rework.
2105.75 Mobile Equipment Repair and ACT: Automobile Body 07/10/2003 06/24/2005 70 FR 36511
Refinishing. refinishing.
2105.76 Wood Furniture Manufacturing Wood Furniture.......... 07/10/2003 06/24/2005 70 FR 36511
Operations.
----------------------------------------------------------------------------------------------------------------
ACHD also submitted a negative declaration certifying that the
following VOC CTG sources listed in table 2 do not exist in Allegheny
County, and therefore ACHD does not need to adopt CTGs for these
sources. Table 2 lists VOC CTG sources in Allegheny County's negative
declaration.
Table 2--VOC CTG Sources for Which No Applicable Facilities Exist in
Allegheny County
------------------------------------------------------------------------
-------------------------------------------------------------------------
Control of Volatile Organic Compound Emissions From Large Petroleum Dry
Cleaners.
Control of Volatile Organic Emissions From Existing Stationary Sources,
Volume II: Factory Surface Coating of Flat Wood Paneling.
Control of Volatile Organic Compound Equipment Leaks From Natural Gas/
Gasoline Processing Plants.
Control of Volatile Organic Compound Emissions From Air Oxidation
Processes in Synthetic Organic Chemical Manufacturing Industry.
Control of Volatile Organic Compound Emissions From Reactor Processes
and Distillation Operations Processes in the Synthetic Organic Chemical
Manufacturing Industry.
Control Techniques Guidelines for Shipbuilding and Ship Repair
Operations.
------------------------------------------------------------------------
[[Page 13010]]
B. Source-Specific RACT Controls
Table 3 lists Allegheny County's source-specific RACT controls,
which were implemented and approved into the SIP under the 1-hour ozone
NAAQS, for which Allegheny County is certifying as meeting the 8-hr
ozone NAAQS RACT requirements for VOC and/or NOX. EPA
approved into the Pennsylvania SIP new NOX emission control
regulation for Glass Melting Furnaces in Allegheny County on November
29, 2012 (77 FR 71117) which regulation supersedes the source-specific
RACT determinations submitted in the May 5, 2009 submittal for sources
where Article XXI, section 2105.101 is applicable. Allegheny County
submitted a revision on January 25, 2012 removing all references to the
cap and trade programs, NOX SIP Call or Clean Air Interstate
Rule (CAIR) because it certified that those electrical generating units
(EGUs) subject to such programs have source-specific RACT controls that
do not rely on the trading programs and because the U.S. Court of
Appeals for the District of Columbia Circuit ruled in the National
Resources Defense Council v. EPA, 571 F.3d 1245, 1256 (July 10, 2009),
that ``regionwide RACT-level reductions in emissions do not meet the
statutory requirement that the reductions be from sources in the
nonattainment area.''
Table 3--Source-Specific RACT Controls
----------------------------------------------------------------------------------------------------------------
State Federal
Facility name effective date Pollutant Register date Citation
----------------------------------------------------------------------------------------------------------------
Allegheny Ludlum Corporation.... 12/19/1996 NOX/VOC............... 10/18/2001 66 FR 52857.
Ashland Specialty Chemical Co... 12/30/1996 NOX/VOC............... 10/16/2001 66 FR 52506.
Bay Valley Foods................ 06/09/2005 NOX................... 05/11/2006 71 FR 27394.
Bellefield Boiler Plant......... 12/19/1996 NOX................... 10/12/2001 66 FR 52044.
Eastman Chemical Resins, Inc.... 11/01/1999 NOX/VOC............... 10/16/2001 66 FR 52506.
GE Lighting LLC................. 12/19/1996 NOX................... 10/16/2001 66 FR 52527.
Guardian Industries Corp........ 08/27/1996 NOX................... 10/16/2001 66 FR 52527.
Koppers Industries, Inc......... 08/27/1996 VOC................... 10/17/2001 66 FR 52700.
Neville Chemical Co............. 12/13/1996 NOX/VOC............... 10/16/2001 66 FR 52506.
NRG Energy Center............... 06/09/2005 NOX................... 05/11/2006 71 FR 27394.
Orion Power Brunot Island....... 08/27/1996 NOX/VOC............... 10/15/2001 66 FR 52327.
Orion Power Cheswick............ 03/08/1996 NOX................... 10/18/2001 66 FR 52867.
PACT--Pennsylvania Allegheny 03/04/1996 NOX................... 10/12/2001 66 FR 52044.
County Thermal.
Port Glenshaw Glass, LLC........ 03/10/2000 NOX/VOC............... 10/16/2001 66 FR 52527.
PPG Industries, Inc Springdale.. 12/19/1996 VOC................... 10/12/2001 66 FR 52050.
Pressure Chemical Company....... 06/11/1997 VOC................... 10/17/2001 66 FR 52700.
Shenango Inc.................... 12/30/1996 NOX/VOC............... 10/16/2001 66 FR 52511.
US Steel Clairton............... 12/30/1996 NOX/VOC............... 10/16/2001 66 FR 52511.
US Steel Edgar Thomas........... 12/30/1996 NOX/VOC............... 10/16/2001 66 FR 52511.
US Steel Irvin.................. 12/30/1996 NOX/VOC............... 10/16/2001 66 FR 52511.
----------------------------------------------------------------------------------------------------------------
Finally, the Laurel Mountain Whirlpool facility did not have a 1-
hour ozone NAAQS RACT determination, but is subject to the MACT
standards of 40 CFR 63 subpart WWWW, which has been determined
sufficient for VOC 8-hour ozone NAAQS RACT in accordance with the Phase
2 Rule. Further details of ACHD's RACT re-evaluations can be found in
the TSD prepared for this rulemaking.
III. Proposed Action
EPA is proposing to approve the ACHD SIP revision that addresses
the requirements of RACT under the 8-hour ozone NAAQS, which was
submitted on May 5, 2009. This SIP revision includes a combination of:
(1) Certifications that previously adopted RACT controls in
Pennsylvania's SIP which were approved by EPA under the 1-hour ozone
NAAQS are based on the currently available, technically and
economically feasible controls and continue to represent RACT for the
8-hour ozone NAAQS; (2) a negative declaration demonstrating that no
facilities exist in Allegheny County for the applicable CTG categories;
and (3) a new RACT determination for a single source. EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews
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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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
[[Page 13011]]
practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the Allegheny County RACT 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 14, 2013.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2013-04409 Filed 2-25-13; 8:45 am]
BILLING CODE 6560-50-P
