Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to Allegheny County Regulations for Prevention of Significant Deterioration, 13493-13495 [2013-04291]
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
(b) Food wastes shall only be
discharged while the ship is en route
and—
(1) As far as practicable from the
nearest land or nearest ice shelf, but not
less than 12 nautical miles from the
nearest land or nearest ice shelf;
(2) After having been processed with
a grinder or comminuter specified in
§ 151.75; and
(3) Not contaminated by any other
garbage type.
(4) The discharge of introduced avian
products, including poultry and poultry
parts, is not permitted in the Antarctic
area unless it has been treated to be
made sterile.
(c) Cargo residues that cannot be
recovered using commonly available
methods for unloading may be
discharged where all the following
conditions are satisfied:
(1) The cargo residues, cleaning
agents or additives contained in the
cargo hold washing water do not
contain any substances that are harmful
to the marine environment.
(2) Both the port of departure and the
next port of destination must be within
the special area and the ship will not
transit outside of the special area when
moving between those ports.
(3) No adequate reception facilities
are available at those ports.
(4) When the conditions of paragraphs
(c)(1) through (c)(3) of this section have
been fulfilled, discharge of cargo hold
washing water containing residues shall
be made as far as practicable from the
nearest land or the nearest ice shelf and
not less than 12 nautical miles from the
nearest land or the nearest ice shelf.
(d) Cleaning agents or additives
contained in deck and external surfaces
wash water may be discharged only if
those substances are not harmful to the
marine environment.
(e) Mixtures of garbage having
different discharge requirements must
be:
(1) Retained on board for later
disposal ashore; or
(2) Discharged in accordance with the
more stringent requirement prescribed
by paragraphs (b) through (d) of this
section.
■ 14. Revise § 151.73(b) to read as
follows:
srobinson on DSK4SPTVN1PROD with RULES
§ 151.73 Operating requirements:
Discharge of garbage from fixed or floating
platforms.
*
*
*
*
*
(b) Food waste may be discharged into
the surrounding waters from a ship or
fixed or floating platform regulated by
paragraph (a) of this section if—
(1) It is processed with a grinder or
comminuter meeting the standards in
§ 151.75; and
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(2) That ship or fixed or floating
drilling rig or platform is beyond 12
nautical miles from nearest land.
§ 151.75
[Amended]
15. Amend § 151.75 by removing the
text ‘‘§ 151.69(a)(2)’’ and adding, in its
place, the text ‘‘§ 151.69(b)(1),
§ 151.71(b)(2),’’.
■ 16. Revise § 151.77 to read as follows:
■
§ 151.77 Exceptions for emergencies and
health risks.
Sections 151.67, 151.69, 151.71, and
151.73 do not apply to the following:
(a) Discharges of garbage from a ship
necessary for the purpose of securing
the safety of a ship and those on board
or saving life at sea.
(b) The accidental loss of garbage
resulting from damage to a ship or its
equipment, provided that all reasonable
precautions have been taken before and
after the occurrence of the damage, to
prevent or minimize the accidental loss.
(c) The accidental loss of fishing gear
from a ship, provided all reasonable
precautions have been taken to prevent
such loss.
(d) The discharge of fishing gear from
a ship for the protection of the marine
environment or for the safety of that
ship or its crew.
(e) The en route requirements of
§§ 151.69 and 151.71 do not apply to the
discharge of food wastes when it is clear
the retention on board of these food
wastes present an imminent health risk
to the people on board.
■ 17. Remove Appendix A to §§ 151.51
through 151.77—Summary of Garbage
Discharge Restrictions.
Dated: February 20, 2013.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U. S. Coast Guard.
[FR Doc. 2013–04616 Filed 2–27–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0378; FRL–9783–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Revision to Allegheny
County Regulations for Prevention of
Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
SUMMARY:
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13493
submitted by the Commonwealth of
Pennsylvania. This revision pertains to
the Air Pollution Control portion of the
Allegheny County Health Department
(ACHD) Rules and Regulations, relating
to ACHD’s Prevention of Significant
Deterioration (PSD) program.
Additionally, EPA is also approving this
revision for the purpose of determining
that ACHD has met its statutory
obligations with respect to the
infrastructure requirements of the Clean
Air Act (CAA) which relate to ACHD’s
PSD permitting program and are
necessary to implement, maintain, and
enforce the 1997 ozone National
Ambient Air Quality Standard (NAAQS)
as well as the 1997 and 2006 NAAQS
for particulate matter less than 2.5
microns (PM2.5). EPA is approving these
revisions that incorporate by reference
the Federal PSD program in its entirety
in accordance with the requirements of
the CAA.
DATES: This final rule is effective on
April 1, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0378. 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;
Allegheny County Health Department,
Bureau of Environmental Quality,
Division of Air Quality, 301 39th Street,
Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Paul
T. Wentworth, (215) 814–2183, or by
email at wentworth.paul@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 11, 2012 (77 FR 34300), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
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NPR proposed approval of a SIP
revision pertaining to the Air Pollution
Control portion of the Allegheny County
Health Department (ACHD) Rules and
Regulations, relating to ACHD’s PSD
program. The formal SIP revision was
submitted by Commonwealth of
Pennsylvania on July 1, 2008.
II. Summary of SIP Revision
The SIP revision submitted by
Pennsylvania on behalf of ACHD
consists of regulations pertaining to
ACHD’s Prevention of Significant
Deterioration (PSD) program. These
regulations incorporate by reference the
federal PSD program at 40 CFR section
52.21. Any changes in the Federal
program occurring after the date the
ACHD regulations were promulgated are
automatically incorporated into ACHD’s
regulations and into its SIP. By
approving this SIP revision, EPA is
formally approving ACHD’s PSD
program, which had previously been
operating under a delegation agreement.
Accordingly, the SIP revision
incorporates the new PSD requirements
for PM2.5 pursuant to the EPA’s
‘‘Prevention of Significant Deterioration
(PSD) for Particulate Matter less than 2.5
Micrometers (PM2.5)—Increments,
Significant Impact Levels (SILs) and
Significant Monitoring Concentration
(SMC)’’ (PSD PM2.5 Rule), which was
promulgated on October 20, 2010 (75 FR
64864), including the provision at 40
CFR section 52.21(k)(2) adding the PM2.5
SILs and the provision at section
52.21(i)(5)(i)(c) adding the PM2.5 SMC.
On January 22, 2013, the U.S. Court of
Appeals for the District of Columbia
Circuit (‘‘the Court’’) in Sierra Club v.
EPA, No. 10–1413 (filed Dec. 17. 2010),
issued a judgment that, inter alia,
vacated and remanded the provisions at
section 52.21(k)(2) and vacated the
provisions at section 52.21(i)(5)(i)(c)
that were promulgated as part of the
October 20, 2010 PSD PM2.5 Rule. On
this same date, the Court ordered that
issuance of the mandate shall be
withheld until seven days after any
timely petition for rehearing or petition
for rehearing en banc. See Fed. R. App.
Proc. 40(a)(1); Fed. R. App. P. 41(b).
Upon issuance of the mandate, the
Court’s decision will become final and
the provisions of sections 52.21(k)(2)
and (i)(5)(i)(c) will be vacated. At that
time, ACHD’s regulations and SIP will
automatically update such that they no
longer include that regulatory text, as
the vacatur will render those provisions
without legal effect. Although the
Court’s decision is not final until the
mandate issues, EPA expects ACHD to
act consistently with the Court’s
opinion in applying the Federal PSD
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regulations prior to formal issuance of
the mandate. Thus, EPA is approving
the SIP revision as submitted.
Other specific requirements of the
regulations and the rationale for EPA’s
proposed action are explained in the
NPR and will not be restated here. No
public comments were received on the
NPR.
III. Final Action
EPA is approving the July 1, 2008 SIP
revision as a revision to the
Commonwealth of Pennsylvania SIP.
EPA is also approving this revision for
the purpose of determining that ACHD
has met its obligations pursuant to the
PSD portions of CAA sections
110(a)(2)(C), (D)(i)(II), and (J) for the
1997 ozone and PM2.5 NAAQS and the
2006 PM2.5 NAAQS.
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);
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• 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 April 29, 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, relating to ACHD’s PSD
program, may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
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13495
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Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
1. The authority citation for part 52
continues to read as follows:
■
Dated: February 8, 2013.
Authority: 42 U.S.C. 7401 et seq.
W.C. Early,
Acting Regional Administrator, Region III.
Article XX or XXI citation
2. In § 52.2020:
a. The table in paragraph (c)(2) is
amended by adding an entry for section
‘‘2102.07’’ in numerical order.
■ b. The table in paragraph (e)(1) is
amended by adding three new entries
■
■
State effective
date
Title/subject
*
*
Part B
*
*
2102.07 ........................................
*
*
*
*
(e) * * *
*
*
Permits Generally
*
Prevention of Significant Deterioration.
*
*
*
The revised and added text reads as
follows:
Subpart NN—Pennsylvania
Therefore, 40 CFR part 52 is amended
as follows:
*
‘‘Section 110(a)(2) Infrastructure
Requirements for the 1997 8-Hour
Ozone NAAQS’’, ‘‘Section 110(a)(2)
Infrastructure Requirements for the 1997
PM2.5 NAAQS’’, and ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2006
PM2.5 NAAQS’’ at the end of the table.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
3/31/98
§ 52.2020
Identification of plan
*
*
*
*
(2) * * *
Additional explanation/
§ 52.2063 citation
EPA approval date
*
*
*
*
2/28/13 [Insert page number where the document
begins].
*
*
State submittal
date
EPA approval date
Additional explanation
*
*
2/28/13 [Insert page number where the document
begins].
*
This action addresses the
PSD related elements of
the following CAA requirements:
110(a)(2)(C), (D)(i)(II),
and (J)
This action addresses the
PSD related elements of
the following CAA requirements:
110(a)(2)(C), (D)(i)(II),
and (J)
This action addresses the
PSD related elements of
the following CAA requirements:
110(a)(2)(C), (D)(i)(II),
and (J)
(1) * * *
*
*
Section 110(a)(2) Infrastructure
Requirements for the 1997 8Hour Ozone NAAQS.
*
Allegheny County ........................
Section 110(a)(2) Infrastructure
Requirements for the 1997
PM2.5 NAAQS.
Allegheny County ........................
7/1/08
2/28/13 [Insert page number where the document
begins].
Section 110(a)(2) Infrastructure
Requirements for the 2006
PM2.5 NAAQS.
Allegheny County ........................
7/1/08
2/28/13 [Insert page number where the document
begins].
*
7/1/08
[FR Doc. 2013–04291 Filed 2–27–13; 8:45 am]
BILLING CODE 6560–50–P
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Added.
*
Applicable geographic area
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*
*
Name of non-regulatory SIP
revision
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(c) * * *
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]]>Agencies
[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13493-13495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04291]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0378; FRL-9783-8]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revision to Allegheny County Regulations for Prevention
of Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. This revision pertains
to the Air Pollution Control portion of the Allegheny County Health
Department (ACHD) Rules and Regulations, relating to ACHD's Prevention
of Significant Deterioration (PSD) program. Additionally, EPA is also
approving this revision for the purpose of determining that ACHD has
met its statutory obligations with respect to the infrastructure
requirements of the Clean Air Act (CAA) which relate to ACHD's PSD
permitting program and are necessary to implement, maintain, and
enforce the 1997 ozone National Ambient Air Quality Standard (NAAQS) as
well as the 1997 and 2006 NAAQS for particulate matter less than 2.5
microns (PM2.5). EPA is approving these revisions that
incorporate by reference the Federal PSD program in its entirety in
accordance with the requirements of the CAA.
DATES: This final rule is effective on April 1, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0378. 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; Allegheny County Health
Department, Bureau of Environmental Quality, Division of Air Quality,
301 39th Street, Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Paul T. Wentworth, (215) 814-2183, or
by email at wentworth.paul@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 11, 2012 (77 FR 34300), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The
[[Page 13494]]
NPR proposed approval of a SIP revision pertaining to the Air Pollution
Control portion of the Allegheny County Health Department (ACHD) Rules
and Regulations, relating to ACHD's PSD program. The formal SIP
revision was submitted by Commonwealth of Pennsylvania on July 1, 2008.
II. Summary of SIP Revision
The SIP revision submitted by Pennsylvania on behalf of ACHD
consists of regulations pertaining to ACHD's Prevention of Significant
Deterioration (PSD) program. These regulations incorporate by reference
the federal PSD program at 40 CFR section 52.21. Any changes in the
Federal program occurring after the date the ACHD regulations were
promulgated are automatically incorporated into ACHD's regulations and
into its SIP. By approving this SIP revision, EPA is formally approving
ACHD's PSD program, which had previously been operating under a
delegation agreement.
Accordingly, the SIP revision incorporates the new PSD requirements
for PM2.5 pursuant to the EPA's ``Prevention of Significant
Deterioration (PSD) for Particulate Matter less than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC)'' (PSD PM2.5
Rule), which was promulgated on October 20, 2010 (75 FR 64864),
including the provision at 40 CFR section 52.21(k)(2) adding the
PM2.5 SILs and the provision at section 52.21(i)(5)(i)(c)
adding the PM2.5 SMC. On January 22, 2013, the U.S. Court of
Appeals for the District of Columbia Circuit (``the Court'') in Sierra
Club v. EPA, No. 10-1413 (filed Dec. 17. 2010), issued a judgment that,
inter alia, vacated and remanded the provisions at section 52.21(k)(2)
and vacated the provisions at section 52.21(i)(5)(i)(c) that were
promulgated as part of the October 20, 2010 PSD PM2.5 Rule.
On this same date, the Court ordered that issuance of the mandate shall
be withheld until seven days after any timely petition for rehearing or
petition for rehearing en banc. See Fed. R. App. Proc. 40(a)(1); Fed.
R. App. P. 41(b). Upon issuance of the mandate, the Court's decision
will become final and the provisions of sections 52.21(k)(2) and
(i)(5)(i)(c) will be vacated. At that time, ACHD's regulations and SIP
will automatically update such that they no longer include that
regulatory text, as the vacatur will render those provisions without
legal effect. Although the Court's decision is not final until the
mandate issues, EPA expects ACHD to act consistently with the Court's
opinion in applying the Federal PSD regulations prior to formal
issuance of the mandate. Thus, EPA is approving the SIP revision as
submitted.
Other specific requirements of the regulations and the rationale
for EPA's proposed action are explained in the NPR and will not be
restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving the July 1, 2008 SIP revision as a revision to the
Commonwealth of Pennsylvania SIP. EPA is also approving this revision
for the purpose of determining that ACHD has met its obligations
pursuant to the PSD portions of CAA sections 110(a)(2)(C), (D)(i)(II),
and (J) for the 1997 ozone and PM2.5 NAAQS and the 2006
PM2.5 NAAQS.
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 April 29, 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, relating to ACHD's PSD program, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference,
[[Page 13495]]
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: February 8, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
Therefore, 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:
0
a. The table in paragraph (c)(2) is amended by adding an entry for
section ``2102.07'' in numerical order.
0
b. The table in paragraph (e)(1) is amended by adding three new entries
``Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour
Ozone NAAQS'', ``Section 110(a)(2) Infrastructure Requirements for the
1997 PM2.5 NAAQS'', and ``Section 110(a)(2) Infrastructure
Requirements for the 2006 PM2.5 NAAQS'' at the end of the
table.
The revised and added text reads as follows:
Sec. 52.2020 Identification of plan
* * * * *
(c) * * *
(2) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Additional explanation/Sec. 52.2063
Article XX or XXI citation Title/subject effective date EPA approval date citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Part B Permits Generally
* * * * * * *
2102.07........................... Prevention of 3/31/98 2/28/13 [Insert page number where the Added.
Significant document begins].
Deterioration.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State
revision area submittal date EPA approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Allegheny County..... 7/1/08 2/28/13 [Insert page number where the This action addresses the PSD related
Requirements for the 1997 8-Hour document begins]. elements of the following CAA
Ozone NAAQS. requirements: 110(a)(2)(C),
(D)(i)(II), and (J)
Section 110(a)(2) Infrastructure Allegheny County..... 7/1/08 2/28/13 [Insert page number where the This action addresses the PSD related
Requirements for the 1997 PM2.5 document begins]. elements of the following CAA
NAAQS. requirements: 110(a)(2)(C),
(D)(i)(II), and (J)
Section 110(a)(2) Infrastructure Allegheny County..... 7/1/08 2/28/13 [Insert page number where the This action addresses the PSD related
Requirements for the 2006 PM2.5 document begins]. elements of the following CAA
NAAQS. requirements: 110(a)(2)(C),
(D)(i)(II), and (J)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-04291 Filed 2-27-13; 8:45 am]
BILLING CODE 6560-50-P
