Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Update to Materials Incorporated by Reference, 46516-46519 [2013-18415]
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46516
Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations
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NAAQS, and CAA section
110(a)(2)(D)(i)(II) as it applies to
visibility for the 2006 PM2.5 and 2008
ozone NAAQS. This action is being
taken under section 110 of the CAA.
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
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves the state’s law
as meeting Federal requirements and
does not impose additional
requirements beyond those imposed by
the state’s 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 the 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,
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November 9, 2000), because the SIP is
not approved to apply in Indian country
located in Oregon, and the EPA notes
that it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 30,
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 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, Intergovernmental relations,
Ozone, Particulate matter, and
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 19, 2013.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
PART 52—[APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS]
1. The authority citation for Part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
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Subpart MM—Oregon
2. Section 52.1991 is amended by
redesignating the undesignated text as
paragraph (a), and by adding paragraph
(b) to read as follows:
■
§ 52.1991 Section 110(a)(2) infrastructure
requirements.
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(b) On September 25, 2008, December
23, 2010, August 17, 2011, and
December 19, 2011, the Oregon
Department of Environmental Quality
submitted SIP revisions to address the
requirements of CAA sections 110(a)(1)
and (2) for the 1997 PM2.5, 2006 PM2.5,
and 2008 ozone NAAQS. The EPA
approves the submittals as meeting the
following CAA section 110(a)(2)
infrastructure elements for the 1997
PM2.5, 2006 PM2.5, and the 2008 ozone
NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). The EPA also
approves the submittals as meeting the
requirements of CAA section
110(a)(2)(D)(i)(II) as it applies to
prevention of significant deterioration
for the 2008 ozone NAAQS, and CAA
section 110(a)(2)(D)(i)(II) as it applies to
visibility for the 2006 PM2.5 and 2008
ozone NAAQS.
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[FR Doc. 2013–18314 Filed 7–31–13; 8:45 am]
BILLING CODE 6560–50–P
EVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[PA200–4204; FRL–9811–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
EPA is updating the materials
that are incorporated by reference (IBR)
into the Pennsylvania State
Implementation Plan (SIP). The
regulations affected by this update have
been previously submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) and
approved by EPA. This update affects
the SIP materials that are available for
public inspection at the National
Archives and Records Administration
(NARA), the Air and Radiation Docket
and Information Center located at EPA
Headquarters in Washington, DC, and
the EPA Regional Office.
SUMMARY:
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Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations
DATES:
This action is effective August 1,
2013.
SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; the
Air and Radiation Docket and
Information Center, U.S. Environmental
Protection Agency, 1301 Constitution
Avenue NW., Room Number 3334, EPA
West Building, Washington, DC 20460;
or the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108 or
by email at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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I. Background
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference Federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
February 25, 2005 (70 FR 9450), EPA
published a document in the Federal
Register beginning the new IBR
procedure for Pennsylvania, including
Philadelphia and Allegheny Counties.
On January 3, 2007 (72 FR 200), March
25, 2009 (74 FR 13014), and July 5, 2011
(76 FR 38992), EPA published updates
to the IBR material for Pennsylvania.
Since the publication of the last IBR
update, EPA has approved the following
regulatory changes to the following
regulations and sections for
Pennsylvania and Allegheny County:
A. Added Regulations
1. Additions of the following
regulations or sections in 25 PA Code,
article III:
a. Chapter 123 (Standards for
Contaminants, Particulate Matter
Emissions), section 123.14 (Outdoor
wood-fired boilers).
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b. Chapter 126 (Standard for Motor
Fuels), subchapter D (Motor Vehicle
Emissions Control Program), section
126.451 (Responsibilities of the
Department).
c. Chapter 127 (Construction,
Modification, Reactivation, and
Operation of Sources), subchapter B
(Plan Approval Requirements), section
127.12d (Completeness determination).
d. Chapter 127, subchapter E (New
Source Review), sections 127.201a,
127.203a, and 127.218.
e. Chapter 129 (Standards for Sources,
Sources of VOCs), sections 129.52a,
129.52b, and 129.52c.
f. Chapter 129 (Standards for Sources,
Control of Emissions from Glass Melting
Furnaces), sections 129.301 through
129.310 inclusive.
g. Chapter 130 (Standards for
Products), subchapter D (Adhesives,
Sealants, Primers, and Solvents),
sections 130.701 through 130.708
inclusive.
h. Chapter 145 (Interstate Pollution
Transport Reduction), subchapter C
(Emissions of NOx from Cement
Manufacturing), sections 145.144,
145.145, and 145.146.
2. Addition of Title 35 (Health and
Safety) of the Pennsylvania Statute (Pa.
Cons. Stat. Ann.), Chapter 23B (DieselPowered Motor Vehicle Idling Act),
sections 4601 through 4610 inclusive.
3. Additions of the following
regulations or sections in Allegheny
County Article XXI:
a. Part B (Permits Generally), Section
2102.07 (Prevention of Significant
Deterioration).
b. Part E (Source Emission and
Operating Standards), subpart 8
(Additional Miscellaneous VOC
Sources), section 2105.88 (Consumer
Products).
c. Part E, subpart 10 (NOX Sources),
section 2105.101 (Control of NOX
Emissions from Glass Melting
Furnaces).
B. Revised Regulations
1. Revisions to the following
regulations or sections in 25 PA Code,
Article III:
a. Chapter 121 (General Provisions),
section 121.1 (Definitions).
b. Chapter 126, subchapter D, sections
126.401, 126.411, 126.412, 126.413,
126.421 through 126.425 inclusive,
126.431, 126.432, and 126.441.
c. Chapter 127, subchapter B, sections
127.12b, 127.13, 127.44, 127.45, and
127.48.
d. Chapter 127, subchapter E, sections
127.201 through 127.215 inclusive and
127.217.
e. Chapter 129, Sources of VOCs,
sections 129.51, 129.52, and 129.66.
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f. Chapter 145, subchapter C, sections
145.142 and 145.143.
2. Revision to Allegheny County
Article XXI, part B, section 2102.06
(Major Sources Locating In or Impacting
a Nonattainment Area).
C. Removed Regulations
In 25 PA Code Article III, section
126.402 (NLEV scope and applicability)
of chapter 126, subchapter D has been
removed.
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of April 1,
2013. EPA is also correcting
typographical errors and omissions
found in the table for paragraph
52.2020(c)(2), specifically adding a title
entry for Part E, subpart 8 (Additional
Miscellaneous VOC Sources) and
removing the word ‘‘Section’’ in the
‘‘Article XX or XXI citation’’ column for
entries 2105.88 and 2105.101. In the
table for paragraph 52.2020(d)(1), EPA is
revising the title heading in the second
column from ‘‘Permit No.’’ to ‘‘Permit
Number.’’ EPA has determined that the
actual entries found in the table of
paragraph 52.2020(d)(1) are correct in
the Code of Federal Regulations (CFR)
and need no additional editing at this
time. EPA has further determined that
the entries found in the tables of
paragraphs 52.2020(c)(1), (c)(3), (d)(2)
through (d)(4), (e)(1), and (e)(2) are
correct in the CFR and need no
additional editing at this time.
EPA has determined that today’s rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s rule simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
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Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations
costs on tribal governments or preempt
tribal law.
A. General Requirements
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III. Statutory and Executive Order
Reviews
B. Submission to Congress and the
Comptroller General
Under the Clean Air Act (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
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The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule 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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the
Pennsylvania SIP compilations had
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day
period for filing such petitions for
judicial review for this ‘‘Identification of
plan’’ update action for Pennsylvania.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 25, 2013.
W. C. Early,
Acting Regional Administrator, Region III.
40 CFR Part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN
■
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Pennsylvania
2. Section 52.2020 is amended by:
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a. Revising paragraph (b).
b. In paragraph (c)(2), adding a title
entry for Subpart 8—Additional
Miscellaneous VOC Sources after the
existing entry for 2105.79, and revising
the entries for Sections 2105.88 and
2105.101.
■ c. In paragraph (d)(1), revising the
table heading.
The amendments read as follows:
■
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§ 52.2020
Identification of plan.
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(b) Incorporation by reference. (1)
Material listed as incorporated by
reference in paragraphs (c) and (d) of
this section with an EPA approval date
of April 1, 2013 was approved for
incorporation by reference by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR Part 51. The material incorporated
is as it exists on the date of the approval,
and notice of any change in the material
will be published in the Federal
Register. Entries in paragraphs (c) and
(d) of this section with EPA approval
dates on or after April 1, 2013 will be
incorporated by reference in the next
update to the SIP compilation.
(2)(i) EPA Region III certifies that the
following rules and regulations
provided by EPA at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated State rules/regulations
which have been approved as part of the
State implementation plan as of April 1,
2013:
(A) Materials in Notebook ‘‘40 CFR
52.2020(c)(1)—1. PA Department of
Environmental Protection (PA DEP); 2.
PA Department of Transportation (PA
DOT).’’
(B) Materials in Notebook ‘‘1. 40 CFR
52.2020(c)(2)—Allegheny County Health
Department (ACHD); 2. 40 CFR
52.2020(c)(3)—Philadelphia Air
Management Services (AMS).’’
(ii) EPA Region III certifies that the
following source-specific requirements
provided by EPA at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated State source-specific
requirements which have been
approved as part of the State
implementation plan as of November 1,
2006. No additional revisions were
made between November 1, 2006 and
April 1, 2013:
(A) [Reserved.]
(B) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 1, Part 1.’’
(C) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 1, Part 2.’’
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Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations
(D) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 2, Part 1.’’
(E) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 2, Part 2.’’
(F) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 3.’’
(G) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 4.’’
(H) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 5.’’
(I) Materials in Notebook ‘‘40 CFR
52.2020(d)(2)–(d)(4)—Source-specific
Requirements.’’
(iii) EPA Region III certifies that the
materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 6’’ provided by
EPA at the addresses in paragraph (b)(3)
of this section are an exact duplicate of
the officially promulgated State sourcespecific requirements which have been
approved as part of the State
implementation plan as of November 1,
2008. No additional revisions were
made between November 1, 2008 and
April 1, 2013.
(3) Copies of the materials
incorporated by reference may be
inspected at the EPA Region III Office at
1650 Arch Street, Philadelphia, PA
19103. For further information, call
(215) 814–2108; the EPA, Air and
Radiation Docket and Information
Center, Room Number 3334, EPA West
Building, 1301 Constitution Avenue
NW., Washington, DC 20460. For further
information, call (202) 566–1742; or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
(c) EPA-approved regulations.
EPA-Approved Regulations and
Statutes
(c)(1) * * *
(2)
EPA-APPROVED ALLEGHENY COUNTY HEALTH DEPARTMENT (ACHD) REGULATIONS
Article XX or XXI citation
*
State effective
date
Title/subject
*
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Additional explanation/
§ 52.2063 citation
EPA approval date
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Part E—Source Emission and Operating Standards
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Subpart 8—Additional Miscellaneous VOC Sources
2105.88 ...................................
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Consumer Products ...............
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4/3/12
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11/29/12, 77 FR 71115
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Subpart 10—NOX Sources
2105.101 .................................
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Control of NOX Emissions
from Glass Melting Furnaces.
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4/3/12
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(3) * * *
11/29/12, 77 FR 71117
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(d) EPA-Approved State SourceSpecific Requirements
EPA-APPROVED SOURCE-SPECIFIC REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) REQUIREMENTS FOR
VOLATILE ORGANIC COMPOUNDS (VOC) AND OXIDES OF NITROGEN (NOX)
Name of source
Permit No.
State effective
date
County
EPA approval date
Additional
explanation/
§ 52.2063 citation
For exceptions, see the applicable paragraphs in 40 CFR § 52.2063(c)
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[FR Doc. 2013–18415 Filed 7–31–13; 8:45 am]
BILLING CODE P
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]]>Agencies
[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46516-46519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18415]
-----------------------------------------------------------------------
EVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA200-4204; FRL-9811-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: EPA is updating the materials that are incorporated by
reference (IBR) into the Pennsylvania State Implementation Plan (SIP).
The regulations affected by this update have been previously submitted
by the Pennsylvania Department of Environmental Protection (PADEP) and
approved by EPA. This update affects the SIP materials that are
available for public inspection at the National Archives and Records
Administration (NARA), the Air and Radiation Docket and Information
Center located at EPA Headquarters in Washington, DC, and the EPA
Regional Office.
[[Page 46517]]
DATES: This action is effective August 1, 2013.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 1301 Constitution Avenue NW., Room Number 3334, EPA West
Building, Washington, DC 20460; or the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108 or
by email at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, EPA, from time to
time, must take action on SIP revisions containing new and/or revised
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between EPA and the Office
of the Federal Register (OFR). The description of the revised SIP
document, IBR procedures and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997 Federal Register
document. On February 25, 2005 (70 FR 9450), EPA published a document
in the Federal Register beginning the new IBR procedure for
Pennsylvania, including Philadelphia and Allegheny Counties. On January
3, 2007 (72 FR 200), March 25, 2009 (74 FR 13014), and July 5, 2011 (76
FR 38992), EPA published updates to the IBR material for Pennsylvania.
Since the publication of the last IBR update, EPA has approved the
following regulatory changes to the following regulations and sections
for Pennsylvania and Allegheny County:
A. Added Regulations
1. Additions of the following regulations or sections in 25 PA
Code, article III:
a. Chapter 123 (Standards for Contaminants, Particulate Matter
Emissions), section 123.14 (Outdoor wood-fired boilers).
b. Chapter 126 (Standard for Motor Fuels), subchapter D (Motor
Vehicle Emissions Control Program), section 126.451 (Responsibilities
of the Department).
c. Chapter 127 (Construction, Modification, Reactivation, and
Operation of Sources), subchapter B (Plan Approval Requirements),
section 127.12d (Completeness determination).
d. Chapter 127, subchapter E (New Source Review), sections
127.201a, 127.203a, and 127.218.
e. Chapter 129 (Standards for Sources, Sources of VOCs), sections
129.52a, 129.52b, and 129.52c.
f. Chapter 129 (Standards for Sources, Control of Emissions from
Glass Melting Furnaces), sections 129.301 through 129.310 inclusive.
g. Chapter 130 (Standards for Products), subchapter D (Adhesives,
Sealants, Primers, and Solvents), sections 130.701 through 130.708
inclusive.
h. Chapter 145 (Interstate Pollution Transport Reduction),
subchapter C (Emissions of NOx from Cement Manufacturing), sections
145.144, 145.145, and 145.146.
2. Addition of Title 35 (Health and Safety) of the Pennsylvania
Statute (Pa. Cons. Stat. Ann.), Chapter 23B (Diesel-Powered Motor
Vehicle Idling Act), sections 4601 through 4610 inclusive.
3. Additions of the following regulations or sections in Allegheny
County Article XXI:
a. Part B (Permits Generally), Section 2102.07 (Prevention of
Significant Deterioration).
b. Part E (Source Emission and Operating Standards), subpart 8
(Additional Miscellaneous VOC Sources), section 2105.88 (Consumer
Products).
c. Part E, subpart 10 (NOX Sources), section 2105.101
(Control of NOX Emissions from Glass Melting Furnaces).
B. Revised Regulations
1. Revisions to the following regulations or sections in 25 PA
Code, Article III:
a. Chapter 121 (General Provisions), section 121.1 (Definitions).
b. Chapter 126, subchapter D, sections 126.401, 126.411, 126.412,
126.413, 126.421 through 126.425 inclusive, 126.431, 126.432, and
126.441.
c. Chapter 127, subchapter B, sections 127.12b, 127.13, 127.44,
127.45, and 127.48.
d. Chapter 127, subchapter E, sections 127.201 through 127.215
inclusive and 127.217.
e. Chapter 129, Sources of VOCs, sections 129.51, 129.52, and
129.66.
f. Chapter 145, subchapter C, sections 145.142 and 145.143.
2. Revision to Allegheny County Article XXI, part B, section
2102.06 (Major Sources Locating In or Impacting a Nonattainment Area).
C. Removed Regulations
In 25 PA Code Article III, section 126.402 (NLEV scope and
applicability) of chapter 126, subchapter D has been removed.
II. EPA Action
In this action, EPA is announcing the update to the IBR material as
of April 1, 2013. EPA is also correcting typographical errors and
omissions found in the table for paragraph 52.2020(c)(2), specifically
adding a title entry for Part E, subpart 8 (Additional Miscellaneous
VOC Sources) and removing the word ``Section'' in the ``Article XX or
XXI citation'' column for entries 2105.88 and 2105.101. In the table
for paragraph 52.2020(d)(1), EPA is revising the title heading in the
second column from ``Permit No.'' to ``Permit Number.'' EPA has
determined that the actual entries found in the table of paragraph
52.2020(d)(1) are correct in the Code of Federal Regulations (CFR) and
need no additional editing at this time. EPA has further determined
that the entries found in the tables of paragraphs 52.2020(c)(1),
(c)(3), (d)(2) through (d)(4), (e)(1), and (e)(2) are correct in the
CFR and need no additional editing at this time.
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA).
Today's rule simply codifies provisions which are already in effect as
a matter of law in Federal and approved State programs. Under section
553 of the APA, an agency may find good cause where procedures are
``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations
and incorrect table entries.
[[Page 46518]]
III. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the Pennsylvania SIP compilations had previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for Pennsylvania.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 25, 2013.
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 for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN Pennsylvania
0
2. Section 52.2020 is amended by:
0
a. Revising paragraph (b).
0
b. In paragraph (c)(2), adding a title entry for Subpart 8--Additional
Miscellaneous VOC Sources after the existing entry for 2105.79, and
revising the entries for Sections 2105.88 and 2105.101.
0
c. In paragraph (d)(1), revising the table heading.
The amendments read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed as incorporated
by reference in paragraphs (c) and (d) of this section with an EPA
approval date of April 1, 2013 was approved for incorporation by
reference by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR Part 51. The material incorporated is as it
exists on the date of the approval, and notice of any change in the
material will be published in the Federal Register. Entries in
paragraphs (c) and (d) of this section with EPA approval dates on or
after April 1, 2013 will be incorporated by reference in the next
update to the SIP compilation.
(2)(i) EPA Region III certifies that the following rules and
regulations provided by EPA at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of April 1, 2013:
(A) Materials in Notebook ``40 CFR 52.2020(c)(1)--1. PA Department
of Environmental Protection (PA DEP); 2. PA Department of
Transportation (PA DOT).''
(B) Materials in Notebook ``1. 40 CFR 52.2020(c)(2)--Allegheny
County Health Department (ACHD); 2. 40 CFR 52.2020(c)(3)--Philadelphia
Air Management Services (AMS).''
(ii) EPA Region III certifies that the following source-specific
requirements provided by EPA at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the officially promulgated State
source-specific requirements which have been approved as part of the
State implementation plan as of November 1, 2006. No additional
revisions were made between November 1, 2006 and April 1, 2013:
(A) [Reserved.]
(B) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 1, Part 1.''
(C) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 1, Part 2.''
[[Page 46519]]
(D) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 2, Part 1.''
(E) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 2, Part 2.''
(F) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 3.''
(G) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 4.''
(H) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 5.''
(I) Materials in Notebook ``40 CFR 52.2020(d)(2)-(d)(4)--Source-
specific Requirements.''
(iii) EPA Region III certifies that the materials in Notebook ``40
CFR 52.2020(d)(1)--Source-specific Requirements--Volume 6'' provided by
EPA at the addresses in paragraph (b)(3) of this section are an exact
duplicate of the officially promulgated State source-specific
requirements which have been approved as part of the State
implementation plan as of November 1, 2008. No additional revisions
were made between November 1, 2008 and April 1, 2013.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region III Office at 1650 Arch Street,
Philadelphia, PA 19103. For further information, call (215) 814-2108;
the EPA, Air and Radiation Docket and Information Center, Room Number
3334, EPA West Building, 1301 Constitution Avenue NW., Washington, DC
20460. For further information, call (202) 566-1742; or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA-approved regulations.
EPA-Approved Regulations and Statutes
(c)(1) * * *
(2)
EPA-Approved Allegheny County Health Department (ACHD) Regulations
----------------------------------------------------------------------------------------------------------------
Additional
Article XX or XXI citation Title/subject State EPA approval date explanation/ Sec.
effective date 52.2063 citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part E--Source Emission and Operating Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart 8--Additional Miscellaneous VOC Sources
----------------------------------------------------------------------------------------------------------------
2105.88.......................... Consumer Products.. 4/3/12 11/29/12, 77 FR
71115
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart 10--NOX Sources
----------------------------------------------------------------------------------------------------------------
2105.101......................... Control of NOX 4/3/12 11/29/12, 77 FR
Emissions from 71117
Glass Melting
Furnaces.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(3) * * *
(d) EPA-Approved State Source-Specific Requirements
EPA-Approved Source-Specific Reasonably Available Control Technology (RACT) Requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen
(NOX)
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Additional explanation/ Sec.
Name of source Permit No. County effective date EPA approval date 52.2063 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
For exceptions, see the applicable paragraphs in 40 CFR Sec. 52.2063(c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-18415 Filed 7-31-13; 8:45 am]
BILLING CODE P
