Approval and Promulgation of Implementation Plans; Pennsylvania; Pennsylvania Regional Haze State Implementation Plan Revision-Particulate Matter Best Available Retrofit Technology Limit for the Cheswick Power Plant in Allegheny County, 2834-2836 [2015-00867]
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Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Rules and Regulations
Dated: December 16, 2014.
William C. Early,
Acting, Regional Administrator, Region III.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart VV—Virginia
2. In § 52.2420, the table in paragraph
(c) is amended by adding the entry in
the chart below as the last entry for
‘‘Terms Defined’’ under State citation 5–
10–20. The additional text reads as
follows:
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.2420
1. The authority citation for part 52
continues to read as follows:
■
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State
citation
State effective
date
Title/subject
EPA approval date
Explanation [former SIP citation]
9 VAC 5, Chapter 10 General Definitions [Part 1]
*
5–10–20 ..
*
*
Terms Defined ..................................
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0342; FRL–9921–66–
Region 3]
Approval and Promulgation of
Implementation Plans; Pennsylvania;
Pennsylvania Regional Haze State
Implementation Plan Revision—
Particulate Matter Best Available
Retrofit Technology Limit for the
Cheswick Power Plant in Allegheny
County
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Pennsylvania State Implementation
Plan (SIP) submitted by the
Commonwealth of Pennsylvania
through the Pennsylvania Department of
Environmental Protection (PADEP).
This SIP revision addresses an error in
the Best Available Retrofit Technology
(BART) requirements for Boiler Number
1 of the Cheswick Generating Station
(Cheswick) in Allegheny County. EPA is
approving the portion of Pennsylvania’s
SIP revision addressing the particulate
matter (PM) BART requirements as it is
in accordance with the requirements of
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SUMMARY:
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the Clean Air Act (CAA) and EPA’s
rules for BART.
DATES: This final rule is effective on
February 20, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2014–0342. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Regional haze is visibility impairment
that is produced by a multitude of
sources and activities which are located
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across a broad geographic area and emit
fine particles (e.g., sulfates, nitrates,
organic carbon, elemental carbon, and
soil dust) and their precursors (e.g.,
sulfur dioxide (SO2), nitrogen oxides
(NOX), and in some cases, ammonia
(NH3) and volatile organic compounds
(VOC)). Fine particle precursors react in
the atmosphere to form fine particulate
matter (PM2.5), which impairs visibility
by scattering and absorbing light.
Visibility impairment reduces the
clarity, color, and visible distance that
one can see. Section 169A of the CAA
establishes as a national goal the
‘‘prevention of any future, and the
remedying of any existing, impairment
of visibility in mandatory class I Federal
areas which impairment results from
manmade air pollution’’ and requires
SIPs for states whose emissions may
reasonably be anticipated to cause or
contribute to visibility impairment in
Class I areas to contain emission limits,
compliance schedules and other
measures as may be necessary to make
reasonable progress toward the national
goal of achieving natural visibility
conditions in Class I areas. A regional
haze SIP generally must include, among
other measures, source-specific BART
emission limits for each source subject
to BART. A detailed discussion of the
requirements of the regional haze
program can be found in our earlier
notice proposing action on
Pennsylvania’s regional haze SIP. See 77
FR 3984 (January 26, 2012).
On December 20, 2010, PADEP
submitted revisions to the Pennsylvania
SIP to address regional haze
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Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Rules and Regulations
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requirements as required by the CAA.
Among the measures included in the
SIP submission and approved by EPA
for the SIP on July 13, 2012 (77 FR
41279) was a coarse PM (PM10) BART
emission limit for Cheswick of 361 tons
per year (tpy). PADEP has determined
that this limit was set in error and
submitted a SIP revision on March 25,
2014 to correct the PM10 BART emission
limit. On October 30, 2014 (79 FR
64539), EPA published a notice of
proposed rulemaking (NPR) for the
Commonwealth of Pennsylvania. In the
NPR, EPA proposed approval of the
portion of Pennsylvania’s March 25,
2014 SIP revision addressing the PM10
BART requirements as it is in
accordance with the requirements of the
CAA and EPA’s rules for BART.
II. Summary of SIP Revision
PADEP explained in its March 25,
2014 SIP revision that the PM10 BART
emission limit of 361 tpy for Boiler No.
1 at Cheswick included in the December
20, 2010 regional haze SIP submission
was found to be incorrect during the
public comment period for EPA’s
proposed approval of the regional haze
SIP. The December 20, 2010 regional
haze SIP submittal included the 361 tpy
PM10 limit because at the time PADEP
was assessing the appropriate BART
limits, it decided to base the PM10 BART
limit on the May 4, 2009 BART review
memo for Cheswick which referred to
conditions of certain permits for
Cheswick as BART, and the review
memo listed Cheswick’s potential to
emit at 361 tpy. However, PADEP later
discovered the PM10 potential to emit
included in the May 4, 2009 BART
review memo was incorrect and that
Cheswick’s permits included a PM10
emission limit of 180 pounds per hour
(lbs/hr). The March 25, 2014 SIP
revision replaces the incorrect PM10
emission limit of 361 tpy with the
correct BART PM10 emission limit for
Boiler No. 1 of 180 lbs/hr, which
includes condensable particulate matter,
but excludes sulfuric acid mist (H2SO4).
The March 25, 2014 SIP revision
submittal included a revised BART
review memo for Cheswick which
recommended the PM10 emission limit
of 180 lbs/hr as BART for Cheswick
based largely on minimal visibility
impacts to Class I areas from Cheswick
and installed pollution controls at
Cheswick in accordance with 40 CFR
part 51, appendix Y, Guidelines for
BART Determinations Under the
Regional Haze Rule (the BART
Guidelines). The rationale for EPA’s
proposed action approving the PM10
BART revision for Cheswick and finding
the SIP revision would not interfere
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with visibility improvement or any CAA
requirement is explained in detail in the
NPR as in accordance with sections 110,
169A, and 169B of the CAA and with
the regional haze regulations at 40 CFR
51.308 and will not be restated here. No
adverse public comments were received
on the NPR.
III. Final Action
EPA is approving a portion of
Pennsylvania’s March 25, 2014 revision
to its regional haze SIP which revises
the PM10 BART emission limitation for
Cheswick. EPA will take later, separate
action concerning the remainder of the
March 25, 2014 SIP revision which
included revised BART emission limits
for sulfur dioxide and nitrogen oxides.
This conclusion is based on our review
of the March 25, 2014 SIP revision as
well as Pennsylvania’s regional haze SIP
including technical data and supporting
analysis. The PM10 emission rate of 180
lbs/hr (including condensables and
excluding H2SO4) supersedes the
previous PM10 BART determination for
Cheswick included in the December 20,
2010 regional haze SIP which EPA
approved July 13, 2012 (77 FR 41279).
EPA finds Pennsylvania’s PM10 BART
determination for Cheswick reasonable
and finds the revision will not interfere
with visibility improvements or any
other CAA requirements set forth in
sections 110(l), 169A, and 169B of the
CAA, as well as in our implementing
regulations at 40 CFR 51.308.
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
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2835
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 revising a BART
limitation for Cheswick 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. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
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Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Rules and Regulations
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 March 23, 2015. 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 revising
the PM10 BART emission limitation for
Cheswick for Pennsylvania’s regional
haze SIP may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
■
Dated: December 30, 2014.
William C. Early,
Acting Regional Administrator, Region III.
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding an entry
under ‘‘Regional Haze Plan’’ to read as
follows:
Therefore, 40 CFR part 52 is amended
as follows:
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
Name of non-regulatory
SIP revision
Applicable geographic
area
State submittal
date
EPA approval date
Additional explanation
*
Regional Haze Plan .......
*
*
Statewide .....................
3/25/14
*
*
[01/21/15] [Insert Federal Register citation].
*
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Revises PM10 Best Available Retrofit Technology emission limit for Boiler No. 1 of the
Cheswick Power Plant in Allegheny County.
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[FR Doc. 2015–00867 Filed 1–20–15; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
[ET Docket No. 10–97; DA 14–1189]
Unlicensed Personal Communications
Service Devices in the 1920–1930 MHz
Band
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document modifies the
rules governing the operation of
Unlicensed Personal Communications
Service (UPCS) devices in the 1920–
1930 MHz band (UPCS band) to
reference the 2013 version of the
American National Standards Institute
(ANSI) C63.17 standard, Methods of
Measurement of the Electromagnetic
and Operational Compatibility of
Unlicensed Personal Communications
Service (UPCS) Devices, ANSI C63.17–
2013, by which UPCS devices must be
measured for compliance with the
technical requirements in the
Commission’s regulations.
DATES: Effective January 21, 2015. The
incorporation by reference listed in the
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SUMMARY:
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rule is approved by the Director of the
Federal Register as of January 21, 2015.
FOR FURTHER INFORMATION CONTACT:
Patrick Forster, (202) 418–7061, Policy
and Rules Division, Office of
Engineering and Technology, (202) 418–
2290, Patrick.Forster@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order, ET
Docket No. 10–97, adopted August 13,
2014, and released August 14, 2014, DA
14–1189. The full text of this document
is available on the Commission’s
Internet site at www.fcc.gov. It is also
available for inspection and copying
during regular business hours in the
FCC Reference Center (Room CY–A257),
445 12th Street SW., Washington, DC
20554. The full text of this document
also may be purchased from the
Commission’s duplication contractor,
Best Copy and Printing Inc., Portals II,
445 12th St. SW., Room CY–B402,
Washington, DC 20554; telephone (202)
488–5300; fax (202) 488–5563; email
FCC@BCPIWEB.COM.
Summary of the Order
1. The Order modifies the rules in
part 15 subpart D governing the
operation of UPCS devices in the 1920–
1930 MHz band (UPCS band) to
reference the 2013 version of the ANSI
C63.17 standard, Methods of
Measurement of the Electromagnetic
and Operational Compatibility of
Unlicensed Personal Communications
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Service (UPCS) Devices, ANSI C63.17–
2013. This version of the standard
supersedes ANSI C63.17–2006, which
contains measurement procedures for
verifying the compliance of UPCS
devices (including wideband voice and
data devices) that operate in the 1920–
1930 MHz frequency band with
applicable requirements regarding
radiofrequency (RF) emission levels and
spectrum access procedures in part 15
subpart D of the Commission’s rules.
Background
2. The 1920–1930 MHz band is
allocated to Fixed and Mobile services
on a primary basis and is designated for
use by UPCS devices on an unlicensed
basis. Under the Commission’s part 15
rules, the 1920–1930 MHz band may be
used for both asynchronous (generally
data) and isochronous (generally voice)
UPCS devices. Currently, the most
widespread use of the 1920–1930 MHz
band is for unlicensed cordless
telephones. UPCS devices operating in
the 1920–1930 MHz band may not cause
harmful interference to authorized radio
services and must accept any
interference received. In order to limit
the influence of and interference
potential from UPCS devices to
adjacent-channel, co-channel, and
adjacent-band devices, the
Commission’s rules limit UPCS devices’
emissions bandwidth, peak power, and
in-band and out-of-band emissions. To
facilitate the sharing of channels in the
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]]>Agencies
[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Rules and Regulations]
[Pages 2834-2836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00867]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0342; FRL-9921-66-Region 3]
Approval and Promulgation of Implementation Plans; Pennsylvania;
Pennsylvania Regional Haze State Implementation Plan Revision--
Particulate Matter Best Available Retrofit Technology Limit for the
Cheswick Power Plant in Allegheny County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Pennsylvania State Implementation Plan (SIP) submitted
by the Commonwealth of Pennsylvania through the Pennsylvania Department
of Environmental Protection (PADEP). This SIP revision addresses an
error in the Best Available Retrofit Technology (BART) requirements for
Boiler Number 1 of the Cheswick Generating Station (Cheswick) in
Allegheny County. EPA is approving the portion of Pennsylvania's SIP
revision addressing the particulate matter (PM) BART requirements as it
is in accordance with the requirements of the Clean Air Act (CAA) and
EPA's rules for BART.
DATES: This final rule is effective on February 20, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0342. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Regional haze is visibility impairment that is produced by a
multitude of sources and activities which are located across a broad
geographic area and emit fine particles (e.g., sulfates, nitrates,
organic carbon, elemental carbon, and soil dust) and their precursors
(e.g., sulfur dioxide (SO2), nitrogen oxides
(NOX), and in some cases, ammonia (NH3) and
volatile organic compounds (VOC)). Fine particle precursors react in
the atmosphere to form fine particulate matter (PM2.5),
which impairs visibility by scattering and absorbing light. Visibility
impairment reduces the clarity, color, and visible distance that one
can see. Section 169A of the CAA establishes as a national goal the
``prevention of any future, and the remedying of any existing,
impairment of visibility in mandatory class I Federal areas which
impairment results from manmade air pollution'' and requires SIPs for
states whose emissions may reasonably be anticipated to cause or
contribute to visibility impairment in Class I areas to contain
emission limits, compliance schedules and other measures as may be
necessary to make reasonable progress toward the national goal of
achieving natural visibility conditions in Class I areas. A regional
haze SIP generally must include, among other measures, source-specific
BART emission limits for each source subject to BART. A detailed
discussion of the requirements of the regional haze program can be
found in our earlier notice proposing action on Pennsylvania's regional
haze SIP. See 77 FR 3984 (January 26, 2012).
On December 20, 2010, PADEP submitted revisions to the Pennsylvania
SIP to address regional haze
[[Page 2835]]
requirements as required by the CAA. Among the measures included in the
SIP submission and approved by EPA for the SIP on July 13, 2012 (77 FR
41279) was a coarse PM (PM10) BART emission limit for
Cheswick of 361 tons per year (tpy). PADEP has determined that this
limit was set in error and submitted a SIP revision on March 25, 2014
to correct the PM10 BART emission limit. On October 30, 2014
(79 FR 64539), EPA published a notice of proposed rulemaking (NPR) for
the Commonwealth of Pennsylvania. In the NPR, EPA proposed approval of
the portion of Pennsylvania's March 25, 2014 SIP revision addressing
the PM10 BART requirements as it is in accordance with the
requirements of the CAA and EPA's rules for BART.
II. Summary of SIP Revision
PADEP explained in its March 25, 2014 SIP revision that the
PM10 BART emission limit of 361 tpy for Boiler No. 1 at
Cheswick included in the December 20, 2010 regional haze SIP submission
was found to be incorrect during the public comment period for EPA's
proposed approval of the regional haze SIP. The December 20, 2010
regional haze SIP submittal included the 361 tpy PM10 limit
because at the time PADEP was assessing the appropriate BART limits, it
decided to base the PM10 BART limit on the May 4, 2009 BART
review memo for Cheswick which referred to conditions of certain
permits for Cheswick as BART, and the review memo listed Cheswick's
potential to emit at 361 tpy. However, PADEP later discovered the
PM10 potential to emit included in the May 4, 2009 BART
review memo was incorrect and that Cheswick's permits included a
PM10 emission limit of 180 pounds per hour (lbs/hr). The
March 25, 2014 SIP revision replaces the incorrect PM10
emission limit of 361 tpy with the correct BART PM10
emission limit for Boiler No. 1 of 180 lbs/hr, which includes
condensable particulate matter, but excludes sulfuric acid mist
(H2SO4).
The March 25, 2014 SIP revision submittal included a revised BART
review memo for Cheswick which recommended the PM10 emission
limit of 180 lbs/hr as BART for Cheswick based largely on minimal
visibility impacts to Class I areas from Cheswick and installed
pollution controls at Cheswick in accordance with 40 CFR part 51,
appendix Y, Guidelines for BART Determinations Under the Regional Haze
Rule (the BART Guidelines). The rationale for EPA's proposed action
approving the PM10 BART revision for Cheswick and finding
the SIP revision would not interfere with visibility improvement or any
CAA requirement is explained in detail in the NPR as in accordance with
sections 110, 169A, and 169B of the CAA and with the regional haze
regulations at 40 CFR 51.308 and will not be restated here. No adverse
public comments were received on the NPR.
III. Final Action
EPA is approving a portion of Pennsylvania's March 25, 2014
revision to its regional haze SIP which revises the PM10
BART emission limitation for Cheswick. EPA will take later, separate
action concerning the remainder of the March 25, 2014 SIP revision
which included revised BART emission limits for sulfur dioxide and
nitrogen oxides. This conclusion is based on our review of the March
25, 2014 SIP revision as well as Pennsylvania's regional haze SIP
including technical data and supporting analysis. The PM10
emission rate of 180 lbs/hr (including condensables and excluding
H2SO4) supersedes the previous PM10
BART determination for Cheswick included in the December 20, 2010
regional haze SIP which EPA approved July 13, 2012 (77 FR 41279). EPA
finds Pennsylvania's PM10 BART determination for Cheswick
reasonable and finds the revision will not interfere with visibility
improvements or any other CAA requirements set forth in sections
110(l), 169A, and 169B of the CAA, as well as in our implementing
regulations at 40 CFR 51.308.
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 revising a BART limitation for Cheswick 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. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
[[Page 2836]]
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 March 23, 2015. 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 revising the PM10 BART emission
limitation for Cheswick for Pennsylvania's regional haze SIP 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: December 30, 2014.
William 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, the table in paragraph (e)(1) is amended by adding
an entry under ``Regional Haze Plan'' to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal
revision geographic area date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regional Haze Plan............. Statewide......... 3/25/14 [01/21/15] [Insert Revises PM10 Best
Federal Register Available Retrofit
citation]. Technology emission
limit for Boiler No.
1 of the Cheswick
Power Plant in
Allegheny County.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-00867 Filed 1-20-15; 8:45 am]
BILLING CODE 6560-50-P
