Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to Allegheny County Rules; Preconstruction Permit Requirements-Nonattainment; New Source Review, 16568-16571 [2015-07106]
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16568
Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
• 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 Clean Air Act;
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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 29, 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 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
Lead, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 11, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
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:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Z—Mississippi
2. Section 52.1270(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2008
Lead National Ambient Air Quality
Standards’’ at the end of the table to
read as follows:
■
§ 52.1270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
State submittal
date/effective
date
*
11/4/2011
Name of nonregulatory SIP provision
*
3/30/15
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient
Air
Quality
Standards
110(a)(2)(E)(ii) Infrastructure Requirement for 2008 Lead National Ambient
Air Quality Standards.
3. Section 52.1272 is amended by
adding paragraph (c) to read as follows:
■
§ 52.1272
Approval status.
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*
*
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(c) Disapproval. With respect to the
significant portion of income
requirement of section 128(a)(1), the
provisions included in the October 11,
2012, infrastructure SIP submission did
not preclude at least a majority of the
members of the Mississippi Board from
receiving a significant portion of their
income from persons subject to permits
or enforcement orders issued by the
Mississippi Boards. Because a majority
of board members may still derive a
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EPA approval date
*
[Insert citation of
publication].
significant portion of income from
persons subject to permits or
enforcement orders issued by the
Mississippi Boards, the Mississippi SIP
does not meet the section 128(a)(1)
majority requirements respecting
significant portion of income, and as
such, EPA is today proposing to
disapprove the State’s 110(a)(2)(E)(ii)
submission as it relates only to this
portion of section 128(a)(1).
[FR Doc. 2015–06765 Filed 3–27–15; 8:45 am]
BILLING CODE 6560–50–P
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Explanation
*
*
With the exception of provisions pertaining to PSD permitting requirements
in sections 110(a)(2)(C), prong 3 of D(i)
and (J) and the majority of requirements respecting significant portion of
income of section 110(a)(2)(E)(ii) (related to section 128(a)(2)).
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0636; FRL–9922–77–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Revision to Allegheny
County Rules; Preconstruction Permit
Requirements—Nonattainment; New
Source Review
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
The Environmental Protection
Agency (EPA) is granting full approval
of a revision to the Commonwealth of
Pennsylvania State Implementation Plan
(SIP), submitted on June 25, 2012 (June
2012 SIP submittal) by the Pennsylvania
Department of Environmental Protection
(PADEP) on behalf of the Allegheny
County Health Department (ACHD) as
amended by PADEP in letters dated
February 20, 2013 and June 27, 2014.
The SIP revision pertains to ACHD’s
Nonattainment New Source Review
(NNSR) preconstruction permitting
regulations which incorporate by
reference Pennsylvania’s NNSR
provisions. This action is being taken
under the Clean Air Act.
DATES: This rule is effective on April 29,
2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0636. 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, and 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;
and Allegheny County Health
Department, Bureau of Environmental
Quality, Division of Air Quality, 301
39th Street, Pittsburgh, Pennsylvania
15201.
FOR FURTHER INFORMATION CONTACT: Paul
Wentworth, (215) 814–2183, or by email
at wentworth.paul@epa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background and Summary of SIP
Revision
On December 17, 2014 (79 FR 75104),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed full approval of the June
2012 SIP submittal which included
revisions to the ACHD’s NNSR program
contained in the Pennsylvania SIP. The
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revisions to ACHD’s NNSR program
include ACHD’s Article XXI which
incorporates by reference
Pennsylvania’s NNSR provisions at 25
Pa. Code 127.201–127.217. The June
2012 SIP submittal also includes other
changes to ACHD’s NNSR program
including changes to regulatory
definitions and text, deletions of certain
provisions, reordered paragraphs, and
inclusion of plantwide applicability
limit requirements.
ACHD amended the ACHD NNSR
regulations at Article XXI, sections 2101
and 2102, to meet the requirements of
40 CFR 51.165. This approval action
replaces the previous version of Article
XXI which was approved into the
Pennsylvania SIP on November 14,
2002. See 67 FR 68935.
The June 2012 SIP submittal includes
amendments to the following sections of
ACHD’s Rules and Regulations, Article
XXI: section 2101.20 (Definitions);
section 2102.04 (Installation permits);
section 2102.06 (Major Sources Locating
in or Impacting a Nonattainment Area);
and section 2102.08 (Emissions Offset
Registration). After the June 2012 SIP
submittal, PADEP had provided two
letters clarifying the June 2012 SIP
submittal. In a letter dated February 20,
2013, PADEP stated it had inadvertently
redacted via strike out certain regulatory
text from one provision in an ACHD
regulation submitted for SIP approval in
the June 2012 SIP submittal. PADEP
accidentally deleted language at the end
of subsection (f) of ACHD’s Rules and
Regulations, Article XXI, section
2102.06(f) (Requirements for Modeling).
The February 20, 2013 PADEP letter
requested EPA to include the full text of
Article XXI, section 2102.06(f) for the
revised Pennsylvania SIP including the
text inadvertently deleted in the June
2012 SIP submission.1
In a second letter from PADEP dated
June 27, 2014, PADEP modified the June
2012 SIP submittal and withdrew from
its SIP submittal specific language from
an ACHD regulation included in the
June 2012 SIP submittal. The regulatory
text PADEP withdrew from our
consideration for inclusion in the
Pennsylvania SIP was regulatory text in
1 For the Pennsylvania SIP, ACHD’s Article XXI,
section 2102.06(f) (Requirements for Modeling)
should read as follows: ‘‘Where air quality models
are used to meet the provisions of this section,
modeling shall be based on the applicable models
and other requirements specified in 40 CFR part 51
Appendix W (Guideline on Air Quality Models).
Where an air quality model is inappropriate, the
model may be modified or another model may be
substituted only on a case-by-case basis at the
Department’s discretion upon written approval by
the administrator of EPA. In addition, use of a
modified or substituted model must be subject to
notice and opportunity for public comment under
procedures set forth in 40 CFR 51.102.’’
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16569
ACHD’s Rules and Regulations, Article
XXI, section 2102.06(b)(1), (b)(3)(a), (e),
and (g) which provided a process for
automatically incorporating additions,
revisions, or deletions from
Pennsylvania’s NNSR regulations into
ACHD’s SIP effective on the date of
revision to Pennsylvania’s NNSR
regulations.2 See 79 FR 75104
(discussing withdrawn text language).
As a result of PADEP’s June 27, 2014
letter, the language withdrawn by
Pennsylvania from the June 2012 SIP
submittal is not part of this rulemaking
action. However, as a result of PADEP’s
February 20, 2013 letter, the
inadvertently redacted language from
ACHD’s Rules and Regulations, Article
XXI, section 2102.06(f) is part of this
rulemaking language.
EPA’s November 17, 2014 technical
support document (TSD) explains in
detail the revisions to the Pennsylvania
SIP contained in the Commonwealth’s
June 2012 SIP submittal. The TSD is
included in the docket for this
rulemaking action and is available
online at www.regulations.gov. The TSD
also explains in detail the language
withdrawn from ACHD’s Article XXI,
section 2102.06, includes EPA’s analysis
of the June 2012 SIP submittal, and
provides support for the proposed and
final actions on the submittal. Because
ACHD incorporated by reference
Pennsylvania’s SIP approved NNSR
regulations into ACHD’s NNSR
regulations, EPA stated in the NPR there
was no need to re-evaluate the same
NNSR elements EPA had already
approved for the Pennsylvania SIP on
May 14, 2012. As discussed in the NPR
and in the TSD, the June 2012 SIP
submittal includes revisions to ACHD’s
NNSR program which are consistent
with the CAA, with currently
promulgated Federal NNSR regulations,
and with NNSR regulations which EPA
has previously approved into
Pennsylvania’s SIP.
The NPR and TSD contain detailed
discussions of the Pennsylvania SIP
submission for Allegheny County and
EPA’s rationale for approving the June
2012 SIP submittal which addresses
NNSR requirements in the CAA and its
implementing regulations in 40 CFR
51.165 applicable as of the time of the
June 2012 SIP submittal. Therefore,
those discussions will not be restated
2 The language excluded from the Pennsylvania
SIP from ACHD’s Rules and Regulations, Article
XXI, section 2102.06(b)(1), (b)(3)(a), (e), and (g) is
the following language ‘‘[a]dditions, revisions, or
deletions to such regulations by the Commonwealth
are incorporated in this Subsection and are effective
on the date established by the state regulation,
unless otherwise established by regulation under
this Article.’’
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here. No comments were received on
the NPR.
II. Final Action
EPA is approving as a revision to the
Pennsylvania SIP the Commonwealth’s
June 2012 SIP submittal, as amended by
PADEP in letters dated February 20,
2013 and June 27, 2014, which includes
ACHD’s NNSR regulations at Article
XXI, sections 2101 and 2102.
III. Incorporation by Reference
In this rulemaking action, the EPA is
finalizing regulatory text proposing to
include in a final rule that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the ACHD
regulations at Article XXI, sections 2101
and 2102 regarding Nonattainment New
Source Review permitting requirements
for Allegheny County. The EPA has
made and will continue to make, these
documents generally available through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
IV. Statutory and Executive Order
Reviews
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A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
thaIt 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
Article XX or XXI citation
*
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
State effective
date
*
*
EPA approval date
*
C. Petitions for Judicial Review
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 May 29, 2015.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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).) This final rule approves
Allegheny County’s nonattainment new
source review (NNSR) preconstruction
air quality permit program.
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 recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 13, 2015.
William 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 citation for part 52
continues to read as follows:
■
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
Title/subject
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(c)(2) is amended by:
■ a. Under Part A, revising the 7th entry
for ‘‘2101.20’’; and
■ b. Under Part B, revising the entries
for ‘‘2102.04’’, ‘‘2102.06’’, ‘‘2102.08.’’
■
§ 52.2020
*
Identification of plan.
*
*
(c) * * *
(2) * * *
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Additional explanation/§ 52.2063 citation
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Part A—General
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State effective
date
Article XX or XXI citation
Title/subject
*
2101.20 ..........................
*
*
Definitions ....................
*
*
4/3/2012
*
EPA approval date
Additional explanation/§ 52.2063 citation
*
*
3/30/2015 [Insert Federal Register citation].
*
*
Revise the latest entry dated 11/26/14, 79 FR
70471 by revising the existing definition of
‘‘Major Source’’ and ‘‘Major Modification’’.
*
*
*
*
*
*
3/30/2015 [Insert Federal Register citation].
*
*
Part B—Permits Generally
*
2102.04 ..........................
*
*
Permits Generally ........
*
2102.06 ..........................
*
Major Sources Locating
in or Impacting a
Nonattainment Area.
*
2102.08 ..........................
*
Emission Offset Registration.
*
*
*
*
*
*
4/3/2012
*
4/3/2012
*
4/3/2012
*
*
[FR Doc. 2015–07106 Filed 3–27–15; 8:45 am]
*
3/30/2015 [Insert Federal Register citation].
*
*
3/30/2015 [Insert Federal Register citation].
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
asabaliauskas on DSK5VPTVN1PROD with RULES
[EPA–R08–OAR–2012–0352; FRL–9925–51–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Montana Second 10-Year Carbon
Monoxide Maintenance Plan for
Billings
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
*
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As per request by PADEP in a letter to EPA
dated June 27, 2014, the following language
appearing at paragraph b.1; subparagraph
b.3.A; and Subsections e and g, is excluded
from the SIP: ‘‘Additions, revisions, or deletions to such regulations by the Commonwealth are incorporated in this Subsection
and are effective on the date established by
the state regulation, unless otherwise established by regulation under this Article.’’
As per letter from PADEP dated 2/20/2013, the
June 25, 2012 SIP submission inadvertently
deleted language from the end of subsection
(f) of the regulation submitted with SIP submittal. The SIP revision incorporating Article
XXI § 2102.06(f) should read as follows ‘‘f.
Requirements for Modeling. Where air quality
models are used to meet the provisions of
this section, modeling shall be based on the
applicable models and other requirements
specified in 40 CFR Part 51 Appendix W
(Guideline on Air Quality Models). Where an
air quality model is inappropriate, the model
may be modified or another model may be
substituted only on a case-by-case basis at
the Department’s discretion upon written approval by the administrator of EPA. In addition, use of a modified or substituted model
must be subject to notice and opportunity for
public comment under procedures set forth in
40 CFR 51.102.’’
*
Final rule.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Montana. On
July 13, 2011, the Governor of
Montana’s designee submitted to EPA a
second 10-year maintenance plan for the
Billings area for the carbon monoxide
(CO) National Ambient Air Quality
Standard (NAAQS). This maintenance
plan addresses maintenance of the CO
NAAQS for a second 10-year period
beyond the original redesignation. EPA
SUMMARY:
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[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16568-16571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07106]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0636; FRL-9922-77-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revision to Allegheny County Rules; Preconstruction
Permit Requirements--Nonattainment; New Source Review
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 16569]]
SUMMARY: The Environmental Protection Agency (EPA) is granting full
approval of a revision to the Commonwealth of Pennsylvania State
Implementation Plan (SIP), submitted on June 25, 2012 (June 2012 SIP
submittal) by the Pennsylvania Department of Environmental Protection
(PADEP) on behalf of the Allegheny County Health Department (ACHD) as
amended by PADEP in letters dated February 20, 2013 and June 27, 2014.
The SIP revision pertains to ACHD's Nonattainment New Source Review
(NNSR) preconstruction permitting regulations which incorporate by
reference Pennsylvania's NNSR provisions. This action is being taken
under the Clean Air Act.
DATES: This rule is effective on April 29, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0636. 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,
and 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; and Allegheny County
Health Department, Bureau of Environmental Quality, Division of Air
Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Paul Wentworth, (215) 814-2183, or by
email at wentworth.paul@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Summary of SIP Revision
On December 17, 2014 (79 FR 75104), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR
proposed full approval of the June 2012 SIP submittal which included
revisions to the ACHD's NNSR program contained in the Pennsylvania SIP.
The revisions to ACHD's NNSR program include ACHD's Article XXI which
incorporates by reference Pennsylvania's NNSR provisions at 25 Pa. Code
127.201-127.217. The June 2012 SIP submittal also includes other
changes to ACHD's NNSR program including changes to regulatory
definitions and text, deletions of certain provisions, reordered
paragraphs, and inclusion of plantwide applicability limit
requirements.
ACHD amended the ACHD NNSR regulations at Article XXI, sections
2101 and 2102, to meet the requirements of 40 CFR 51.165. This approval
action replaces the previous version of Article XXI which was approved
into the Pennsylvania SIP on November 14, 2002. See 67 FR 68935.
The June 2012 SIP submittal includes amendments to the following
sections of ACHD's Rules and Regulations, Article XXI: section 2101.20
(Definitions); section 2102.04 (Installation permits); section 2102.06
(Major Sources Locating in or Impacting a Nonattainment Area); and
section 2102.08 (Emissions Offset Registration). After the June 2012
SIP submittal, PADEP had provided two letters clarifying the June 2012
SIP submittal. In a letter dated February 20, 2013, PADEP stated it had
inadvertently redacted via strike out certain regulatory text from one
provision in an ACHD regulation submitted for SIP approval in the June
2012 SIP submittal. PADEP accidentally deleted language at the end of
subsection (f) of ACHD's Rules and Regulations, Article XXI, section
2102.06(f) (Requirements for Modeling). The February 20, 2013 PADEP
letter requested EPA to include the full text of Article XXI, section
2102.06(f) for the revised Pennsylvania SIP including the text
inadvertently deleted in the June 2012 SIP submission.\1\
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\1\ For the Pennsylvania SIP, ACHD's Article XXI, section
2102.06(f) (Requirements for Modeling) should read as follows:
``Where air quality models are used to meet the provisions of this
section, modeling shall be based on the applicable models and other
requirements specified in 40 CFR part 51 Appendix W (Guideline on
Air Quality Models). Where an air quality model is inappropriate,
the model may be modified or another model may be substituted only
on a case-by-case basis at the Department's discretion upon written
approval by the administrator of EPA. In addition, use of a modified
or substituted model must be subject to notice and opportunity for
public comment under procedures set forth in 40 CFR 51.102.''
---------------------------------------------------------------------------
In a second letter from PADEP dated June 27, 2014, PADEP modified
the June 2012 SIP submittal and withdrew from its SIP submittal
specific language from an ACHD regulation included in the June 2012 SIP
submittal. The regulatory text PADEP withdrew from our consideration
for inclusion in the Pennsylvania SIP was regulatory text in ACHD's
Rules and Regulations, Article XXI, section 2102.06(b)(1), (b)(3)(a),
(e), and (g) which provided a process for automatically incorporating
additions, revisions, or deletions from Pennsylvania's NNSR regulations
into ACHD's SIP effective on the date of revision to Pennsylvania's
NNSR regulations.\2\ See 79 FR 75104 (discussing withdrawn text
language). As a result of PADEP's June 27, 2014 letter, the language
withdrawn by Pennsylvania from the June 2012 SIP submittal is not part
of this rulemaking action. However, as a result of PADEP's February 20,
2013 letter, the inadvertently redacted language from ACHD's Rules and
Regulations, Article XXI, section 2102.06(f) is part of this rulemaking
language.
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\2\ The language excluded from the Pennsylvania SIP from ACHD's
Rules and Regulations, Article XXI, section 2102.06(b)(1),
(b)(3)(a), (e), and (g) is the following language ``[a]dditions,
revisions, or deletions to such regulations by the Commonwealth are
incorporated in this Subsection and are effective on the date
established by the state regulation, unless otherwise established by
regulation under this Article.''
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EPA's November 17, 2014 technical support document (TSD) explains
in detail the revisions to the Pennsylvania SIP contained in the
Commonwealth's June 2012 SIP submittal. The TSD is included in the
docket for this rulemaking action and is available online at
www.regulations.gov. The TSD also explains in detail the language
withdrawn from ACHD's Article XXI, section 2102.06, includes EPA's
analysis of the June 2012 SIP submittal, and provides support for the
proposed and final actions on the submittal. Because ACHD incorporated
by reference Pennsylvania's SIP approved NNSR regulations into ACHD's
NNSR regulations, EPA stated in the NPR there was no need to re-
evaluate the same NNSR elements EPA had already approved for the
Pennsylvania SIP on May 14, 2012. As discussed in the NPR and in the
TSD, the June 2012 SIP submittal includes revisions to ACHD's NNSR
program which are consistent with the CAA, with currently promulgated
Federal NNSR regulations, and with NNSR regulations which EPA has
previously approved into Pennsylvania's SIP.
The NPR and TSD contain detailed discussions of the Pennsylvania
SIP submission for Allegheny County and EPA's rationale for approving
the June 2012 SIP submittal which addresses NNSR requirements in the
CAA and its implementing regulations in 40 CFR 51.165 applicable as of
the time of the June 2012 SIP submittal. Therefore, those discussions
will not be restated
[[Page 16570]]
here. No comments were received on the NPR.
II. Final Action
EPA is approving as a revision to the Pennsylvania SIP the
Commonwealth's June 2012 SIP submittal, as amended by PADEP in letters
dated February 20, 2013 and June 27, 2014, which includes ACHD's NNSR
regulations at Article XXI, sections 2101 and 2102.
III. Incorporation by Reference
In this rulemaking action, the EPA is finalizing regulatory text
proposing to include in a final rule that includes incorporation by
reference. In accordance with requirements of 1 CFR 51.5, the EPA is
finalizing the incorporation by reference of the ACHD regulations at
Article XXI, sections 2101 and 2102 regarding Nonattainment New Source
Review permitting requirements for Allegheny County. The EPA has made
and will continue to make, these documents generally available through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission thaIt 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
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 May 29, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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).) This final rule
approves Allegheny County's nonattainment new source review (NNSR)
preconstruction air quality permit program.
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 recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 13, 2015.
William C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (c)(2) is amended by:
0
a. Under Part A, revising the 7th entry for ``2101.20''; and
0
b. Under Part B, revising the entries for ``2102.04'', ``2102.06'',
``2102.08.''
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
State Additional explanation/
Article XX or XXI citation Title/subject effective date EPA approval date Sec. 52.2063 citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part A--General
----------------------------------------------------------------------------------------------------------------
[[Page 16571]]
* * * * * * *
2101.20........................ Definitions....... 4/3/2012 3/30/2015 [Insert Revise the latest entry
Federal Register dated 11/26/14, 79 FR
citation]. 70471 by revising the
existing definition of
``Major Source'' and
``Major
Modification''.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part B--Permits Generally
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2102.04........................ Permits Generally. 4/3/2012 3/30/2015 [Insert
Federal Register
citation].
* * * * * *
2102.06........................ Major Sources 4/3/2012 3/30/2015 [Insert As per request by PADEP
Locating in or Federal Register in a letter to EPA
Impacting a citation]. dated June 27, 2014,
Nonattainment the following language
Area. appearing at paragraph
b.1; subparagraph
b.3.A; and Subsections
e and g, is excluded
from the SIP:
``Additions,
revisions, or
deletions to such
regulations by the
Commonwealth are
incorporated in this
Subsection and are
effective on the date
established by the
state regulation,
unless otherwise
established by
regulation under this
Article.''
As per letter from
PADEP dated 2/20/2013,
the June 25, 2012 SIP
submission
inadvertently deleted
language from the end
of subsection (f) of
the regulation
submitted with SIP
submittal. The SIP
revision incorporating
Article XXI Sec.
2102.06(f) should read
as follows ``f.
Requirements for
Modeling. Where air
quality models are
used to meet the
provisions of this
section, modeling
shall be based on the
applicable models and
other requirements
specified in 40 CFR
Part 51 Appendix W
(Guideline on Air
Quality Models). Where
an air quality model
is inappropriate, the
model may be modified
or another model may
be substituted only on
a case-by-case basis
at the Department's
discretion upon
written approval by
the administrator of
EPA. In addition, use
of a modified or
substituted model must
be subject to notice
and opportunity for
public comment under
procedures set forth
in 40 CFR 51.102.''
* * * * * * *
2102.08........................ Emission Offset 4/3/2012 3/30/2015 [Insert
Registration. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-07106 Filed 3-27-15; 8:45 am]
BILLING CODE 6560-50-P
