Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Measurement and Reporting of Condensable Particulate Matter Emissions, 20598-20600 [2016-08159]
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20598
Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules
TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
36. 1 day—4th of July weekend ......................
City of Stillwater/St.
Croix Events/Stillwater 4th of July.
Riverside Chamber of
Commerce/Riverfest.
St. Croix Events/Lumberjack Days.
Lake of the Ozarks
Shootout, Inc./Lake
of the Ozarks
Shootout.
City of Keithsburg/
Keithsburg Fireworks Display.
City of East Moline/
City of East Moline
Fireworks.
Lansing Lion’s Club/
Lansing Fish Days
Fireworks.
River Action/Floatzilla
37. 2 days—3rd weekend of September .........
38. 4 days—3rd week of July ..........................
39. 2 days—Weekend that precedes Labor
Day Weekend.
40. 2 days—1st weekend of September ..........
41. 1 day—4th of July weekend ......................
42. 2nd Weekend in August .............................
43. 3rd Weekend in August .............................
44. 1 day—Weekend before Thanksgiving ......
45. 2 days—A weekend in September ............
46. 1 day—4th of July weekend ......................
*
*
*
*
Main Street Parkway
Association/Parkville
Christmas on the
River.
St. Louis Drag Boat
Association/New
Athens Drag Boat
Race.
City of Marquette/Marquette Independence Day Celebration.
Sector Upper
Mississippi River
location
Stillwater, MN .............
St. Croix River mile marker 022.9 to 023.5
(Minnesota).
Riverside, MO ............
Missouri River mile marker 371.8 to 372.2.
Stillwater, MN .............
St. Croix River mile marker 022.9 to 023.5
(Minnesota).
Lake of the Ozarks mile marker 032.5 to
034.5.
Lake of the Ozarks,
MO.
Keithsburg, IL .............
Upper Mississippi River mile marker 427.5 to
427.3.
East Moline, IA ...........
Upper Mississippi River mile marker 490.2 to
489.8.
Lansing, IA .................
Upper Mississippi River mile marker 662.8–
663.9.
Rock Island, Illinois ....
Parkville, MO ..............
Upper Mississippi River mile marker 479.0–
486.0.
Missouri River mile marker 377.5 to 378.0.
New Athens, IL ...........
Kaskaskia River mile marker 119.7 to 120.3.
Marquette, IA ..............
Upper Mississippi River mile marker 634.2 to
635.7.
Pennsylvania. This SIP revision amends
two regulations to clarify testing and
sampling methods for stationary sources
of particulate matter (PM) and add the
requirement to measure and report
filterable and condensable PM. This
action is being taken under the Clean
Air Act (CAA).
*
Dated: April 4, 2016.
M. L. Malloy,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2016–07997 Filed 4–7–16; 8:45 am]
BILLING CODE 9110–04–P
Written comments must be
received on or before May 9, 2016.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
[EPA–R03–OAR–2016–0005; FRL–9944–72–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Measurement and
Reporting of Condensable Particulate
Matter Emissions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
SUMMARY:
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Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2016–0005 at https://
www.regulations.gov, or via email to
fernandez.cristina@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
ADDRESSES:
40 CFR Part 52
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Sfmt 4702
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
PM, also known as particle pollution,
is a complex mixture of extremely small
particles and liquid droplets. Particle
pollution is made up of a number of
components, including acids (such as
nitrates and sulfates), organic chemicals,
metals, and soil or dust particles. The
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Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules
size of particles is directly linked to
their potential for causing health
problems. EPA is concerned about
particles that are 10 micrometers in
diameter or smaller, because those are
the particles that generally pass through
the throat and nose and enter the lungs.
Once inhaled, these particles can affect
the heart and lungs and cause serious
health effects.
EPA established the first national
ambient air quality standard (NAAQS)
for coarse particles (PM10), which are
particles less than 10 microns in
diameter, on July 1, 1987. 52 FR 24634.
The rules established primary (health
based) and secondary (welfare based)
PM10 standards for short term (24-hour)
and long term (annual) exposures to PM.
The 24-hour standards were set at 150
micrograms per cubic meter (mg/m3), not
to be exceeded more than once per year
on average over a 3-year period. The
annual standards were set at 50 mg/m3,
based on a three-year average annual
arithmetic mean. On July 18, 1997, EPA
established the first NAAQS for
particles less than 2.5 microns in
diameter, known as fine particulate
(PM2.5). 62 FR 38652. EPA set an annual
primary and secondary standards at 15
mg/m3, based on a three-year average of
annual mean PM2.5 concentrations and
24-hour primary and secondary
standards at 65 mg/m3, based on a threeyear average of the 98th percentile of 24hour concentrations. EPA revised the
PM2.5 NAAQS on October 17, 2006,
lowering the primary and secondary 24hour NAAQS from 65 mg/m3 to 35 mg/
m3. 71 FR 61144. In that rule, EPA
retained the 24-hour PM10 NAAQS, and
revoked the annual PM10 standard. On
December 14, 2012, EPA once again
revised the PM2.5 NAAQS, lowering the
level of the health based primary annual
standard from 15 to 12 mg/m3, while
retaining the welfare based secondary
annual standard at 15 mg/m3. That rule
also retained the 24-hour PM2.5 standard
at a level of 35 mg/m3.
On December 1, 2010, EPA revised
two test methods for measuring PM
emissions from stationary sources. 75
FR 80118. One of the revised methods,
called Method 201A, provides the
capability to measure the mass of
filterable PM2.5. The second revised
method, called Method 202, makes
measurement of condensable PM more
accurate. Condensable PM forms from
condensing gases or vapors. It is a
common component of both PM10 and
PM2.5. The combination of Methods
201A and 202 helps EPA and states to
develop more accurate primary PM
emissions inventories, determine
whether stationary sources are major
sources of PM10 or PM2.5 emissions for
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the New Source Review (NSR)/
Prevention of Significant Deterioration
(PSD) program or the Title V Permit
program, determine more accurately the
effectiveness of control devices for PM10
or PM2.5, develop regulatory limits with
more appropriate test methods, and
determine compliance with regulatory
limits with greater accuracy. See 40 CFR
part 51 appendix M and 75 FR 80118
(December 21, 2010).
II. Summary of SIP Revision
On June 25, 2015, the Commonwealth
of Pennsylvania submitted a formal SIP
revision that amends chapters 121 and
139 of title 25, Environmental
Protection, of the Pennsylvania Code (25
Pa. Code). Methods 201A and 202 are
incorporated by reference in
Pennsylvania’s Source Testing Manual,
which is incorporated by reference in 25
Pa. Code, chapter 139, Sampling and
Testing. Amendments to chapter 121, in
section 121.1, add definitions for the
terms ‘‘condensable particulate matter’’
and ‘‘filterable particulate matter.’’ The
amendments to 25 Pa. Code section
139.12 explain the process for
determining compliance with filterable
and condensable PM emission
limitations, and explains the
compliance demonstration process.
Under 25 Pa. Code section 139.12(b), the
owner or operator of a stationary source
subject to PM emission limitations or to
NSR/PSD applicability determinations
is required to demonstrate compliance
for filterable and condensable PM
emissions. The amendment to 25 Pa.
Code section 139.53 specifies to whom
monitoring reports must be submitted.
III. Proposed Action
EPA is proposing to approve the June
25, 2015 Pennsylvania SIP revision,
which amends specific provisions
within chapters 121 and 139 of 25 Pa.
Code. The amendments clarify testing
and sampling methods and reporting
requirements for stationary sources of
PM and add the requirement to measure
and report filterable and condensable
PM. This revision meets requirements in
section 110 of the CAA and strengthens
the Pennsylvania SIP. EPA is soliciting
public comments on the issues
discussed in this document. These
comments will be considered before
taking final action.
IV. Incorporation by Reference
In this proposed rulemaking action,
EPA is proposing to include in a final
EPA rule, regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, EPA is proposing to
incorporate by reference the revised
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20599
Pennsylvania regulations, published in
the Pennsylvania Bulletin, Vol. 44 No.
15, April 12, 2014, and effective on
April 12, 2014. EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 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
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Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rulemaking action,
proposing to approve amendments to
Pennsylvania’s regulations regarding
testing and sampling methods for
stationary sources of PM, including
filterable and condensable PM, 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 Commonwealth, and EPA
notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 24, 2016
Shawn M. Garvin,
Regional Administrator Region III.
[FR Doc. 2016–08159 Filed 4–7–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52
[EPA–R04–OAR–2016–0072; FRL–9944–53–
Region 4]
Air Plan Approval; North Carolina;
Prong 4–2008 Ozone, 2010 NO2, SO2,
and 2012 PM2.5
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of revisions to the North
Carolina State Implementation Plan
(SIP), submitted by the North Carolina
Department of Environment and Natural
Resources (NC DENR), addressing the
Clean Air Act (CAA or Act) visibility
transport (prong 4) infrastructure SIP
requirements for the 2008 8-hour Ozone,
2010 1-hour Nitrogen Dioxide (NO2),
2010 1-hour Sulfur Dioxide (SO2), and
2012 annual Fine Particulate Matter
(PM2.5) National Ambient Air Quality
Standards (NAAQS). The CAA requires
that each state adopt and submit a SIP
for the implementation, maintenance,
and enforcement of each NAAQS
promulgated by EPA, commonly
referred to as an ‘‘infrastructure SIP.’’
Specifically, EPA is proposing to
approve the prong 4 portions of North
Carolina’s November 2, 2012, 2008 8-
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
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hour Ozone infrastructure SIP
submission; August 23, 2013, 2010 1hour NO2 infrastructure SIP submission;
March 18, 2014, 2010 1-hour SO2
infrastructure SIP submission; and
December 4, 2015, 2012 annual PM2.5
infrastructure SIP submission. All other
applicable infrastructure requirements
for these SIP submissions have been or
will be addressed in separate
rulemakings.
DATES: Comments must be received on
or before April 29, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No EPA–R04–
OAR–2016–0072 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached by telephone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by
states within three years after
promulgation of a new or revised
NAAQS to provide for the
implementation, maintenance, and
enforcement of the new or revised
NAAQS. EPA has historically referred to
these SIP submissions made for the
purpose of satisfying the requirements
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of sections 110(a)(1) and 110(a)(2) as
‘‘infrastructure SIP’’ submissions.
Sections 110(a)(1) and (2) require states
to address basic SIP elements such as
for monitoring, basic program
requirements, and legal authority that
are designed to assure attainment and
maintenance of the newly established or
revised NAAQS. More specifically,
section 110(a)(1) provides the
procedural and timing requirements for
infrastructure SIPs. Section 110(a)(2)
lists specific elements that states must
meet for the infrastructure SIP
requirements related to a newly
established or revised NAAQS. The
contents of an infrastructure SIP
submission may vary depending upon
the data and analytical tools available to
the state, as well as the provisions
already contained in the state’s
implementation plan at the time in
which the state develops and submits
the submission for a new or revised
NAAQS.
Section 110(a)(2)(D) has two
components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
includes four distinct components,
commonly referred to as ‘‘prongs,’’ that
must be addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), are provisions that
prohibit any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in another
state (prong 1) and from interfering with
maintenance of the NAAQS in another
state (prong 2). The third and fourth
prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that
prohibit emissions activity in one state
from interfering with measures required
to prevent significant deterioration of air
quality in another state (prong 3) or
from interfering with measures to
protect visibility in another state (prong
4). Section 110(a)(2)(D)(ii) requires SIPs
to include provisions ensuring
compliance with sections 115 and 126
of the Act, relating to interstate and
international pollution abatement.
Through this action, EPA is proposing
to approve the prong 4 portions of North
Carolina’s infrastructure SIP
submissions for the 2008 8-hour Ozone,
2010 1-hour NO2, 2010 1-hour SO2, and
2012 annual PM2.5 NAAQS as discussed
in section IV of this document. All other
applicable infrastructure SIP
requirements for these SIP submissions
have been or will be addressed in
separate rulemakings. A brief
background regarding the NAAQS
relevant to this proposal is provided
below. For comprehensive information
on these NAAQS, please refer to the
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Agencies
[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Proposed Rules]
[Pages 20598-20600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08159]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0005; FRL-9944-72-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Measurement and Reporting of Condensable Particulate
Matter Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania. This SIP revision amends two regulations
to clarify testing and sampling methods for stationary sources of
particulate matter (PM) and add the requirement to measure and report
filterable and condensable PM. This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be received on or before May 9, 2016.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2016-0005 at https://www.regulations.gov, or via email to
fernandez.cristina@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
PM, also known as particle pollution, is a complex mixture of
extremely small particles and liquid droplets. Particle pollution is
made up of a number of components, including acids (such as nitrates
and sulfates), organic chemicals, metals, and soil or dust particles.
The
[[Page 20599]]
size of particles is directly linked to their potential for causing
health problems. EPA is concerned about particles that are 10
micrometers in diameter or smaller, because those are the particles
that generally pass through the throat and nose and enter the lungs.
Once inhaled, these particles can affect the heart and lungs and cause
serious health effects.
EPA established the first national ambient air quality standard
(NAAQS) for coarse particles (PM10), which are particles
less than 10 microns in diameter, on July 1, 1987. 52 FR 24634. The
rules established primary (health based) and secondary (welfare based)
PM10 standards for short term (24-hour) and long term
(annual) exposures to PM. The 24-hour standards were set at 150
micrograms per cubic meter ([micro]g/m\3\), not to be exceeded more
than once per year on average over a 3-year period. The annual
standards were set at 50 [micro]g/m\3\, based on a three-year average
annual arithmetic mean. On July 18, 1997, EPA established the first
NAAQS for particles less than 2.5 microns in diameter, known as fine
particulate (PM2.5). 62 FR 38652. EPA set an annual primary
and secondary standards at 15 [micro]g/m\3\, based on a three-year
average of annual mean PM2.5 concentrations and 24-hour
primary and secondary standards at 65 [micro]g/m\3\, based on a three-
year average of the 98th percentile of 24-hour concentrations. EPA
revised the PM2.5 NAAQS on October 17, 2006, lowering the
primary and secondary 24-hour NAAQS from 65 [micro]g/m\3\ to 35
[micro]g/m\3\. 71 FR 61144. In that rule, EPA retained the 24-hour
PM10 NAAQS, and revoked the annual PM10 standard.
On December 14, 2012, EPA once again revised the PM2.5
NAAQS, lowering the level of the health based primary annual standard
from 15 to 12 [micro]g/m\3\, while retaining the welfare based
secondary annual standard at 15 [micro]g/m\3\. That rule also retained
the 24-hour PM2.5 standard at a level of 35 [micro]g/m\3\.
On December 1, 2010, EPA revised two test methods for measuring PM
emissions from stationary sources. 75 FR 80118. One of the revised
methods, called Method 201A, provides the capability to measure the
mass of filterable PM2.5. The second revised method, called
Method 202, makes measurement of condensable PM more accurate.
Condensable PM forms from condensing gases or vapors. It is a common
component of both PM10 and PM2.5. The combination
of Methods 201A and 202 helps EPA and states to develop more accurate
primary PM emissions inventories, determine whether stationary sources
are major sources of PM10 or PM2.5 emissions for
the New Source Review (NSR)/Prevention of Significant Deterioration
(PSD) program or the Title V Permit program, determine more accurately
the effectiveness of control devices for PM10 or
PM2.5, develop regulatory limits with more appropriate test
methods, and determine compliance with regulatory limits with greater
accuracy. See 40 CFR part 51 appendix M and 75 FR 80118 (December 21,
2010).
II. Summary of SIP Revision
On June 25, 2015, the Commonwealth of Pennsylvania submitted a
formal SIP revision that amends chapters 121 and 139 of title 25,
Environmental Protection, of the Pennsylvania Code (25 Pa. Code).
Methods 201A and 202 are incorporated by reference in Pennsylvania's
Source Testing Manual, which is incorporated by reference in 25 Pa.
Code, chapter 139, Sampling and Testing. Amendments to chapter 121, in
section 121.1, add definitions for the terms ``condensable particulate
matter'' and ``filterable particulate matter.'' The amendments to 25
Pa. Code section 139.12 explain the process for determining compliance
with filterable and condensable PM emission limitations, and explains
the compliance demonstration process. Under 25 Pa. Code section
139.12(b), the owner or operator of a stationary source subject to PM
emission limitations or to NSR/PSD applicability determinations is
required to demonstrate compliance for filterable and condensable PM
emissions. The amendment to 25 Pa. Code section 139.53 specifies to
whom monitoring reports must be submitted.
III. Proposed Action
EPA is proposing to approve the June 25, 2015 Pennsylvania SIP
revision, which amends specific provisions within chapters 121 and 139
of 25 Pa. Code. The amendments clarify testing and sampling methods and
reporting requirements for stationary sources of PM and add the
requirement to measure and report filterable and condensable PM. This
revision meets requirements in section 110 of the CAA and strengthens
the Pennsylvania SIP. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.
IV. Incorporation by Reference
In this proposed rulemaking action, EPA is proposing to include in
a final EPA rule, regulatory text that includes incorporation by
reference. In accordance with the requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference the revised Pennsylvania
regulations, published in the Pennsylvania Bulletin, Vol. 44 No. 15,
April 12, 2014, and effective on April 12, 2014. EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
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
[[Page 20600]]
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rulemaking action, proposing to approve
amendments to Pennsylvania's regulations regarding testing and sampling
methods for stationary sources of PM, including filterable and
condensable PM, 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 Commonwealth,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.o
Authority: 42 U.S.C. 7401 et seq.
Dated: March 24, 2016
Shawn M. Garvin,
Regional Administrator Region III.
[FR Doc. 2016-08159 Filed 4-7-16; 8:45 am]
BILLING CODE 6560-50-P