Air Plan Approval; Pennsylvania; Update to Materials Incorporated by Reference, 24856-24859 [2017-10919]
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24856
Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[PA 200–4205; FRL–9959–23–Region 3]
Air Plan Approval; Pennsylvania;
Update to Materials Incorporated by
Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the Pennsylvania state
implementation plan (SIP). The
regulations affected by this update have
been previously submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) and
approved by EPA. This update affects
the SIP materials that are available for
public inspection at the National
Archives and Records Administration
(NARA) and the EPA Regional Office.
DATES: This action is effective May 31,
2017.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; or
NARA. For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376, or by
email at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
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February 25, 2005 (70 FR 9450), EPA
published a document in the Federal
Register beginning the new IBR
procedure for Pennsylvania, including
Philadelphia and Allegheny Counties.
On January 3, 2007 (72 FR 200), March
25, 2009 (74 FR 13014), July 5, 2011 (76
FR 38992), and August 1, 2013 (78 FR
46516), EPA published updates to the
IBR material for Pennsylvania.
Since the publication of the last IBR
update, EPA has approved the following
regulatory changes to the following
regulations and sections for
Pennsylvania and Allegheny County:
A. Added Regulations
1. Additions of the following
regulations or sections in 25 PA Code,
article III:
a. Chapter 123 (Standards for
Contaminants, Sulfur Compound
Emissions), sections 123.22(f) and
123.22(g).
b. Chapter 129 (Standard for Sources),
(Sources for VOCs), sections 67(a) and
67(b).
2. Addition of title 65 (Pennsylvania
Statute—Public Officers), part II
(Accountability), chapter 11 (Ethics,
Standards, and Financial Disclosure),
sections 1101 (Short title of chapter),
1102 (Definitions), 1104 (Statement of
financial interests required to be filed),
1105 (Statement of financial interests)
and 1109 (Penalties).
3. Additions of the following
regulations or sections in Allegheny
County article XXI:
a. Additional definitions were added
to part A (General), section 2102.20.
b. Part D (Pollutant Emission
Standards), section 2104.09.
c. Part E (Source Emission and
Operating Standards), subpart 7
(Miscellaneous VOC Sources), section
2105.80 through 2105.86 inclusive.
B. Revised Regulations
1. Revisions to the following
regulations or sections in 25 PA Code,
article III:
a. Chapter 121 (General Provisions),
section 121.1.
b. Chapter 123 (Sulfur Compound
Emissions), sections 123.22(a) through
(e) inclusive.
c. Chapter 127 (Construction,
Modification, Reactivation, and
Operation of Sources), subchapter I
(Plan Approval and Operating Permit
Fees), section 127.701.
d. Chapter 129 (Standards for
Sources), (Sources of VOCs), sections
129.51, 129.67, and 129.77.
e. Chapter 130 (Standards for
Products), subchapter D (Adhesives,
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Sealants, Primers and Solvents), section
130.703.
f. Chapter 139 (Sampling and
Testing), subchapter A (Sampling and
Testing Methods and Procedures—
General), section 139.4.
g. Chapter 139 (Sampling and
Testing), subchapter A (Sampling and
Testing Methods and Procedures—
Stationary Sources), section 139.16.
2. Revisions to Allegheny County
article XXI:
a. Part A (General), sections 2101.10
and 2101.20.
b. Part B (Permits Generally), sections
2102.04, 2102.06, 2102.08 and 2102.10.
c. Part E (Source Emission and
Operating Standards), subpart 1—VOC
Sources, sections 2105.10 and 2105.11.
d. Part E (Source Emission and
Operating Standards), subpart 5—Open
Burning and Abrasive Blasting Sources,
section 2105.50.
C. Removed Regulations
In 25 PA Code article III, chapter 130
(Standards for Products), subchapter A
(Portable Fuel Containers), sections
130.101 through 130.108 inclusive have
been removed.
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of July 1,
2016 and revising the text within 40
CFR 52.2020(b).
EPA is revising our 40 CFR part 52
‘‘Identification of Plan’’ for the
Commonwealth of Pennsylvania
regarding incorporation by reference,
§ 52.2020(b). EPA is revising
§ 52.2020(b)(1) to clarify that all SIP
revisions listed in paragraphs (c) and
(d), regardless of inclusion in the most
recent ‘‘update to the SIP compilation,’’
are fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
in which EPA approved the SIP
revision, consistent with following our
‘‘Approval and Promulgations of Air
Quality Implementation Plans; Revised
Format of 40 CFR part 52 for Materials
Being Incorporated by Reference,’’
effective May 22, 1997 (62 FR 27968).
EPA is revising § 52.2020(b)(2) to clarify
references to other portions of paragraph
(b) with paragraph (b)(2). EPA is
revising paragraph (b)(3) to update
address and contact information.
In the table for paragraph 40 CFR
52.2020(c)(1), EPA is taking the
following action:
Rearrange entries in chapter 123
(Standards for Contaminants), (Sulfur
Compound Emissions), section 123.22
(a) through 123.22(e).
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Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
EPA has further determined that the
entries found in the tables of paragraphs
(c)(2), (c)(3), (d)(1), (d)(2), (d)(3), (d)(4),
(e)(1), and (e)(2) are correct in the CFR
and need no additional editing at this
time.
III. Good Cause Exemption
EPA has determined that this rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). This rule simply codifies
provisions which are already in effect as
a matter of law in federal and approved
state programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
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IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of previously EPA
approved regulations promulgated by
the Commonwealth of Pennsylvania and
federally effective prior to July 1, 2016.
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region III office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
1 62
FR 27968 (May 22, 1997).
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V. Statutory and Executive Order
Reviews
costs on tribal governments or preempt
tribal law.
A. General Requirements
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).
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
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C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the
Pennsylvania SIP compilations had
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day
period for filing such petitions for
judicial review for this ‘‘Identification of
plan’’ update action for Pennsylvania.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 18, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
■
2. Section 52.2020 is amended by:
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24858
Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
a. Revising paragraph (b); and
■ b. In paragraph (c)(1), revising the
entries under ‘‘Chapter 123—Standards
for Contaminants,’’ ‘‘Sulfur Compound
Emission’’.
The revisions read as follows:
■
§ 52.2020
Identification of plan.
*
*
*
*
*
(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to July 1, 2016, were
approved for incorporation by reference
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Entries in paragraphs (c)
and (d) of this section with the EPA
approval dates after July 1, 2016 for the
Commonwealth of Pennsylvania, have
been approved by EPA for inclusion in
the state implementation plan and for
incorporation by reference into the plan
as it is contained in this section, and
will be considered by the Director of the
Federal Register for approval in the next
update to the SIP compilation.
(2)(i) EPA Region III certifies that the
following materials provided by EPA at
the addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated Commonwealth
rules/regulations which have been
approved as part of the state
implementation plan as of the dates
State citation
referenced in paragraph (b)(1) of this
section:
(A) Materials in Notebook ‘‘40 CFR
52.2020(c)(1)–1. PA Department of
Environmental Protection (PA DEP); 2.
PA Department of Transportation (PA
DOT).’’
(B) Materials in Notebook ‘‘1. 40 CFR
52.2020(c)(2)—Allegheny County Health
Department (ACHD); 2. 40 CFR
52.2020(c)(3)—Philadelphia Air
Management Services (AMS).’’
(ii) EPA Region III certifies that the
following materials provided by EPA at
the addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated Commonwealth
source-specific requirements which
have been approved as part of the state
implementation plan as of the dates
referenced in paragraph(b)(1) of this
section. No additional revisions were
made between April 1, 2013 and July 1,
2016:
(A) [Reserved]
(B) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 1, Part 1.’’
(C) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 1, Part 2.’’
(D) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 2, Part 1.’’
(E) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 2, Part 2.’’
State
effective
date
Title/subject
(F) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 3.’’
(G) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 4.’’
(H) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 5.’’
(I) Materials in Notebook ‘‘40 CFR
52.2020(d)(1)—Source-specific
Requirements—Volume 6.’’
(J) Materials in Notebook ‘‘40 CFR
52.2020(d)(2)–(d)(4)—Source-specific
Requirements.’’
(3) Copies of the materials
incorporated by reference into the state
implementation plan may be inspected
at the Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. To
obtain the material, please call the
Regional Office at (215) 814–3376. You
may also inspect the material with an
EPA approval date prior to July 1, 2016
for the Commonwealth of Pennsylvania
at the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) * * *
(1) * * *
Additional
explanation/
§ 52.2063 citation
EPA approval date
Title 25—Environmental Protection Article III—Air Resources
*
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*
*
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Chapter 123—Standards for Contaminants
*
*
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*
*
Sulfur Compound Emissions
Section 123.21 ........................
Section 123.22(a) ...................
123.22(b) .................................
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123.22(b) .................................
123.22(c) .................................
123.22(c) .................................
123.22(d) .................................
123.22(d) .................................
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General ..................................
Combustion units. [General
provisions—air basins and
non-air basins].
Combustion units—Erie Air
Basin.
Combustion units—Erie Air
Basin.
Combustion units—Upper
Beaver Valley Air Basin.
Combustion units—Upper
Beaver Valley Air Basin.
Combustion units—Lower
Beaver Valley Air Basin.
Combustion units—Lower
Beaver Valley Air Basin.
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3/20/72
02/09/13
5/31/72, 37 FR 10842 ............
07/10/14, 79 FR 39333 ..........
08/01/79
08/08/79, 44 FR 46465 ..........
02/09/13
07/10/14, 79 FR 39333 ..........
08/21/82
07/05/83, 48 FR 30630 ..........
02/09/13
07/10/14, 79 FR 39333 ..........
01/01/81
12/16/81, 46 FR 61267 ..........
02/09/13
07/10/14, 79 FR 39333 ..........
Fmt 4700
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E:\FR\FM\31MYR1.SGM
31MYR1
(c)(1).
Amended sections 123.22(a)
123.22(b), 123.22(c),
123.22(d), and 123.22(e).
(c)(20); correction published
1/23/80 (45 FR 5303).
Amended sections 123.22(a)
123.22(b), 123.22(c),
123.22(d), and 123.22(e).
(c)(53).
Amended sections 123.22(a)
123.22(b), 123.22(c),
123.22(d), and 123.22(e).
(c)(40).
Amended sections 123.22(a)
123.22(b), 123.22(c),
123.22(d), and 123.22(e).
24859
Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
State
effective
date
State citation
Title/subject
123.22(e) .................................
Combustion units—Southeast
PA Air Basin.
Combustion units—Southeast
PA Air Basin.
123.22(e) .................................
Section 123.22(f) ....................
Section 123.22(g) ...................
Figure 4 [Graph] .....................
Section 123.24 ........................
Section 123.25 ........................
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2017–0158; A–1–FRL–
9961–72–Region 1]
Adequacy Status of Motor Vehicle
Emissions Budgets for Transportation
Conformity Purposes; CT
Environmental Protection
Agency.
ACTION: Notice of adequacy.
AGENCY:
The Environmental Protection
Agency (EPA) is notifying the public
that it has found that the 2017 motor
vehicle emission budgets for the Greater
Connecticut ozone nonattainment area
for the 2008 national ambient air quality
standard (NAAQS) for ozone are
adequate for transportation conformity
purposes. As a result of our finding,
Connecticut must use these motor
vehicle emissions budgets for future
transportation conformity
determinations. These budgets were
contained in the January 17, 2017
attainment demonstration State
Implementation Plan (SIP) for the
Greater Connecticut ozone
nonattainment area for the 2008 ozone
NAAQS.
DATES: This finding is effective June 15,
2017.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, 5 Post
Office Square, Suite 100 (mail code:
OEP05–2), Boston, MA 02109–3912,
telephone number (617) 918–1660, fax
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SUMMARY:
16:13 May 30, 2017
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06/04/79, 44 FR 31980 ..........
(c)(18).
02/09/13
07/10/14, 79 FR 39333 ..........
02/09/13
07/10/14 .................................
Amended sections 123.22(a)
123.22(b), 123.22(c),
123.22(d), and 123.22(e).
New section.
02/09/13
07/10/14, 79 FR 39333 ..........
New section.
3/20/72
5/31/72, 37 FR 10842 ............
(c)(1).
8/11/75
10/27/90
*
[FR Doc. 2017–10919 Filed 5–30–17; 8:45 am]
VerDate Sep<11>2014
10/01/78
Combustion units—Sampling
and testing.
Combustion units—Recordkeeping and reporting.
Sulfur Oxides—Combustion
Units.
Primary zinc smelters ............
Monitoring requirements ........
*
4/30/76, 41 FR 18077 ............
6/30/93, 58 FR 34911 ............
(c)(14).
(c)(81).
*
*
number (617) 918–0660, email
garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Today’s action is simply an
announcement of a finding that we have
already made. EPA Region 1 sent a letter
to the Connecticut Department of
Energy and Environmental Protection
(CT DEEP) on March 20, 2017 stating
that the 2017 motor vehicle emissions
budgets (MVEBs) for the Greater
Connecticut nonattainment area for the
2008 ozone NAAQS are adequate. CT
DEEP submitted the budgets on January
17, 2017, as part of its attainment
demonstration SIP for the Greater
Connecticut nonattainment area for the
2008 ozone NAAQS. This submittal was
announced on EPA’s conformity Web
site, and received no comments. (See
https://www.epa.gov/state-and-localtransportation/adequacy-review-stateimplementation-plan-sip-submissionsconformity. Once there, click on ‘‘What
SIP submissions are currently under
EPA adequacy review?’’)
The 2017 MVEBs, in tons per summer
day (tpsd), for volatile organic
compounds (VOC) and oxides of
nitrogen (NOX) for Greater Connecticut,
are as follows:
2017 ADEQUATE MOTOR VEHICLE
EMISSIONS
BUDGETS
GREATER
CONNECTICUT AREA
VOC
(tpsd)
NOX
(tpsd)
15.9
22.2
Year 2017 .........
Transportation conformity is required
by section 176(c) of the Clean Air Act.
EPA’s conformity rule requires that
transportation plans, programs, and
projects conform to state air quality
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Additional
explanation/
§ 52.2063 citation
EPA approval date
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implementation plans and establishes
criteria and procedures for determining
whether or not they do. Conformity to
a SIP means that transportation
activities will not produce new air
quality violations, worsen existing
violations, or delay timely attainment of
the national ambient air quality
standards.
The criteria by which we determine
whether a SIP’s motor vehicle emissions
budgets are adequate for transportation
conformity purposes are outlined in 40
CFR 93.118(e)(4). We have described
our process for determining the
adequacy of submitted SIP budgets in
our July 1, 2004, conformity final rule
preamble starting at 69 FR 40038, and
we used the information in these
resources while making our adequacy
determination. Please note that an
adequacy review is separate from EPA’s
completeness review, and it also should
not be used to prejudge EPA’s ultimate
approval of the SIP. Even if we find a
budget adequate, the SIP could later be
disapproved.
Connecticut’s January 17, 2017 SIP
revision also includes 2017 MVEBs for
the Connecticut portion of the New
York-Northern New Jersey-Long Island,
NY-NJ-CT (Southwest Connecticut)
nonattainment area for the 2008 ozone
NAAQS. However, we are not able to
evaluate the budgets for the Southwest
Connecticut nonattainment area at this
time since Connecticut DEEP has not yet
submitted its reasonable further
progress and attainment demonstration
SIPs for this area. EPA will not take
action, nor make an adequacy
determination, on MVEBs for the 2008
ozone standard for the Southwest
Connecticut nonattainment area, until a
SIP revision meeting the requirements
for reasonable further progress or an
attainment demonstration is submitted
for that nonattainment area.
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]]>Agencies
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24856-24859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10919]
[[Page 24856]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 200-4205; FRL-9959-23-Region 3]
Air Plan Approval; Pennsylvania; Update to Materials Incorporated
by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the
Pennsylvania state implementation plan (SIP). The regulations affected
by this update have been previously submitted by the Pennsylvania
Department of Environmental Protection (PADEP) and approved by EPA.
This update affects the SIP materials that are available for public
inspection at the National Archives and Records Administration (NARA)
and the EPA Regional Office.
DATES: This action is effective May 31, 2017.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; or NARA. For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376, or by
email at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, EPA, from time to
time, must take action on SIP revisions containing new and/or revised
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office
of the Federal Register (OFR). The description of the revised SIP
document, IBR procedures and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997 Federal Register
document. On February 25, 2005 (70 FR 9450), EPA published a document
in the Federal Register beginning the new IBR procedure for
Pennsylvania, including Philadelphia and Allegheny Counties. On January
3, 2007 (72 FR 200), March 25, 2009 (74 FR 13014), July 5, 2011 (76 FR
38992), and August 1, 2013 (78 FR 46516), EPA published updates to the
IBR material for Pennsylvania.
Since the publication of the last IBR update, EPA has approved the
following regulatory changes to the following regulations and sections
for Pennsylvania and Allegheny County:
A. Added Regulations
1. Additions of the following regulations or sections in 25 PA
Code, article III:
a. Chapter 123 (Standards for Contaminants, Sulfur Compound
Emissions), sections 123.22(f) and 123.22(g).
b. Chapter 129 (Standard for Sources), (Sources for VOCs), sections
67(a) and 67(b).
2. Addition of title 65 (Pennsylvania Statute--Public Officers),
part II (Accountability), chapter 11 (Ethics, Standards, and Financial
Disclosure), sections 1101 (Short title of chapter), 1102
(Definitions), 1104 (Statement of financial interests required to be
filed), 1105 (Statement of financial interests) and 1109 (Penalties).
3. Additions of the following regulations or sections in Allegheny
County article XXI:
a. Additional definitions were added to part A (General), section
2102.20.
b. Part D (Pollutant Emission Standards), section 2104.09.
c. Part E (Source Emission and Operating Standards), subpart 7
(Miscellaneous VOC Sources), section 2105.80 through 2105.86 inclusive.
B. Revised Regulations
1. Revisions to the following regulations or sections in 25 PA
Code, article III:
a. Chapter 121 (General Provisions), section 121.1.
b. Chapter 123 (Sulfur Compound Emissions), sections 123.22(a)
through (e) inclusive.
c. Chapter 127 (Construction, Modification, Reactivation, and
Operation of Sources), subchapter I (Plan Approval and Operating Permit
Fees), section 127.701.
d. Chapter 129 (Standards for Sources), (Sources of VOCs), sections
129.51, 129.67, and 129.77.
e. Chapter 130 (Standards for Products), subchapter D (Adhesives,
Sealants, Primers and Solvents), section 130.703.
f. Chapter 139 (Sampling and Testing), subchapter A (Sampling and
Testing Methods and Procedures--General), section 139.4.
g. Chapter 139 (Sampling and Testing), subchapter A (Sampling and
Testing Methods and Procedures--Stationary Sources), section 139.16.
2. Revisions to Allegheny County article XXI:
a. Part A (General), sections 2101.10 and 2101.20.
b. Part B (Permits Generally), sections 2102.04, 2102.06, 2102.08
and 2102.10.
c. Part E (Source Emission and Operating Standards), subpart 1--VOC
Sources, sections 2105.10 and 2105.11.
d. Part E (Source Emission and Operating Standards), subpart 5--
Open Burning and Abrasive Blasting Sources, section 2105.50.
C. Removed Regulations
In 25 PA Code article III, chapter 130 (Standards for Products),
subchapter A (Portable Fuel Containers), sections 130.101 through
130.108 inclusive have been removed.
II. EPA Action
In this action, EPA is announcing the update to the IBR material as
of July 1, 2016 and revising the text within 40 CFR 52.2020(b).
EPA is revising our 40 CFR part 52 ``Identification of Plan'' for
the Commonwealth of Pennsylvania regarding incorporation by reference,
Sec. 52.2020(b). EPA is revising Sec. 52.2020(b)(1) to clarify that
all SIP revisions listed in paragraphs (c) and (d), regardless of
inclusion in the most recent ``update to the SIP compilation,'' are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking in which EPA approved the
SIP revision, consistent with following our ``Approval and
Promulgations of Air Quality Implementation Plans; Revised Format of 40
CFR part 52 for Materials Being Incorporated by Reference,'' effective
May 22, 1997 (62 FR 27968). EPA is revising Sec. 52.2020(b)(2) to
clarify references to other portions of paragraph (b) with paragraph
(b)(2). EPA is revising paragraph (b)(3) to update address and contact
information.
In the table for paragraph 40 CFR 52.2020(c)(1), EPA is taking the
following action:
Rearrange entries in chapter 123 (Standards for Contaminants),
(Sulfur Compound Emissions), section 123.22 (a) through 123.22(e).
[[Page 24857]]
EPA has further determined that the entries found in the tables of
paragraphs (c)(2), (c)(3), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), and
(e)(2) are correct in the CFR and need no additional editing at this
time.
III. Good Cause Exemption
EPA has determined that this rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
rule simply codifies provisions which are already in effect as a matter
of law in federal and approved state programs. Under section 553 of the
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment is
``unnecessary'' and ``contrary to the public interest'' since the
codification only reflects existing law. Immediate notice in the CFR
benefits the public by removing outdated citations and incorrect table
entries.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of previously
EPA approved regulations promulgated by the Commonwealth of
Pennsylvania and federally effective prior to July 1, 2016. Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\1\ EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region III office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the Pennsylvania SIP compilations had previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for Pennsylvania.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 18, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. Section 52.2020 is amended by:
[[Page 24858]]
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a. Revising paragraph (b); and
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b. In paragraph (c)(1), revising the entries under ``Chapter 123--
Standards for Contaminants,'' ``Sulfur Compound Emission''.
The revisions read as follows:
Sec. 52.2020 Identification of plan.
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(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
2016, were approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Entries in paragraphs (c) and (d) of this section with the EPA
approval dates after July 1, 2016 for the Commonwealth of Pennsylvania,
have been approved by EPA for inclusion in the state implementation
plan and for incorporation by reference into the plan as it is
contained in this section, and will be considered by the Director of
the Federal Register for approval in the next update to the SIP
compilation.
(2)(i) EPA Region III certifies that the following materials
provided by EPA at the addresses in paragraph (b)(3) of this section
are an exact duplicate of the officially promulgated Commonwealth
rules/regulations which have been approved as part of the state
implementation plan as of the dates referenced in paragraph (b)(1) of
this section:
(A) Materials in Notebook ``40 CFR 52.2020(c)(1)-1. PA Department
of Environmental Protection (PA DEP); 2. PA Department of
Transportation (PA DOT).''
(B) Materials in Notebook ``1. 40 CFR 52.2020(c)(2)--Allegheny
County Health Department (ACHD); 2. 40 CFR 52.2020(c)(3)--Philadelphia
Air Management Services (AMS).''
(ii) EPA Region III certifies that the following materials provided
by EPA at the addresses in paragraph (b)(3) of this section are an
exact duplicate of the officially promulgated Commonwealth source-
specific requirements which have been approved as part of the state
implementation plan as of the dates referenced in paragraph(b)(1) of
this section. No additional revisions were made between April 1, 2013
and July 1, 2016:
(A) [Reserved]
(B) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 1, Part 1.''
(C) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 1, Part 2.''
(D) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 2, Part 1.''
(E) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 2, Part 2.''
(F) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 3.''
(G) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 4.''
(H) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 5.''
(I) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific
Requirements--Volume 6.''
(J) Materials in Notebook ``40 CFR 52.2020(d)(2)-(d)(4)--Source-
specific Requirements.''
(3) Copies of the materials incorporated by reference into the
state implementation plan may be inspected at the Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. To obtain the material, please call the Regional
Office at (215) 814-3376. You may also inspect the material with an EPA
approval date prior to July 1, 2016 for the Commonwealth of
Pennsylvania at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) * * *
(1) * * *
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Additional
State citation Title/subject State EPA approval date explanation/ Sec.
effective date 52.2063 citation
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Title 25--Environmental Protection Article III--Air Resources
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Chapter 123--Standards for Contaminants
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Sulfur Compound Emissions
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Section 123.21................... General............ 3/20/72 5/31/72, 37 FR (c)(1).
10842.
Section 123.22(a)................ Combustion units. 02/09/13 07/10/14, 79 FR Amended sections
[General 39333. 123.22(a)
provisions--air 123.22(b),
basins and non-air 123.22(c),
basins]. 123.22(d), and
123.22(e).
123.22(b)........................ Combustion units-- 08/01/79 08/08/79, 44 FR (c)(20); correction
Erie Air Basin. 46465. published 1/23/80
(45 FR 5303).
123.22(b)........................ Combustion units-- 02/09/13 07/10/14, 79 FR Amended sections
Erie Air Basin. 39333. 123.22(a)
123.22(b),
123.22(c),
123.22(d), and
123.22(e).
123.22(c)........................ Combustion units-- 08/21/82 07/05/83, 48 FR (c)(53).
Upper Beaver 30630.
Valley Air Basin.
123.22(c)........................ Combustion units-- 02/09/13 07/10/14, 79 FR Amended sections
Upper Beaver 39333. 123.22(a)
Valley Air Basin. 123.22(b),
123.22(c),
123.22(d), and
123.22(e).
123.22(d)........................ Combustion units-- 01/01/81 12/16/81, 46 FR (c)(40).
Lower Beaver 61267.
Valley Air Basin.
123.22(d)........................ Combustion units-- 02/09/13 07/10/14, 79 FR Amended sections
Lower Beaver 39333. 123.22(a)
Valley Air Basin. 123.22(b),
123.22(c),
123.22(d), and
123.22(e).
[[Page 24859]]
123.22(e)........................ Combustion units-- 10/01/78 06/04/79, 44 FR (c)(18).
Southeast PA Air 31980.
Basin.
123.22(e)........................ Combustion units-- 02/09/13 07/10/14, 79 FR Amended sections
Southeast PA Air 39333. 123.22(a)
Basin. 123.22(b),
123.22(c),
123.22(d), and
123.22(e).
Section 123.22(f)................ Combustion units-- 02/09/13 07/10/14........... New section.
Sampling and
testing.
Section 123.22(g)................ Combustion units-- 02/09/13 07/10/14, 79 FR New section.
Recordkeeping and 39333.
reporting.
Figure 4 [Graph]................. Sulfur Oxides-- 3/20/72 5/31/72, 37 FR (c)(1).
Combustion Units. 10842.
Section 123.24................... Primary zinc 8/11/75 4/30/76, 41 FR (c)(14).
smelters. 18077.
Section 123.25................... Monitoring 10/27/90 6/30/93, 58 FR (c)(81).
requirements. 34911.
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[FR Doc. 2017-10919 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P
