Air Plan Approval; Pennsylvania; Update to Materials Incorporated by Reference, 24856-24859 [2017-10919]

Download as PDF 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: http:// 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: asabaliauskas on DSKBBXCHB2PROD with RULES 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 VerDate Sep<11>2014 17:08 May 30, 2017 Jkt 241001 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, PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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). E:\FR\FM\31MYR1.SGM 31MYR1 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. asabaliauskas on DSKBBXCHB2PROD with RULES 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). VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 24857 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 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 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: E:\FR\FM\31MYR1.SGM 31MYR1 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: http:// 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 * * * * * * * * * Chapter 123—Standards for Contaminants * * * * * Sulfur Compound Emissions Section 123.21 ........................ Section 123.22(a) ................... 123.22(b) ................................. asabaliauskas on DSKBBXCHB2PROD with RULES 123.22(b) ................................. 123.22(c) ................................. 123.22(c) ................................. 123.22(d) ................................. 123.22(d) ................................. VerDate Sep<11>2014 16:13 May 30, 2017 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. Jkt 241001 PO 00000 Frm 00034 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 Sfmt 4700 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 ........................ * * * * * * 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 asabaliauskas on DSKBBXCHB2PROD with RULES SUMMARY: 16:13 May 30, 2017 Jkt 241001 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 PO 00000 Frm 00035 Additional explanation/ § 52.2063 citation EPA approval date Fmt 4700 Sfmt 4700 * * 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. E:\FR\FM\31MYR1.SGM 31MYR1

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: http://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).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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]]

0
 a. Revising paragraph (b); and
0
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.

* * * * *
    (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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
          State citation              Title/subject          State       EPA approval date    explanation/ Sec.
                                                        effective date                         52.2063 citation
----------------------------------------------------------------------------------------------------------------
                          Title 25--Environmental Protection Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Chapter 123--Standards for Contaminants
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Sulfur Compound Emissions
----------------------------------------------------------------------------------------------------------------
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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-10919 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P