Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County Reasonably Available Control Technology for the 2008 Ozone National Ambient Air Quality Standard, 18736-18737 [2019-08853]
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Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Rules and Regulations
10.5 Forms of Unacceptable
Identification
As specified under 608.10.0, forms of
acceptable identification provide proof
of identity and validation of an address.
Social Security cards, birth certificates,
credit cards or other similar items are
unacceptable as primary or secondary
forms of identification.
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
FOR FURTHER INFORMATION CONTACT:
Brittany M. Johnson,
Attorney, Federal Compliance.
Megan Goold, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2027. Ms. Goold can also be
reached via electronic mail at
goold.megan@epa.gov.
[FR Doc. 2019–08991 Filed 5–1–19; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
SUPPLEMENTARY INFORMATION:
[EPA–R03–OAR–2018–0764; FRL–9993–02–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County
Reasonably Available Control
Technology for the 2008 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) on behalf of the Allegheny
County Health Department (ACHD) for
the purpose of satisfying the volatile
organic compound (VOC) reasonably
available control technology (RACT)
requirements for source categories
covered by control technique guidelines
(CTGs) under the 2008 8-hour ozone
national ambient air quality standard
(NAAQS). EPA is approving these
revisions addressing the VOC CTG
RACT requirements set forth by the
CAA for the 2008 8-hour ozone NAAQS
for Allegheny County in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on
June 3, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0764. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
khammond on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:05 May 01, 2019
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
Jkt 247001
I. Background
On February 13, 2019 (84 FR 3742),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of a SIP
revision addressing the VOC CTG RACT
requirements set forth by the CAA for
the 2008 8-hour ozone NAAQS for
Allegheny County (the 2018 VOC CTG
RACT Submission for Allegheny
County). The formal SIP revision was
submitted by Pennsylvania on behalf of
Allegheny County on July 24, 2018.
II. Summary of SIP Revision and EPA
Analysis
On July 24, 2018, PADEP submitted a
SIP revision for Allegheny County to
address the VOC CTG RACT
requirements set forth by the CAA for
the 2008 8-hour ozone NAAQS.
Specifically, the 2018 VOC CTG RACT
Submission for Allegheny County
includes: (1) A certification that for
certain categories of sources, previouslyadopted VOC RACT controls in the
Allegheny County portion of
Pennsylvania’s SIP that were approved
by EPA under the 1979 1-hour and 1997
8-hour ozone NAAQS continue to be
based on the currently available
technically and economically feasible
controls, and continue to represent
RACT for implementation of the 2008 8hour ozone NAAQS; and (2) a negative
declaration that certain CTG sources of
VOC do not exist in Allegheny County,
PA. This SIP revision does not cover
non-CTG sources in Allegheny County.
PADEP will address RACT for major
sources of NOX and for major non-CTG
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
VOC sources for Allegheny County in
another SIP submission.
Allegheny County’s Regulations and
Statutes, under Allegheny County
Article XXI 2105.10, 2105.11, 2105.12,
2105.13, 2105.15, 2105.16, 2105.19,
2105.70, 2105.71, 2105.72., 2105.74,
2105.76, 2105.77, 2105.78, 2105.79,
2105.80, 2105.81, 2105.82, 2105.83,
2015.84, 2105.85, and 2105.86 contain
the VOC CTG RACT controls that were
implemented and approved into
Pennsylvania’s SIP under the 1-hour
and 1997 8-hour ozone NAAQS. PADEP
is certifying that these regulations, all
previously approved by EPA into the
SIP, continue to meet the RACT
requirements for the 2008 8-hour ozone
NAAQS for CTG-covered sources of
VOCs in Allegheny County, PA. PADEP
also submitted a negative declaration for
the CTGs that have not been adopted
because Allegheny County does not
contain the affected source categories.
More detailed information on these
provisions as well as a detailed
summary of EPA’s review can be found
in the Technical Support Document
(TSD) for this action which is available
on line at https://www.regulations.gov,
Docket number EPA–R03–OAR–2018–
0764.
An explanation of the Clean Air Act
requirements, a detailed analysis of the
revisions, and EPA’s reasons for
proposing approval were provided in
the NPRM and will not be restated here.
No public comments were received on
the NPRM.
III. Final Action
EPA is approving Pennsylvania’s 2018
VOC CTG RACT Submission for
Allegheny County on the basis that it
demonstrates that existing regulations in
the Allegheny County portion of
Pennsylvania’s SIP represent RACT for
the purposes of compliance with the
2008 8-hour ozone standard for all
stationary sources of VOCs covered by
a CTG issued prior to July 20, 2014.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
E:\FR\FM\02MYR1.SGM
02MYR1
Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Rules and Regulations
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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
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 action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 1, 2019. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
Name of non-regulatory SIP revision
Applicable
geographic area
State
submittal
date
*
*
2008 8-hour Ozone National Ambient
Air Quality Standard Reasonably
Available Control Technology Standard.
*
Allegheny County .....
*
07/24/18
*
khammond on DSKBBV9HB2PROD with RULES
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.
*
*
*
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action approving the
2018 VOC CTG RACT Submission for
Allegheny County may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: April 18, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding the entry
‘‘2008 8-hour Ozone National Ambient
Air Quality Standard Reasonably
Available Control Technology
Standard’’ at the end of the table to read
as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
5/2/2019, [insert
Federal Register
citation].
*
*
This action pertains to sources covered
by CTGs issued prior to July 20,
2014.
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Fmt 4700
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*
Additional explanation
*
16:05 May 01, 2019
*
EPA approval date
[FR Doc. 2019–08853 Filed 5–1–19; 8:45 am]
VerDate Sep<11>2014
18737
E:\FR\FM\02MYR1.SGM
02MYR1
]]>Agencies
[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Rules and Regulations]
[Pages 18736-18737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08853]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0764; FRL-9993-02-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Reasonably Available Control Technology
for the 2008 Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Pennsylvania
Department of Environmental Protection (PADEP) on behalf of the
Allegheny County Health Department (ACHD) for the purpose of satisfying
the volatile organic compound (VOC) reasonably available control
technology (RACT) requirements for source categories covered by control
technique guidelines (CTGs) under the 2008 8-hour ozone national
ambient air quality standard (NAAQS). EPA is approving these revisions
addressing the VOC CTG RACT requirements set forth by the CAA for the
2008 8-hour ozone NAAQS for Allegheny County in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on June 3, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0764. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Megan Goold, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-2027. Ms. Goold can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 13, 2019 (84 FR 3742), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of a SIP revision addressing the VOC CTG
RACT requirements set forth by the CAA for the 2008 8-hour ozone NAAQS
for Allegheny County (the 2018 VOC CTG RACT Submission for Allegheny
County). The formal SIP revision was submitted by Pennsylvania on
behalf of Allegheny County on July 24, 2018.
II. Summary of SIP Revision and EPA Analysis
On July 24, 2018, PADEP submitted a SIP revision for Allegheny
County to address the VOC CTG RACT requirements set forth by the CAA
for the 2008 8-hour ozone NAAQS. Specifically, the 2018 VOC CTG RACT
Submission for Allegheny County includes: (1) A certification that for
certain categories of sources, previously-adopted VOC RACT controls in
the Allegheny County portion of Pennsylvania's SIP that were approved
by EPA under the 1979 1-hour and 1997 8-hour ozone NAAQS continue to be
based on the currently available technically and economically feasible
controls, and continue to represent RACT for implementation of the 2008
8-hour ozone NAAQS; and (2) a negative declaration that certain CTG
sources of VOC do not exist in Allegheny County, PA. This SIP revision
does not cover non-CTG sources in Allegheny County. PADEP will address
RACT for major sources of NOX and for major non-CTG VOC
sources for Allegheny County in another SIP submission.
Allegheny County's Regulations and Statutes, under Allegheny County
Article XXI 2105.10, 2105.11, 2105.12, 2105.13, 2105.15, 2105.16,
2105.19, 2105.70, 2105.71, 2105.72., 2105.74, 2105.76, 2105.77,
2105.78, 2105.79, 2105.80, 2105.81, 2105.82, 2105.83, 2015.84, 2105.85,
and 2105.86 contain the VOC CTG RACT controls that were implemented and
approved into Pennsylvania's SIP under the 1-hour and 1997 8-hour ozone
NAAQS. PADEP is certifying that these regulations, all previously
approved by EPA into the SIP, continue to meet the RACT requirements
for the 2008 8-hour ozone NAAQS for CTG-covered sources of VOCs in
Allegheny County, PA. PADEP also submitted a negative declaration for
the CTGs that have not been adopted because Allegheny County does not
contain the affected source categories. More detailed information on
these provisions as well as a detailed summary of EPA's review can be
found in the Technical Support Document (TSD) for this action which is
available on line at https://www.regulations.gov, Docket number EPA-
R03-OAR-2018-0764.
An explanation of the Clean Air Act requirements, a detailed
analysis of the revisions, and EPA's reasons for proposing approval
were provided in the NPRM and will not be restated here. No public
comments were received on the NPRM.
III. Final Action
EPA is approving Pennsylvania's 2018 VOC CTG RACT Submission for
Allegheny County on the basis that it demonstrates that existing
regulations in the Allegheny County portion of Pennsylvania's SIP
represent RACT for the purposes of compliance with the 2008 8-hour
ozone standard for all stationary sources of VOCs covered by a CTG
issued prior to July 20, 2014.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond
[[Page 18737]]
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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 1, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving the 2018 VOC CTG RACT Submission for
Allegheny County may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 18, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
the entry ``2008 8-hour Ozone National Ambient Air Quality Standard
Reasonably Available Control Technology Standard'' at the end of the
table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP State submittal EPA approval Additional
revision Applicable geographic area date date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 8-hour Ozone National Allegheny County........... 07/24/18 5/2/2019, This action
Ambient Air Quality Standard [insert Federal pertains to
Reasonably Available Control Register sources covered
Technology Standard. citation]. by CTGs issued
prior to July
20, 2014.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-08853 Filed 5-1-19; 8:45 am]
BILLING CODE 6560-50-P
