[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Rules and Regulations]
[Pages 39854-39856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14478]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA159-4189a; FRL-7211-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revisions to the Air Resource Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve revisions to the 
Pennsylvania State Implementation Plan (SIP) submitted by the 
Pennsylvania Department of Environmental Protection (PADEP). The 
revisions are changes to Pennsylvania's air resource regulations. The 
changes will make Pennsylvania's regulations consistent with Federal 
requirements, delete obsolete and unnecessary provisions, and apply 
Pennsylvania's monitoring requirements in a consistent fashion for all 
affected sources. EPA is approving these revisions in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on August 12, 2002, without further 
notice, unless EPA receives adverse written comment by July 11, 2002. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Air Quality Planning & Information Services Branch, Air Protection 
Division, Mailcode 3AP21, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
documents relevant to this action are available for public inspection 
during normal business hours at the Air Protection Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103; the Air and Radiation Docket and 
Information Center, U.S. Environmental Protection Agency, 401 M Street, 
SW, Washington, DC 20460; and Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street, 
Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto at (215) 814-2182, the EPA 
Region III address above or by e-mail at [email protected]. Please 
note that while questions may be posed via telephone and e-mail, formal 
comments must be submitted in writing, as indicated in the ADDRESSES 
section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 6, 2000, PADEP submitted a formal revision to the 
Pennsylvania State Implementation Plan (SIP). The SIP revision consists 
of changes to Pennsylvania's air resource regulations.

II. Summary of SIP Revision

    The changes to Chapter 121, section 121.1, relating to definitions, 
modifies the definitions of coke oven battery, coke oven gas collector 
main, and door area. In each case, the changes make the definitions 
consistent with Federal definitions of these terms promulgated under 
the CAA. The amendments to Chapter 123, section 123.44, relating to the 
standards for contaminants of visible emissions, make the regulation 
consistent with the maximum achievable control technology (MACT) for 
coke ovens promulgated by EPA under the CAA.
    The amendments to Chapter 137, section 137.4, relating to air 
pollution episodes, change the provisions for standby plans to address 
air pollution episodes. Specifically, subsection (b) is revised by 
classifying each county as an area requiring a standby plan based on 
monitored exceedances of any national ambient air quality standard 
(NAAQS). The existing regulation lists each pollutant along with its 
ambient concentration. The PADEP references NAAQS as a reference point 
for determining counties subject to the standby plan requirements. In 
addition, subsection (c) requires sources located in area requiring 
standby plans to submit such plans upon request. This provision will 
conform to section 137.4 to the existing requirements in section 
127.411(a)(8). Finally, subsection (f) clarifies that standby plan 
shall be provided by the individual responsible for the operation of 
the entire facility.

[[Page 39855]]

    Chapter 139 is being revised in five ways. First, section 139.12, 
relating to emissions of particulate matter, deletes a portion of the 
sampling requirement, which make the provisions for particulate matter 
testing and monitoring of coke oven emissions consistent with Federal 
requirements. Second, section 139.61, relating to monitoring 
requirements, is being deleted. This provision has been superceded by 
the promulgation of the coke oven MACT standard by EPA. This change 
will make the regulation consistent with the Federal requirements. 
Third, section 139.101, relating to general requirements, changes the 
requirements related to data availability for data captured by a 
continuous emission monitor (CEM). A general data availability 
requirement in section 139.101 was adopted in 1990, and CEMs covered in 
section 139.104, relating to sulfur dioxide and nitrogen oxides 
monitoring requirements for combustion sources, were grandfathered. 
With the deletion of section 139.104, the general data availability 
standard in section 139.101 applies. CEMs would be required to do the 
following minimum data availability requirements: (1) In each calendar 
month, at least 90 percent of the time periods for which an emission 
standard or an operational parameter applies shall be valid; or (2) in 
each calendar quarter, at least 95 percent of the hours during which 
the monitored source is operating shall be valid. Fourth, the 
requirements of section 139.104 have been deleted and monitoring 
requirements have been established under the general provisions of 
section 139.101. Finally, the changes to section 139.111, relating to 
waste incinerator monitoring requirements, establish consistent data 
availability requirements for all continuous emission monitoring 
provisions applicable to municipal waste incinerators to hospital waste 
incinerators. These incinerators, generally, are similar in nature and 
the monitoring requirements are applicable to both.

III. Final Action

    EPA is approving the revisions to the Commonwealth of 
Pennsylvania's air resource regulations submitted by PADEP on March 6, 
2000. The revisions amend Chapter 121, General Provisions, section 
121.1, Definitions; Chapter 123, section 123.44, Visible Emissions; 
Chapter 137, section 137.4, Standby Plans; Chapter 139, section 139.12, 
Emissions of Particulate Matter; and Chapter 139, section 139.111, 
Waste Incinerator Monitoring Requirements. EPA is publishing this rule 
without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comment. However, 
in the ``Proposed Rules'' section of today's Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on August 12, 2002, without further notice unless EPA 
receives adverse comment by July 11, 2002. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

IV. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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).

[[Page 39856]]

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 12, 2002. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action.
    This action approving the revisions to the Pennsylvania's air 
resource regulations 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements.

    Dated: May 8, 2002.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority 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 adding paragraph (c)(189) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (189) Revisions to the Commonwealth of Pennsylvania Regulations 
pertaining to the Pennsylvania's air resource regulations submitted on 
March 6, 2000 by the Pennsylvania Department of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of March 6, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting revisions to the Commonwealth's 
Regulations pertaining to the Pennsylvania's air resource regulations.
    (B) Revisions to 25 PA Code, Part I, Subpart C, Article III, 
effective December 27, 1997.
    (1) Revisions to Chapter 121, General Provisions, section 121.1, 
revised definitions for coke oven battery, coke oven gas collector 
main, and door area.
    (2) Revisions to Chapter 123, section 123.44, Visible Emissions--
Limitations of fugitive air contaminants from operation of any coke 
oven battery, paragraphs (a) and (a)(1).
    (3) Revisions to Chapter 137, section 137.4, Standby Plans, 
paragraphs (b), (c) and (f).
    (4) Revisions to Chapter 139, section 139.12, Emissions of 
Particulate Matter, paragraphs (1) and (5).
    (5) Revisions to Chapter 139, section 139.111, Waste Incinerator 
Monitoring Requirements, introductory paragraph, and paragraphs (1)(i), 
(2) and (3).
    (6) Deletion of Chapter 139, section 139.61.
    (7) Deletion of Chapter 139, section 139.104. In its place, the 
provisions of Chapter 139.101 will now apply.
    (C) Revisions to 25 PA Code, Part I, Subpart C, Article III, 
effective May 7, 1998.
    (1) Revisions to Chapter 139, section 139.12, Emissions of 
Particulate Matter, paragraph (2).
    (2) Revisions to Chapter 139, section 139.101, General 
Requirements, paragraph (12)(ii).
    (ii) Additional Material.--Remainder of the State submittal(s) 
pertaining to the revisions listed in paragraph (c)(189)(i) of this 
section.
[FR Doc. 02-14478 Filed 6-10-02; 8:45 am]
BILLING CODE 6560-50-P