[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Rules and Regulations]
[Pages 34000-34002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14227]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0881; FRL-9308-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revisions to Requirements for Major Sources Locating in 
or Impacting a Nonattainment Area in Allegheny County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Pennsylvania State Implementation Plan (SIP) which was submitted on 
November 16, 2006 by the Pennsylvania Department of Environmental 
Protection (PADEP). This change to Allegheny County's Air Pollution 
Control Rules and Regulations amends the existing requirements for 
sources locating in or impacting a nonattainment area in Allegheny 
County by incorporating Federal modeling requirements. EPA is approving 
these revisions to the Pennsylvania SIP in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on August 9, 2011 without further notice, 
unless EPA receives adverse written comment by July 11, 2011. 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: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0881 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2009-0881, Kathleen Cox, Associate Director, 
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0881. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105; and the Allegheny 
County Health Department, Bureau of Environmental Quality, Division of 
Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Paul T. Wentworth, P.E. (215) 814-
2183, or by e-mail at: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Throughout this rulemaking action, whenever ``we,'' ``us,'' or 
``our'' is used, we are referring to EPA. On November 16, 2006, PADEP 
submitted a revision to the Pennsylvania SIP. This change to Allegheny 
County's Air Pollution Control Rules and Regulations amends the 
existing requirements for sources locating in or impacting a 
nonattainment area by incorporating Federal modeling requirements.

II. Summary of the SIP Revision

    EPA is approving a formal revision to the Pennsylvania SIP 
submitted by the State on November 16, 2006 by the PADEP. This SIP 
revision adds a new paragraph (2102.06.g.) to Allegheny

[[Page 34001]]

County's Article XXI Air Pollution Control Rules and Regulations and 
amends the existing requirements for sources locating in or impacting 
nonattainment areas by incorporating the modeling requirements from 40 
CFR part 51, subpart I, entitled ``Review of New Sources and 
Modifications.'' These requirements specify that where air quality 
models are used to meet the provisions of this section, modeling must 
be based on the applicable models and other requirements specified in 
40 CFR part 51, appendix W, entitled ``Federal Guideline on Air Quality 
Models'' (Guideline). Additionally, these requirements explicitly state 
where an air quality model specified in the Guideline is inappropriate, 
the model may be modified or another model substituted but only on a 
case-by-case basis or, where appropriate, on a generic basis for a 
specific State program. Modifying or substituting a model requires 
written approval of the EPA Administrator. In addition, the use of a 
modified or substituted model is subject to public comment under 
procedures set forth in Federal regulation 40 CFR 51.102.

III. Final Action

    EPA is approving a revision to the Pennsylvania SIP as submitted on 
November 16, 2006. This revision adds the modeling requirements in 40 
CFR part 51, subpart I as a new paragraph 2102.06.g., entitled 
``Requirements of Modeling'', to Allegheny County's Article XXI, 
section 2102.06, ``Major Sources Locating in or Impacting a 
Nonattainment Area.'' EPA is publishing this rule without prior 
proposal because EPA views this as a non-controversial amendment and 
anticipates no adverse comment. This revision to Allegheny County's 
regulation 2102.06, addresses the requirements in Federal regulation 40 
CFR part 51 subpart I. 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 9, 2011 
without further notice unless EPA receives adverse comment by July 11, 
2011. 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.

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 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 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 August 9, 2011. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking.
    This action which modifies the Pennsylvania SIP by adding the 
Federal modeling requirements of 40 CFR part 51, subpart I 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.


[[Page 34002]]


    Dated: May 6, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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 (c)(2) is amended by 
amending the entry for section 2102.06 to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

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                                                                                                 Additional
    Article XX or XXI            Title/subject             State        EPA approval date     explanation/Sec.
         citation                                     effective date                          52.2063 citation
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                                            Part B Permits Generally
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                                                  * * * * * * *
2102.06..................  Major Sources Locating in         7/10/05  6/10/11 [Insert page  Addition of new
                            or Impacting a                             number where the      paragraph
                            Nonattainment Area.                        document begins].     2102.06.g.
 
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[FR Doc. 2011-14227 Filed 6-9-11; 8:45 am]
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