[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42558-42560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17869]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0287; FRL-9439-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Control of Nitrogen Oxides Emissions from Portland Cement 
Kilns

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. The SIP revisions 
pertain to the control of nitrogen oxides (NOX) emissions 
from Portland cement kilns. EPA is approving these revisions to reduce 
emissions from Portland cement kilns in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: Effective Date:
    This final rule is effective on August 18, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0287. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
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 either electronically through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650

[[Page 42559]]

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.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 20, 2011 (76 FR 29180), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed 
approval to the control of NOX emissions from Portland 
cement kilns. The formal SIP revision was submitted by the Pennsylvania 
Department of the Environmental Protection (PADEP) on July 23, 2010.

II. Summary of SIP Revision

    The SIP revision adds definitions and terms to Title 25 of the 
Pennsylvania Code (25 Pa. Code) Chapter 121.1, relating to definitions, 
used in the substantive provision of this SIP revision. In addition, 
the SIP revision amends the NOX emission standards in the 25 
Pa. Code Chapter 145, Subchapter C (Emissions of NOX from 
Cement Manufacturing), for Portland cement kilns during the ozone 
season, from May 1 through September 30, 2011, and for each year 
thereafter. The amendments to the SIP revision are the following: 
Standard requirements which include emission requirements; compliance 
determination by operating and maintaining continuous emissions 
monitoring systems (CEMS) for NOX emissions; compliance 
demonstration on a kiln-by-kiln basis, a facility-wide emissions 
averaging basis or a system-wide averaging basis; and reporting and 
recordkeeping requirements by reporting CEMS emissions data and 
maintaining an operating log for each Portland cement kiln on a monthly 
basis that is maintained onsite for 5 years.
    Other specific requirements of the control of NOX 
emissions from Portland cement kilns and the rationale for EPA's 
proposed action are explained in the NPR and will not be restated here. 
No public comments were received on the NPR.

III. Final Action

    EPA is approving 25 Pa. Code Chapter 121.1, relating to 
definitions, used in the substantive provision of this SIP revision, 
and amendments to 25 Pa. Code Chapter 145, Subchapter C (Emissions of 
NOX from Cement Manufacturing), for the control of 
NOX emissions from Portland cement kilns as a revision to 
the Pennsylvania SIP.

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 September 19, 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. This action, pertaining to Pennsylvania's control of 
NOX emissions from Portland cement kilns 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: June 27, 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)(1) is amended by:

[[Page 42560]]

0
a. Revising entries for Sections 145.142 and 145.143.
0
b. Adding entries for Sections 145.144, 145.145 and 145.146.
    The amendments read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

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                                                          State                                  Additional
        State citation              Title/subject       effective     EPA approval date       explanation/Sec.
                                                           date                               52.2063 citation
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                                       Title 25--Environmental Protection
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                                           Article III--Air Resources
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                              Chapter 145--Interstate Pollution Transport Reduction
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                            Subchapter C--Emissions of NOX From Cement Manufacturing
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                                                  * * * * * * *
Section 145.142...............  Definitions..........      6/19/10  7/19/11, [Insert page  Added new definitions
                                                                     number where the       and terms.
                                                                     document begins].
Section 145.143...............  Standard requirements      6/19/10  7/19/11, [Insert page  Added compliance
                                                                     number where the       dates and allowable
                                                                     document begins].      emissions of NOX.
Section 145.144...............  Compliance                 6/19/10  7/19/11, [Insert page  New section.
                                 determination.                      number where the
                                                                     document begins].
Section 145.145...............  Compliance                 6/19/10  7/19/11, [Insert page  New section.
                                 demonstration and                   number where the
                                 reporting                           document begins].
                                 requirements.
Section 145.146...............  Recordkeeping........      6/19/10  7/19/11, [Insert page  New section.
                                                                     number where the
                                                                     document begins].
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[FR Doc. 2011-17869 Filed 7-18-11; 8:45 am]
BILLING CODE 6560-50-P