[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Pages 41276-41278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16943]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0924; FRL-9698-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Nonattainment New Source Review; Fine Particulate Matter 
(PM2.5)

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. These revisions 
pertaining to Pennsylvania's nonattainment New Source Review (NSR) 
program incorporate preconstruction permitting regulations for fine 
particulate matter (PM2.5) into the Pennsylvania SIP. EPA is 
approving these revisions in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This final rule is effective on August 13, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
EPA-R03-OAR-2011-0924. All documents in the docket are listed in the 
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 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 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 84268, 400 Market Street, 
Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Gerallyn Duke, (215) 814-2084, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On March 29, 2012 (77 FR 18987), EPA published a 
notice of proposed rulemaking (NPR) for the Commonwealth of 
Pennsylvania. The NPR proposed approval of a SIP revision pertaining to 
Pennsylvania's nonattainment New Source Review (NSR) program which 
incorporates preconstruction permitting regulations for fine 
particulate matter (PM2.5) into the Pennsylvania SIP. The 
formal SIP revision was submitted by Pennsylvania on September 23, 
2011.
    The purpose of this SIP is to incorporate the nonattainment 
preconstruction permitting requirements for PM2.5 that are 
set forth in the federal rules, ``Implementation of the New Source 
Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers 
(PM2.5)'' (NSR PM2.5 Rule), which was published 
on May 16, 2008 (73 FR 28321).

II. Summary of SIP Revision

    The SIP revision submitted by Pennsylvania consists of amendments 
to the general provisions of 25 Pa. Code Chapter 121 and major 
nonattainment NSR permitting regulations of 25 Pa. Code Chapter 127. 
The amendments establish the major source thresholds, significant 
emission rates and offset ratios for PM2.5 and its 
precursors. They also establish nitrogen oxides (NOX) and 
sulfur dioxide (SO2) as precursors to PM2.5, and 
establish procedures for interpollutant trading for offsets, pursuant 
to the NSR PM2.5 Rule. Clarifying amendments for Chapter 127 
and minor editorial changes also are made. The amendments submitted by 
Pennsylvania for approval into the SIP became effective on September 3, 
2011.
    Other specific requirements of the regulations and the rationale 
for EPA's proposed action are explained in the NPR and will not be 
restated here. One public comment was received on the NPR. The comment 
did not directly relate to the SIP revision so no response to the 
comment is necessary.

III. Final Action

    EPA is approving the September 23, 2011 SIP revision to incorporate 
federal preconstruction permitting requirements for PM2.5 
and its precursors in nonattainment areas along with clarifying 
amendments, at 25 Pa. Code Section 121.1 and 25 Pa. Code Chapter 127, 
subchapter E, 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

[[Page 41277]]

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 11, 2012. 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 NSR requirements for PM2.5 
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, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 26, 2012.
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 
revising the existing entries for Title 25, Sections 121.1, 127.201, 
127.201a, 127.202, 127.203, 127.203a, 127.204, 127.206, and 127.210.
    The amendments read as follows:


Sec.  52.2020  Identification of plan.

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

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                                                      State                             Additional explanation/
      State citation           Title/subject     effective date    EPA approval date    Sec.   52.2063 citation
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                                       Title 25--Environmental Protection
                                           Article III--Air Resources
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                                         Chapter 121--General Provisions
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Section 121.1............  Definitions.........          9/3/11  7/13/12 [Insert page  Added definition of
                                                                  number where the      PM2.5, modified
                                                                  document begins].     definitions of
                                                                                        ``regulated NSR
                                                                                        pollutant'' and
                                                                                        ``significant,'' and
                                                                                        removed existing term,
                                                                                        ``maximum allowable
                                                                                        emissions.''
 
                                                  * * * * * * *
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                 Chapter 127--Construction, Modification, Reactivation and Operation of Sources
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                                                  * * * * * * *
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                                         Subchapter E--New Source Review
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Section 127.201..........  General requirements          9/3/11  7/13/12 [Insert page  Revised.
                                                                  number where the
                                                                  document begins].
Section 127.201a.........  Measurements,                 9/3/11  7/13/12 [Insert page  Revised.
                            abbreviations and                     number where the
                            acronyms.                             document begins].
Section 127.202..........  Effective date......          9/3/11  7/13/12 [Insert page  Revised.
                                                                  number where the
                                                                  document begins].
Section 127.203..........  Facilities subject            9/3/11  7/13/12 [Insert page  Revised.
                            to special permit                     number where the
                            requirements.                         document begins].
Section 127.203a.........  Applicability                 9/3/11  7/13/12 [Insert page  Revised.
                            determination.                        number where the
                                                                  document begins].

[[Page 41278]]

 
Section 127.204..........  Emissions subject to          9/3/11  7/13/12 [Insert page  Revised.
                            this Subchapter.                      number where the
                                                                  document begins].
 
                                                  * * * * * * *
Section 127.206..........  ERC general                   9/3/11  7/13/12 [Insert page  Revised.
                            requirements.                         number where the
                                                                  document begins].
 
                                                  * * * * * * *
Section 127.210..........  Offset ratios.......          9/3/11  7/13/12 [Insert page  Revised.
                                                                  number where the
                                                                  document begins].
 
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[FR Doc. 2012-16943 Filed 7-12-12; 8:45 am]
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