[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Rules and Regulations]
[Pages 71117-71119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28831]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0785; FRL-9755-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Allegheny County Incorporation by Reference of 
Pennsylvania's Control of NOX Emissions From Glass Melting 
Furnaces

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) submitted by the 
Pennsylvania Department of Environmental Protection (PADEP). The SIP 
revision adds a regulation to control nitrogen oxides (NOX) 
emissions from glass melting furnaces to the Allegheny County Health 
Department (ACHD) Rules and Regulations. The ACHD regulation 
incorporates by reference the Pennsylvania regulations and related 
definitions for controlling NOX emissions from glass melting 
furnaces. The SIP revision is a regulation that will reduce emissions 
of NOX from glass melting furnaces. EPA is approving this 
SIP revision in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This rule is effective on January 28, 2013 without further 
notice, unless EPA receives adverse written comment by December 31, 
2012. 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-2012-0785 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2012-0785, Donna Mastro, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2012-0785. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at 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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 
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 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 Allegheny County Health Department, Bureau of 
Environmental Quality, Division of Air Quality, 301 39th Street, 
Pittsburgh, Pennsylvania 15201.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On June 25, 2012, PADEP submitted to EPA a revision to the 
Allegheny

[[Page 71118]]

County portion of the Pennsylvania SIP. The SIP revision seeks to add 
Section 2105.101 (Control of NOX Emissions from Glass 
Melting Furnaces) to ACHD's Rules and Regulations, Article XXI, Air 
Pollution Control to incorporate by reference 25 Pa. Code Sections 
129.301 through 129.310 (Control of NOX Emissions from Glass 
Melting Furnaces) and related definitions at 25 Pa. Code Section 121.1 
of PADEP's Air Pollution Control Act. This regulation controls 
NOX emissions from glass melting furnaces. The reduction of 
NOX emissions also reduces visibility impairment and acid 
deposition.
    On August 22, 2011 (76 FR 52283), EPA approved into the 
Pennsylvania SIP 25 Pa. Code Chapter 129, Sections 129.301 through 
129.310 that included NOX content limits from glass melting 
furnaces and approved related amended definitions at 25 Pa. Code 
Section 121.1. ACHD is incorporating by reference the same provisions 
in 25 Pa. Code Sections 121.1 and 129.301 through 129.310 in order to 
regulate NOX emissions from glass melting furnaces in 
Allegheny County. Further details of Pennsylvania's regulation for the 
control of NOX emissions from glass melting furnaces can be 
found in Docket ID No. EPA-R03-OAR-2011-0286 at www.regulations.gov.

II. Summary of SIP Revision

    The Pennsylvania SIP revision adds Section 2105.101 to ACHD Rules 
and Regulations, Article XXI, Air Pollution Control to incorporate by 
reference Pennsylvania's control of NOX from glass melting 
furnaces promulgated under the Air Pollution Control Act at 25 Pa. Code 
Sections 129.301 through 129.310 and related definitions at 25 Pa. Code 
Section 121.1. The incorporation by reference provides that Section 
2105.101 shall be applied consistent with the provisions of 
Pennsylvania's control of NOX emissions from glass melting 
furnaces. Any additions, revisions, or deletions to the glass melting 
furnaces regulation by Pennsylvania shall be incorporated into Section 
2105.101 and are effective on the date established by Pennsylvania 
regulation. By incorporating this regulation, ACHD removes any 
uncertainty regarding enforceability of NOX limits on glass 
melting furnaces in Allegheny County by ACHD. Included in the Air 
Pollution Control Act at 25 Pa. Code Sections 129.301 through 129.310 
are explicit references to the authority of local air agencies 
including Allegheny County to regulate NOX levels from glass 
melting furnaces. By incorporating this regulation, an additional copy 
verifying ACHD's authority will be found in Article XXI.

III. Final Action

    EPA is approving the Pennsylvania SIP revision that incorporates by 
reference Pennsylvania's control of NOX emissions from glass 
melting furnaces into ACHD Rules and Regulations, Article XXI, Air 
Pollution Control. EPA's review of the SIP revision submitted by PADEP 
on June 25, 2012 indicates it will strengthen the SIP requirements, 
result in reductions of NOX emissions, and meet all 
applicable Federal regulations and the CAA. 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 January 28, 2013 without further notice unless EPA 
receives adverse comment by December 31, 2012. 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

[[Page 71119]]

Court of Appeals for the appropriate circuit by January 28, 2013. 
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 
incorporation by reference of Pennsylvania's control of NOX 
emissions from glass melting furnaces into ACHD Rules and Regulations, 
Article XXI, Air Pollution Control 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, Reporting and recordkeeping 
requirements.

    Dated: November 7, 2012.
W.C. Early,
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 (c)(2) is amended by adding 
a heading for Subpart 10 and an entry for Section 2105.101 after the 
entry for Section 2105.90 to read as follows:


Sec.  52.2020  Identification of plan.

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

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                                                            State                                Additional
    Article XX or XXI citation         Title/subject      effective     EPA approval date     explanation/ Sec.
                                                             date                             52.2063 citation
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                                 Part E--Source Emission and Operating Standards
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                                             Subpart 10--NOX Sources
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Section 2105.101.................  Control of NOX             4/3/12  11/29/12 [Insert      New subpart and
                                    Emissions from                     page number where     section are added.
                                    Glass Melting                      the document
                                    Furnaces.                          begins].
 
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[FR Doc. 2012-28831 Filed 11-28-12; 8:45 am]
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