[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13493-13495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04291]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0378; FRL-9783-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revision to Allegheny County Regulations for Prevention 
of Significant Deterioration

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. This revision pertains 
to the Air Pollution Control portion of the Allegheny County Health 
Department (ACHD) Rules and Regulations, relating to ACHD's Prevention 
of Significant Deterioration (PSD) program. Additionally, EPA is also 
approving this revision for the purpose of determining that ACHD has 
met its statutory obligations with respect to the infrastructure 
requirements of the Clean Air Act (CAA) which relate to ACHD's PSD 
permitting program and are necessary to implement, maintain, and 
enforce the 1997 ozone National Ambient Air Quality Standard (NAAQS) as 
well as the 1997 and 2006 NAAQS for particulate matter less than 2.5 
microns (PM2.5). EPA is approving these revisions that 
incorporate by reference the Federal PSD program in its entirety in 
accordance with the requirements of the CAA.

DATES: This final rule is effective on April 1, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0378. 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 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105; 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, (215) 814-2183, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 11, 2012 (77 FR 34300), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. The

[[Page 13494]]

NPR proposed approval of a SIP revision pertaining to the Air Pollution 
Control portion of the Allegheny County Health Department (ACHD) Rules 
and Regulations, relating to ACHD's PSD program. The formal SIP 
revision was submitted by Commonwealth of Pennsylvania on July 1, 2008.

II. Summary of SIP Revision

    The SIP revision submitted by Pennsylvania on behalf of ACHD 
consists of regulations pertaining to ACHD's Prevention of Significant 
Deterioration (PSD) program. These regulations incorporate by reference 
the federal PSD program at 40 CFR section 52.21. Any changes in the 
Federal program occurring after the date the ACHD regulations were 
promulgated are automatically incorporated into ACHD's regulations and 
into its SIP. By approving this SIP revision, EPA is formally approving 
ACHD's PSD program, which had previously been operating under a 
delegation agreement.
    Accordingly, the SIP revision incorporates the new PSD requirements 
for PM2.5 pursuant to the EPA's ``Prevention of Significant 
Deterioration (PSD) for Particulate Matter less than 2.5 Micrometers 
(PM2.5)--Increments, Significant Impact Levels (SILs) and 
Significant Monitoring Concentration (SMC)'' (PSD PM2.5 
Rule), which was promulgated on October 20, 2010 (75 FR 64864), 
including the provision at 40 CFR section 52.21(k)(2) adding the 
PM2.5 SILs and the provision at section 52.21(i)(5)(i)(c) 
adding the PM2.5 SMC. On January 22, 2013, the U.S. Court of 
Appeals for the District of Columbia Circuit (``the Court'') in Sierra 
Club v. EPA, No. 10-1413 (filed Dec. 17. 2010), issued a judgment that, 
inter alia, vacated and remanded the provisions at section 52.21(k)(2) 
and vacated the provisions at section 52.21(i)(5)(i)(c) that were 
promulgated as part of the October 20, 2010 PSD PM2.5 Rule. 
On this same date, the Court ordered that issuance of the mandate shall 
be withheld until seven days after any timely petition for rehearing or 
petition for rehearing en banc. See Fed. R. App. Proc. 40(a)(1); Fed. 
R. App. P. 41(b). Upon issuance of the mandate, the Court's decision 
will become final and the provisions of sections 52.21(k)(2) and 
(i)(5)(i)(c) will be vacated. At that time, ACHD's regulations and SIP 
will automatically update such that they no longer include that 
regulatory text, as the vacatur will render those provisions without 
legal effect. Although the Court's decision is not final until the 
mandate issues, EPA expects ACHD to act consistently with the Court's 
opinion in applying the Federal PSD regulations prior to formal 
issuance of the mandate. Thus, EPA is approving the SIP revision as 
submitted.
    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. No public comments were received on the NPR.

III. Final Action

    EPA is approving the July 1, 2008 SIP revision as a revision to the 
Commonwealth of Pennsylvania SIP. EPA is also approving this revision 
for the purpose of determining that ACHD has met its obligations 
pursuant to the PSD portions of CAA sections 110(a)(2)(C), (D)(i)(II), 
and (J) for the 1997 ozone and PM2.5 NAAQS and the 2006 
PM2.5 NAAQS.

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 April 29, 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, relating to ACHD's PSD program, 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,

[[Page 13495]]

Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: February 8, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
    Therefore, 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:
0
a. The table in paragraph (c)(2) is amended by adding an entry for 
section ``2102.07'' in numerical order.
0
b. The table in paragraph (e)(1) is amended by adding three new entries 
``Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour 
Ozone NAAQS'', ``Section 110(a)(2) Infrastructure Requirements for the 
1997 PM2.5 NAAQS'', and ``Section 110(a)(2) Infrastructure 
Requirements for the 2006 PM2.5 NAAQS'' at the end of the 
table.
    The revised and added text reads as follows:


Sec.  52.2020  Identification of plan

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

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                                                                State                                              Additional explanation/Sec.   52.2063
    Article XX or XXI citation          Title/subject      effective date             EPA approval date                           citation
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                                                                      * * * * * * *
                                                                Part B Permits Generally
 
                                                                      * * * * * * *
2102.07...........................  Prevention of                 3/31/98  2/28/13 [Insert page number where the   Added.
                                     Significant                            document begins].
                                     Deterioration.
 
                                                                      * * * * * * *
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* * * * *
    (e) * * *
    (1) * * *

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    Name of non-regulatory SIP      Applicable geographic       State
             revision                        area          submittal date             EPA approval date                    Additional explanation
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                                                                      * * * * * * *
Section 110(a)(2) Infrastructure    Allegheny County.....          7/1/08  2/28/13 [Insert page number where the   This action addresses the PSD related
 Requirements for the 1997 8-Hour                                           document begins].                       elements of the following CAA
 Ozone NAAQS.                                                                                                       requirements: 110(a)(2)(C),
                                                                                                                    (D)(i)(II), and (J)
Section 110(a)(2) Infrastructure    Allegheny County.....          7/1/08  2/28/13 [Insert page number where the   This action addresses the PSD related
 Requirements for the 1997 PM2.5                                            document begins].                       elements of the following CAA
 NAAQS.                                                                                                             requirements: 110(a)(2)(C),
                                                                                                                    (D)(i)(II), and (J)
Section 110(a)(2) Infrastructure    Allegheny County.....          7/1/08  2/28/13 [Insert page number where the   This action addresses the PSD related
 Requirements for the 2006 PM2.5                                            document begins].                       elements of the following CAA
 NAAQS.                                                                                                             requirements: 110(a)(2)(C),
                                                                                                                    (D)(i)(II), and (J)
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[FR Doc. 2013-04291 Filed 2-27-13; 8:45 am]
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