[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46516-46519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18415]


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EVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA200-4204; FRL-9811-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: EPA is updating the materials that are incorporated by 
reference (IBR) into the Pennsylvania State Implementation Plan (SIP). 
The regulations affected by this update have been previously submitted 
by the Pennsylvania Department of Environmental Protection (PADEP) and 
approved by EPA. This update affects the SIP materials that are 
available for public inspection at the National Archives and Records 
Administration (NARA), the Air and Radiation Docket and Information 
Center located at EPA Headquarters in Washington, DC, and the EPA 
Regional Office.

[[Page 46517]]


DATES: This action is effective August 1, 2013.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 1301 Constitution Avenue NW., Room Number 3334, EPA West 
Building, Washington, DC 20460; or the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The SIP is a living document which a state revises as necessary to 
address its unique air pollution problems. Therefore, EPA, from time to 
time, must take action on SIP revisions containing new and/or revised 
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), 
EPA revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between EPA and the Office 
of the Federal Register (OFR). The description of the revised SIP 
document, IBR procedures and ``Identification of plan'' format are 
discussed in further detail in the May 22, 1997 Federal Register 
document. On February 25, 2005 (70 FR 9450), EPA published a document 
in the Federal Register beginning the new IBR procedure for 
Pennsylvania, including Philadelphia and Allegheny Counties. On January 
3, 2007 (72 FR 200), March 25, 2009 (74 FR 13014), and July 5, 2011 (76 
FR 38992), EPA published updates to the IBR material for Pennsylvania.
    Since the publication of the last IBR update, EPA has approved the 
following regulatory changes to the following regulations and sections 
for Pennsylvania and Allegheny County:

A. Added Regulations

    1. Additions of the following regulations or sections in 25 PA 
Code, article III:
    a. Chapter 123 (Standards for Contaminants, Particulate Matter 
Emissions), section 123.14 (Outdoor wood-fired boilers).
    b. Chapter 126 (Standard for Motor Fuels), subchapter D (Motor 
Vehicle Emissions Control Program), section 126.451 (Responsibilities 
of the Department).
    c. Chapter 127 (Construction, Modification, Reactivation, and 
Operation of Sources), subchapter B (Plan Approval Requirements), 
section 127.12d (Completeness determination).
    d. Chapter 127, subchapter E (New Source Review), sections 
127.201a, 127.203a, and 127.218.
    e. Chapter 129 (Standards for Sources, Sources of VOCs), sections 
129.52a, 129.52b, and 129.52c.
    f. Chapter 129 (Standards for Sources, Control of Emissions from 
Glass Melting Furnaces), sections 129.301 through 129.310 inclusive.
    g. Chapter 130 (Standards for Products), subchapter D (Adhesives, 
Sealants, Primers, and Solvents), sections 130.701 through 130.708 
inclusive.
    h. Chapter 145 (Interstate Pollution Transport Reduction), 
subchapter C (Emissions of NOx from Cement Manufacturing), sections 
145.144, 145.145, and 145.146.
    2. Addition of Title 35 (Health and Safety) of the Pennsylvania 
Statute (Pa. Cons. Stat. Ann.), Chapter 23B (Diesel-Powered Motor 
Vehicle Idling Act), sections 4601 through 4610 inclusive.
    3. Additions of the following regulations or sections in Allegheny 
County Article XXI:
    a. Part B (Permits Generally), Section 2102.07 (Prevention of 
Significant Deterioration).
    b. Part E (Source Emission and Operating Standards), subpart 8 
(Additional Miscellaneous VOC Sources), section 2105.88 (Consumer 
Products).
    c. Part E, subpart 10 (NOX Sources), section 2105.101 
(Control of NOX Emissions from Glass Melting Furnaces).

B. Revised Regulations

    1. Revisions to the following regulations or sections in 25 PA 
Code, Article III:
    a. Chapter 121 (General Provisions), section 121.1 (Definitions).
    b. Chapter 126, subchapter D, sections 126.401, 126.411, 126.412, 
126.413, 126.421 through 126.425 inclusive, 126.431, 126.432, and 
126.441.
    c. Chapter 127, subchapter B, sections 127.12b, 127.13, 127.44, 
127.45, and 127.48.
    d. Chapter 127, subchapter E, sections 127.201 through 127.215 
inclusive and 127.217.
    e. Chapter 129, Sources of VOCs, sections 129.51, 129.52, and 
129.66.
    f. Chapter 145, subchapter C, sections 145.142 and 145.143.
    2. Revision to Allegheny County Article XXI, part B, section 
2102.06 (Major Sources Locating In or Impacting a Nonattainment Area).

C. Removed Regulations

    In 25 PA Code Article III, section 126.402 (NLEV scope and 
applicability) of chapter 126, subchapter D has been removed.

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as 
of April 1, 2013. EPA is also correcting typographical errors and 
omissions found in the table for paragraph 52.2020(c)(2), specifically 
adding a title entry for Part E, subpart 8 (Additional Miscellaneous 
VOC Sources) and removing the word ``Section'' in the ``Article XX or 
XXI citation'' column for entries 2105.88 and 2105.101. In the table 
for paragraph 52.2020(d)(1), EPA is revising the title heading in the 
second column from ``Permit No.'' to ``Permit Number.'' EPA has 
determined that the actual entries found in the table of paragraph 
52.2020(d)(1) are correct in the Code of Federal Regulations (CFR) and 
need no additional editing at this time. EPA has further determined 
that the entries found in the tables of paragraphs 52.2020(c)(1), 
(c)(3), (d)(2) through (d)(4), (e)(1), and (e)(2) are correct in the 
CFR and need no additional editing at this time.
    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). 
Today's rule simply codifies provisions which are already in effect as 
a matter of law in Federal and approved State programs. Under section 
553 of the APA, an agency may find good cause where procedures are 
``impractical, unnecessary, or contrary to the public interest.'' 
Public comment is ``unnecessary'' and ``contrary to the public 
interest'' since the codification only reflects existing law. Immediate 
notice in the CFR benefits the public by removing outdated citations 
and incorrect table entries.

[[Page 46518]]

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (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 rule 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the CAA pertaining to petitions for judicial review are not applicable 
to this action. Prior EPA rulemaking actions for each individual 
component of the Pennsylvania SIP compilations had previously afforded 
interested parties the opportunity to file a petition for judicial 
review in the United States Court of Appeals for the appropriate 
circuit within 60 days of such rulemaking action. Thus, EPA sees no 
need in this action to reopen the 60-day period for filing such 
petitions for judicial review for this ``Identification of plan'' 
update action for Pennsylvania.

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 record keeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 25, 2013.
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 for citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN Pennsylvania


0
2. Section 52.2020 is amended by:
0
a. Revising paragraph (b).
0
b. In paragraph (c)(2), adding a title entry for Subpart 8--Additional 
Miscellaneous VOC Sources after the existing entry for 2105.79, and 
revising the entries for Sections 2105.88 and 2105.101.
0
c. In paragraph (d)(1), revising the table heading.
    The amendments read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed as incorporated 
by reference in paragraphs (c) and (d) of this section with an EPA 
approval date of April 1, 2013 was approved for incorporation by 
reference by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR Part 51. The material incorporated is as it 
exists on the date of the approval, and notice of any change in the 
material will be published in the Federal Register. Entries in 
paragraphs (c) and (d) of this section with EPA approval dates on or 
after April 1, 2013 will be incorporated by reference in the next 
update to the SIP compilation.
    (2)(i) EPA Region III certifies that the following rules and 
regulations provided by EPA at the addresses in paragraph (b)(3) of 
this section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of April 1, 2013:
    (A) Materials in Notebook ``40 CFR 52.2020(c)(1)--1. PA Department 
of Environmental Protection (PA DEP); 2. PA Department of 
Transportation (PA DOT).''
    (B) Materials in Notebook ``1. 40 CFR 52.2020(c)(2)--Allegheny 
County Health Department (ACHD); 2. 40 CFR 52.2020(c)(3)--Philadelphia 
Air Management Services (AMS).''
    (ii) EPA Region III certifies that the following source-specific 
requirements provided by EPA at the addresses in paragraph (b)(3) of 
this section are an exact duplicate of the officially promulgated State 
source-specific requirements which have been approved as part of the 
State implementation plan as of November 1, 2006. No additional 
revisions were made between November 1, 2006 and April 1, 2013:
    (A) [Reserved.]
    (B) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 1, Part 1.''
    (C) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 1, Part 2.''

[[Page 46519]]

    (D) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 2, Part 1.''
    (E) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 2, Part 2.''
    (F) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 3.''
    (G) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 4.''
    (H) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 5.''
    (I) Materials in Notebook ``40 CFR 52.2020(d)(2)-(d)(4)--Source-
specific Requirements.''
    (iii) EPA Region III certifies that the materials in Notebook ``40 
CFR 52.2020(d)(1)--Source-specific Requirements--Volume 6'' provided by 
EPA at the addresses in paragraph (b)(3) of this section are an exact 
duplicate of the officially promulgated State source-specific 
requirements which have been approved as part of the State 
implementation plan as of November 1, 2008. No additional revisions 
were made between November 1, 2008 and April 1, 2013.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region III Office at 1650 Arch Street, 
Philadelphia, PA 19103. For further information, call (215) 814-2108; 
the EPA, Air and Radiation Docket and Information Center, Room Number 
3334, EPA West Building, 1301 Constitution Avenue NW., Washington, DC 
20460. For further information, call (202) 566-1742; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) EPA-approved regulations.
    EPA-Approved Regulations and Statutes
    (c)(1) * * *
    (2)

                       EPA-Approved Allegheny County Health Department (ACHD) Regulations
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                                                                                                  Additional
    Article XX or XXI citation        Title/subject          State       EPA approval date    explanation/ Sec.
                                                        effective date                         52.2063 citation
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                                 Part E--Source Emission and Operating Standards
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                                 Subpart 8--Additional Miscellaneous VOC Sources
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2105.88..........................  Consumer Products..          4/3/12  11/29/12, 77 FR
                                                                         71115
 
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                                             Subpart 10--NOX Sources
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2105.101.........................  Control of NOX               4/3/12  11/29/12, 77 FR
                                    Emissions from                       71117
                                    Glass Melting
                                    Furnaces.
 
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    (3) * * *
    (d) EPA-Approved State Source-Specific Requirements

  EPA-Approved Source-Specific Reasonably Available Control Technology (RACT) Requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen
                                                                          (NOX)
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                                                                              State                                        Additional  explanation/ Sec.
          Name of source             Permit No.           County         effective date         EPA approval date                 52.2063 citation
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                                        For exceptions, see the applicable paragraphs in 40 CFR Sec.   52.2063(c)
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[FR Doc. 2013-18415 Filed 7-31-13; 8:45 am]
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