[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50358-50360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18156]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0005; FRL-9949-94-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Measurement and Reporting of Condensable Particulate 
Matter Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. This SIP revision amends two regulations to clarify 
testing and sampling methods for stationary sources of particulate 
matter (PM) and adds the requirement to measure and report filterable 
and condensable PM. EPA is approving this revision in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on August 31, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0005. 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 through www.regulations.gov or may be viewed 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.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 8, 2016 (81 FR 20598), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA 
proposed approval of amendments to chapters 121 and 139 of title 25, 
Environmental Protection, of the Pennsylvania Code (25 Pa. Code). The 
formal SIP revision was submitted by the Commonwealth of Pennsylvania 
on June 15, 2015.

II. Summary of SIP Revision

    On June 25, 2015, the Commonwealth of Pennsylvania submitted a 
formal SIP revision that amends chapters 121 and 139 of 25 Pa. Code. 
Amendments to 25 Pa. Code section 121.1 in chapter 121 add definitions 
for the terms ``condensable particulate matter'' and ``filterable 
particulate matter.'' The amendments to 25 Pa. Code section 139.12 in 
chapter 139 add the requirement to measure and report filterable and 
condensable PM and explain the compliance demonstration process. The 
amendment to 25 Pa. Code section 139.53 specifies to whom monitoring 
reports must be submitted. Other specific requirements of chapters 121 
and 139 of 25 Pa. Code 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 June 25, 2015 Pennsylvania SIP revision that 
amends specific provisions within chapters 121 and 139 of 25 Pa. Code. 
The amendments clarify testing and sampling methods and reporting 
requirements for stationary sources of PM and add the requirement to 
measure and report filterable and condensable PM.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the revised Pennsylvania regulations, published in the 
Pennsylvania Bulletin, Vol. 44 No. 15, April 12, 2014, and effective on 
April 12, 2014. The EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or may be viewed at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. 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

[[Page 50359]]

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 30, 2016. 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 rulemaking action, approving amendments to Pennsylvania's 
regulations regarding testing and sampling methods for stationary 
sources of PM, including filterable and condensable PM, 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, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: July 1, 2016.
Shawn M. Garvin,
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)(1) is amended by 
revising the entries ``Section 121.1'', ``Section 139.12'', and 
``Section 139.53'' to 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..........      04/12/2014  8/1/16 [Insert         Adds definitions for the
                                                                Federal Register       terms ``condensable
                                                                citation].             particulate matter'' and
                                                                                       ``filterable particulate
                                                                                       matter.''
 
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                                        Chapter 139--Sampling and Testing
                            Subchapter A--Sampling and Testing Methods and Procedures
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                                                  * * * * * * *
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                                               Stationary Sources
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                                                  * * * * * * *
Section 139.12........  Emissions of               04/12/2014  8/1/16 [Insert         Amends section 139.12.
                         particulate matter.                    Federal Register
                                                                citation].

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                               Subchapter B--Monitoring Duties of Certain Sources
                                                     General
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                                                  * * * * * * *
Section 139.53........  Filing monitoring          04/12/2014  8/1/16 [Insert         Amends section 139.53.
                         reports.                               Federal Register
                                                                citation].
 
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[FR Doc. 2016-18156 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P