[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Rules and Regulations]
[Pages 18736-18737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08853]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0764; FRL-9993-02-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Reasonably Available Control Technology
for the 2008 Ozone National Ambient Air Quality Standard
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 Pennsylvania
Department of Environmental Protection (PADEP) on behalf of the
Allegheny County Health Department (ACHD) for the purpose of satisfying
the volatile organic compound (VOC) reasonably available control
technology (RACT) requirements for source categories covered by control
technique guidelines (CTGs) under the 2008 8-hour ozone national
ambient air quality standard (NAAQS). EPA is approving these revisions
addressing the VOC CTG RACT requirements set forth by the CAA for the
2008 8-hour ozone NAAQS for Allegheny County in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on June 3, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0764. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., 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
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Megan Goold, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-2027. Ms. Goold can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 13, 2019 (84 FR 3742), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of a SIP revision addressing the VOC CTG
RACT requirements set forth by the CAA for the 2008 8-hour ozone NAAQS
for Allegheny County (the 2018 VOC CTG RACT Submission for Allegheny
County). The formal SIP revision was submitted by Pennsylvania on
behalf of Allegheny County on July 24, 2018.
II. Summary of SIP Revision and EPA Analysis
On July 24, 2018, PADEP submitted a SIP revision for Allegheny
County to address the VOC CTG RACT requirements set forth by the CAA
for the 2008 8-hour ozone NAAQS. Specifically, the 2018 VOC CTG RACT
Submission for Allegheny County includes: (1) A certification that for
certain categories of sources, previously-adopted VOC RACT controls in
the Allegheny County portion of Pennsylvania's SIP that were approved
by EPA under the 1979 1-hour and 1997 8-hour ozone NAAQS continue to be
based on the currently available technically and economically feasible
controls, and continue to represent RACT for implementation of the 2008
8-hour ozone NAAQS; and (2) a negative declaration that certain CTG
sources of VOC do not exist in Allegheny County, PA. This SIP revision
does not cover non-CTG sources in Allegheny County. PADEP will address
RACT for major sources of NOX and for major non-CTG VOC
sources for Allegheny County in another SIP submission.
Allegheny County's Regulations and Statutes, under Allegheny County
Article XXI 2105.10, 2105.11, 2105.12, 2105.13, 2105.15, 2105.16,
2105.19, 2105.70, 2105.71, 2105.72., 2105.74, 2105.76, 2105.77,
2105.78, 2105.79, 2105.80, 2105.81, 2105.82, 2105.83, 2015.84, 2105.85,
and 2105.86 contain the VOC CTG RACT controls that were implemented and
approved into Pennsylvania's SIP under the 1-hour and 1997 8-hour ozone
NAAQS. PADEP is certifying that these regulations, all previously
approved by EPA into the SIP, continue to meet the RACT requirements
for the 2008 8-hour ozone NAAQS for CTG-covered sources of VOCs in
Allegheny County, PA. PADEP also submitted a negative declaration for
the CTGs that have not been adopted because Allegheny County does not
contain the affected source categories. More detailed information on
these provisions as well as a detailed summary of EPA's review can be
found in the Technical Support Document (TSD) for this action which is
available on line at https://www.regulations.gov, Docket number EPA-
R03-OAR-2018-0764.
An explanation of the Clean Air Act requirements, a detailed
analysis of the revisions, and EPA's reasons for proposing approval
were provided in the NPRM and will not be restated here. No public
comments were received on the NPRM.
III. Final Action
EPA is approving Pennsylvania's 2018 VOC CTG RACT Submission for
Allegheny County on the basis that it demonstrates that existing
regulations in the Allegheny County portion of Pennsylvania's SIP
represent RACT for the purposes of compliance with the 2008 8-hour
ozone standard for all stationary sources of VOCs covered by a CTG
issued prior to July 20, 2014.
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
[[Page 18737]]
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 July 1, 2019. 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 2018 VOC CTG RACT Submission for
Allegheny County 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 18, 2019.
Diana Esher,
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 (e)(1) is amended by adding
the entry ``2008 8-hour Ozone National Ambient Air Quality Standard
Reasonably Available Control Technology Standard'' at the end of the
table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP State submittal EPA approval Additional
revision Applicable geographic area date date explanation
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* * * * * * *
2008 8-hour Ozone National Allegheny County........... 07/24/18 5/2/2019, This action
Ambient Air Quality Standard [insert Federal pertains to
Reasonably Available Control Register sources covered
Technology Standard. citation]. by CTGs issued
prior to July
20, 2014.
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[FR Doc. 2019-08853 Filed 5-1-19; 8:45 am]
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