[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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) * * *

----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory SIP                                 State submittal    EPA approval       Additional
           revision              Applicable geographic area        date             date           explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-08853 Filed 5-1-19; 8:45 am]
BILLING CODE 6560-50-P