[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Rules and Regulations]
[Pages 34000-34002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14227]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0881; FRL-9308-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revisions to Requirements for Major Sources Locating in
or Impacting a Nonattainment Area in Allegheny County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
Pennsylvania State Implementation Plan (SIP) which was submitted on
November 16, 2006 by the Pennsylvania Department of Environmental
Protection (PADEP). This change to Allegheny County's Air Pollution
Control Rules and Regulations amends the existing requirements for
sources locating in or impacting a nonattainment area in Allegheny
County by incorporating Federal modeling requirements. EPA is approving
these revisions to the Pennsylvania SIP in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This rule is effective on August 9, 2011 without further notice,
unless EPA receives adverse written comment by July 11, 2011. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0881 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2009-0881, Kathleen Cox, Associate Director,
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0881. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in http://www.regulations.gov or in hard copy 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; and the 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, P.E. (215) 814-
2183, or by e-mail at: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this rulemaking action, whenever ``we,'' ``us,'' or
``our'' is used, we are referring to EPA. On November 16, 2006, PADEP
submitted a revision to the Pennsylvania SIP. This change to Allegheny
County's Air Pollution Control Rules and Regulations amends the
existing requirements for sources locating in or impacting a
nonattainment area by incorporating Federal modeling requirements.
II. Summary of the SIP Revision
EPA is approving a formal revision to the Pennsylvania SIP
submitted by the State on November 16, 2006 by the PADEP. This SIP
revision adds a new paragraph (2102.06.g.) to Allegheny
[[Page 34001]]
County's Article XXI Air Pollution Control Rules and Regulations and
amends the existing requirements for sources locating in or impacting
nonattainment areas by incorporating the modeling requirements from 40
CFR part 51, subpart I, entitled ``Review of New Sources and
Modifications.'' These requirements specify that where air quality
models are used to meet the provisions of this section, modeling must
be based on the applicable models and other requirements specified in
40 CFR part 51, appendix W, entitled ``Federal Guideline on Air Quality
Models'' (Guideline). Additionally, these requirements explicitly state
where an air quality model specified in the Guideline is inappropriate,
the model may be modified or another model substituted but only on a
case-by-case basis or, where appropriate, on a generic basis for a
specific State program. Modifying or substituting a model requires
written approval of the EPA Administrator. In addition, the use of a
modified or substituted model is subject to public comment under
procedures set forth in Federal regulation 40 CFR 51.102.
III. Final Action
EPA is approving a revision to the Pennsylvania SIP as submitted on
November 16, 2006. This revision adds the modeling requirements in 40
CFR part 51, subpart I as a new paragraph 2102.06.g., entitled
``Requirements of Modeling'', to Allegheny County's Article XXI,
section 2102.06, ``Major Sources Locating in or Impacting a
Nonattainment Area.'' EPA is publishing this rule without prior
proposal because EPA views this as a non-controversial amendment and
anticipates no adverse comment. This revision to Allegheny County's
regulation 2102.06, addresses the requirements in Federal regulation 40
CFR part 51 subpart I. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on August 9, 2011
without further notice unless EPA receives adverse comment by July 11,
2011. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
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 August 9, 2011. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking.
This action which modifies the Pennsylvania SIP by adding the
Federal modeling requirements of 40 CFR part 51, subpart I 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
[[Page 34002]]
Dated: May 6, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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)(2) is amended by
amending the entry for section 2102.06 to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(2) * * *
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Additional
Article XX or XXI Title/subject State EPA approval date explanation/Sec.
citation effective date 52.2063 citation
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Part B Permits Generally
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* * * * * * *
2102.06.................. Major Sources Locating in 7/10/05 6/10/11 [Insert page Addition of new
or Impacting a number where the paragraph
Nonattainment Area. document begins]. 2102.06.g.
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[FR Doc. 2011-14227 Filed 6-9-11; 8:45 am]
BILLING CODE 6560-50-P