[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Rules and Regulations]
[Pages 71117-71119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28831]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0785; FRL-9755-4]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Incorporation by Reference of
Pennsylvania's Control of NOX Emissions From Glass Melting
Furnaces
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) submitted by the
Pennsylvania Department of Environmental Protection (PADEP). The SIP
revision adds a regulation to control nitrogen oxides (NOX)
emissions from glass melting furnaces to the Allegheny County Health
Department (ACHD) Rules and Regulations. The ACHD regulation
incorporates by reference the Pennsylvania regulations and related
definitions for controlling NOX emissions from glass melting
furnaces. The SIP revision is a regulation that will reduce emissions
of NOX from glass melting furnaces. EPA is approving this
SIP revision in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on January 28, 2013 without further
notice, unless EPA receives adverse written comment by December 31,
2012. 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-2012-0785 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2012-0785, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2012-0785. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
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
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 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 Allegheny County Health Department, Bureau of
Environmental Quality, Division of Air Quality, 301 39th Street,
Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 25, 2012, PADEP submitted to EPA a revision to the
Allegheny
[[Page 71118]]
County portion of the Pennsylvania SIP. The SIP revision seeks to add
Section 2105.101 (Control of NOX Emissions from Glass
Melting Furnaces) to ACHD's Rules and Regulations, Article XXI, Air
Pollution Control to incorporate by reference 25 Pa. Code Sections
129.301 through 129.310 (Control of NOX Emissions from Glass
Melting Furnaces) and related definitions at 25 Pa. Code Section 121.1
of PADEP's Air Pollution Control Act. This regulation controls
NOX emissions from glass melting furnaces. The reduction of
NOX emissions also reduces visibility impairment and acid
deposition.
On August 22, 2011 (76 FR 52283), EPA approved into the
Pennsylvania SIP 25 Pa. Code Chapter 129, Sections 129.301 through
129.310 that included NOX content limits from glass melting
furnaces and approved related amended definitions at 25 Pa. Code
Section 121.1. ACHD is incorporating by reference the same provisions
in 25 Pa. Code Sections 121.1 and 129.301 through 129.310 in order to
regulate NOX emissions from glass melting furnaces in
Allegheny County. Further details of Pennsylvania's regulation for the
control of NOX emissions from glass melting furnaces can be
found in Docket ID No. EPA-R03-OAR-2011-0286 at www.regulations.gov.
II. Summary of SIP Revision
The Pennsylvania SIP revision adds Section 2105.101 to ACHD Rules
and Regulations, Article XXI, Air Pollution Control to incorporate by
reference Pennsylvania's control of NOX from glass melting
furnaces promulgated under the Air Pollution Control Act at 25 Pa. Code
Sections 129.301 through 129.310 and related definitions at 25 Pa. Code
Section 121.1. The incorporation by reference provides that Section
2105.101 shall be applied consistent with the provisions of
Pennsylvania's control of NOX emissions from glass melting
furnaces. Any additions, revisions, or deletions to the glass melting
furnaces regulation by Pennsylvania shall be incorporated into Section
2105.101 and are effective on the date established by Pennsylvania
regulation. By incorporating this regulation, ACHD removes any
uncertainty regarding enforceability of NOX limits on glass
melting furnaces in Allegheny County by ACHD. Included in the Air
Pollution Control Act at 25 Pa. Code Sections 129.301 through 129.310
are explicit references to the authority of local air agencies
including Allegheny County to regulate NOX levels from glass
melting furnaces. By incorporating this regulation, an additional copy
verifying ACHD's authority will be found in Article XXI.
III. Final Action
EPA is approving the Pennsylvania SIP revision that incorporates by
reference Pennsylvania's control of NOX emissions from glass
melting furnaces into ACHD Rules and Regulations, Article XXI, Air
Pollution Control. EPA's review of the SIP revision submitted by PADEP
on June 25, 2012 indicates it will strengthen the SIP requirements,
result in reductions of NOX emissions, and meet all
applicable Federal regulations and the CAA. EPA is publishing this rule
without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment. 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 January 28, 2013 without further notice unless EPA
receives adverse comment by December 31, 2012. 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
[[Page 71119]]
Court of Appeals for the appropriate circuit by January 28, 2013.
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
incorporation by reference of Pennsylvania's control of NOX
emissions from glass melting furnaces into ACHD Rules and Regulations,
Article XXI, Air Pollution Control 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: November 7, 2012.
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 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 adding
a heading for Subpart 10 and an entry for Section 2105.101 after the
entry for Section 2105.90 to read as follows:
Sec. 52.2020 Identification of plan.
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(c) * * *
(2) * * *
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State Additional
Article XX or XXI citation Title/subject effective EPA approval date explanation/ Sec.
date 52.2063 citation
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Part E--Source Emission and Operating Standards
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Subpart 10--NOX Sources
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Section 2105.101................. Control of NOX 4/3/12 11/29/12 [Insert New subpart and
Emissions from page number where section are added.
Glass Melting the document
Furnaces. begins].
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[FR Doc. 2012-28831 Filed 11-28-12; 8:45 am]
BILLING CODE 6560-50-P