[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34584-34586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13598]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0055; FRL-9820-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Reasonably Available Control Technology
Under the 8-Hour Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
for the Commonwealth of Pennsylvania submitted by Allegheny County
Health Department (ACHD). This SIP revision consists of a demonstration
that Allegheny County's portion of the Pennsylvania requirements of
reasonably available control technology (RACT) for nitrogen oxides
(NOX) and volatile organic compounds (VOCs) satisfy the RACT
requirements set forth
[[Page 34585]]
by the Clean Air Act (CAA). This SIP revision demonstrates that all
requirements for RACT are met through: Certification that previously
adopted RACT controls in Pennsylvania's SIP that were approved by EPA
under the 1-hour ozone national ambient air quality standards (NAAQS)
are based on the currently available technically and economically
feasible controls, and that they continue to represent RACT for the 8-
hour ozone NAAQS; a negative declaration demonstrating that no
facilities exist in Allegheny County for certain control technology
guideline (CTG) categories; and a new RACT determination for a specific
source. This action is being taken under the CAA.
DATES: This final rule is effective on July 10, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0055. 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 either electronically through www.regulations.gov or in hard
copy for public inspection 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. Copies are also available at
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On February 26, 2013 (78 FR 13007), EPA published a
notice of proposed rulemaking (NPR) for the Commonwealth of
Pennsylvania. The NPR proposed approval of Allegheny County's SIP
revision addressing the RACT requirements under the 8-hour ozone NAAQS.
The formal SIP revision was submitted by the Commonwealth of
Pennsylvania on May 5, 2009.
EPA requires for the 8-hour ozone NAAQS that states meet the CAA
RACT requirements, either through a certification that previously
adopted RACT controls in their SIP approved by EPA under the 1-hour
ozone NAAQS represent adequate RACT control levels for 8-hour ozone
NAAQS attainment purposes or through the establishment of new or more
stringent requirements that represent RACT control levels. See Final
Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 2; Final Rule To Implement Certain Aspects of the 1990
Amendments Relating to New Source Review and Prevention of Significant
Deterioration as They Apply in Carbon Monoxide, Particulate Matter and
Ozone NAAQS; Final Rule for Reformulated Gasoline (Phase 2 Rule), (70
FR 71612, 71655, November 29, 2005).
II. Summary of the SIP Revision
On May 5, 2009, the Pennsylvania Department of Environmental
Protection (PADEP) submitted on behalf of ACHD a SIP revision
addressing the RACT requirements for Allegheny County under the 8-hour
ozone NAAQS set forth by the CAA. Allegheny County's SIP revision is
consistent with the Phase 2 Rule and satisfies the requirements of RACT
set forth by the CAA under the 8-hour ozone NAAQS through: (1)
Certification that previously adopted RACT controls in Allegheny
County's SIP, which were approved by EPA under the 1-hour ozone NAAQS,
are based on the currently available technically and economically
feasible controls and continue to represent RACT for the 8-hour ozone
NAAQS; (2) a negative declaration demonstrating that no facilities
exist in Allegheny County for the applicable CTG categories; and (3) a
new RACT determination for a single source based upon reliance on the
Maximum Achievable Control Technology (MACT) standard as allowed in the
Phase 2 Rule. Additional details on the SIP revision as well as the
rationale for EPA's proposed action are included in the NPR and will
not be restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving Allegheny County's 8-hour ozone RACT demonstration
submitted to EPA on May 5, 2009 as a revision to the Allegheny County's
portion of the Commonwealth of Pennsylvania's SIP.
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.
[[Page 34586]]
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, 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, which approves Allegheny County's 8-hour ozone
RACT demonstration, 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, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 16, 2013.
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 (e)(1) is amended by adding
an entry for RACT under the 8-hour ozone NAAQS for Allegheny County at
the end of the table. The added text reads as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable geographic State
revision area submittal date EPA approval date Additional explanation
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* * * * * * *
RACT under the 8-hour ozone NAAQS. Allegheny County..... 5/5/09 6/10/13 [Insert page number where the .....................................
document begins].
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[FR Doc. 2013-13598 Filed 6-7-13; 8:45 am]
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