
[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34584-34586]
From the Federal Register Online via the Government Printing 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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