80_FR_16345 80 FR 16286 - Approval and Promulgation of Implementation Plans; Pennsylvania; Pennsylvania Regional Haze State Implementation Plan Revision: Sulfur Dioxide and Nitrogen Oxide Best Available Retrofit Technology Limits for the Cheswick Power Plant

80 FR 16286 - Approval and Promulgation of Implementation Plans; Pennsylvania; Pennsylvania Regional Haze State Implementation Plan Revision: Sulfur Dioxide and Nitrogen Oxide Best Available Retrofit Technology Limits for the Cheswick Power Plant

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range16286-16289
FR Document2015-06965

The Environmental Protection Agency (EPA) is finalizing a limited approval and limited disapproval of a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP). This SIP revision addresses the sulfur dioxide (SO<INF>2</INF>) and nitrogen oxide (NO<INF>X</INF>) Best Available Retrofit Technology (BART) requirements for Boiler Number 1 of the Cheswick Generating Station (Cheswick) in Allegheny County. EPA is finalizing a limited approval of the SIP revision for Cheswick's SO<INF>2</INF> and NO<INF>X</INF> BART requirements on the basis that the revision corrects an error in the SIP and strengthens the Pennsylvania SIP, while EPA is also finalizing a limited disapproval of this part of the SIP revision because the SIP revision relies on the Clean Air Interstate Rule (CAIR) and not the Cross-State Air Pollution Rule (CSAPR) which has replaced CAIR. This final action is in accordance with the requirements of the Clean Air Act (CAA) and EPA's rules for BART.

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16286-16289]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06965]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0342; FRL-9925-16-Region 3]


Approval and Promulgation of Implementation Plans; Pennsylvania; 
Pennsylvania Regional Haze State Implementation Plan Revision: Sulfur 
Dioxide and Nitrogen Oxide Best Available Retrofit Technology Limits 
for the Cheswick Power Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
limited approval and limited disapproval of a revision to the 
Pennsylvania State Implementation Plan (SIP) submitted by the 
Commonwealth of Pennsylvania through the Pennsylvania Department of 
Environmental Protection (PADEP). This SIP revision addresses the 
sulfur dioxide (SO2) and nitrogen oxide (NOX) 
Best Available Retrofit Technology (BART) requirements for Boiler 
Number 1 of the Cheswick Generating Station (Cheswick) in Allegheny 
County. EPA is finalizing a limited approval of the SIP revision for 
Cheswick's SO2 and NOX BART requirements on the 
basis that the revision corrects an error in the SIP and strengthens 
the Pennsylvania SIP, while EPA is also finalizing a limited 
disapproval of this part of the SIP revision because the SIP revision 
relies on the Clean Air Interstate Rule (CAIR) and not the Cross-State 
Air Pollution Rule (CSAPR) which has replaced CAIR. This final action 
is in accordance with the requirements of the Clean Air Act (CAA) and 
EPA's rules for BART.

DATES: This final rule is effective on April 27, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0342. 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 Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Regional haze is visibility impairment that is produced by a 
multitude of sources and activities which are located across a broad 
geographic area and emit fine particles (e.g., sulfates, nitrates, 
organic carbon, elemental carbon, and soil dust) and their precursors 
(e.g., SO2, NOX, and in some cases, ammonia 
(NH3) and volatile organic compounds (VOC)). Fine particle 
precursors react in the atmosphere to form fine particulate matter 
(PM2.5), which impairs visibility by scattering and 
absorbing light. Visibility impairment reduces the clarity, color, and 
visible distance that one can see. Section 169A of the CAA establishes 
as a national goal the ``prevention of any future, and the remedying of 
any existing, impairment of visibility in mandatory class I Federal 
areas which impairment results from manmade air pollution'' and 
requires SIPs for states whose emissions may reasonably be anticipated 
to cause or contribute to visibility impairment in Class I areas to 
contain emission limits, compliance schedules and other measures as may 
be necessary to make reasonable progress toward the national goal of 
achieving natural visibility

[[Page 16287]]

conditions in Class I areas.\1\ A regional haze SIP generally must 
include, among other measures, source-specific BART emission limits for 
each source subject to BART. A detailed discussion of the requirements 
of the regional haze program can be found in our earlier notice 
proposing action on Pennsylvania's regional haze SIP. See 77 FR 3984 
(January 26, 2012).
---------------------------------------------------------------------------

    \1\ EPA's regulations implementing CAA section 169A are located 
at 40 CFR 51.308 and require states to establish long-term 
strategies for making reasonable progress toward meeting the 
national goal in CAA section 169A.
---------------------------------------------------------------------------

    Rather than requiring source-specific BART controls, states also 
have the flexibility to adopt an emissions trading program or other 
alternative program as long as the alternative provides greater 
reasonable progress towards improving visibility than BART. 40 CFR 
51.308(e)(2). EPA made such a demonstration for the CAIR.\2\ 70 FR 
39104 (July 6, 2005). EPA's regulations provided that states 
participating in the CAIR cap and trade program under 40 CFR part 96 
pursuant to an EPA-approved CAIR SIP or which remain subject to the 
CAIR Federal Implementation Plan (FIP) in 40 CFR part 97, do not 
require affected BART eligible electric generating units (EGUs) to 
install, operate, and maintain BART for emissions of SO2 and 
NOX. See 40 CFR 51.308(e)(4). EPA subsequently determined 
that the trading programs in CSAPR, which was promulgated to replace 
CAIR, would achieve greater reasonable progress towards the national 
goal than would BART and could also serve as an alternative to source-
by-source BART. See 77 FR 33641 (June 7, 2012).\3\
---------------------------------------------------------------------------

    \2\ CAIR required certain states like Pennsylvania to reduce 
emissions of SO2 and NOX that significantly 
contribute to downwind nonattainment of the 1997 NAAQS for 
PM2.5 and ozone. See 70 FR 25162 (May 12, 2005). CAIR was 
later found to be inconsistent with the requirements of the CAA and 
the rule was remanded to EPA. See North Carolina v. EPA, 550 F.3d 
1176 (D.C. Cir. 2008). The court left CAIR in place until replaced 
by EPA with a rule consistent with its opinion. Id.
    \3\ CSAPR was proposed by EPA to replace CAIR and to help states 
reduce air pollution and attain CAA standards. See 75 FR 45210 
(August 2, 2010) (proposal) and 76 FR 48208 (August 8, 2011) (final 
rule). The United States Court of Appeals for the D.C. Circuit (D.C. 
Circuit) issued a decision in EME Homer City Generation, L.P. v. 
EPA, 696 F.3d 7 (D.C. Cir. 2012), vacating CSAPR and keeping CAIR in 
place pending the promulgation of a valid replacement rule. 
Subsequently, on April 29, 2014, the United States Supreme Court 
reversed the August 21, 2012 opinion of the D.C. Circuit which had 
vacated CSAPR and remanded the matter to the D.C. Circuit for 
further proceedings. EPA v. EME Homer City Generation, L.P., 134 S. 
Ct. 1584 (2014). After the Supreme Court's decision, EPA filed a 
motion to lift the stay of CSAPR and asked the D.C. Circuit to toll 
CSAPR's compliance deadlines by three years, so that the Phase 1 
emissions budgets apply in 2015 and 2016 (instead of 2012 and 2013), 
and the Phase 2 emissions budgets apply in 2017 and beyond (instead 
of 2014 and beyond). On October 23, 2014, the D.C. Circuit granted 
EPA's motion and lifted the stay on CSAPR. EME Homer City 
Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. Oct. 23, 2014), 
Order at 3. EPA views the D.C. Circuit's October 23, 2014 Order as 
also granting EPA's request to toll CSAPR's compliance deadlines. 
EPA commenced implementation of CSAPR on January 1, 2015. 79 FR 
71663 (Dec. 3, 2014) (interim final rule revising CSAPR compliance 
deadlines).
---------------------------------------------------------------------------

    On December 20, 2010, PADEP submitted revisions to the Pennsylvania 
SIP to address regional haze as required by the CAA and 40 CFR 51.308. 
At the time of the development and submission of Pennsylvania's 
December 20, 2010 regional haze SIP submission, EPA had not yet 
promulgated CSAPR to replace CAIR. On July 13, 2012, EPA finalized a 
limited approval of the Pennsylvania regional haze SIP. 77 FR 41279. 
Our approval was limited due to Pennsylvania's reliance upon CAIR for 
certain regional haze requirements including BART for EGUs. On June 7, 
2012, EPA had also finalized the limited disapproval of Pennsylvania's 
regional haze SIP (and other states' regional haze SIPs that relied 
similarly on CAIR) due to its reliance on CAIR as EPA had issued the 
CSAPR to replace CAIR at that time. 77 FR 33641. On June 7, 2012, EPA 
also finalized a limited FIP for Pennsylvania and other states, which 
merely substituted reliance on EPA's more recent CSAPR NOX 
and SO2 trading programs for EGUs for the SIP's reliance on 
CAIR.\4\ See 77 FR 33641.
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    \4\ In response to a petition for review of EPA's limited 
approval of the Pennsylvania regional haze SIP in the United States 
Court of Appeals for the Third Circuit, EPA successfully moved for a 
voluntary remand without vacatur. On April 30, 2014, EPA reissued 
its final limited approval of the Pennsylvania SIP to implement the 
Commonwealth's regional haze program for the first planning period 
through 2018. 79 FR 24340.
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    For the December 20, 2010 regional haze SIP, the Allegheny County 
Health Department (ACHD) had performed a BART analysis for Cheswick, a 
Pennsylvania EGU. In the May 4, 2009 Cheswick BART review memo, ACHD 
stated it performed its BART analysis in accordance with 40 CFR 
51.308(e) and 40 CFR part 51, appendix Y, Guidelines for BART 
Determinations Under the Regional Haze Rule (BART Guidelines).\5\ The 
May 4, 2009 Cheswick BART review memo was included in Pennsylvania's 
December 20, 2010 regional haze SIP (in Appendix J) and specifically 
stated that SO2 and NOX limits were not 
considered in the memo since the source was participating in CAIR. The 
May 4, 2009 BART Review Memo for Cheswick and the December 20, 2010 
regional haze SIP submission also contained an error concerning the 
recommended particulate matter (PM) BART for Cheswick.
---------------------------------------------------------------------------

    \5\ The BART Guidelines provide a process for making BART 
determinations that states and local agencies can use in 
implementing the regional haze BART requirements on a source-by-
source basis, as provided in 40 CFR 51.308(e)(1).
---------------------------------------------------------------------------

    The December 20, 2010 regional haze SIP submission explicitly 
provided that BART for Pennsylvania EGUs was participation in CAIR; 
however, the SIP submission incorrectly identified SO2 and 
NOX BART emission limits for Cheswick in error.

II. Summary of SIP Revision and EPA Analysis

    On March 25, 2014, the Commonwealth of Pennsylvania through PADEP 
submitted a SIP revision to revise the incorrect PM BART emission limit 
for Cheswick's Boiler No. 1 and to remove the errant inclusion of the 
BART SO2 and NOX emission limits for Cheswick's 
Boiler No. 1 from the regional haze SIP because Pennsylvania intended 
CAIR as SO2 and NOX BART for all EGUs including 
Cheswick. EPA has corrected the PM BART error in a separate rulemaking. 
See 80 FR 2834 (January 21, 2015). On January 21, 2015 (80 FR 2841), 
EPA published a notice of proposed rulemaking (NPR) for the 
Commonwealth of Pennsylvania proposing limited approval and limited 
disapproval of this SIP revision to correct the SO2 and 
NOX BART for Cheswick. As explained in detail in the NPR, 
EPA proposed a limited approval to the March 25, 2014 SIP revision to 
the Cheswick SO2 and NOX BART limits included in 
the Pennsylvania regional haze SIP because the removal of the specific 
SO2 and NOX emission limits corrects an error in 
the regional haze SIP and strengthens the Pennsylvania SIP overall 
through replacing the incorrect BART limits with Cheswick's 
participation in an emissions trading program. EPA proposed a limited 
disapproval to the portion of the SIP revision addressing 
SO2 and NOX BART for Cheswick because the 
revision relied on replacing the specific SO2 and 
NOX limits with CAIR which the D.C. Circuit remanded to EPA 
and which EPA replaced with CSAPR. EPA began implementing CSAPR on 
January 1, 2015 as the emissions trading program for SO2 and 
NOX for EGUs in certain states including Pennsylvania 
following the D.C. Circuit's lifting of the stay on CSAPR. See EME 
Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. Oct. 23, 
2014), Order at 3. See also 79 FR 71663 (interim final rule revising 
CSAPR compliance deadlines).
    Although CAA section 110(c)(1) provides that EPA must promulgate a 
FIP within two years after disapproving

[[Page 16288]]

a SIP submission in whole or in part, unless EPA approves a SIP 
revision correcting the deficiencies, EPA believes our limited 
disapproval of the March 25, 2014 SIP submission does not result in any 
new FIP obligation for EPA because we already promulgated a FIP on June 
7, 2012 to address the identified deficiency (replacing CAIR with CSAPR 
for SO2 and NOX BART for Pennsylvania EGUs). 
Thus, as explained in the NPR, the June 7, 2012 FIP fully addresses 
Cheswick's SO2 and NOX BART because Cheswick is a 
Pennsylvania EGU subject to CSAPR. Under section 179(a) of the CAA, 
final disapproval of a submittal that addresses a requirement of part D 
of title I of the CAA (CAA sections 171-193) or is required in response 
to a finding of substantial inadequacy as described in CAA section 
110(k)(5) (SIP Call) starts a sanctions clock. Pennsylvania's March 25, 
2014 SIP revision submittal for revising Cheswick's BART was not 
submitted to meet either of these requirements. Therefore, our limited 
disapproval of Pennsylvania's SIP submission concerning Cheswick's 
SO2 and NOX BART does not trigger mandatory 
sanctions under CAA section 179. Other specific requirements and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here.\6\ No adverse public comments were received on 
the NPR.
---------------------------------------------------------------------------

    \6\ In the NPR, EPA found this SIP revision to Cheswick's BARTs 
complies with section 110(l) of the CAA and will not interfere with 
any applicable requirements concerning attainment and reasonable 
further progress or any other applicable requirement of the CAA, 
such as the visibility and regional haze provisions of sections 169A 
and 169B of the CAA.
---------------------------------------------------------------------------

III. Final Action

    EPA is finalizing a limited approval of the portion of the 
Pennsylvania March 25, 2014 revision to its regional haze SIP which 
removes specific SO2 and NOX BART emission 
limitations for Cheswick set in error and is finalizing a limited 
disapproval of the SIP revision due to its reliance upon CAIR, which 
has been replaced with CSAPR. As EPA issued a FIP for SO2 
and NOX BART emission limitations for EGUs in Pennsylvania, 
which includes Cheswick, no further action by EPA is required to 
address the limited disapproval. This conclusion is based on our review 
of the March 25, 2014 SIP revision as well as Pennsylvania's December 
20, 2010 regional haze SIP submission, including technical data and 
supporting analysis. This final action concludes that Cheswick's 
participation in CSAPR supersedes the previous SO2 and 
NOX BART determinations for Cheswick included in 
Pennsylvania's regional haze SIP.

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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.

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 May 26, 2015. 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 revising the SO2 and NOX BART 
emission limitations for Cheswick in Pennsylvania's regional haze SIP 
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, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: March 10, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    Therefore, 40 CFR part 52 is amended as follows:

[[Page 16289]]

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 
a new entry following the existing entries for ``Regional Haze Plan'' 
to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP      Applicable geographic       State
             revision                        area          submittal date             EPA Approval date                    Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regional Haze Plan................  Statewide............         3/25/14  3/27/15 [Insert Federal Register        Rulemaking pertains to Boiler No. 1
                                                                            citation].                              of the Cheswick Power Plant in
                                                                                                                    Allegheny County.
                                                                                                                   Limited approval removes SO2 and NOX
                                                                                                                    Best Available Retrofit Technology
                                                                                                                    limits. Limited disapproval relates
                                                                                                                    to the Federal Implementation Plan
                                                                                                                    at Sec.   52.2042(b) and (c).
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-06965 Filed 3-26-15; 8:45 am]
BILLING CODE 6560-50-P



                                                  16286                   Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations

                                                  List of Subjects in 40 CFR Part 52                             Dated: March 10, 2015.                                       Authority: 42 U.S.C. 7401 et seq.
                                                                                                                William C. Early,
                                                    Environmental protection, Air                               Acting Regional Administrator, Region III.                Subpart NN—Pennsylvania
                                                  pollution control, Carbon monoxide,
                                                  Incorporation by reference,                                     Therefore, 40 CFR part 52 is amended
                                                                                                                as follows:                                               ■  2. In § 52.2020, the table in paragraph
                                                  Intergovernmental relations, Lead,
                                                                                                                                                                          (c)(1) is amended by revising the entry
                                                  Nitrogen dioxide, Ozone, Particulate                          PART 52—APPROVAL AND                                      ‘‘Section 127.701’’ to read as follows:
                                                  matter, Reporting and recordkeeping                           PROMULGATION OF
                                                  requirements, Sulfur oxides, Volatile                         IMPLEMENTATION PLANS                                      § 52.2020    Identification of plan.
                                                  organic compounds.                                                                                                      *       *    *        *      *
                                                                                                                ■ 1. The authority citation for part 52
                                                                                                                continues to read as follows:                                 (c) * * *

                                                                                            (1) EPA-APPROVED PENNSYLVANIA REGULATIONS AND STATUTES
                                                                                                                                               State effective                                      Additional explanation/
                                                                 State citation                              Title/Subject                                           EPA Approval date
                                                                                                                                                    date                                              § 52.2063 citation


                                                             *                          *                           *                        *                       *                      *                     *

                                                                                                         Subchapter I—Plan Approval and Operating Permit Fees

                                                  Section 127.701 ...........................   General provisions .......................           12/14/13    3/27/15 [Insert Federal        Paragraphs (b) and (c) re-
                                                                                                                                                                   Register citation].            vised.


                                                             *                          *                           *                        *                       *                      *                     *



                                                  *      *         *       *      *                             BART requirements on the basis that the                   Control, P.O. Box 8468, 400 Market
                                                  [FR Doc. 2015–06968 Filed 3–26–15; 8:45 am]                   revision corrects an error in the SIP and                 Street, Harrisburg, Pennsylvania 17105.
                                                  BILLING CODE 6560–50–P
                                                                                                                strengthens the Pennsylvania SIP, while
                                                                                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                EPA is also finalizing a limited
                                                                                                                disapproval of this part of the SIP                       Irene Shandruk, (215) 814–2166, or by
                                                                                                                revision because the SIP revision relies                  email at shandruk.irene@epa.gov.
                                                  ENVIRONMENTAL PROTECTION
                                                  AGENCY                                                        on the Clean Air Interstate Rule (CAIR)                   SUPPLEMENTARY INFORMATION:
                                                                                                                and not the Cross-State Air Pollution
                                                  40 CFR Part 52                                                Rule (CSAPR) which has replaced CAIR.                     I. Background
                                                                                                                This final action is in accordance with
                                                  [EPA–R03–OAR–2014–0342; FRL–9925–16–                                                                                       Regional haze is visibility impairment
                                                                                                                the requirements of the Clean Air Act
                                                  Region 3]                                                                                                               that is produced by a multitude of
                                                                                                                (CAA) and EPA’s rules for BART.
                                                                                                                                                                          sources and activities which are located
                                                  Approval and Promulgation of                                  DATES: This final rule is effective on
                                                                                                                                                                          across a broad geographic area and emit
                                                  Implementation Plans; Pennsylvania;                           April 27, 2015.                                           fine particles (e.g., sulfates, nitrates,
                                                  Pennsylvania Regional Haze State                              ADDRESSES: EPA has established a                          organic carbon, elemental carbon, and
                                                  Implementation Plan Revision: Sulfur                          docket for this action under Docket ID                    soil dust) and their precursors (e.g., SO2,
                                                  Dioxide and Nitrogen Oxide Best                               Number EPA–R03–OAR–2014–0342. All                         NOX, and in some cases, ammonia (NH3)
                                                  Available Retrofit Technology Limits                          documents in the docket are listed in                     and volatile organic compounds (VOC)).
                                                  for the Cheswick Power Plant                                  the www.regulations.gov Web site.                         Fine particle precursors react in the
                                                                                                                Although listed in the electronic docket,                 atmosphere to form fine particulate
                                                  AGENCY:  Environmental Protection                             some information is not publicly
                                                                                                                                                                          matter (PM2.5), which impairs visibility
                                                  Agency (EPA).                                                 available, i.e., confidential business
                                                                                                                                                                          by scattering and absorbing light.
                                                  ACTION: Final rule.                                           information (CBI) or other information
                                                                                                                                                                          Visibility impairment reduces the
                                                                                                                whose disclosure is restricted by statute.
                                                  SUMMARY:   The Environmental Protection                                                                                 clarity, color, and visible distance that
                                                                                                                Certain other material, such as
                                                  Agency (EPA) is finalizing a limited                                                                                    one can see. Section 169A of the CAA
                                                                                                                copyrighted material, is not placed on
                                                  approval and limited disapproval of a                         the Internet and will be publicly                         establishes as a national goal the
                                                  revision to the Pennsylvania State                            available only in hard copy form.                         ‘‘prevention of any future, and the
                                                  Implementation Plan (SIP) submitted by                        Publicly available docket materials are                   remedying of any existing, impairment
                                                  the Commonwealth of Pennsylvania                              available either electronically through                   of visibility in mandatory class I Federal
                                                  through the Pennsylvania Department of                        www.regulations.gov or in hard copy for                   areas which impairment results from
                                                  Environmental Protection (PADEP).                             public inspection during normal                           manmade air pollution’’ and requires
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  This SIP revision addresses the sulfur                        business hours at the Air Protection                      SIPs for states whose emissions may
                                                  dioxide (SO2) and nitrogen oxide (NOX)                        Division, U.S. Environmental Protection                   reasonably be anticipated to cause or
                                                  Best Available Retrofit Technology                            Agency, Region III, 1650 Arch Street,                     contribute to visibility impairment in
                                                  (BART) requirements for Boiler Number                         Philadelphia, Pennsylvania 19103.                         Class I areas to contain emission limits,
                                                  1 of the Cheswick Generating Station                          Copies of the State submittal are                         compliance schedules and other
                                                  (Cheswick) in Allegheny County. EPA is                        available at the Pennsylvania                             measures as may be necessary to make
                                                  finalizing a limited approval of the SIP                      Department of Environmental                               reasonable progress toward the national
                                                  revision for Cheswick’s SO2 and NOX                           Protection, Bureau of Air Quality                         goal of achieving natural visibility


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                                                                      Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations                                          16287

                                                  conditions in Class I areas.1 A regional                   On December 20, 2010, PADEP                         Memo for Cheswick and the December
                                                  haze SIP generally must include, among                  submitted revisions to the Pennsylvania                20, 2010 regional haze SIP submission
                                                  other measures, source-specific BART                    SIP to address regional haze as required               also contained an error concerning the
                                                  emission limits for each source subject                 by the CAA and 40 CFR 51.308. At the                   recommended particulate matter (PM)
                                                  to BART. A detailed discussion of the                   time of the development and                            BART for Cheswick.
                                                  requirements of the regional haze                       submission of Pennsylvania’s December                    The December 20, 2010 regional haze
                                                  program can be found in our earlier                     20, 2010 regional haze SIP submission,                 SIP submission explicitly provided that
                                                  notice proposing action on                              EPA had not yet promulgated CSAPR to                   BART for Pennsylvania EGUs was
                                                  Pennsylvania’s regional haze SIP. See 77                replace CAIR. On July 13, 2012, EPA                    participation in CAIR; however, the SIP
                                                  FR 3984 (January 26, 2012).                             finalized a limited approval of the                    submission incorrectly identified SO2
                                                     Rather than requiring source-specific                Pennsylvania regional haze SIP. 77 FR                  and NOX BART emission limits for
                                                  BART controls, states also have the                     41279. Our approval was limited due to                 Cheswick in error.
                                                  flexibility to adopt an emissions trading               Pennsylvania’s reliance upon CAIR for                  II. Summary of SIP Revision and EPA
                                                  program or other alternative program as                 certain regional haze requirements                     Analysis
                                                  long as the alternative provides greater                including BART for EGUs. On June 7,
                                                  reasonable progress towards improving                   2012, EPA had also finalized the limited                  On March 25, 2014, the
                                                  visibility than BART. 40 CFR                            disapproval of Pennsylvania’s regional                 Commonwealth of Pennsylvania
                                                  51.308(e)(2). EPA made such a                           haze SIP (and other states’ regional haze              through PADEP submitted a SIP
                                                  demonstration for the CAIR.2 70 FR                      SIPs that relied similarly on CAIR) due                revision to revise the incorrect PM
                                                  39104 (July 6, 2005). EPA’s regulations                 to its reliance on CAIR as EPA had                     BART emission limit for Cheswick’s
                                                  provided that states participating in the               issued the CSAPR to replace CAIR at                    Boiler No. 1 and to remove the errant
                                                  CAIR cap and trade program under 40                     that time. 77 FR 33641. On June 7, 2012,               inclusion of the BART SO2 and NOX
                                                  CFR part 96 pursuant to an EPA-                         EPA also finalized a limited FIP for                   emission limits for Cheswick’s Boiler
                                                  approved CAIR SIP or which remain                       Pennsylvania and other states, which                   No. 1 from the regional haze SIP
                                                  subject to the CAIR Federal                             merely substituted reliance on EPA’s                   because Pennsylvania intended CAIR as
                                                  Implementation Plan (FIP) in 40 CFR                     more recent CSAPR NOX and SO2                          SO2 and NOX BART for all EGUs
                                                  part 97, do not require affected BART                   trading programs for EGUs for the SIP’s                including Cheswick. EPA has corrected
                                                  eligible electric generating units (EGUs)               reliance on CAIR.4 See 77 FR 33641.                    the PM BART error in a separate
                                                  to install, operate, and maintain BART                     For the December 20, 2010 regional                  rulemaking. See 80 FR 2834 (January 21,
                                                  for emissions of SO2 and NOX. See 40                    haze SIP, the Allegheny County Health                  2015). On January 21, 2015 (80 FR
                                                  CFR 51.308(e)(4). EPA subsequently                      Department (ACHD) had performed a                      2841), EPA published a notice of
                                                  determined that the trading programs in                 BART analysis for Cheswick, a                          proposed rulemaking (NPR) for the
                                                                                                          Pennsylvania EGU. In the May 4, 2009                   Commonwealth of Pennsylvania
                                                  CSAPR, which was promulgated to
                                                                                                          Cheswick BART review memo, ACHD                        proposing limited approval and limited
                                                  replace CAIR, would achieve greater
                                                                                                          stated it performed its BART analysis in               disapproval of this SIP revision to
                                                  reasonable progress towards the
                                                                                                          accordance with 40 CFR 51.308(e) and                   correct the SO2 and NOX BART for
                                                  national goal than would BART and
                                                                                                          40 CFR part 51, appendix Y, Guidelines                 Cheswick. As explained in detail in the
                                                  could also serve as an alternative to
                                                                                                          for BART Determinations Under the                      NPR, EPA proposed a limited approval
                                                  source-by-source BART. See 77 FR
                                                                                                          Regional Haze Rule (BART Guidelines).5                 to the March 25, 2014 SIP revision to
                                                  33641 (June 7, 2012).3
                                                                                                          The May 4, 2009 Cheswick BART                          the Cheswick SO2 and NOX BART limits
                                                     1 EPA’s regulations implementing CAA section         review memo was included in                            included in the Pennsylvania regional
                                                  169A are located at 40 CFR 51.308 and require           Pennsylvania’s December 20, 2010                       haze SIP because the removal of the
                                                  states to establish long-term strategies for making     regional haze SIP (in Appendix J) and                  specific SO2 and NOX emission limits
                                                  reasonable progress toward meeting the national         specifically stated that SO2 and NOX                   corrects an error in the regional haze SIP
                                                  goal in CAA section 169A.                                                                                      and strengthens the Pennsylvania SIP
                                                     2 CAIR required certain states like Pennsylvania     limits were not considered in the memo
                                                  to reduce emissions of SO2 and NOX that                 since the source was participating in                  overall through replacing the incorrect
                                                  significantly contribute to downwind                    CAIR. The May 4, 2009 BART Review                      BART limits with Cheswick’s
                                                  nonattainment of the 1997 NAAQS for PM2.5 and                                                                  participation in an emissions trading
                                                  ozone. See 70 FR 25162 (May 12, 2005). CAIR was         and the Phase 2 emissions budgets apply in 2017        program. EPA proposed a limited
                                                  later found to be inconsistent with the requirements
                                                  of the CAA and the rule was remanded to EPA. See
                                                                                                          and beyond (instead of 2014 and beyond). On            disapproval to the portion of the SIP
                                                                                                          October 23, 2014, the D.C. Circuit granted EPA’s       revision addressing SO2 and NOX BART
                                                  North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir.         motion and lifted the stay on CSAPR. EME Homer
                                                  2008). The court left CAIR in place until replaced      City Generation, L.P. v. EPA, No. 11–1302 (D.C. Cir.   for Cheswick because the revision relied
                                                  by EPA with a rule consistent with its opinion. Id.     Oct. 23, 2014), Order at 3. EPA views the D.C.         on replacing the specific SO2 and NOX
                                                     3 CSAPR was proposed by EPA to replace CAIR
                                                                                                          Circuit’s October 23, 2014 Order as also granting      limits with CAIR which the D.C. Circuit
                                                  and to help states reduce air pollution and attain      EPA’s request to toll CSAPR’s compliance
                                                  CAA standards. See 75 FR 45210 (August 2, 2010)         deadlines. EPA commenced implementation of
                                                                                                                                                                 remanded to EPA and which EPA
                                                  (proposal) and 76 FR 48208 (August 8, 2011) (final      CSAPR on January 1, 2015. 79 FR 71663 (Dec. 3,         replaced with CSAPR. EPA began
                                                  rule). The United States Court of Appeals for the       2014) (interim final rule revising CSAPR               implementing CSAPR on January 1,
                                                  D.C. Circuit (D.C. Circuit) issued a decision in EME    compliance deadlines).                                 2015 as the emissions trading program
                                                  Homer City Generation, L.P. v. EPA, 696 F.3d 7            4 In response to a petition for review of EPA’s
                                                  (D.C. Cir. 2012), vacating CSAPR and keeping CAIR       limited approval of the Pennsylvania regional haze
                                                                                                                                                                 for SO2 and NOX for EGUs in certain
                                                  in place pending the promulgation of a valid            SIP in the United States Court of Appeals for the      states including Pennsylvania following
                                                  replacement rule. Subsequently, on April 29, 2014,      Third Circuit, EPA successfully moved for a            the D.C. Circuit’s lifting of the stay on
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                                                  the United States Supreme Court reversed the            voluntary remand without vacatur. On April 30,         CSAPR. See EME Homer City
                                                  August 21, 2012 opinion of the D.C. Circuit which       2014, EPA reissued its final limited approval of the
                                                  had vacated CSAPR and remanded the matter to the        Pennsylvania SIP to implement the                      Generation, L.P. v. EPA, No. 11–1302
                                                  D.C. Circuit for further proceedings. EPA v. EME        Commonwealth’s regional haze program for the first     (D.C. Cir. Oct. 23, 2014), Order at 3. See
                                                  Homer City Generation, L.P., 134 S. Ct. 1584 (2014).    planning period through 2018. 79 FR 24340.             also 79 FR 71663 (interim final rule
                                                  After the Supreme Court’s decision, EPA filed a           5 The BART Guidelines provide a process for
                                                                                                                                                                 revising CSAPR compliance deadlines).
                                                  motion to lift the stay of CSAPR and asked the D.C.     making BART determinations that states and local
                                                  Circuit to toll CSAPR’s compliance deadlines by         agencies can use in implementing the regional haze
                                                                                                                                                                    Although CAA section 110(c)(1)
                                                  three years, so that the Phase 1 emissions budgets      BART requirements on a source-by-source basis, as      provides that EPA must promulgate a
                                                  apply in 2015 and 2016 (instead of 2012 and 2013),      provided in 40 CFR 51.308(e)(1).                       FIP within two years after disapproving


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                                                  16288               Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations

                                                  a SIP submission in whole or in part,                   determinations for Cheswick included                  located in the state, and EPA notes that
                                                  unless EPA approves a SIP revision                      in Pennsylvania’s regional haze SIP.                  it will not impose substantial direct
                                                  correcting the deficiencies, EPA believes                                                                     costs on tribal governments or preempt
                                                                                                          IV. Statutory and Executive Order
                                                  our limited disapproval of the March 25,                                                                      tribal law.
                                                                                                          Reviews
                                                  2014 SIP submission does not result in
                                                  any new FIP obligation for EPA because                  A. General Requirements                               B. Submission to Congress and the
                                                  we already promulgated a FIP on June                                                                          Comptroller General
                                                                                                             Under the CAA, the Administrator is
                                                  7, 2012 to address the identified                       required to approve a SIP submission                     The Congressional Review Act, 5
                                                  deficiency (replacing CAIR with CSAPR                   that complies with the provisions of the
                                                  for SO2 and NOX BART for                                                                                      U.S.C. 801 et seq., as added by the Small
                                                                                                          CAA and applicable Federal regulations.               Business Regulatory Enforcement
                                                  Pennsylvania EGUs). Thus, as explained
                                                                                                          42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Fairness Act of 1996, generally provides
                                                  in the NPR, the June 7, 2012 FIP fully
                                                                                                          Thus, in reviewing SIP submissions,                   that before a rule may take effect, the
                                                  addresses Cheswick’s SO2 and NOX
                                                                                                          EPA’s role is to approve state choices,               agency promulgating the rule must
                                                  BART because Cheswick is a
                                                                                                          provided that they meet the criteria of               submit a rule report, which includes a
                                                  Pennsylvania EGU subject to CSAPR.
                                                                                                          the CAA. Accordingly, this action                     copy of the rule, to each House of the
                                                  Under section 179(a) of the CAA, final
                                                                                                          merely approves state law as meeting                  Congress and to the Comptroller General
                                                  disapproval of a submittal that
                                                                                                          Federal requirements and does not
                                                  addresses a requirement of part D of title                                                                    of the United States. Section 804,
                                                                                                          impose additional requirements beyond
                                                  I of the CAA (CAA sections 171–193) or                                                                        however, exempts from section 801 the
                                                                                                          those imposed by state law. For that
                                                  is required in response to a finding of                                                                       following types of rules: Rules of
                                                                                                          reason, this action:
                                                  substantial inadequacy as described in                                                                        particular applicability; rules relating to
                                                                                                             • Is not a ‘‘significant regulatory
                                                  CAA section 110(k)(5) (SIP Call) starts a                                                                     agency management or personnel; and
                                                                                                          action’’ subject to review by the Office
                                                  sanctions clock. Pennsylvania’s March                                                                         rules of agency organization, procedure,
                                                                                                          of Management and Budget under
                                                  25, 2014 SIP revision submittal for                                                                           or practice that do not substantially
                                                                                                          Executive Order 12866 (58 FR 51735,
                                                  revising Cheswick’s BART was not                                                                              affect the rights or obligations of non-
                                                                                                          October 4, 1993);
                                                  submitted to meet either of these                          • does not impose an information                   agency parties. 5 U.S.C. 804(3). Because
                                                  requirements. Therefore, our limited                    collection burden under the provisions                this is a rule of particular applicability,
                                                  disapproval of Pennsylvania’s SIP                       of the Paperwork Reduction Act (44                    EPA is not required to submit a rule
                                                  submission concerning Cheswick’s SO2                    U.S.C. 3501 et seq.);                                 report regarding this action under
                                                  and NOX BART does not trigger                              • is certified as not having a                     section 801.
                                                  mandatory sanctions under CAA section                   significant economic impact on a
                                                  179. Other specific requirements and                    substantial number of small entities                  C. Petitions for Judicial Review
                                                  the rationale for EPA’s proposed action                 under the Regulatory Flexibility Act (5
                                                  are explained in the NPR and will not                                                                            Under section 307(b)(1) of the CAA,
                                                                                                          U.S.C. 601 et seq.);                                  petitions for judicial review of this
                                                  be restated here.6 No adverse public                       • does not contain any unfunded
                                                  comments were received on the NPR.                                                                            action must be filed in the United States
                                                                                                          mandate or significantly or uniquely
                                                                                                                                                                Court of Appeals for the appropriate
                                                  III. Final Action                                       affect small governments, as described
                                                                                                          in the Unfunded Mandates Reform Act                   circuit by May 26, 2015. Filing a
                                                     EPA is finalizing a limited approval of                                                                    petition for reconsideration by the
                                                                                                          of 1995 (Pub. L. 104–4);
                                                  the portion of the Pennsylvania March                                                                         Administrator of this final rule does not
                                                                                                             • does not have Federalism
                                                  25, 2014 revision to its regional haze SIP                                                                    affect the finality of this action for the
                                                                                                          implications as specified in Executive
                                                  which removes specific SO2 and NOX                                                                            purposes of judicial review nor does it
                                                                                                          Order 13132 (64 FR 43255, August 10,
                                                  BART emission limitations for                                                                                 extend the time within which a petition
                                                                                                          1999);
                                                  Cheswick set in error and is finalizing
                                                                                                             • is not an economically significant               for judicial review may be filed, and
                                                  a limited disapproval of the SIP revision                                                                     shall not postpone the effectiveness of
                                                                                                          regulatory action based on health or
                                                  due to its reliance upon CAIR, which                                                                          such rule or action.
                                                                                                          safety risks subject to Executive Order
                                                  has been replaced with CSAPR. As EPA
                                                                                                          13045 (62 FR 19885, April 23, 1997);                     This action revising the SO2 and NOX
                                                  issued a FIP for SO2 and NOX BART                          • is not a significant regulatory action
                                                  emission limitations for EGUs in                                                                              BART emission limitations for
                                                                                                          subject to Executive Order 13211 (66 FR               Cheswick in Pennsylvania’s regional
                                                  Pennsylvania, which includes                            28355, May 22, 2001);
                                                  Cheswick, no further action by EPA is                                                                         haze SIP may not be challenged later in
                                                                                                             • is not subject to requirements of
                                                  required to address the limited                                                                               proceedings to enforce its requirements.
                                                                                                          Section 12(d) of the National
                                                  disapproval. This conclusion is based                                                                         (See section 307(b)(2).)
                                                                                                          Technology Transfer and Advancement
                                                  on our review of the March 25, 2014 SIP                 Act of 1995 (15 U.S.C. 272 note) because              List of Subjects in 40 CFR Part 52
                                                  revision as well as Pennsylvania’s                      application of those requirements would
                                                  December 20, 2010 regional haze SIP                     be inconsistent with the CAA; and                       Environmental protection, Air
                                                  submission, including technical data                       • does not provide EPA with the                    pollution control, Incorporation by
                                                  and supporting analysis. This final                     discretionary authority to address, as                reference, Intergovernmental relations,
                                                  action concludes that Cheswick’s                        appropriate, disproportionate human                   Nitrogen dioxide, Reporting and
                                                  participation in CSAPR supersedes the                   health or environmental effects, using                recordkeeping requirements, Sulfur
                                                  previous SO2 and NOX BART
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                                                                                                          practicable and legally permissible                   oxides.
                                                                                                          methods, under Executive Order 12898
                                                    6 In the NPR, EPA found this SIP revision to                                                                 Dated: March 10, 2015.
                                                  Cheswick’s BARTs complies with section 110(l) of
                                                                                                          (59 FR 7629, February 16, 1994).
                                                                                                                                                                William C. Early,
                                                  the CAA and will not interfere with any applicable      In addition, this rule does not have
                                                  requirements concerning attainment and reasonable       tribal implications as specified by                   Acting Regional Administrator, Region III.
                                                  further progress or any other applicable
                                                  requirement of the CAA, such as the visibility and
                                                                                                          Executive Order 13175 (65 FR 67249,                     Therefore, 40 CFR part 52 is amended
                                                  regional haze provisions of sections 169A and 169B      November 9, 2000), because the SIP is                 as follows:
                                                  of the CAA.                                             not approved to apply in Indian country


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                                                                        Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations                                                              16289

                                                  PART 52—APPROVAL AND                                             Authority: 42 U.S.C. 7401 et seq.                         following the existing entries for
                                                  PROMULGATION OF                                                                                                            ‘‘Regional Haze Plan’’ to read as follows:
                                                  IMPLEMENTATION PLANS                                         Subpart NN—Pennsylvania                                       § 52.2020   Identification of plan.
                                                                                                                                                                             *       *    *        *      *
                                                  ■ 1. The authority citation for part 52                      ■ 2. In § 52.2020, the table in paragraph
                                                                                                                                                                                 (e) * * *
                                                  continues to read as follows:                                (e)(1) is amended by adding a new entry
                                                                                                                                                                                 (1) * * *

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


                                                             *                        *                            *                           *                        *                      *                     *

                                                  Regional Haze Plan .....................   Statewide .....................................            3/25/14     3/27/15 [Insert Federal        Rulemaking pertains to
                                                                                                                                                                      Register citation].            Boiler No. 1 of the
                                                                                                                                                                                                     Cheswick Power Plant
                                                                                                                                                                                                     in Allegheny County.
                                                                                                                                                                                                   Limited approval removes
                                                                                                                                                                                                     SO2 and NOX Best
                                                                                                                                                                                                     Available Retrofit Tech-
                                                                                                                                                                                                     nology limits. Limited
                                                                                                                                                                                                     disapproval relates to
                                                                                                                                                                                                     the Federal Implementa-
                                                                                                                                                                                                     tion Plan at § 52.2042(b)
                                                                                                                                                                                                     and (c).


                                                             *                        *                            *                           *                        *                      *                     *



                                                  *      *       *       *      *                              DATES:  This rule is effective on May 26,                     be automatically captured and included
                                                  [FR Doc. 2015–06965 Filed 3–26–15; 8:45 am]                  2015 without further notice, unless EPA                       as part of the public comment. If EPA
                                                  BILLING CODE 6560–50–P                                       receives adverse comments by April 27,                        cannot read your comment due to
                                                                                                               2015. If we receive such comments, we                         technical difficulties and cannot contact
                                                                                                               will publish a timely withdrawal in the                       you for clarification, EPA may not be
                                                  ENVIRONMENTAL PROTECTION                                     Federal Register to notify the public                         able to consider your comment.
                                                  AGENCY                                                       that this direct final rule will not take                     Electronic files should avoid the use of
                                                                                                               effect.                                                       special characters, any form of
                                                  40 CFR Part 52                                               ADDRESSES: Submit comments,                                   encryption, and be free of any defects or
                                                                                                               identified by docket number EPA–R09–                          viruses.
                                                  [EPA–R09–OAR–2015–0083; FRL–9924–73–                         OAR–2015–0083, by one of the                                     Docket: Generally, documents in the
                                                  Region 9]                                                    following methods:                                            docket for this action are available
                                                                                                                  1. Federal eRulemaking Portal:                             electronically at www.regulations.gov
                                                  Revisions to the California State                            www.regulations.gov. Follow the on-line
                                                  Implementation Plan, Placer County                                                                                         and in hard copy at EPA Region IX, 75
                                                                                                               instructions.                                                 Hawthorne Street, San Francisco,
                                                  Air Pollution Control District and the                          2. Email: steckel.andrew@epa.gov.
                                                  Ventura County Air Pollution Control                                                                                       California 94105–3901. While all
                                                                                                                  3. Mail or deliver: Andrew Steckel                         documents in the docket are listed at
                                                  District                                                     (Air-4), U.S. Environmental Protection                        www.regulations.gov, some information
                                                                                                               Agency Region IX, 75 Hawthorne Street,                        may be publicly available only at the
                                                  AGENCY: Environmental Protection                             San Francisco, CA 94105–3901.
                                                  Agency (EPA).                                                                                                              hard copy location (e.g., copyrighted
                                                                                                                  Instructions: All comments will be
                                                                                                                                                                             material, large maps), and some may not
                                                  ACTION:    Direct final rule.                                included in the public docket without
                                                                                                                                                                             be publicly available in either location
                                                                                                               change and may be made available
                                                                                                                                                                             (e.g., CBI). To inspect the hard copy
                                                  SUMMARY:   The Environmental Protection                      online at www.regulations.gov,
                                                                                                                                                                             materials, please schedule an
                                                  Agency (EPA) is taking direct final                          including any personal information
                                                                                                                                                                             appointment during normal business
                                                  action to approve revisions to the Placer                    provided, unless the comment includes
                                                                                                                                                                             hours with the contact listed in the FOR
                                                  County Air Pollution Control District                        Confidential Business Information (CBI)
                                                                                                                                                                             FURTHER INFORMATION CONTACT section.
                                                  (PCAPCD) and Ventura County Air                              or other information whose disclosure is
                                                  Pollution Control District (VCAPCD)                          restricted by statute. Information that                       FOR FURTHER INFORMATION CONTACT:
                                                  portions of the California State                             you consider CBI or otherwise protected                       Arnold Lazarus, EPA Region IX, (415)
                                                  Implementation Plan (SIP). These                             should be clearly identified as such and                      947–3024, lazarus.arnold@epa.gov.
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                                                  revisions concern volatile organic                           should not be submitted through                               SUPPLEMENTARY INFORMATION:
                                                  compound (VOC) emissions from the                            www.regulations.gov or email.                                 Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                  surface coating of plastic parts and                         www.regulations.gov is an ‘‘anonymous                         and ‘‘our’’ refer to EPA.
                                                  products, metalworking fluids (MWF)                          access’’ system, and EPA will not know
                                                  and direct-contact lubricants (DCL). We                      your identity or contact information                          Table of Contents
                                                  are approving local rules that regulate                      unless you provide it in the body of                          I. The State’s Submittal
                                                  these emission sources under the Clean                       your comment. If you send email                                  A. What rules did the State submit?
                                                  Air Act (CAA or the Act).                                    directly to EPA, your email address will                         B. Are there other versions of these rules?



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Document Created: 2015-12-18 11:36:45
Document Modified: 2015-12-18 11:36:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on April 27, 2015.
ContactIrene Shandruk, (215) 814-2166, or by email at [email protected]
FR Citation80 FR 16286 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Reporting and Recordkeeping Requirements and Sulfur Oxides

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