80 FR 16568 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to Allegheny County Rules; Preconstruction Permit Requirements-Nonattainment; New Source Review
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 60 (March 30, 2015)
Federal Register Volume 80, Issue 60 (March 30, 2015)
| Page Range | 16568-16571 | |
| FR Document | 2015-07106 |
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)] [Rules and Regulations] [Pages 16568-16571] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07106] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0636; FRL-9922-77-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to Allegheny County Rules; Preconstruction Permit Requirements--Nonattainment; New Source Review AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- [[Page 16569]] SUMMARY: The Environmental Protection Agency (EPA) is granting full approval of a revision to the Commonwealth of Pennsylvania State Implementation Plan (SIP), submitted on June 25, 2012 (June 2012 SIP submittal) by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD) as amended by PADEP in letters dated February 20, 2013 and June 27, 2014. The SIP revision pertains to ACHD's Nonattainment New Source Review (NNSR) preconstruction permitting regulations which incorporate by reference Pennsylvania's NNSR provisions. This action is being taken under the Clean Air Act. DATES: This rule is effective on April 29, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2015-0636. 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, and 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105; and Allegheny County Health Department, Bureau of Environmental Quality, Division of Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201. FOR FURTHER INFORMATION CONTACT: Paul Wentworth, (215) 814-2183, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background and Summary of SIP Revision On December 17, 2014 (79 FR 75104), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed full approval of the June 2012 SIP submittal which included revisions to the ACHD's NNSR program contained in the Pennsylvania SIP. The revisions to ACHD's NNSR program include ACHD's Article XXI which incorporates by reference Pennsylvania's NNSR provisions at 25 Pa. Code 127.201-127.217. The June 2012 SIP submittal also includes other changes to ACHD's NNSR program including changes to regulatory definitions and text, deletions of certain provisions, reordered paragraphs, and inclusion of plantwide applicability limit requirements. ACHD amended the ACHD NNSR regulations at Article XXI, sections 2101 and 2102, to meet the requirements of 40 CFR 51.165. This approval action replaces the previous version of Article XXI which was approved into the Pennsylvania SIP on November 14, 2002. See 67 FR 68935. The June 2012 SIP submittal includes amendments to the following sections of ACHD's Rules and Regulations, Article XXI: section 2101.20 (Definitions); section 2102.04 (Installation permits); section 2102.06 (Major Sources Locating in or Impacting a Nonattainment Area); and section 2102.08 (Emissions Offset Registration). After the June 2012 SIP submittal, PADEP had provided two letters clarifying the June 2012 SIP submittal. In a letter dated February 20, 2013, PADEP stated it had inadvertently redacted via strike out certain regulatory text from one provision in an ACHD regulation submitted for SIP approval in the June 2012 SIP submittal. PADEP accidentally deleted language at the end of subsection (f) of ACHD's Rules and Regulations, Article XXI, section 2102.06(f) (Requirements for Modeling). The February 20, 2013 PADEP letter requested EPA to include the full text of Article XXI, section 2102.06(f) for the revised Pennsylvania SIP including the text inadvertently deleted in the June 2012 SIP submission.\1\ --------------------------------------------------------------------------- \1\ For the Pennsylvania SIP, ACHD's Article XXI, section 2102.06(f) (Requirements for Modeling) should read as follows: ``Where air quality models are used to meet the provisions of this section, modeling shall be based on the applicable models and other requirements specified in 40 CFR part 51 Appendix W (Guideline on Air Quality Models). Where an air quality model is inappropriate, the model may be modified or another model may be substituted only on a case-by-case basis at the Department's discretion upon written approval by the administrator of EPA. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in 40 CFR 51.102.'' --------------------------------------------------------------------------- In a second letter from PADEP dated June 27, 2014, PADEP modified the June 2012 SIP submittal and withdrew from its SIP submittal specific language from an ACHD regulation included in the June 2012 SIP submittal. The regulatory text PADEP withdrew from our consideration for inclusion in the Pennsylvania SIP was regulatory text in ACHD's Rules and Regulations, Article XXI, section 2102.06(b)(1), (b)(3)(a), (e), and (g) which provided a process for automatically incorporating additions, revisions, or deletions from Pennsylvania's NNSR regulations into ACHD's SIP effective on the date of revision to Pennsylvania's NNSR regulations.\2\ See 79 FR 75104 (discussing withdrawn text language). As a result of PADEP's June 27, 2014 letter, the language withdrawn by Pennsylvania from the June 2012 SIP submittal is not part of this rulemaking action. However, as a result of PADEP's February 20, 2013 letter, the inadvertently redacted language from ACHD's Rules and Regulations, Article XXI, section 2102.06(f) is part of this rulemaking language. --------------------------------------------------------------------------- \2\ The language excluded from the Pennsylvania SIP from ACHD's Rules and Regulations, Article XXI, section 2102.06(b)(1), (b)(3)(a), (e), and (g) is the following language ``[a]dditions, revisions, or deletions to such regulations by the Commonwealth are incorporated in this Subsection and are effective on the date established by the state regulation, unless otherwise established by regulation under this Article.'' --------------------------------------------------------------------------- EPA's November 17, 2014 technical support document (TSD) explains in detail the revisions to the Pennsylvania SIP contained in the Commonwealth's June 2012 SIP submittal. The TSD is included in the docket for this rulemaking action and is available online at www.regulations.gov. The TSD also explains in detail the language withdrawn from ACHD's Article XXI, section 2102.06, includes EPA's analysis of the June 2012 SIP submittal, and provides support for the proposed and final actions on the submittal. Because ACHD incorporated by reference Pennsylvania's SIP approved NNSR regulations into ACHD's NNSR regulations, EPA stated in the NPR there was no need to re- evaluate the same NNSR elements EPA had already approved for the Pennsylvania SIP on May 14, 2012. As discussed in the NPR and in the TSD, the June 2012 SIP submittal includes revisions to ACHD's NNSR program which are consistent with the CAA, with currently promulgated Federal NNSR regulations, and with NNSR regulations which EPA has previously approved into Pennsylvania's SIP. The NPR and TSD contain detailed discussions of the Pennsylvania SIP submission for Allegheny County and EPA's rationale for approving the June 2012 SIP submittal which addresses NNSR requirements in the CAA and its implementing regulations in 40 CFR 51.165 applicable as of the time of the June 2012 SIP submittal. Therefore, those discussions will not be restated [[Page 16570]] here. No comments were received on the NPR. II. Final Action EPA is approving as a revision to the Pennsylvania SIP the Commonwealth's June 2012 SIP submittal, as amended by PADEP in letters dated February 20, 2013 and June 27, 2014, which includes ACHD's NNSR regulations at Article XXI, sections 2101 and 2102. III. Incorporation by Reference In this rulemaking action, the EPA is finalizing regulatory text proposing to include in a final rule that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the ACHD regulations at Article XXI, sections 2101 and 2102 regarding Nonattainment New Source Review permitting requirements for Allegheny County. The EPA has made and will continue to make, these documents generally available through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). IV. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission thaIt complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule 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. This rule 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 29, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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 may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) This final rule approves Allegheny County's nonattainment new source review (NNSR) preconstruction air quality permit program. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: March 13, 2015. William C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart NN--Pennsylvania 0 2. In Sec. 52.2020, the table in paragraph (c)(2) is amended by: 0 a. Under Part A, revising the 7th entry for ``2101.20''; and 0 b. Under Part B, revising the entries for ``2102.04'', ``2102.06'', ``2102.08.'' Sec. 52.2020 Identification of plan. * * * * * (c) * * * (2) * * * ---------------------------------------------------------------------------------------------------------------- State Additional explanation/ Article XX or XXI citation Title/subject effective date EPA approval date Sec. 52.2063 citation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part A--General ---------------------------------------------------------------------------------------------------------------- [[Page 16571]] * * * * * * * 2101.20........................ Definitions....... 4/3/2012 3/30/2015 [Insert Revise the latest entry Federal Register dated 11/26/14, 79 FR citation]. 70471 by revising the existing definition of ``Major Source'' and ``Major Modification''. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part B--Permits Generally ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2102.04........................ Permits Generally. 4/3/2012 3/30/2015 [Insert Federal Register citation]. * * * * * * 2102.06........................ Major Sources 4/3/2012 3/30/2015 [Insert As per request by PADEP Locating in or Federal Register in a letter to EPA Impacting a citation]. dated June 27, 2014, Nonattainment the following language Area. appearing at paragraph b.1; subparagraph b.3.A; and Subsections e and g, is excluded from the SIP: ``Additions, revisions, or deletions to such regulations by the Commonwealth are incorporated in this Subsection and are effective on the date established by the state regulation, unless otherwise established by regulation under this Article.'' As per letter from PADEP dated 2/20/2013, the June 25, 2012 SIP submission inadvertently deleted language from the end of subsection (f) of the regulation submitted with SIP submittal. The SIP revision incorporating Article XXI Sec. 2102.06(f) should read as follows ``f. Requirements for Modeling. Where air quality models are used to meet the provisions of this section, modeling shall be based on the applicable models and other requirements specified in 40 CFR Part 51 Appendix W (Guideline on Air Quality Models). Where an air quality model is inappropriate, the model may be modified or another model may be substituted only on a case-by-case basis at the Department's discretion upon written approval by the administrator of EPA. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in 40 CFR 51.102.'' * * * * * * * 2102.08........................ Emission Offset 4/3/2012 3/30/2015 [Insert Registration. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-07106 Filed 3-27-15; 8:45 am] BILLING CODE 6560-50-P
![16568 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
• Is not an economically significant Business Regulatory Enforcement List of Subjects in 40 CFR Part 52
regulatory action based on health or Fairness Act of 1996, generally provides
safety risks subject to Executive Order that before a rule may take effect, the Environmental protection, Air
13045 (62 FR 19885, April 23, 1997); agency promulgating the rule must pollution control, Incorporation by
• Is not a significant regulatory action submit a rule report, which includes a reference, Intergovernmental relations
subject to Executive Order 13211 (66 FR copy of the rule, to each House of the Lead, Reporting and recordkeeping
28355, May 22, 2001); Congress and to the Comptroller General requirements, Volatile organic
• Is not subject to requirements of of the United States. EPA will submit a compounds.
Section 12(d) of the National report containing this action and other Dated: March 11, 2015.
Technology Transfer and Advancement required information to the U.S. Senate, Heather McTeer Toney,
Act of 1995 (15 U.S.C. 272 note) because the U.S. House of Representatives, and Regional Administrator, Region 4.
application of those requirements would the Comptroller General of the United
be inconsistent with the Clean Air Act; States prior to publication of the rule in 40 CFR part 52 is amended as follows:
and the Federal Register. A major rule
• Does not provide EPA with the cannot take effect until 60 days after it PART 52—APPROVAL AND
discretionary authority to address, as is published in the Federal Register. PROMULGATION OF
appropriate, disproportionate human This action is not a ‘‘major rule’’ as IMPLEMENTATION PLANS
health or environmental effects, using defined by 5 U.S.C. 804(2).
practicable and legally permissible Under section 307(b)(1) of the CAA, ■ 1. The authority citation for part 52
methods, under Executive Order 12898 petitions for judicial review of this continues to read as follows:
(59 FR 7629, February 16, 1994). action must be filed in the United States Authority: 42 U.S.C. 7401 et seq.
In addition, the SIP is not approved Court of Appeals for the appropriate
to apply on any Indian reservation land circuit by May 29, 2015. Filing a Subpart Z—Mississippi
or in any other area where EPA or an petition for reconsideration by the
Indian tribe has demonstrated that a Administrator of this final rule does not ■ 2. Section 52.1270(e) is amended by
tribe has jurisdiction. In those areas of affect the finality of this action for the adding a new entry ‘‘110(a)(1) and (2)
Indian country, the rule does not have purposes of judicial review nor does it Infrastructure Requirements for the 2008
tribal implications and will not impose extend the time within which a petition Lead National Ambient Air Quality
substantial direct costs on tribal for judicial review may be filed, and Standards’’ at the end of the table to
governments or preempt tribal law as shall not postpone the effectiveness of read as follows:
specified by Executive Order 13175 (65 such rule or action. This action may not
§ 52.1270 Identification of plan.
FR 67249, November 9, 2000). be challenged later in proceedings to
The Congressional Review Act, 5 enforce its requirements. See section * * * * *
U.S.C. 801 et seq., as added by the Small 307(b)(2). (e) * * *
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Applicable State submittal
geographic or
Name of nonregulatory SIP provision date/effective EPA approval date Explanation
nonattainment date
area
* * * * * * *
110(a)(1) and (2) Infrastructure Require- 11/4/2011 3/30/15 [Insert citation of With the exception of provisions per-
ments for the 2008 Lead National Ambi- publication]. taining to PSD permitting requirements
ent Air Quality Standards in sections 110(a)(2)(C), prong 3 of D(i)
110(a)(2)(E)(ii) Infrastructure Require- and (J) and the majority of require-
ment for 2008 Lead National Ambient ments respecting significant portion of
Air Quality Standards. income of section 110(a)(2)(E)(ii) (re-
lated to section 128(a)(2)).
■ 3. Section 52.1272 is amended by significant portion of income from ENVIRONMENTAL PROTECTION
adding paragraph (c) to read as follows: persons subject to permits or AGENCY
enforcement orders issued by the
§ 52.1272 Approval status. 40 CFR Part 52
Mississippi Boards, the Mississippi SIP
* * * * * does not meet the section 128(a)(1) [EPA–R03–OAR–2015–0636; FRL–9922–77–
(c) Disapproval. With respect to the majority requirements respecting Region 3]
significant portion of income significant portion of income, and as
requirement of section 128(a)(1), the such, EPA is today proposing to Approval and Promulgation of Air
provisions included in the October 11, disapprove the State’s 110(a)(2)(E)(ii) Quality Implementation Plans;
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2012, infrastructure SIP submission did submission as it relates only to this Pennsylvania; Revision to Allegheny
not preclude at least a majority of the portion of section 128(a)(1). County Rules; Preconstruction Permit
members of the Mississippi Board from Requirements—Nonattainment; New
[FR Doc. 2015–06765 Filed 3–27–15; 8:45 am]
receiving a significant portion of their Source Review
BILLING CODE 6560–50–P
income from persons subject to permits AGENCY: Environmental Protection
or enforcement orders issued by the Agency.
Mississippi Boards. Because a majority
ACTION: Final rule.
of board members may still derive a
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SUMMARY: The Environmental Protection revisions to ACHD’s NNSR program ACHD’s Rules and Regulations, Article
Agency (EPA) is granting full approval include ACHD’s Article XXI which XXI, section 2102.06(b)(1), (b)(3)(a), (e),
of a revision to the Commonwealth of incorporates by reference and (g) which provided a process for
Pennsylvania State Implementation Plan Pennsylvania’s NNSR provisions at 25 automatically incorporating additions,
(SIP), submitted on June 25, 2012 (June Pa. Code 127.201–127.217. The June revisions, or deletions from
2012 SIP submittal) by the Pennsylvania 2012 SIP submittal also includes other Pennsylvania’s NNSR regulations into
Department of Environmental Protection changes to ACHD’s NNSR program ACHD’s SIP effective on the date of
(PADEP) on behalf of the Allegheny including changes to regulatory revision to Pennsylvania’s NNSR
County Health Department (ACHD) as definitions and text, deletions of certain regulations.2 See 79 FR 75104
amended by PADEP in letters dated provisions, reordered paragraphs, and (discussing withdrawn text language).
February 20, 2013 and June 27, 2014. inclusion of plantwide applicability As a result of PADEP’s June 27, 2014
The SIP revision pertains to ACHD’s limit requirements. letter, the language withdrawn by
Nonattainment New Source Review ACHD amended the ACHD NNSR Pennsylvania from the June 2012 SIP
(NNSR) preconstruction permitting regulations at Article XXI, sections 2101 submittal is not part of this rulemaking
regulations which incorporate by and 2102, to meet the requirements of action. However, as a result of PADEP’s
reference Pennsylvania’s NNSR 40 CFR 51.165. This approval action February 20, 2013 letter, the
provisions. This action is being taken replaces the previous version of Article inadvertently redacted language from
under the Clean Air Act. XXI which was approved into the ACHD’s Rules and Regulations, Article
DATES: This rule is effective on April 29, Pennsylvania SIP on November 14, XXI, section 2102.06(f) is part of this
2015. 2002. See 67 FR 68935. rulemaking language.
ADDRESSES: EPA has established a
The June 2012 SIP submittal includes EPA’s November 17, 2014 technical
docket for this action under Docket ID amendments to the following sections of support document (TSD) explains in
Number EPA–R03–OAR–2015–0636. All ACHD’s Rules and Regulations, Article detail the revisions to the Pennsylvania
documents in the docket are listed in XXI: section 2101.20 (Definitions); SIP contained in the Commonwealth’s
the www.regulations.gov Web site. section 2102.04 (Installation permits); June 2012 SIP submittal. The TSD is
Although listed in the electronic docket, section 2102.06 (Major Sources Locating included in the docket for this
some information is not publicly in or Impacting a Nonattainment Area); rulemaking action and is available
available, i.e., confidential business and section 2102.08 (Emissions Offset online at www.regulations.gov. The TSD
information (CBI) or other information Registration). After the June 2012 SIP also explains in detail the language
whose disclosure is restricted by statute. submittal, PADEP had provided two withdrawn from ACHD’s Article XXI,
Certain other material, such as letters clarifying the June 2012 SIP section 2102.06, includes EPA’s analysis
copyrighted material, is not placed on submittal. In a letter dated February 20, of the June 2012 SIP submittal, and
the Internet and will be publicly 2013, PADEP stated it had inadvertently provides support for the proposed and
available only in hard copy form. redacted via strike out certain regulatory final actions on the submittal. Because
Publicly available docket materials are text from one provision in an ACHD ACHD incorporated by reference
regulation submitted for SIP approval in Pennsylvania’s SIP approved NNSR
available either electronically through
the June 2012 SIP submittal. PADEP regulations into ACHD’s NNSR
www.regulations.gov or in hard copy for
accidentally deleted language at the end regulations, EPA stated in the NPR there
public inspection during normal
of subsection (f) of ACHD’s Rules and was no need to re-evaluate the same
business hours at the Air Protection
Regulations, Article XXI, section NNSR elements EPA had already
Division, U.S. Environmental Protection
2102.06(f) (Requirements for Modeling).
Agency, Region III, and 1650 Arch approved for the Pennsylvania SIP on
The February 20, 2013 PADEP letter
Street, Philadelphia, Pennsylvania May 14, 2012. As discussed in the NPR
requested EPA to include the full text of
19103. Copies of the State submittal are and in the TSD, the June 2012 SIP
Article XXI, section 2102.06(f) for the
available at the Pennsylvania submittal includes revisions to ACHD’s
revised Pennsylvania SIP including the
Department of Environmental NNSR program which are consistent
text inadvertently deleted in the June
Protection, Bureau of Air Quality with the CAA, with currently
2012 SIP submission.1
Control, P.O. Box 8468, 400 Market In a second letter from PADEP dated promulgated Federal NNSR regulations,
Street, Harrisburg, Pennsylvania 17105; June 27, 2014, PADEP modified the June and with NNSR regulations which EPA
and Allegheny County Health 2012 SIP submittal and withdrew from has previously approved into
Department, Bureau of Environmental its SIP submittal specific language from Pennsylvania’s SIP.
Quality, Division of Air Quality, 301 an ACHD regulation included in the The NPR and TSD contain detailed
39th Street, Pittsburgh, Pennsylvania June 2012 SIP submittal. The regulatory discussions of the Pennsylvania SIP
15201. text PADEP withdrew from our submission for Allegheny County and
FOR FURTHER INFORMATION CONTACT: Paul consideration for inclusion in the EPA’s rationale for approving the June
Wentworth, (215) 814–2183, or by email Pennsylvania SIP was regulatory text in 2012 SIP submittal which addresses
at wentworth.paul@epa.gov. NNSR requirements in the CAA and its
1 For the Pennsylvania SIP, ACHD’s Article XXI, implementing regulations in 40 CFR
SUPPLEMENTARY INFORMATION:
section 2102.06(f) (Requirements for Modeling) 51.165 applicable as of the time of the
I. Background and Summary of SIP should read as follows: ‘‘Where air quality models June 2012 SIP submittal. Therefore,
are used to meet the provisions of this section, those discussions will not be restated
Revision modeling shall be based on the applicable models
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On December 17, 2014 (79 FR 75104), and other requirements specified in 40 CFR part 51
2 The language excluded from the Pennsylvania
EPA published a notice of proposed Appendix W (Guideline on Air Quality Models).
Where an air quality model is inappropriate, the SIP from ACHD’s Rules and Regulations, Article
rulemaking (NPR) for the model may be modified or another model may be XXI, section 2102.06(b)(1), (b)(3)(a), (e), and (g) is
Commonwealth of Pennsylvania. The substituted only on a case-by-case basis at the the following language ‘‘[a]dditions, revisions, or
NPR proposed full approval of the June Department’s discretion upon written approval by deletions to such regulations by the Commonwealth
the administrator of EPA. In addition, use of a are incorporated in this Subsection and are effective
2012 SIP submittal which included modified or substituted model must be subject to on the date established by the state regulation,
revisions to the ACHD’s NNSR program notice and opportunity for public comment under unless otherwise established by regulation under
contained in the Pennsylvania SIP. The procedures set forth in 40 CFR 51.102.’’ this Article.’’
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State effective
Article XX or XXI citation Title/subject EPA approval date Additional explanation/§ 52.2063 citation
date
* * * * * * *
2101.20 .......................... Definitions .................... 4/3/2012 3/30/2015 [Insert Fed- Revise the latest entry dated 11/26/14, 79 FR
eral Register cita- 70471 by revising the existing definition of
tion]. ‘‘Major Source’’ and ‘‘Major Modification’’.
* * * * * * *
Part B—Permits Generally
* * * * * * *
2102.04 .......................... Permits Generally ........ 4/3/2012 3/30/2015 [Insert Fed-
eral Register cita-
tion].
* * * * * *
2102.06 .......................... Major Sources Locating 4/3/2012 3/30/2015 [Insert Fed- As per request by PADEP in a letter to EPA
in or Impacting a eral Register cita- dated June 27, 2014, the following language
Nonattainment Area. tion]. appearing at paragraph b.1; subparagraph
b.3.A; and Subsections e and g, is excluded
from the SIP: ‘‘Additions, revisions, or dele-
tions to such regulations by the Common-
wealth are incorporated in this Subsection
and are effective on the date established by
the state regulation, unless otherwise estab-
lished by regulation under this Article.’’
As per letter from PADEP dated 2/20/2013, the
June 25, 2012 SIP submission inadvertently
deleted language from the end of subsection
(f) of the regulation submitted with SIP sub-
mittal. The SIP revision incorporating Article
XXI § 2102.06(f) should read as follows ‘‘f.
Requirements for Modeling. Where air quality
models are used to meet the provisions of
this section, modeling shall be based on the
applicable models and other requirements
specified in 40 CFR Part 51 Appendix W
(Guideline on Air Quality Models). Where an
air quality model is inappropriate, the model
may be modified or another model may be
substituted only on a case-by-case basis at
the Department’s discretion upon written ap-
proval by the administrator of EPA. In addi-
tion, use of a modified or substituted model
must be subject to notice and opportunity for
public comment under procedures set forth in
40 CFR 51.102.’’
* * * * * * *
2102.08 .......................... Emission Offset Reg- 4/3/2012 3/30/2015 [Insert Fed-
istration. eral Register cita-
tion].
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION ACTION: Final rule.
[FR Doc. 2015–07106 Filed 3–27–15; 8:45 am] AGENCY
SUMMARY: The Environmental Protection
BILLING CODE 6560–50–P
40 CFR Part 52 Agency (EPA) is approving a State
Implementation Plan (SIP) revision
[EPA–R08–OAR–2012–0352; FRL–9925–51– submitted by the State of Montana. On
Region 8] July 13, 2011, the Governor of
asabaliauskas on DSK5VPTVN1PROD with RULES
Approval and Promulgation of Air Montana’s designee submitted to EPA a
Quality Implementation Plans; State of second 10-year maintenance plan for the
Montana Second 10-Year Carbon Billings area for the carbon monoxide
Monoxide Maintenance Plan for (CO) National Ambient Air Quality
Billings Standard (NAAQS). This maintenance
plan addresses maintenance of the CO
AGENCY: Environmental Protection NAAQS for a second 10-year period
Agency (EPA). beyond the original redesignation. EPA
VerDate Sep<11>2014 22:39 Mar 27, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1](https://thefederalregister.org/doc/80_FR_16628/page/4.svg)
Document Created: 2015-12-18 11:32:49
Document Modified: 2015-12-18 11:32:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on April 29, 2015. | |
| Contact | Paul Wentworth, (215) 814-2183, or by email at [email protected] | |
| FR Citation | 80 FR 16568 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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