81_FR_50505 81 FR 50358 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Measurement and Reporting of Condensable Particulate Matter Emissions

81 FR 50358 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Measurement and Reporting of Condensable Particulate Matter Emissions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range50358-50360
FR Document2016-18156

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision amends two regulations to clarify testing and sampling methods for stationary sources of particulate matter (PM) and adds the requirement to measure and report filterable and condensable PM. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50358-50360]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18156]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0005; FRL-9949-94-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Measurement and Reporting of Condensable Particulate 
Matter Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. This SIP revision amends two regulations to clarify 
testing and sampling methods for stationary sources of particulate 
matter (PM) and adds the requirement to measure and report filterable 
and condensable PM. EPA is approving this revision in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on August 31, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0005. 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 through www.regulations.gov or may be viewed 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: Maria A. Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 8, 2016 (81 FR 20598), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA 
proposed approval of amendments to chapters 121 and 139 of title 25, 
Environmental Protection, of the Pennsylvania Code (25 Pa. Code). The 
formal SIP revision was submitted by the Commonwealth of Pennsylvania 
on June 15, 2015.

II. Summary of SIP Revision

    On June 25, 2015, the Commonwealth of Pennsylvania submitted a 
formal SIP revision that amends chapters 121 and 139 of 25 Pa. Code. 
Amendments to 25 Pa. Code section 121.1 in chapter 121 add definitions 
for the terms ``condensable particulate matter'' and ``filterable 
particulate matter.'' The amendments to 25 Pa. Code section 139.12 in 
chapter 139 add the requirement to measure and report filterable and 
condensable PM and explain the compliance demonstration process. The 
amendment to 25 Pa. Code section 139.53 specifies to whom monitoring 
reports must be submitted. Other specific requirements of chapters 121 
and 139 of 25 Pa. Code and the rationale for EPA's proposed action are 
explained in the NPR and will not be restated here. No public comments 
were received on the NPR.

III. Final Action

    EPA is approving the June 25, 2015 Pennsylvania SIP revision that 
amends specific provisions within chapters 121 and 139 of 25 Pa. Code. 
The amendments clarify testing and sampling methods and reporting 
requirements for stationary sources of PM and add the requirement to 
measure and report filterable and condensable PM.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the revised Pennsylvania regulations, published in the 
Pennsylvania Bulletin, Vol. 44 No. 15, April 12, 2014, and effective on 
April 12, 2014. The EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or may be viewed at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. 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

[[Page 50359]]

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 30, 2016. 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 rulemaking action, approving amendments to Pennsylvania's 
regulations regarding testing and sampling methods for stationary 
sources of PM, including filterable and condensable PM, 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, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: July 1, 2016.
Shawn M. Garvin,
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)(1) is amended by 
revising the entries ``Section 121.1'', ``Section 139.12'', and 
``Section 139.53'' to read as follows:


Sec.  52.2020   Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                    State                               Additional explanation/
    State citation          Title/subject      effective date    EPA Approval date      Sec.   52.2063 citation
----------------------------------------------------------------------------------------------------------------
                          Title 25--Environmental Protection Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
                                         Chapter 121--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 121.1.........  Definitions..........      04/12/2014  8/1/16 [Insert         Adds definitions for the
                                                                Federal Register       terms ``condensable
                                                                citation].             particulate matter'' and
                                                                                       ``filterable particulate
                                                                                       matter.''
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 139--Sampling and Testing
                            Subchapter A--Sampling and Testing Methods and Procedures
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                               Stationary Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 139.12........  Emissions of               04/12/2014  8/1/16 [Insert         Amends section 139.12.
                         particulate matter.                    Federal Register
                                                                citation].

[[Page 50360]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                               Subchapter B--Monitoring Duties of Certain Sources
                                                     General
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 139.53........  Filing monitoring          04/12/2014  8/1/16 [Insert         Amends section 139.53.
                         reports.                               Federal Register
                                                                citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-18156 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P



                                              50358                    Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations

                                                                                                                   EPA-APPROVED MAINE REGULATIONS
                                                                                                                                                                                            EPA approval date
                                                                                                                                                                      State effective
                                                         State citation                                           Title/subject                                                            EPA approval date and   Explanations
                                                                                                                                                                           date                  citation 1


                                                       *                              *                           *                                 *                         *                    *                  *
                                              Chapter 100 ......................     Definitions .................................................................   May 22, 2016 ...   August 1, 2016 [Insert
                                                                                                                                                                                          Federal Register cita-
                                                                                                                                                                                          tion].

                                                       *                              *                  *                            *                                      *                     *                  *
                                              Chapter 115 ......................     Emission License Regulation ...................................                 November 6,        August 1, 2016 [Insert
                                                                                                                                                                       2012.              Federal Register cita-
                                                                                                                                                                                          tion].

                                                             *                            *                           *                             *                         *                      *                *
                                                  1 In
                                                   order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
                                              umn for the particular provision.


                                              *          *       *       *       *                                available only in hard copy form.                                 Other specific requirements of chapters
                                              [FR Doc. 2016–17830 Filed 7–29–16; 8:45 am]                         Publicly available docket materials are                           121 and 139 of 25 Pa. Code and the
                                              BILLING CODE 6560–50–P                                              available through www.regulations.gov                             rationale for EPA’s proposed action are
                                                                                                                  or may be viewed during normal                                    explained in the NPR and will not be
                                                                                                                  business hours at the Air Protection                              restated here. No public comments were
                                              ENVIRONMENTAL PROTECTION                                            Division, U.S. Environmental Protection                           received on the NPR.
                                              AGENCY                                                              Agency, Region III, 1650 Arch Street,
                                                                                                                                                                                    III. Final Action
                                                                                                                  Philadelphia, Pennsylvania 19103.
                                              40 CFR Part 52                                                      Copies of the State submittal are                                   EPA is approving the June 25, 2015
                                              [EPA–R03–OAR–2016–0005; FRL–9949–94–                                available at the Pennsylvania                                     Pennsylvania SIP revision that amends
                                              Region 3]                                                           Department of Environmental                                       specific provisions within chapters 121
                                                                                                                  Protection, Bureau of Air Quality                                 and 139 of 25 Pa. Code. The
                                              Approval and Promulgation of Air
                                                                                                                  Control, P.O. Box 8468, 400 Market                                amendments clarify testing and
                                              Quality Implementation Plans;
                                                                                                                  Street, Harrisburg, Pennsylvania 17105.                           sampling methods and reporting
                                              Pennsylvania; Measurement and
                                              Reporting of Condensable Particulate                                FOR FURTHER INFORMATION CONTACT:                                  requirements for stationary sources of
                                              Matter Emissions                                                    Maria A. Pino, (215) 814–2181, or by                              PM and add the requirement to measure
                                                                                                                  email at pino.maria@epa.gov.                                      and report filterable and condensable
                                              AGENCY:  Environmental Protection                                   SUPPLEMENTARY INFORMATION:                                        PM.
                                              Agency (EPA).
                                              ACTION: Final rule.                                                 I. Background                                                     IV. Incorporation by Reference
                                                                                                                     On April 8, 2016 (81 FR 20598), EPA                               In this rulemaking action, the EPA is
                                              SUMMARY:    The Environmental Protection                            published a notice of proposed
                                              Agency (EPA) is approving a state                                                                                                     finalizing regulatory text that includes
                                                                                                                  rulemaking (NPR) for the                                          incorporation by reference. In
                                              implementation plan (SIP) revision                                  Commonwealth of Pennsylvania. In the
                                              submitted by the Commonwealth of                                                                                                      accordance with requirements of 1 CFR
                                                                                                                  NPR, EPA proposed approval of                                     51.5, the EPA is finalizing the
                                              Pennsylvania. This SIP revision amends                              amendments to chapters 121 and 139 of
                                              two regulations to clarify testing and                                                                                                incorporation by reference of the revised
                                                                                                                  title 25, Environmental Protection, of                            Pennsylvania regulations, published in
                                              sampling methods for stationary sources                             the Pennsylvania Code (25 Pa. Code).
                                              of particulate matter (PM) and adds the                                                                                               the Pennsylvania Bulletin, Vol. 44 No.
                                                                                                                  The formal SIP revision was submitted                             15, April 12, 2014, and effective on
                                              requirement to measure and report                                   by the Commonwealth of Pennsylvania
                                              filterable and condensable PM. EPA is                                                                                                 April 12, 2014. The EPA has made, and
                                                                                                                  on June 15, 2015.                                                 will continue to make, these documents
                                              approving this revision in accordance
                                              with the requirements of the Clean Air                              II. Summary of SIP Revision                                       generally available electronically
                                              Act (CAA).                                                                                                                            through www.regulations.gov and/or
                                                                                                                     On June 25, 2015, the Commonwealth
                                                                                                                                                                                    may be viewed at the appropriate EPA
                                              DATES: This final rule is effective on                              of Pennsylvania submitted a formal SIP
                                                                                                                                                                                    office (see the ADDRESSES section of this
                                              August 31, 2016.                                                    revision that amends chapters 121 and
                                                                                                                                                                                    preamble for more information).
                                              ADDRESSES: EPA has established a                                    139 of 25 Pa. Code. Amendments to 25
                                              docket for this action under Docket ID                              Pa. Code section 121.1 in chapter 121                             V. Statutory and Executive Order
                                              Number EPA–R03–OAR–2016–0005. All                                   add definitions for the terms                                     Reviews
                                              documents in the docket are listed in                               ‘‘condensable particulate matter’’ and                            A. General Requirements
                                              the www.regulations.gov Web site.                                   ‘‘filterable particulate matter.’’ The
                                              Although listed in the electronic docket,                           amendments to 25 Pa. Code section                                   Under the CAA, the Administrator is
sradovich on DSK3GMQ082PROD with RULES




                                              some information is not publicly                                    139.12 in chapter 139 add the                                     required to approve a SIP submission
                                              available, i.e., confidential business                              requirement to measure and report                                 that complies with the provisions of the
                                              information (CBI) or other information                              filterable and condensable PM and                                 CAA and applicable federal regulations.
                                              whose disclosure is restricted by statute.                          explain the compliance demonstration                              42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                              Certain other material, such as                                     process. The amendment to 25 Pa. Code                             Thus, in reviewing SIP submissions,
                                              copyrighted material, is not placed on                              section 139.53 specifies to whom                                  EPA’s role is to approve state choices,
                                              the Internet and will be publicly                                   monitoring reports must be submitted.                             provided that they meet the criteria of


                                         VerDate Sep<11>2014         18:26 Jul 29, 2016       Jkt 238001   PO 00000       Frm 00076     Fmt 4700        Sfmt 4700    E:\FR\FM\01AUR1.SGM    01AUR1


                                                                  Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations                                                                 50359

                                              the CAA. Accordingly, this action                             health or environmental effects, using                         affect the finality of this action for the
                                              merely approves state law as meeting                          practicable and legally permissible                            purposes of judicial review nor does it
                                              federal requirements and does not                             methods, under Executive Order 12898                           extend the time within which a petition
                                              impose additional requirements beyond                         (59 FR 7629, February 16, 1994).                               for judicial review may be filed, and
                                              those imposed by state law. For that                             In addition, this rule does not have                        shall not postpone the effectiveness of
                                              reason, this action:                                          tribal implications as specified by                            such rule or action. This rulemaking
                                                 • Is not a ‘‘significant regulatory                        Executive Order 13175 (65 FR 67249,                            action, approving amendments to
                                              action’’ subject to review by the Office                      November 9, 2000), because the SIP is                          Pennsylvania’s regulations regarding
                                              of Management and Budget under                                not approved to apply in Indian country                        testing and sampling methods for
                                              Executive Orders 12866 (58 FR 51735,                          located in the state, and EPA notes that                       stationary sources of PM, including
                                              October 4, 1993) and 13563 (76 FR 3821,                       it will not impose substantial direct                          filterable and condensable PM, may not
                                              January 21, 2011);                                            costs on tribal governments or preempt                         be challenged later in proceedings to
                                                 • Does not impose an information                           tribal law.                                                    enforce its requirements. (See section
                                              collection burden under the provisions                                                                                       307(b)(2)).
                                              of the Paperwork Reduction Act (44                            B. Submission to Congress and the
                                              U.S.C. 3501 et seq.);                                         Comptroller General                                            List of Subjects in 40 CFR Part 52
                                                 • Is certified as not having a                                                                                              Environmental protection, Air
                                                                                                               The Congressional Review Act, 5
                                              significant economic impact on a                                                                                             pollution control, Incorporation by
                                                                                                            U.S.C. 801 et seq., as added by the Small
                                              substantial number of small entities
                                                                                                            Business Regulatory Enforcement                                reference, Particulate matter, Reporting
                                              under the Regulatory Flexibility Act (5
                                                                                                            Fairness Act of 1996, generally provides                       and recordkeeping requirements.
                                              U.S.C. 601 et seq.);
                                                 • Does not contain any unfunded                            that before a rule may take effect, the                          Dated: July 1, 2016.
                                              mandate or significantly or uniquely                          agency promulgating the rule must                              Shawn M. Garvin,
                                              affect small governments, as described                        submit a rule report, which includes a
                                                                                                                                                                           Regional Administrator, Region III.
                                              in the Unfunded Mandates Reform Act                           copy of the rule, to each House of the
                                              of 1995 (Pub. L. 104–4);                                      Congress and to the Comptroller General                            40 CFR part 52 is amended as follows:
                                                 • Does not have federalism                                 of the United States. EPA will submit a
                                                                                                            report containing this action and other                        PART 52—APPROVAL AND
                                              implications as specified in Executive
                                                                                                            required information to the U.S. Senate,                       PROMULGATION OF
                                              Order 13132 (64 FR 43255, August 10,
                                                                                                            the U.S. House of Representatives, and                         IMPLEMENTATION PLANS
                                              1999);
                                                 • Is not an economically significant                       the Comptroller General of the United
                                              regulatory action based on health or                          States prior to publication of the rule in                     ■ 1. The authority citation for part 52
                                              safety risks subject to Executive Order                       the Federal Register. A major rule                             continues to read as follows:
                                              13045 (62 FR 19885, April 23, 1997);                          cannot take effect until 60 days after it                          Authority: 42 U.S.C. 7401 et seq.
                                                 • Is not a significant regulatory action                   is published in the Federal Register.
                                              subject to Executive Order 13211 (66 FR                       This action is not a ‘‘major rule’’ as                         Subpart NN—Pennsylvania
                                              28355, May 22, 2001);                                         defined by 5 U.S.C. 804(2).
                                                 • Is not subject to requirements of                        C. Petitions for Judicial Review
                                                                                                                                                                           ■  2. In § 52.2020, the table in paragraph
                                              section 12(d) of the National                                                                                                (c)(1) is amended by revising the entries
                                              Technology Transfer and Advancement                             Under section 307(b)(1) of the CAA,                          ‘‘Section 121.1’’, ‘‘Section 139.12’’, and
                                              Act of 1995 (15 U.S.C. 272 note) because                      petitions for judicial review of this                          ‘‘Section 139.53’’ to read as follows:
                                              application of those requirements would                       action must be filed in the United States
                                                                                                                                                                           § 52.2020    Identification of plan.
                                              be inconsistent with the CAA; and                             Court of Appeals for the appropriate
                                                 • Does not provide EPA with the                            circuit by September 30, 2016. Filing a                        *       *    *       *    *
                                              discretionary authority to address, as                        petition for reconsideration by the                                (c) * * *
                                              appropriate, disproportionate human                           Administrator of this final rule does not                          (1) * * *

                                                                                                                                                                                           Additional
                                                                                                             State
                                               State citation              Title/subject                                            EPA Approval date                                     explanation/
                                                                                                         effective date                                                                § 52.2063 citation

                                                                                                  Title 25—Environmental Protection Article III—Air Resources

                                                                                                                      Chapter 121—General Provisions

                                              Section 121.1      Definitions .........................      04/12/2014           8/1/16 [Insert Federal             Adds definitions for the terms ‘‘condensable particu-
                                                                                                                                   Register citation].                late matter’’ and ‘‘filterable particulate matter.’’

                                                        *                            *                           *                           *                        *                     *                      *

                                                                                                            Chapter 139—Sampling and Testing
                                                                                                Subchapter A—Sampling and Testing Methods and Procedures
sradovich on DSK3GMQ082PROD with RULES




                                                        *                            *                           *                           *                        *                     *                      *

                                                                                                                                 Stationary Sources


                                                       *                      *                               *                            *                         *                  *                          *
                                              Section            Emissions of particulate                   04/12/2014           8/1/16 [Insert Federal             Amends section 139.12.
                                                139.12.           matter.                                                          Register citation].



                                         VerDate Sep<11>2014    17:30 Jul 29, 2016       Jkt 238001   PO 00000       Frm 00077    Fmt 4700       Sfmt 4700   E:\FR\FM\01AUR1.SGM   01AUR1


                                              50360                Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations

                                                                                                                                                                                            Additional
                                                                                                              State
                                               State citation              Title/subject                                             EPA Approval date                                     explanation/
                                                                                                          effective date                                                                § 52.2063 citation


                                                         *                            *                           *                           *                        *                     *               *

                                                                                                        Subchapter B—Monitoring Duties of Certain Sources
                                                                                                                           General


                                                       *                         *                             *                            *                         *                  *                   *
                                              Section             Filing monitoring reports ...              04/12/2014           8/1/16 [Insert Federal             Amends section 139.53.
                                                139.53.                                                                             Register citation].

                                                         *                            *                           *                           *                        *                     *               *



                                              *      *       *       *       *                               information (CBI) or other information                         dated October 20, 2015, withdrew the
                                              [FR Doc. 2016–18156 Filed 7–29–16; 8:45 am]                    whose disclosure is restricted by statute.                     attainment demonstration, including
                                              BILLING CODE 6560–50–P                                         Certain other material, such as                                modeling and weight of evidence,
                                                                                                             copyrighted material, is not placed on                         contingency measures for attainment,
                                                                                                             the Internet and will be publicly                              and the RACM analysis from
                                              ENVIRONMENTAL PROTECTION                                       available only in hard copy form.                              consideration as a SIP revision.
                                              AGENCY                                                         Publicly available docket materials are                        Therefore, those elements are not
                                                                                                             available through www.regulations.gov                          addressed in this rulemaking action.
                                              40 CFR Part 52                                                 or may be viewed during normal                                 II. Summary of SIP Revision
                                              [EPA–R03–OAR–2015–0788; FRL–9949–70–                           business hours at the Air Protection
                                              Region 3]                                                      Division, U.S. Environmental Protection                           On June 4, 2010, EPA approved
                                                                                                             Agency, Region III, 1650 Arch Street,                          Maryland’s moderate area RFP that
                                              Approval and Promulgation of Air                               Philadelphia, Pennsylvania 19103.                              provided for a 15 percent (%) emissions
                                              Quality Implementation Plans;                                  Copies of the State submittal are                              reduction from 2002 to 2008, contained
                                              Maryland; Reasonable Further                                   available at the Maryland Department of                        in the Moderate Area Plan. 75 FR 31709.
                                              Progress Plan, Contingency Measures,                           the Environment, 1800 Washington                               Maryland, however, needed to update
                                              Motor Vehicle Emissions Budgets for                            Boulevard, Suite 705, Baltimore,                               the 2008 target levels for its Serious
                                              the Baltimore 1997 8-Hour Ozone                                Maryland 21230.                                                Area Plan because they are the basis for
                                              Serious Nonattainment Area                                                                                                    the new 2011 and 2012 target level
                                                                                                             FOR FURTHER INFORMATION CONTACT:                               calculations for RFP. Maryland also
                                              AGENCY:  Environmental Protection                              Maria A. Pino, (215) 814–2181, or by                           needed to update its 2002 base year
                                              Agency (EPA).                                                  email at pino.maria@epa.gov.                                   inventory, which is the basis for the
                                              ACTION: Final rule.                                            SUPPLEMENTARY INFORMATION:                                     2008 target levels and its 15% RFP plan.
                                                                                                             I. Background                                                  In the Serious Area Plan, MDE updated
                                              SUMMARY:   The Environmental Protection                                                                                       its 2002 base year inventory and 15%
                                              Agency (EPA) is approving the serious                            On May 2, 2016 (81 FR 26188), EPA                            RFP plan, including 2008 target levels,
                                              nonattainment area reasonable further                          published a notice of proposed                                 to reflect changes to EPA’s approved
                                              progress (RFP) plan for the Baltimore                          rulemaking (NPR) for the State of                              model for on-road mobile sector
                                              serious nonattainment area for the 1997                        Maryland. In the NPR, EPA proposed                             emissions, from the Mobile Source
                                              8-hour ozone national ambient air                              approval of the ‘‘Baltimore Serious                            Emission Factor Model (MOBILE) to the
                                              quality standard (NAAQS). The SIP                              Nonattainment Area 0.08 ppm 8-Hour                             Motor Vehicle Emission Simulator
                                              revision includes 2011 and 2012 RFP                            Ozone State Implementation Plan                                (MOVES) model, as well as updates to
                                              milestones, contingency measures for                           Demonstrating Rate of Progress for 2008,                       EPA’s NONROAD model.
                                              failure to meet RFP, and updates to the                        2011 and 2012 Revision to 2002 Base                               Serious 8-hour ozone nonattainment
                                              2002 base year inventory and the 2008                          Year Emissions; and Serious Area                               areas are subject to RFP requirements in
                                              reasonable RFP plan previously                                 Attainment Demonstration, SIP Number:                          section 182(c)(2)(B) of the CAA that
                                              approved by EPA. EPA is also approving                         13–07,’’ (the Serious Area Plan)                               require an average of 3% per year of
                                              the transportation conformity motor                            submitted by the Maryland Department                           volatile organic compounds (VOC) and/
                                              vehicle emissions budgets (MVEBs)                              of the Environment (MDE) on July 22,                           or oxides of nitrogen (NOX) emissions
                                              associated with this revision. This                            2013. The SIP revision submittal                               reductions for all remaining 3-year
                                              action is being taken under the Clean                          included updates to the 2002 base year                         periods after the first 6-year period out
                                              Air Act (CAA).                                                 emissions inventory and 2008 RFP plan                          to the area’s attainment date (2008–2011
                                              DATES: This final rule is effective on                         that EPA previously approved into the                          and 2011–2012). For a serious area, such
                                              August 31, 2016.                                               Maryland SIP, RFP for 2011 and 2012,                           as the Baltimore Area, with an approved
                                              ADDRESSES: EPA has established a                               an attainment demonstration, including                         15% rate of progress (ROP) plan under
sradovich on DSK3GMQ082PROD with RULES




                                              docket for this action under Docket ID                         modeling and weight of evidence, RFP                           the 1-hour standard, states can use
                                              Number EPA–R03–OAR–2015–0788. All                              and attainment contingency measures, a                         reductions from VOC or NOX or a
                                              documents in the docket are listed in                          reasonably available control measures                          combination of either. The Serious Area
                                              the www.regulations.gov Web site.                              (RACM) determination, and 2012                                 Plan contains 2011 and 2012 RFP for the
                                              Although listed in the electronic docket,                      MVEBs. After EPA determined                                    Baltimore Area, including the
                                              some information is not publicly                               Baltimore had attained the 1997 8-hour                         calculation of 2011 and 2012 target
                                              available, i.e., confidential business                         ozone standard, Maryland, by letter                            levels, 2011 and 2012 projected


                                         VerDate Sep<11>2014     17:30 Jul 29, 2016       Jkt 238001   PO 00000       Frm 00078    Fmt 4700       Sfmt 4700   E:\FR\FM\01AUR1.SGM   01AUR1



Document Created: 2016-07-30 06:25:30
Document Modified: 2016-07-30 06:25:30
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 August 31, 2016.
ContactMaria A. Pino, (215) 814-2181, or by email at [email protected]
FR Citation81 FR 50358 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR