82 FR 24856 - Air Plan Approval; Pennsylvania; Update to Materials Incorporated by Reference

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 103 (May 31, 2017)

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Pennsylvania state implementation plan (SIP). The regulations affected by this update have been previously submitted by the Pennsylvania Department of Environmental Protection (PADEP) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24856-24859]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10919]



[[Page 24856]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 200-4205; FRL-9959-23-Region 3]


Air Plan Approval; Pennsylvania; Update to Materials Incorporated 
by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the 
materials that are incorporated by reference (IBR) into the 
Pennsylvania state implementation plan (SIP). The regulations affected 
by this update have been previously submitted by the Pennsylvania 
Department of Environmental Protection (PADEP) and approved by EPA. 
This update affects the SIP materials that are available for public 
inspection at the National Archives and Records Administration (NARA) 
and the EPA Regional Office.

DATES: This action is effective May 31, 2017.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; or NARA. For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The SIP is a living document which a state revises as necessary to 
address its unique air pollution problems. Therefore, EPA, from time to 
time, must take action on SIP revisions containing new and/or revised 
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), 
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office 
of the Federal Register (OFR). The description of the revised SIP 
document, IBR procedures and ``Identification of plan'' format are 
discussed in further detail in the May 22, 1997 Federal Register 
document. On February 25, 2005 (70 FR 9450), EPA published a document 
in the Federal Register beginning the new IBR procedure for 
Pennsylvania, including Philadelphia and Allegheny Counties. On January 
3, 2007 (72 FR 200), March 25, 2009 (74 FR 13014), July 5, 2011 (76 FR 
38992), and August 1, 2013 (78 FR 46516), EPA published updates to the 
IBR material for Pennsylvania.
    Since the publication of the last IBR update, EPA has approved the 
following regulatory changes to the following regulations and sections 
for Pennsylvania and Allegheny County:

A. Added Regulations

    1. Additions of the following regulations or sections in 25 PA 
Code, article III:
    a. Chapter 123 (Standards for Contaminants, Sulfur Compound 
Emissions), sections 123.22(f) and 123.22(g).
    b. Chapter 129 (Standard for Sources), (Sources for VOCs), sections 
67(a) and 67(b).
    2. Addition of title 65 (Pennsylvania Statute--Public Officers), 
part II (Accountability), chapter 11 (Ethics, Standards, and Financial 
Disclosure), sections 1101 (Short title of chapter), 1102 
(Definitions), 1104 (Statement of financial interests required to be 
filed), 1105 (Statement of financial interests) and 1109 (Penalties).
    3. Additions of the following regulations or sections in Allegheny 
County article XXI:
    a. Additional definitions were added to part A (General), section 
2102.20.
    b. Part D (Pollutant Emission Standards), section 2104.09.
    c. Part E (Source Emission and Operating Standards), subpart 7 
(Miscellaneous VOC Sources), section 2105.80 through 2105.86 inclusive.

B. Revised Regulations

    1. Revisions to the following regulations or sections in 25 PA 
Code, article III:
    a. Chapter 121 (General Provisions), section 121.1.
    b. Chapter 123 (Sulfur Compound Emissions), sections 123.22(a) 
through (e) inclusive.
    c. Chapter 127 (Construction, Modification, Reactivation, and 
Operation of Sources), subchapter I (Plan Approval and Operating Permit 
Fees), section 127.701.
    d. Chapter 129 (Standards for Sources), (Sources of VOCs), sections 
129.51, 129.67, and 129.77.
    e. Chapter 130 (Standards for Products), subchapter D (Adhesives, 
Sealants, Primers and Solvents), section 130.703.
    f. Chapter 139 (Sampling and Testing), subchapter A (Sampling and 
Testing Methods and Procedures--General), section 139.4.
    g. Chapter 139 (Sampling and Testing), subchapter A (Sampling and 
Testing Methods and Procedures--Stationary Sources), section 139.16.
    2. Revisions to Allegheny County article XXI:
    a. Part A (General), sections 2101.10 and 2101.20.
    b. Part B (Permits Generally), sections 2102.04, 2102.06, 2102.08 
and 2102.10.
    c. Part E (Source Emission and Operating Standards), subpart 1--VOC 
Sources, sections 2105.10 and 2105.11.
    d. Part E (Source Emission and Operating Standards), subpart 5--
Open Burning and Abrasive Blasting Sources, section 2105.50.

C. Removed Regulations

    In 25 PA Code article III, chapter 130 (Standards for Products), 
subchapter A (Portable Fuel Containers), sections 130.101 through 
130.108 inclusive have been removed.

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as 
of July 1, 2016 and revising the text within 40 CFR 52.2020(b).
    EPA is revising our 40 CFR part 52 ``Identification of Plan'' for 
the Commonwealth of Pennsylvania regarding incorporation by reference, 
Sec.  52.2020(b). EPA is revising Sec.  52.2020(b)(1) to clarify that 
all SIP revisions listed in paragraphs (c) and (d), regardless of 
inclusion in the most recent ``update to the SIP compilation,'' are 
fully federally enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rulemaking in which EPA approved the 
SIP revision, consistent with following our ``Approval and 
Promulgations of Air Quality Implementation Plans; Revised Format of 40 
CFR part 52 for Materials Being Incorporated by Reference,'' effective 
May 22, 1997 (62 FR 27968). EPA is revising Sec.  52.2020(b)(2) to 
clarify references to other portions of paragraph (b) with paragraph 
(b)(2). EPA is revising paragraph (b)(3) to update address and contact 
information.
    In the table for paragraph 40 CFR 52.2020(c)(1), EPA is taking the 
following action:
    Rearrange entries in chapter 123 (Standards for Contaminants), 
(Sulfur Compound Emissions), section 123.22 (a) through 123.22(e).

[[Page 24857]]

    EPA has further determined that the entries found in the tables of 
paragraphs (c)(2), (c)(3), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), and 
(e)(2) are correct in the CFR and need no additional editing at this 
time.

III. Good Cause Exemption

    EPA has determined that this rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). This 
rule simply codifies provisions which are already in effect as a matter 
of law in federal and approved state programs. Under section 553 of the 
APA, an agency may find good cause where procedures are ``impractical, 
unnecessary, or contrary to the public interest.'' Public comment is 
``unnecessary'' and ``contrary to the public interest'' since the 
codification only reflects existing law. Immediate notice in the CFR 
benefits the public by removing outdated citations and incorrect table 
entries.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of previously 
EPA approved regulations promulgated by the Commonwealth of 
Pennsylvania and federally effective prior to July 1, 2016. Therefore, 
these materials have been approved by EPA for inclusion in the SIP, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\1\ EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region III office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (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. 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

    EPA has also determined that the provisions of section 307(b)(1) of 
the CAA pertaining to petitions for judicial review are not applicable 
to this action. Prior EPA rulemaking actions for each individual 
component of the Pennsylvania SIP compilations had previously afforded 
interested parties the opportunity to file a petition for judicial 
review in the United States Court of Appeals for the appropriate 
circuit within 60 days of such rulemaking action. Thus, EPA sees no 
need in this action to reopen the 60-day period for filing such 
petitions for judicial review for this ``Identification of plan'' 
update action for Pennsylvania.

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: January 18, 2017.
Cecil Rodrigues,
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 for citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania


0
2. Section 52.2020 is amended by:

[[Page 24858]]

0
 a. Revising paragraph (b); and
0
b. In paragraph (c)(1), revising the entries under ``Chapter 123--
Standards for Contaminants,'' ``Sulfur Compound Emission''.
    The revisions read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to July 1, 
2016, were approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Entries in paragraphs (c) and (d) of this section with the EPA 
approval dates after July 1, 2016 for the Commonwealth of Pennsylvania, 
have been approved by EPA for inclusion in the state implementation 
plan and for incorporation by reference into the plan as it is 
contained in this section, and will be considered by the Director of 
the Federal Register for approval in the next update to the SIP 
compilation.
    (2)(i) EPA Region III certifies that the following materials 
provided by EPA at the addresses in paragraph (b)(3) of this section 
are an exact duplicate of the officially promulgated Commonwealth 
rules/regulations which have been approved as part of the state 
implementation plan as of the dates referenced in paragraph (b)(1) of 
this section:
    (A) Materials in Notebook ``40 CFR 52.2020(c)(1)-1. PA Department 
of Environmental Protection (PA DEP); 2. PA Department of 
Transportation (PA DOT).''
    (B) Materials in Notebook ``1. 40 CFR 52.2020(c)(2)--Allegheny 
County Health Department (ACHD); 2. 40 CFR 52.2020(c)(3)--Philadelphia 
Air Management Services (AMS).''
    (ii) EPA Region III certifies that the following materials provided 
by EPA at the addresses in paragraph (b)(3) of this section are an 
exact duplicate of the officially promulgated Commonwealth source-
specific requirements which have been approved as part of the state 
implementation plan as of the dates referenced in paragraph(b)(1) of 
this section. No additional revisions were made between April 1, 2013 
and July 1, 2016:
    (A) [Reserved]
    (B) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 1, Part 1.''
    (C) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 1, Part 2.''
    (D) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 2, Part 1.''
    (E) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 2, Part 2.''
    (F) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 3.''
    (G) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 4.''
    (H) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 5.''
    (I) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 6.''
    (J) Materials in Notebook ``40 CFR 52.2020(d)(2)-(d)(4)--Source-
specific Requirements.''
    (3) Copies of the materials incorporated by reference into the 
state implementation plan may be inspected at the Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. To obtain the material, please call the Regional 
Office at (215) 814-3376. You may also inspect the material with an EPA 
approval date prior to July 1, 2016 for the Commonwealth of 
Pennsylvania at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *
    (1) * * *

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                                                                                                  Additional
          State citation              Title/subject          State       EPA approval date    explanation/ Sec.
                                                        effective date                         52.2063 citation
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                          Title 25--Environmental Protection Article III--Air Resources
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                                     Chapter 123--Standards for Contaminants
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                                            Sulfur Compound Emissions
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Section 123.21...................  General............         3/20/72  5/31/72, 37 FR       (c)(1).
                                                                         10842.
Section 123.22(a)................  Combustion units.          02/09/13  07/10/14, 79 FR      Amended sections
                                    [General                             39333.               123.22(a)
                                    provisions--air                                           123.22(b),
                                    basins and non-air                                        123.22(c),
                                    basins].                                                  123.22(d), and
                                                                                              123.22(e).
123.22(b)........................  Combustion units--         08/01/79  08/08/79, 44 FR      (c)(20); correction
                                    Erie Air Basin.                      46465.               published 1/23/80
                                                                                              (45 FR 5303).
123.22(b)........................  Combustion units--         02/09/13  07/10/14, 79 FR      Amended sections
                                    Erie Air Basin.                      39333.               123.22(a)
                                                                                              123.22(b),
                                                                                              123.22(c),
                                                                                              123.22(d), and
                                                                                              123.22(e).
123.22(c)........................  Combustion units--         08/21/82  07/05/83, 48 FR      (c)(53).
                                    Upper Beaver                         30630.
                                    Valley Air Basin.
123.22(c)........................  Combustion units--         02/09/13  07/10/14, 79 FR      Amended sections
                                    Upper Beaver                         39333.               123.22(a)
                                    Valley Air Basin.                                         123.22(b),
                                                                                              123.22(c),
                                                                                              123.22(d), and
                                                                                              123.22(e).
123.22(d)........................  Combustion units--         01/01/81  12/16/81, 46 FR      (c)(40).
                                    Lower Beaver                         61267.
                                    Valley Air Basin.
123.22(d)........................  Combustion units--         02/09/13  07/10/14, 79 FR      Amended sections
                                    Lower Beaver                         39333.               123.22(a)
                                    Valley Air Basin.                                         123.22(b),
                                                                                              123.22(c),
                                                                                              123.22(d), and
                                                                                              123.22(e).

[[Page 24859]]

 
123.22(e)........................  Combustion units--         10/01/78  06/04/79, 44 FR      (c)(18).
                                    Southeast PA Air                     31980.
                                    Basin.
123.22(e)........................  Combustion units--         02/09/13  07/10/14, 79 FR      Amended sections
                                    Southeast PA Air                     39333.               123.22(a)
                                    Basin.                                                    123.22(b),
                                                                                              123.22(c),
                                                                                              123.22(d), and
                                                                                              123.22(e).
Section 123.22(f)................  Combustion units--         02/09/13  07/10/14...........  New section.
                                    Sampling and
                                    testing.
Section 123.22(g)................  Combustion units--         02/09/13  07/10/14, 79 FR      New section.
                                    Recordkeeping and                    39333.
                                    reporting.
Figure 4 [Graph].................  Sulfur Oxides--             3/20/72  5/31/72, 37 FR       (c)(1).
                                    Combustion Units.                    10842.
Section 123.24...................  Primary zinc                8/11/75  4/30/76, 41 FR       (c)(14).
                                    smelters.                            18077.
Section 123.25...................  Monitoring                 10/27/90  6/30/93, 58 FR       (c)(81).
                                    requirements.                        34911.
 
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[FR Doc. 2017-10919 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P