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)
Federal Register Volume 82, Issue 103 (May 31, 2017)
| Page Range | 24856-24859 | |
| FR Document | 2017-10919 |
[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]] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- 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) * * * ---------------------------------------------------------------------------------------------------------------- Additional State citation Title/subject State EPA approval date explanation/ Sec. effective date 52.2063 citation ---------------------------------------------------------------------------------------------------------------- Title 25--Environmental Protection Article III--Air Resources ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 123--Standards for Contaminants ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Sulfur Compound Emissions ---------------------------------------------------------------------------------------------------------------- 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. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-10919 Filed 5-30-17; 8:45 am] BILLING CODE 6560-50-P
![24856 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION February 25, 2005 (70 FR 9450), EPA Sealants, Primers and Solvents), section
AGENCY published a document in the Federal 130.703.
Register beginning the new IBR f. Chapter 139 (Sampling and
40 CFR Part 52 procedure for Pennsylvania, including Testing), subchapter A (Sampling and
Philadelphia and Allegheny Counties. Testing Methods and Procedures—
[PA 200–4205; FRL–9959–23–Region 3]
On January 3, 2007 (72 FR 200), March General), section 139.4.
Air Plan Approval; Pennsylvania; 25, 2009 (74 FR 13014), July 5, 2011 (76 g. Chapter 139 (Sampling and
Update to Materials Incorporated by FR 38992), and August 1, 2013 (78 FR Testing), subchapter A (Sampling and
Reference 46516), EPA published updates to the Testing Methods and Procedures—
IBR material for Pennsylvania. Stationary Sources), section 139.16.
AGENCY: Environmental Protection Since the publication of the last IBR 2. Revisions to Allegheny County
Agency (EPA). update, EPA has approved the following article XXI:
ACTION: Final rule; administrative regulatory changes to the following a. Part A (General), sections 2101.10
change. regulations and sections for and 2101.20.
Pennsylvania and Allegheny County: b. Part B (Permits Generally), sections
SUMMARY: The Environmental Protection
Agency (EPA) is updating the materials A. Added Regulations 2102.04, 2102.06, 2102.08 and 2102.10.
that are incorporated by reference (IBR) c. Part E (Source Emission and
1. Additions of the following Operating Standards), subpart 1—VOC
into the Pennsylvania state regulations or sections in 25 PA Code,
implementation plan (SIP). The Sources, sections 2105.10 and 2105.11.
article III: d. Part E (Source Emission and
regulations affected by this update have a. Chapter 123 (Standards for
been previously submitted by the Operating Standards), subpart 5—Open
Contaminants, Sulfur Compound Burning and Abrasive Blasting Sources,
Pennsylvania Department of Emissions), sections 123.22(f) and
Environmental Protection (PADEP) and section 2105.50.
123.22(g).
approved by EPA. This update affects b. Chapter 129 (Standard for Sources), C. Removed Regulations
the SIP materials that are available for (Sources for VOCs), sections 67(a) and
public inspection at the National In 25 PA Code article III, chapter 130
67(b). (Standards for Products), subchapter A
Archives and Records Administration 2. Addition of title 65 (Pennsylvania
(NARA) and the EPA Regional Office. (Portable Fuel Containers), sections
Statute—Public Officers), part II 130.101 through 130.108 inclusive have
DATES: This action is effective May 31, (Accountability), chapter 11 (Ethics, been removed.
2017. Standards, and Financial Disclosure),
ADDRESSES: SIP materials which are sections 1101 (Short title of chapter), II. EPA Action
incorporated by reference into 40 CFR 1102 (Definitions), 1104 (Statement of In this action, EPA is announcing the
part 52 are available for inspection at financial interests required to be filed), update to the IBR material as of July 1,
the following locations: Air Protection 1105 (Statement of financial interests) 2016 and revising the text within 40
Division, U.S. Environmental Protection and 1109 (Penalties). CFR 52.2020(b).
Agency, Region III, 1650 Arch Street, 3. Additions of the following EPA is revising our 40 CFR part 52
Philadelphia, Pennsylvania 19103; or regulations or sections in Allegheny ‘‘Identification of Plan’’ for the
NARA. For information on the County article XXI: Commonwealth of Pennsylvania
availability of this material at NARA, a. Additional definitions were added regarding incorporation by reference,
call 202–741–6030, or go to: http:// to part A (General), section 2102.20. § 52.2020(b). EPA is revising
www.archives.gov/federal_register/ b. Part D (Pollutant Emission § 52.2020(b)(1) to clarify that all SIP
code_of_federal_regulations/ibr_ Standards), section 2104.09. revisions listed in paragraphs (c) and
locations.html. c. Part E (Source Emission and (d), regardless of inclusion in the most
FOR FURTHER INFORMATION CONTACT: Operating Standards), subpart 7 recent ‘‘update to the SIP compilation,’’
Sharon McCauley, (215) 814–3376, or by (Miscellaneous VOC Sources), section are fully federally enforceable under
email at mccauley.sharon@epa.gov. 2105.80 through 2105.86 inclusive. sections 110 and 113 of the CAA as of
SUPPLEMENTARY INFORMATION: the effective date of the final rulemaking
B. Revised Regulations
in which EPA approved the SIP
I. Background 1. Revisions to the following revision, consistent with following our
The SIP is a living document which regulations or sections in 25 PA Code, ‘‘Approval and Promulgations of Air
a state revises as necessary to address its article III: Quality Implementation Plans; Revised
unique air pollution problems. a. Chapter 121 (General Provisions), Format of 40 CFR part 52 for Materials
Therefore, EPA, from time to time, must section 121.1. Being Incorporated by Reference,’’
take action on SIP revisions containing b. Chapter 123 (Sulfur Compound effective May 22, 1997 (62 FR 27968).
new and/or revised regulations as being Emissions), sections 123.22(a) through EPA is revising § 52.2020(b)(2) to clarify
part of the SIP. On May 22, 1997 (62 FR (e) inclusive. references to other portions of paragraph
27968), EPA revised the procedures for c. Chapter 127 (Construction, (b) with paragraph (b)(2). EPA is
incorporating by reference federally- Modification, Reactivation, and revising paragraph (b)(3) to update
asabaliauskas on DSKBBXCHB2PROD with RULES
approved SIPs, as a result of Operation of Sources), subchapter I address and contact information.
consultations between EPA and the (Plan Approval and Operating Permit In the table for paragraph 40 CFR
Office of the Federal Register (OFR). The Fees), section 127.701. 52.2020(c)(1), EPA is taking the
description of the revised SIP d. Chapter 129 (Standards for following action:
document, IBR procedures and Sources), (Sources of VOCs), sections Rearrange entries in chapter 123
‘‘Identification of plan’’ format are 129.51, 129.67, and 129.77. (Standards for Contaminants), (Sulfur
discussed in further detail in the May e. Chapter 130 (Standards for Compound Emissions), section 123.22
22, 1997 Federal Register document. On Products), subchapter D (Adhesives, (a) through 123.22(e).
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![24858 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
■ a. Revising paragraph (b); and referenced in paragraph (b)(1) of this (F) Materials in Notebook ‘‘40 CFR
■ b. In paragraph (c)(1), revising the section: 52.2020(d)(1)—Source-specific
entries under ‘‘Chapter 123—Standards (A) Materials in Notebook ‘‘40 CFR Requirements—Volume 3.’’
for Contaminants,’’ ‘‘Sulfur Compound 52.2020(c)(1)–1. PA Department of (G) Materials in Notebook ‘‘40 CFR
Emission’’. Environmental Protection (PA DEP); 2. 52.2020(d)(1)—Source-specific
PA Department of Transportation (PA Requirements—Volume 4.’’
The revisions read as follows: DOT).’’
(B) Materials in Notebook ‘‘1. 40 CFR (H) Materials in Notebook ‘‘40 CFR
§ 52.2020 Identification of plan. 52.2020(d)(1)—Source-specific
52.2020(c)(2)—Allegheny County Health
* * * * * Department (ACHD); 2. 40 CFR Requirements—Volume 5.’’
(b) Incorporation by reference. (1) 52.2020(c)(3)—Philadelphia Air (I) Materials in Notebook ‘‘40 CFR
Material listed in paragraphs (c) and (d) Management Services (AMS).’’ 52.2020(d)(1)—Source-specific
of this section with an EPA approval (ii) EPA Region III certifies that the Requirements—Volume 6.’’
date prior to July 1, 2016, were following materials provided by EPA at
(J) Materials in Notebook ‘‘40 CFR
approved for incorporation by reference the addresses in paragraph (b)(3) of this
section are an exact duplicate of the 52.2020(d)(2)–(d)(4)—Source-specific
by the Director of the Federal Register Requirements.’’
in accordance with 5 U.S.C. 552(a) and officially promulgated Commonwealth
1 CFR part 51. Entries in paragraphs (c) source-specific requirements which (3) Copies of the materials
and (d) of this section with the EPA have been approved as part of the state incorporated by reference into the state
approval dates after July 1, 2016 for the implementation plan as of the dates implementation plan may be inspected
Commonwealth of Pennsylvania, have referenced in paragraph(b)(1) of this at the Environmental Protection Agency,
been approved by EPA for inclusion in section. No additional revisions were Region III, 1650 Arch Street,
the state implementation plan and for made between April 1, 2013 and July 1, Philadelphia, Pennsylvania 19103. To
incorporation by reference into the plan 2016: obtain the material, please call the
as it is contained in this section, and (A) [Reserved] Regional Office at (215) 814–3376. You
will be considered by the Director of the (B) Materials in Notebook ‘‘40 CFR may also inspect the material with an
Federal Register for approval in the next 52.2020(d)(1)—Source-specific EPA approval date prior to July 1, 2016
update to the SIP compilation. Requirements—Volume 1, Part 1.’’ for the Commonwealth of Pennsylvania
(C) Materials in Notebook ‘‘40 CFR at the National Archives and Records
(2)(i) EPA Region III certifies that the 52.2020(d)(1)—Source-specific Administration (NARA). For
following materials provided by EPA at Requirements—Volume 1, Part 2.’’ information on the availability of this
the addresses in paragraph (b)(3) of this (D) Materials in Notebook ‘‘40 CFR material at NARA, go to: http://
section are an exact duplicate of the 52.2020(d)(1)—Source-specific www.archives.gov/federal-register/cfr/
officially promulgated Commonwealth Requirements—Volume 2, Part 1.’’ ibr-locations.html.
rules/regulations which have been (E) Materials in Notebook ‘‘40 CFR
approved as part of the state 52.2020(d)(1)—Source-specific (c) * * *
implementation plan as of the dates Requirements—Volume 2, Part 2.’’ (1) * * *
State Additional
State citation Title/subject effective EPA approval date explanation/
date § 52.2063 citation
Title 25—Environmental Protection Article III—Air Resources
* * * * * * *
Chapter 123—Standards for Contaminants
* * * * * * *
Sulfur Compound Emissions
Section 123.21 ........................ General .................................. 3/20/72 5/31/72, 37 FR 10842 ............ (c)(1).
Section 123.22(a) ................... Combustion units. [General 02/09/13 07/10/14, 79 FR 39333 .......... Amended sections 123.22(a)
provisions—air basins and 123.22(b), 123.22(c),
non-air basins]. 123.22(d), and 123.22(e).
123.22(b) ................................. Combustion units—Erie Air 08/01/79 08/08/79, 44 FR 46465 .......... (c)(20); correction published
Basin. 1/23/80 (45 FR 5303).
123.22(b) ................................. Combustion units—Erie Air 02/09/13 07/10/14, 79 FR 39333 .......... Amended sections 123.22(a)
Basin. 123.22(b), 123.22(c),
123.22(d), and 123.22(e).
123.22(c) ................................. Combustion units—Upper 08/21/82 07/05/83, 48 FR 30630 .......... (c)(53).
asabaliauskas on DSKBBXCHB2PROD with RULES
Beaver Valley Air Basin.
123.22(c) ................................. Combustion units—Upper 02/09/13 07/10/14, 79 FR 39333 .......... Amended sections 123.22(a)
Beaver Valley Air Basin. 123.22(b), 123.22(c),
123.22(d), and 123.22(e).
123.22(d) ................................. Combustion units—Lower 01/01/81 12/16/81, 46 FR 61267 .......... (c)(40).
Beaver Valley Air Basin.
123.22(d) ................................. Combustion units—Lower 02/09/13 07/10/14, 79 FR 39333 .......... Amended sections 123.22(a)
Beaver Valley Air Basin. 123.22(b), 123.22(c),
123.22(d), and 123.22(e).
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![Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations 24859
State Additional
State citation Title/subject effective EPA approval date explanation/
date § 52.2063 citation
123.22(e) ................................. Combustion units—Southeast 10/01/78 06/04/79, 44 FR 31980 .......... (c)(18).
PA Air Basin.
123.22(e) ................................. Combustion units—Southeast 02/09/13 07/10/14, 79 FR 39333 .......... Amended sections 123.22(a)
PA Air Basin. 123.22(b), 123.22(c),
123.22(d), and 123.22(e).
Section 123.22(f) .................... Combustion units—Sampling 02/09/13 07/10/14 ................................. New section.
and testing.
Section 123.22(g) ................... Combustion units—Record- 02/09/13 07/10/14, 79 FR 39333 .......... New section.
keeping and reporting.
Figure 4 [Graph] ..................... Sulfur Oxides—Combustion 3/20/72 5/31/72, 37 FR 10842 ............ (c)(1).
Units.
Section 123.24 ........................ Primary zinc smelters ............ 8/11/75 4/30/76, 41 FR 18077 ............ (c)(14).
Section 123.25 ........................ Monitoring requirements ........ 10/27/90 6/30/93, 58 FR 34911 ............ (c)(81).
* * * * * * *
* * * * * number (617) 918–0660, email implementation plans and establishes
[FR Doc. 2017–10919 Filed 5–30–17; 8:45 am] garcia.ariel@epa.gov. criteria and procedures for determining
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION: whether or not they do. Conformity to
Throughout this document whenever a SIP means that transportation
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean activities will not produce new air
ENVIRONMENTAL PROTECTION EPA. quality violations, worsen existing
AGENCY Today’s action is simply an violations, or delay timely attainment of
announcement of a finding that we have the national ambient air quality
40 CFR Part 52 standards.
already made. EPA Region 1 sent a letter
to the Connecticut Department of The criteria by which we determine
[EPA–R01–OAR–2017–0158; A–1–FRL– Energy and Environmental Protection
9961–72–Region 1] whether a SIP’s motor vehicle emissions
(CT DEEP) on March 20, 2017 stating budgets are adequate for transportation
Adequacy Status of Motor Vehicle that the 2017 motor vehicle emissions conformity purposes are outlined in 40
Emissions Budgets for Transportation budgets (MVEBs) for the Greater CFR 93.118(e)(4). We have described
Conformity Purposes; CT Connecticut nonattainment area for the our process for determining the
2008 ozone NAAQS are adequate. CT adequacy of submitted SIP budgets in
AGENCY: Environmental Protection DEEP submitted the budgets on January our July 1, 2004, conformity final rule
Agency. 17, 2017, as part of its attainment preamble starting at 69 FR 40038, and
ACTION: Notice of adequacy. demonstration SIP for the Greater we used the information in these
Connecticut nonattainment area for the resources while making our adequacy
SUMMARY: The Environmental Protection 2008 ozone NAAQS. This submittal was determination. Please note that an
Agency (EPA) is notifying the public announced on EPA’s conformity Web adequacy review is separate from EPA’s
that it has found that the 2017 motor site, and received no comments. (See completeness review, and it also should
vehicle emission budgets for the Greater https://www.epa.gov/state-and-local- not be used to prejudge EPA’s ultimate
Connecticut ozone nonattainment area transportation/adequacy-review-state- approval of the SIP. Even if we find a
for the 2008 national ambient air quality implementation-plan-sip-submissions- budget adequate, the SIP could later be
standard (NAAQS) for ozone are conformity. Once there, click on ‘‘What disapproved.
adequate for transportation conformity SIP submissions are currently under
Connecticut’s January 17, 2017 SIP
purposes. As a result of our finding, EPA adequacy review?’’)
The 2017 MVEBs, in tons per summer revision also includes 2017 MVEBs for
Connecticut must use these motor
day (tpsd), for volatile organic the Connecticut portion of the New
vehicle emissions budgets for future
compounds (VOC) and oxides of York-Northern New Jersey-Long Island,
transportation conformity
nitrogen (NOX) for Greater Connecticut, NY-NJ-CT (Southwest Connecticut)
determinations. These budgets were
are as follows: nonattainment area for the 2008 ozone
contained in the January 17, 2017
NAAQS. However, we are not able to
attainment demonstration State
2017 ADEQUATE MOTOR VEHICLE evaluate the budgets for the Southwest
Implementation Plan (SIP) for the
Connecticut nonattainment area at this
Greater Connecticut ozone EMISSIONS BUDGETS GREATER time since Connecticut DEEP has not yet
nonattainment area for the 2008 ozone CONNECTICUT AREA submitted its reasonable further
NAAQS.
progress and attainment demonstration
DATES: This finding is effective June 15, VOC NOX
(tpsd) (tpsd) SIPs for this area. EPA will not take
asabaliauskas on DSKBBXCHB2PROD with RULES
2017. action, nor make an adequacy
FOR FURTHER INFORMATION CONTACT: Year 2017 ......... 15.9 22.2 determination, on MVEBs for the 2008
Ariel Garcia, Air Quality Planning Unit, ozone standard for the Southwest
U.S. Environmental Protection Agency, Transportation conformity is required Connecticut nonattainment area, until a
EPA Region 1 Regional Office, 5 Post by section 176(c) of the Clean Air Act. SIP revision meeting the requirements
Office Square, Suite 100 (mail code: EPA’s conformity rule requires that for reasonable further progress or an
OEP05–2), Boston, MA 02109–3912, transportation plans, programs, and attainment demonstration is submitted
telephone number (617) 918–1660, fax projects conform to state air quality for that nonattainment area.
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Document Created: 2017-05-31 05:59:42
Document Modified: 2017-05-31 05:59:42
| 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; administrative change. | |
| Dates | This action is effective May 31, 2017. | |
| Contact | Sharon McCauley, (215) 814-3376, or by email at [email protected] | |
| FR Citation | 82 FR 24856 | |
| 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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