2017-10919. 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, [phone], or by email at [e-mail].

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, § 52.2020(b). EPA is revising § 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 § 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).

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).

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

1. The authority for citation for part 52 continues to read as follows:

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

Subpart NN—Pennsylvania

2. Section 52.2020 is amended by:

a. Revising paragraph (b); and

b. In paragraph (c)(1), revising the entries under “Chapter 123—Standards for Contaminants,” “Sulfur Compound Emission”.

The revisions read as follows:

§ 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 [phone]. 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) * * *

State citation	Title/subject	State effective date	EPA approval date	Additional explanation/ § 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 provisions—air basins and non-air basins]	02/09/13	07/10/14, 79 FR 39333	Amended sections 123.22(a) 123.22(b), 123.22(c), 123.22(d), and 123.22(e).
123.22(b)	Combustion units—Erie Air Basin	08/01/79	08/08/79, 44 FR 46465	(c)(20); correction published 1/23/80 (45 FR 5303).
123.22(b)	Combustion units—Erie Air Basin	02/09/13	07/10/14, 79 FR 39333	Amended sections 123.22(a) 123.22(b), 123.22(c), 123.22(d), and 123.22(e).
123.22(c)	Combustion units—Upper Beaver Valley Air Basin	08/21/82	07/05/83, 48 FR 30630	(c)(53).
123.22(c)	Combustion units—Upper Beaver Valley Air Basin	02/09/13	07/10/14, 79 FR 39333	Amended sections 123.22(a) 123.22(b), 123.22(c), 123.22(d), and 123.22(e).
123.22(d)	Combustion units—Lower Beaver Valley Air Basin	01/01/81	12/16/81, 46 FR 61267	(c)(40).
123.22(d)	Combustion units—Lower Beaver Valley Air Basin	02/09/13	07/10/14, 79 FR 39333	Amended sections 123.22(a) 123.22(b), 123.22(c), 123.22(d), and 123.22(e).
123.22(e)	Combustion units—Southeast PA Air Basin	10/01/78	06/04/79, 44 FR 31980	(c)(18).
123.22(e)	Combustion units—Southeast PA Air Basin	02/09/13	07/10/14, 79 FR 39333	Amended sections 123.22(a) 123.22(b), 123.22(c), 123.22(d), and 123.22(e).
Section 123.22(f)	Combustion units—Sampling and testing	02/09/13	07/10/14	New section.
Section 123.22(g)	Combustion units—Recordkeeping and reporting	02/09/13	07/10/14, 79 FR 39333	New section.
Figure 4 [Graph]	Sulfur Oxides—Combustion Units	3/20/72	5/31/72, 37 FR 10842	(c)(1).
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).
*         *         *         *         *         *         *

* * * * *

Footnotes

1.  62 FR 27968 (May 22, 1997).