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

EPA-APPROVED MAINE REGULATIONS

State citation Title/subject State effective 

date 

EPA approval date 

EPA approval date and 

citation 1

Explanations 

*******

Chapter 100 ...................... Definitions ................................................................. May 22, 2016 ... August 1, 2016 [Insert 

Federal Register citation].

* * * * * * * 

Chapter 115 ...................... Emission License Regulation ................................... November 6, 

2012.

August 1, 2016 [Insert 

Federal Register citation].

* * * * * * * 

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 column for the particular provision. 

* * * * * 

[FR Doc. 2016–17830 Filed 7–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

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 pino.maria@epa.gov. 

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 


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

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 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: 

§ 52.2020 Identification of plan. 

* * * * * 

(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 121—General Provisions 

Section 121.1 Definitions ......................... 04/12/2014 8/1/16 [Insert Federal 

Register citation].

Adds definitions for the terms ‘‘condensable 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 particulate 

matter.

04/12/2014 8/1/16 [Insert Federal 

Register citation].

Amends section 139.12. 


sradovich on DSK3GMQ082PROD with RULES
50360 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 

State citation Title/subject State 

effective date EPA Approval date 

Additional 

explanation/ 

§ 52.2063 citation 

*******

Subchapter B—Monitoring Duties of Certain Sources 

General 

*******

Section 

139.53.

Filing monitoring reports ... 04/12/2014 8/1/16 [Insert Federal 

Register citation].

Amends section 139.53. 

* * * * * * * 

* * * * * 

[FR Doc. 2016–18156 Filed 7–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0788; FRL–9949–70– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Reasonable Further 

Progress Plan, Contingency Measures, 

Motor Vehicle Emissions Budgets for 

the Baltimore 1997 8-Hour Ozone 

Serious Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the serious 

nonattainment area reasonable further 

progress (RFP) plan for the Baltimore 

serious nonattainment area for the 1997 

8-hour ozone national ambient air 

quality standard (NAAQS). The SIP 

revision includes 2011 and 2012 RFP 

milestones, contingency measures for 

failure to meet RFP, and updates to the 

2002 base year inventory and the 2008 

reasonable RFP plan previously 

approved by EPA. EPA is also approving 

the transportation conformity motor 

vehicle emissions budgets (MVEBs) 

associated with this revision. This 

action is being taken under 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–2015–0788. 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 Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 2, 2016 (81 FR 26188), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. In the NPR, EPA proposed 

approval of the ‘‘Baltimore Serious 

Nonattainment Area 0.08 ppm 8-Hour 

Ozone State Implementation Plan 

Demonstrating Rate of Progress for 2008, 

2011 and 2012 Revision to 2002 Base 

Year Emissions; and Serious Area 

Attainment Demonstration, SIP Number: 

13–07,’’ (the Serious Area Plan) 

submitted by the Maryland Department 

of the Environment (MDE) on July 22, 

2013. The SIP revision submittal 

included updates to the 2002 base year 

emissions inventory and 2008 RFP plan 

that EPA previously approved into the 

Maryland SIP, RFP for 2011 and 2012, 

an attainment demonstration, including 

modeling and weight of evidence, RFP 

and attainment contingency measures, a 

reasonably available control measures 

(RACM) determination, and 2012 

MVEBs. After EPA determined 

Baltimore had attained the 1997 8-hour 

ozone standard, Maryland, by letter 

dated October 20, 2015, withdrew the 

attainment demonstration, including 

modeling and weight of evidence, 

contingency measures for attainment, 

and the RACM analysis from 

consideration as a SIP revision. 

Therefore, those elements are not 

addressed in this rulemaking action. 

II. Summary of SIP Revision 

On June 4, 2010, EPA approved 

Maryland’s moderate area RFP that 

provided for a 15 percent (%) emissions 

reduction from 2002 to 2008, contained 

in the Moderate Area Plan. 75 FR 31709. 

Maryland, however, needed to update 

the 2008 target levels for its Serious 

Area Plan because they are the basis for 

the new 2011 and 2012 target level 

calculations for RFP. Maryland also 

needed to update its 2002 base year 

inventory, which is the basis for the 

2008 target levels and its 15% RFP plan. 

In the Serious Area Plan, MDE updated 

its 2002 base year inventory and 15% 

RFP plan, including 2008 target levels, 

to reflect changes to EPA’s approved 

model for on-road mobile sector 

emissions, from the Mobile Source 

Emission Factor Model (MOBILE) to the 

Motor Vehicle Emission Simulator 

(MOVES) model, as well as updates to 

EPA’s NONROAD model. 

Serious 8-hour ozone nonattainment 

areas are subject to RFP requirements in 

section 182(c)(2)(B) of the CAA that 

require an average of 3% per year of 

volatile organic compounds (VOC) and/ 

or oxides of nitrogen (NOX) emissions 

reductions for all remaining 3-year 

periods after the first 6-year period out 

to the area’s attainment date (2008–2011 

and 2011–2012). For a serious area, such 

as the Baltimore Area, with an approved 

15% rate of progress (ROP) plan under 

the 1-hour standard, states can use 

reductions from VOC or NOX or a 

combination of either. The Serious Area 

Plan contains 2011 and 2012 RFP for the 

Baltimore Area, including the 

calculation of 2011 and 2012 target 

levels, 2011 and 2012 projected 


sradovich on DSK3GMQ082PROD with RULES