Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28435 

on July 3, 2014. In the event of 

inclement weather this regulation will 

be enforced from 9:30 p.m. to 10:15p.m. 

on July 5, 2014. 

(3) Catawba Island Club Fireworks, 

Catawba Island, OH. The safety zone 

listed in 33 CFR 165.941(a)(28) will be 

enforced from 9:30 p.m. to 10 p.m. on 

August 31, 2014. 

(4) Toledo Fourth of July Fireworks, 

Toledo, OH. The safety zone listed in 33 

CFR 165.941(a)(54) will be enforced 

from 9:25 p.m. to 10:05 p.m. on July 4, 

2014. 

(5) Bay Point Fireworks Display, 

Marblehead, OH. The safety zone listed 

in 33 CFR 165.941(a)(58) will be 

enforced from 9:55 p.m. to 10:25 p.m. 

on July 5, 2014. 

(6) Catawba Island Club Memorial 

Day Fireworks, Catawba Island, OH. 

The safety zone listed in 33 CFR 

165.941 (a)(56) will be enforced from 

8:55 p.m. to 9:25 p.m. on May 25, 2014. 

(7) Luna Pier Fireworks Show, Luna 

Pier, MI. The safety zone listed in 33 

CFR 165.941 (a)(16) will be enforced 

from 9:25 p.m. to 11:05 p.m. on July 5, 

2014. In the event of inclement weather 

this regulation will be enforced from 

9:25 p.m. to 11:05 p.m. on July 6, 2014. 

(8) Revolution3 Cedar Point Triathlon, 

Sandusky, OH. The safety zone listed in 

33 CFR 165.941 (a)(60) will be enforced 

from 5:55 p.m. to 10:05 p.m. on 

September 6, 2014 and from 5:55 p.m. 

to 10:05 p.m. on September 7, 2014. 

Under the provisions of 33 CFR 

165.23, entry into, transiting, or 

anchoring within these safety zones 

during an enforcement period is 

prohibited unless authorized by the 

Captain of the Port Detroit or his 

designated representative. Vessels that 

wish to transit through the safety zones 

may request permission from the 

Captain of the Port Detroit or his 

designated representative. Requests 

must be made in advance and approved 

by the Captain of Port Detroit before 

transits will be authorized. Approvals 

will be granted on a case by case basis. 

The Captain of the Port Detroit may be 

contacted via U.S. Coast Guard Sector 

Detroit on channel 16, VHF–FM. The 

Coast Guard will give notice to the 

public via a Broadcast to Mariners that 

the regulation is in effect. 

This document is issued under 

authority of 33 CFR 165.23 and 5 U.S.C. 

552 (a). If the Captain of the Port Detroit 

determines that the enforcement of 

these safety zones need not occur as 

stated in this document, he or she may 

suspend such enforcement and notify 

the public of the suspension via a 

Broadcast Notice to Mariners. 

Dated: May 6, 2014. 

J.E. Ogden, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2014–11418 Filed 5–15–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0268; FRL–9910–48– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Update of the Motor 

Vehicle Emissions Budgets for the 

Allentown-Bethlehem-Easton 1997 

8-Hour Ozone National Ambient Air 

Quality Standard Maintenance Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Commonwealth of Pennsylvania’s 

(Pennsylvania) State Implementation 

Plan (SIP). The revisions consist of an 

update to the Motor Vehicle Emissions 

Budgets (MVEBs) for nitrogen oxides 

(NOX) for the 1997 8-Hour Ozone 

National Ambient Air Quality Standard 

(NAAQS) SIP for the AllentownBethlehem-Easton 1997 8-Hour Ozone 

NAAQS Maintenance Area (Allentown 

Maintenance Area). The SIP revision 

also includes an updated point source 

inventory for NOX. This rulemaking 

action approves the updated MVEBs 

and thereby makes them available for 

transportation conformity purposes. 

EPA is approving these revisions to the 

MVEBs and point source inventory in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on July 15, 

2014 without further notice, unless EPA 

receives adverse written comment by 

June 16, 2014. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0268 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0268, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2014– 

0268. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 


TKELLEY on DSK3SPTVN1PROD with RULES
28436 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 

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: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 7, 2014, Pennsylvania 

submitted a formal revision to its SIP. 

The SIP revision consists of updated 

MVEBs for NOX for the 1997 8-Hour 

Ozone NAAQS. The SIP revision also 

includes an updated point source 

inventory for NOX. 

On July 18, 1997 (62 FR 38856), EPA 

established the 1997 8-Hour Ozone 

NAAQS. On April 30, 2004 (69 FR 

23858), Lehigh, Northampton, and 

Carbon Counties were designated as 

nonattainment for the 1997 8-Hour 

Ozone NAAQS as a part of the 

Allentown-Bethlehem-Easton 

Nonattainment Area. On June 26, 2007, 

the Pennsylvania Department of 

Environmental Protection (PADEP) 

submitted a request for redesignation 

and a SIP revision which consisted of a 

maintenance plan, a 2002 base year 

inventory and MVEBs for transportation 

conformity purposes. On March 2, 2008 

(73 FR 11557), EPA approved the SIP 

revision as well as the redesignation 

request made by PADEP; therefore the 

Allentown-Bethlehem-Easton 

Nonattainment Area was redesignated 

as an attainment area. 

The currently SIP-approved MVEBs 

for the Allentown Maintenance Area 

were developed using the Highway 

Mobile Source Emission Factor Model 

(MOBILE6.2). On March 2, 2010 (75 FR 

9411), EPA published a notice of 

availability for the Motor Vehicle 

Emissions Simulator (MOVES2010) 

model for use in developing MVEBs for 

SIPs and for conducting transportation 

conformity analyses. EPA commenced a 

two year grace period after which time 

the MOVES2010 model would have to 

be used for transportation conformity 

purposes. The two year grace period 

was scheduled to end on March 2, 2012. 

On February 27, 2012 (77 FR 11394), 

EPA published a final rule extending 

the grace period for one more year to 

March 2, 2013 to ensure adequate time 

for affected parties to have the capacity 

to use the MOVES model to develop or 

update the applicable MVEBs in SIPs 

and to conduct conformity analyses. On 

September 8, 2010, EPA released 

MOVES2010a, which is a minor update 

to MOVES2010 and which is used by 

Pennsylvania in this SIP revision. 

II. Summary of SIP Revision 

This SIP revision includes an update 

to the MVEBs for NOX for the years 2009 

(interim year) and 2018 (maintenance 

year) that were produced using the 

MOVES2010a model. This SIP revision 

also includes an update to the point 

source inventory for NOX. The MVEBs, 

as well as the point source inventory, 

were not updated for volatile organic 

compounds (VOCs), therefore providing 

information about VOCs in the tables 

below is not applicable (N/A). A 

comparison between the previous point 

source inventory and the updated point 

source inventory is provided in ‘‘Table 

1, Summary of Point Source Inventory 

in tpd.’’ The previously approved 

MVEBs were produced using the Mobile 

Source Emission Factor Model 

(MOBILE6.2). A summary of the 

updated MOVES-based emissions and 

previously approved MOBILE6.2-based 

emissions for the years 2004, 2009, and 

2018 is provided in ‘‘Table 2. Summary 

of Motor Vehicle Emissions in tpd.’’ 

Even though there is an emissions 

increase in the MOVES-based MVEBs, 

the increase is not due to an increase in 

emissions from mobile sources. The 

increase is due to the fact that the 

MOVES model provides more accurate 

emissions estimates than MOBILE6.2, 

rather than growth that had not been 

anticipated in the maintenance plan. 

Also, part of the update of the MVEBs 

is the addition of a 2 ton per day (tpd) 

safety margin for NOX. The MVEBs that 

will be utilized for transportation 

conformity purposes and include the 

safety margins are presented in ‘‘Table 

3. Updated MVEBs in tpd.’’ These safety 

margins were added because emissions 

in the interim (2009) and maintenance 

(2018) years are significantly less than 

the attainment year emissions, which is 

the year that the Allentown 

Maintenance Area attained the standard. 

Additionally, Table 3 presents the 

portion of the MVEBs allotted to each 

metropolitan planning organization 

(MPO). In the case of the Allentown 

Maintenance Area, there are two MPOs 

involved in transportation planning for 

the counties that are a part of the 

maintenance area. The Lehigh Valley 

MPO serves Lehigh and Northampton 

Counties while the Northeastern 

Pennsylvania Alliance (NEPA) MPO 

serves Carbon County. A detailed 

summary of EPA’s review and rationale 

for proposing to approve this SIP 

revision may be found in the Technical 

Support Documents (TSDs) prepared in 

support of this proposed rulemaking 

action and are available on line at 

http://www.regulations.gov, Docket 

number EPA–R03–OAR–2014–0628. 

TABLE 1—SUMMARY OF POINT SOURCE INVENTORY IN TPD

Current Updated 

Year ................................................................................................................................. 2009 2018 2009 2018 

NOX .................................................................................................................................. 58.3 66.6 27.0 26.1 

TABLE 2—SUMMARY OF MOTOR VEHICLE EMISSIONS IN TPD

Model MOBILE6.2 MOVES2010a 

Year .................................................................................. 2004 2009 2018 2004 2009 2018 

VOCs ................................................................................ 30.54 22.80 13.28 N/A N/A N/A 

NOX .................................................................................. 48.33 33.89 14.44 59.38 44.08 21.95 

TABLE 3—MVEBS FOR EACH MPO IN TPD

MPO Lehigh Valley MPO NEPA MPO 

Year ................................................................................................................................. 2009 2018 2009 2018 

VOCs ............................................................................................................................... 20.6482 12.4328 3.4372 2.263 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28437 

TABLE 3—MVEBS FOR EACH MPO IN TPD—Continued 

MPO 

NOX .................................................................................................................................. 39.1787 20.4058 6.8977 3.541 

III. Final Action 

EPA is approving Pennsylvania’s SIP 

revision request from March 7, 2014 to 

update the MVEBs for the Allentown 

Maintenance Area to reflect the use of 

the MOVES model. EPA is also 

proposing to approve the update to the 

point source inventory. EPA is 

approving this SIP revision because it 

will allow the Allentown Maintenance 

Area to continue to be in attainment of 

the 1997 8-Hour Ozone NAAQS, and 

our in depth review of the SIP revision 

leads EPA to conclude that the updated 

MVEBs meet the adequacy requirements 

set forth in 40 CFR 93.118(e)(4)(i)–(vi), 

and the updated MVEBs have been 

correctly calculated to reflect the use of 

the MOVES model. As a result of EPA’s 

approval, these updated MVEBs will be 

both adequate and SIP-approved for 

purposes of transportation conformity. 

EPA is publishing this rule without 

prior proposal because EPA views this 

as a noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on July 

15, 2014 without further notice unless 

EPA receives adverse comment by June 

16, 2014. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. 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 

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 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 July 15, 2014. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking 

action. This rulemaking action 

pertaining to the update of the MVEBs 

and point and area source inventories 

for the Allentown Maintenance Area 

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, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 


TKELLEY on DSK3SPTVN1PROD with RULES
28438 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 

Dated: April 25, 2014. 

W.C. Early, 

Acting 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 

(e)(1) is amended by revising the entry 

for ‘‘8-Hour Ozone Maintenance Plan 

and 2002 Base Year Emissions Inventory 

for Allentown-Bethlehem-Easton Area: 

Carbon, Lehigh and Northampton 

Counties’’ to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of nonregulatory SIP 

revision 

Applicable 

geographic area 

State 

submittal 

date 

EPA 

approval date 

Additional 

explanation 

*******

8-Hour Ozone Maintenance 

Plan and 2002 Base Year 

Emissions Inventory.

Allentown-Bethlehem-Easton 

Area: Carbon, Lehigh and 

Northampton Counties.

6/26/07 3/4/08 73 FR 11557 ...... Technical correction dated 8/9/07 

addresses omitted emissions inventory information from 6/26/07 

submittals. 

3/7/14 5/16/14 [Insert page 

number where the 

document begins].

Revised 2009 and 2018 Motor Vehicle Emission Budgets. Revised 

2009 and 2018 point source inventories. See sections 52.2043 

and 52.2052. 

* * * * * * * 

* * * * * 

■ 3. Section 52.2043 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2043 Control strategy for 

maintenance plans: Ozone 

* * * * * 

(c) As of May 16, 2014, EPA approves 

the following revised 2009 and 2018 

point source inventory for nitrogen 

oxides (NOX) for the AllentownBethlehem-Easton 1997 8-Hour Ozone 

Maintenance Area submitted by the 

Secretary of the Pennsylvania 

Department of Environmental 

Protection: 

Applicable geographic area Year Tons per 

day NOX

Allentown-Bethlehem-Easton 1997 8-Hour Ozone Maintenance Area ........................................................................... 2009 27.0 

Allentown-Bethlehem-Easton 1997 8-Hour Ozone Maintenance Area ........................................................................... 2018 26.1 

■ 4. Section 52.2052 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2052 Motor vehicle emissions 

budgets for Pennsylvania ozone areas 

* * * * * 

(c) As of May 16, 2014, EPA approves 

the following revised 2009 and 2018 

Motor Vehicle Emissions Budgets 

(MVEBs) for nitrogen oxides (NOX) for 

the Allentown-Bethlehem-Easton 1997 

8-Hour Ozone Maintenance Area 

submitted by the Secretary of the 

Pennsylvania Department of 

Environmental Protection: 

Applicable geographic area Year Tons per 

day NOX

Allentown-Bethlehem-Easton 1997 8-Hour Ozone Maintenance Area (Lehigh and Northampton Counties) ................ 2009 39.18 

Allentown-Bethlehem-Easton 1997 8-Hour Ozone Maintenance Area (Lehigh and Northampton Counties) ................ 2018 20.41 

Allentown-Bethlehem-Easton 1997 8-Hour Ozone Maintenance Area (Carbon County) ............................................... 2009 6.90 

Allentown-Bethlehem-Easton 1997 8-Hour Ozone Maintenance Area (Carbon County) ............................................... 2018 3.54 

[FR Doc. 2014–10695 Filed 5–15–14; 8:45 am] 

BILLING CODE 6560–50–P 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28439 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2010–0873; FRL–9909–98– 

OAR] 

RIN 2060–AH23 

Quality Assurance Requirements for 

Continuous Opacity Monitoring 

Systems at Stationary Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action promulgates 

quality assurance and quality control 

(QA/QC) procedures (referred to as 

Procedure 3) for continuous opacity 

monitoring systems (COMS) used to 

demonstrate continuous compliance 

with opacity standards specified in new 

source performance standards (NSPS) 

issued by the EPA pursuant to section 

111(b) of the Clean Air Act (CAA), 

Standards of Performance for New 

Stationary Sources. 

DATES: This final rule is effective on 

November 12, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2010–0873. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 either electronically at 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, William J. 

Clinton West Building, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC. The Docket Facility 

and Public Reading Room are open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Air Docket is 

(202) 566–1742, and the telephone 

number for the Public Reading Room is 

(202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lula H. Melton, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Assessment Division, 

Measurement Technology Group (Mail 

Code: E143–02), Research Triangle Park, 

NC 27711; telephone number: (919) 

541–2910; fax number: (919) 541–0516; 

email address: melton.lula@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. Where can I obtain a copy of this action? 

C. Judicial Review 

II. Background 

III. Summary of Procedure 3 

IV. Public Comments on Proposed Procedure 

3 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. General Information 

A. Does this action apply to me? 

Procedure 3 applies to COMS used to 

demonstrate continuous compliance 

with opacity standards specified in 

NSPS promulgated by the EPA pursuant 

to section 111(b) of the CAA, 42 U.S.C. 

7411(b). 

B. Where can I obtain a copy of this 

action? 

In addition to being available in the 

docket, an electronic copy of this rule 

will also be available on the Worldwide 

Web (www) through the Technology 

Transfer Network (TTN). Following the 

Administrator’s signature, a copy of the 

final rule will be placed on the TTN’s 

policy and guidance page for newly 

proposed or promulgated rules at http:// 

www.epa.gov/ttn/oarpg. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. A redline strikeout 

document that compares this final rule 

to the proposed rule has also been 

added to the docket. 

C. Judicial Review 

Under section 307(b)(1) of the CAA, 

judicial review of this final rule is 

available by filing a petition for review 

in the United States Court of Appeals 

for the District of Columbia Circuit by 

July 15, 2014. Under section 

307(d)(7)(B) of the CAA, only an 

objection to this final rule that was 

raised with reasonable specificity 

during the period for public comment 

can be raised during judicial review. 

Moreover, under section 307(b)(2) of the 

CAA, the requirements that are the 

subject of this final rule may not be 

challenged later in civil or criminal 

proceedings brought by the EPA to 

enforce these requirements. 

II. Background 

Procedure 3 results in national 

consistency in the application of QA/QC 

procedures by applicable sources using 

COMS. We published a direct final rule 

and a parallel proposed rule for 

Procedure 3 in the Federal Register on 

February 14, 2012. The public comment 

period was originally scheduled to end 

on March 15, 2012, but was extended to 

April 30, 2012, at the request of several 

commenters. On March 28, 2012, the 

EPA withdrew the direct final rule 

based on the receipt of adverse 

comments on the parallel proposed rule. 

III. Summary of Procedure 3 

This final rule codifies Procedure 3 in 

40 CFR part 60, Appendix F. Procedure 

3 establishes requirements for daily 

instrument zero and upscale drift 

checks, daily status indicator checks, 

quarterly performance audits, and 

annual zero alignments, and requires 

source owners and operators to have a 

corrective action in place for 

malfunctioning COMS. In addition, 

Performance Specification 1 (which is 

the initial certification for COMS) 

provides requirements for the design, 

performance, and installation of a 

COMS and data computation 

procedures for evaluating the 

acceptability of a COMS. The 

requirements in Procedure 3 are 

modeled after manufacturers’ 

maintenance recommendations. As a 

result, the EPA believes that most, if not 

all, owners/operators are already 

following procedures similar to those 

specified in Procedure 3. Therefore, 

there are no additional costs, or 

reporting burden, associated with 

implementing Procedure 3. 

IV. Public Comments on Proposed 

Procedure 3 

The EPA received 27 comments from 

state agencies, industry, and non-profit 

organizations. Nine commenters noted 

support for Procedure 3. Several 

commenters requested clarity with 

regard to applicability, so the 


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