Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations 28261 

1 In 2006, the United States Court of Appeals for 

the District of Columbia Circuit found in et al., 472 

F.3d 882 (D.C. Cir. 2006) that NSR is a control 

measure and to weaken its requirements under the 

SIP would constitute impermissible backsliding 

under the CAA. 

[Insert new item 10.20.8 and Exhibit 

10.20.8 as follows:] 

10.20.8 Lithium Battery Mailability 

To determine the mailability of 

primary (non-rechargeable) lithium 

metal and lithium alloy batteries, or 

secondary lithium-ion batteries, see 

exhibit below. For detailed information 

refer to 10.20.5 and 10.20.6 respectively. 

EXHIBIT 10.20.8—LITHIUM BATTERY MAILABILITY CHART

Primary Lithium Batteries 1 2 Surface transportation Air transportation Mailpiece weight limit 

Small non-rechargeable consumer-type batteries 

Contained in (properly installed in equipment) ..... Mailable ................................. Mailable ................................. 11 lb. 

Packed with equipment but not installed in equipment.Mailable ................................. Mailable ................................. 11 lb. 

Without the equipment they operate (individual 

batteries).

Mailable ................................. Prohibited .............................. 5 lb. 

1. Each primary cell must not contain more than 1g lithium content. 

2. Each primary battery must not contain more than 2g lithium content. 

Secondary Lithium-ion Batteries 3 4 Surface transportation Air transportation Mailpiece battery limit 

Small rechargeable consumer-type batteries 

Contained in (properly installed in equipment) ..... Mailable ................................. Mailable ................................. No more than 3 batteries. 

Packed with equipment but not installed in equipment.Mailable ................................. Mailable ................................. No more than 3 batteries. 

Without the equipment they operate (individual 

batteries).

Mailable ................................. Mailable ................................. No more than 3 batteries. 

3. Each secondary cell must not contain more than 20 Wh (Watt-hour rating) per cell. 

4. Each secondary battery must not exceed 100 Wh per battery. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2012–11459 Filed 5–11–12; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0925; FRL–9669–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Nonattainment New 

Source Review Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania on August 9, 2007. This 

revision pertains to the preconstruction 

permitting requirements of 

Pennsylvania’s nonattainment New 

Source Review (NSR) program. The 

revision is intended to update 

Pennsylvania’s nonattainment NSR 

regulations to meet EPA’s 2002 NSR 

Reform regulations (NSR Reform), and 

to satisfy the requirements related to 

antibacksliding. Additionally, the 

proposed revision makes clarifying 

changes to regulations that are not 

related to NSR Reform. This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on June 13, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0925. 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection 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: 

Gerallyn Duke, (215) 814–2084, or by 

email at Duke.Gerallyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On January 20, 2012 (77 FR 2937), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval of a SIP 

revision pertaining to preconstruction 

permitting requirements under 

Pennsylvania’s nonattainment NSR 

program. The formal SIP revision was 

submitted by the Pennsylvania 

Department of Environmental Protection 

(PA DEP) on August 9, 2007. 

The history of this SIP, the NSR 

Reform Program, and South Coast Air 

Quality Management District v. EPA 1

(South Coast) decision regarding 

antibacksliding provisions of the EightHour Ozone National Ambient Air 

Quality Standard (69 FR 23951), are 

described in the NPR. The purpose of 

this SIP revision is to incorporate 


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28262 Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations 

changes to Pennsylvania’s 

nonattainment NSR rules made as a 

result of EPA’s 2002 NSR Reform, and 

to address the antibacksliding 

provisions of the South Coast decision. 

In summary, the current NSR Reform 

Rules: (1) Provide a new method for 

determining baseline actual emissions; 

(2) adopt an actual-to-projected actual 

methodology for determining whether a 

major modification has occurred; and 

(3) allow major stationary sources to 

comply with Plantwide Applicability 

Limits (PALs) to avoid having a 

significant emissions increase that 

triggers the requirements of the major 

NSR program (68 FR 63021 and 72 FR 

32526). The 2002 NSR Reform Rules 

require that state agencies adopt and 

submit revisions to their SIP permitting 

programs implementing the minimum 

program elements of the 2002 NSR 

Reform Rules no later than January 2, 

2006. In addition, as a result of the 

South Coast decision, all one-hour 

ozone NAAQS major NSR requirements 

must remain in place where 

classifications under the newer eighthour ozone standard imposed less 

stringent NSR requirements. 

II. Summary of SIP Revision 

The SIP submittal consists of changes 

to 25 Pa. Code Chapter 121, General 

Provisions, and 25 Pa. Code Chapter 

127, Construction, Modification, 

Reactivation, and Operation of Sources. 

This action will update Pennsylvania’s 

nonattainment NSR regulations as 

previously approved on December 9, 

1997 (62 FR 64722). It will incorporate 

for the first time the 2002 ‘‘NSR 

Reform’’ provisions into Pennsylvania’s 

nonattainment NSR program, and will 

satisfy the requirements of the DC 

Circuit Court decision in South Coast 

regarding antibacksliding. The proposed 

regulations were adopted by 

Pennsylvania and became effective on 

May 19, 2007. Other specific 

requirements of the regulations 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 August 9, 2007 

SIP revision, amending Pennsylvania’s 

NSR construction, modification, 

reactivation and operation permit 

programs at 25 Pa. Code Section 121.1 

and 25 Pa. Code Chapter 127, as a 

revision to the Pennsylvania SIP. 

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 Pennsylvania, 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 13, 2012. 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 action pertaining to 

Pennsylvania’ nonattainment NSR 

program 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, Carbon monoxide, 

Incorporation by reference, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 19, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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


emcdonald on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations 28263 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(1) is amended by: 

■ a. Adding entries for Title 25, Sections 

127.201a, 127.203a, and 127.218 in 

alphanumerical order. 

■ b. Revising the existing entries for 

Title 25, Sections 121.1, 127.13, 

127.201, 127.202, 127.203, 127.204 

through 127.210, 127.212, 127.213, 

127.215, and 127.217. 

■ c. Removing the entries for Sections 

127.211 and 127.214. 

The amendments 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 ................................... 5/19/07 5/14/2012 [Insert page number 

where the document begins].

Added 36 terms; Revised 9 

terms; Removed 5 terms. 

*******

Chapter 127—Construction, Modification, Reactivation and Operation of Sources 

*******

Subchapter B—Plan Approval Requirements 

Section 127.13 .......... Extensions .................................. 5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

*******

Subchapter E—New Source Review 

Section 127.201 ........ General requirements ................ 5/19/07 5/14/12 [Insert page number 

where the document begins].

Paragraphs (d) through (f) 

added; paragraph(c) revised. 

Section 127.201a ...... Measurements, abbreviations 

and acronyms.

5/19/07 5/14/12 [Insert page number 

where the document begins].

New. 

Section 127.202 ........ Effective Date ............................. 5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

Section 127.203 ........ Facilities subject to special permit requirements.5/19/07 5/14/12 [Insert page number 

where the document begins].

Paragraphs (a) through (f) revised. 

Section 127.203a ...... Applicability determination ......... 5/19/07 5/14/12 [Insert page number 

where the document begins].

New. 

Section 127.204 ........ Emissions subject to this chapter 5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

Section 127.205 ........ Special permit requirements ...... 5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

Section 127.206 ........ ERC general requirements ........ 5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

Section 127.207 ........ Creditable emissions decrease 

or ERC generation and creation.

5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

Section 127.208 ........ ERC use and transfer requirements.5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

Section 127.209 ........ ERC registry system .................. 5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

Section 127.210 ........ Offset ratios ................................ 5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

Section 127.212 ........ Portable facilities ........................ 5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

Section 127.213 ........ Construction and demolition ...... 5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

Section 127.215 ........ Reactivation ................................ 5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

*******

Section 127.217 ........ Clean Air Act Titles III–V applicability.5/19/07 5/14/12 [Insert page number 

where the document begins].

Revised. 

Section 127.218 ........ PALs ........................................... 5/19/07 5/14/12 [Insert page number 

where the document begins].

New. 


emcdonald on DSK29S0YB1PROD with RULES
28264 Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations 

State citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

*******

* * * * * 

[FR Doc. 2012–11461 Filed 5–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0556; FRL-9669–5 ] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Ohio; Determination of Clean 

Data for the 2006 24-Hour Fine 

Particulate Standard for the 

Steubenville-Weirton Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making a final 

determination regarding the two-state 

Steubenville-Weirton, Ohio-West 

Virginia nonattainment area (hereafter 

referred to as the ‘‘Steubenville-Weirton 

Area’’ or ‘‘Area’’) for the 2006 24-hour 

fine particulate matter (PM2.5) National 

Ambient Air Quality Standard 

(NAAQS). EPA is determining that the 

Steubenville-Weirton Area has attained 

the 24-hour 2006 PM2.5 NAAQS. This 

determination is based upon complete, 

quality assured, and certified ambient 

air monitoring data showing that this 

area has monitored attainment of the 24- 

hour 2006 PM2.5 NAAQS based on the 

2008–2010 data. EPA’s determination 

suspends the obligation of Ohio and 

West Virginia to submit, with respect to 

this area, attainment demonstrations, 

associated reasonably available control 

measures (RACM), reasonable further 

progress plans, contingency measures, 

and other planning State 

Implementation Plans (SIPs) related to 

attainment of the 2006 PM2.5 standard 

for so long as the Area continues to meet 

the 24-hour 2006 PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on June 13, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0556. 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: In 

Region III, Asrah Khadr, Office of Air 

Program Planning, Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, PA 19103– 

2023. The telephone number is (215) 

814–2071. Ms. Khadr can also be 

reached via electronic mail at 

khadr.asrah@epa.gov. In Region V, 

Carolyn Persoon, Air Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region V, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604–3507. Ms. Persoon’s telephone 

number is (312) 353–8290. Ms. Persoon 

can also be reached via electronic mail 

at persoon.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. Summary of Public Comment and EPA 

Response 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is making a final determination 

that the Steubenville-Weirton Area has 

attained the 24-hour 2006 PM2.5

NAAQS. This determination is based 

upon complete, quality assured, and 

certified ambient air monitoring data 

showing that this area has monitored 

attainment of the 2006 PM2.5 NAAQS 

based on data for 2008–2010. 

On October 4, 2011 (76 FR 61291), 

EPA proposed its determination of 

attainment for the Steubenville-Weirton 

Area. A discussion of the rationale 

behind this determination and the effect 

of the determination were included in 

the notice of proposed rulemaking 

(NPR). One adverse comment was 

submitted in response to EPA’s October 

4, 2011 NPR (76 FR 61291). A summary 

of the comment and EPA’s response is 

provided in section III of this document. 

II. What is the effect of this action? 

Under the provisions of EPA’s PM2.5

implementation rule (40 CFR 

51.1004(c)), the requirements for the 

States of Ohio and West Virginia to 

submit, for the Steubenville-Weirton 

Area, an attainment demonstration and 

associated RACM (including reasonably 

available control technology (RACT)), a 

reasonable further progress plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 2006 PM2.5 NAAQS are suspended 

for so long as the Area continues to meet 

the 24-hour 2006 PM2.5 NAAQS. If EPA 

subsequently determines that this Area 

violates the 24-hour 2006 PM2.5

NAAQS, the basis for the suspension of 

the specific requirements, set forth at 40 

CFR 51.1004(c), would no longer exist 

and this area would thereafter have to 

address the pertinent requirements. 

This action, does not constitute a 

redesignation of the SteubenvilleWeirton Area to attainment of the 24- 

hour 2006 PM2.5 NAAQS under section 

107(d)(3) of the Clean Air Act (CAA). 

Further, this action does not involve 

approving maintenance plans for the 

Area as required under section 175A of 

the CAA, nor does it find that the Area 

has met all other requirements for 

redesignation. Even after a 

determination of attainment by EPA, the 

designation status of the SteubenvilleWeirton Area remains nonattainment for 

the 24-hour 2006 PM2.5 NAAQS until 

such time as EPA determines that the 

Area meets the CAA requirements for 

redesignation to attainment and takes 

action to redesignate the SteubenvilleWeirton Area. 

III. Summary of Public Comment and 

EPA Response 

Comment: An Ohio resident 

expressed concern for the air quality in 

the Steubenville-Weirton Area. The 

resident perceives the air quality to be 

poor and thus questioned how this Area 

will be free from requirements to create 

plans for air quality improvement. The 

resident also proposed that areas with 

air quality problems should be subject 

to more stringent standards. 

Response: Since 2006, the States of 

Ohio and West Virginia, as well as the 

Federal government, have implemented 

various measures that have resulted in 

cleaner air in the Steubenville-Weirton 

Area, including, the nitrogen oxides 

(NOX) SIP Call which addressed 

pollutants that can result in acid rain; 

mobile source engine standards leading 

to a decrease in NOX and direct PM2.5; 

fuel standards decreasing sulfur dioxide 

(SO2); as well as rules affecting SO2 and 


emcdonald on DSK29S0YB1PROD with RULES