2834 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Rules and Regulations 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 16, 2014. 

William 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 VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by adding the entry in 

the chart below as the last entry for 

‘‘Terms Defined’’ under State citation 5– 

10–20. The additional text reads as 

follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State 

citation Title/subject State effective date EPA approval date Explanation [former SIP citation] 

9 VAC 5, Chapter 10 General Definitions [Part 1] 

*******

5–10–20 .. Terms Defined .................................. 08/28/13 [01/21/15] [Insert Federal Register 

citation].

Terms Added—Certified Mail, Mail. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–00639 Filed 1–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0342; FRL–9921–66– 

Region 3] 

Approval and Promulgation of 

Implementation Plans; Pennsylvania; 

Pennsylvania Regional Haze State 

Implementation Plan Revision— 

Particulate Matter Best Available 

Retrofit Technology Limit for the 

Cheswick Power Plant in Allegheny 

County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Pennsylvania State Implementation 

Plan (SIP) submitted by the 

Commonwealth of Pennsylvania 

through the Pennsylvania Department of 

Environmental Protection (PADEP). 

This SIP revision addresses an error in 

the Best Available Retrofit Technology 

(BART) requirements for Boiler Number 

1 of the Cheswick Generating Station 

(Cheswick) in Allegheny County. EPA is 

approving the portion of Pennsylvania’s 

SIP revision addressing the particulate 

matter (PM) BART requirements as it is 

in accordance with the requirements of 

the Clean Air Act (CAA) and EPA’s 

rules for BART. 

DATES: This final rule is effective on 

February 20, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0342. 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: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Regional haze is visibility impairment 

that is produced by a multitude of 

sources and activities which are located 

across a broad geographic area and emit 

fine particles (e.g., sulfates, nitrates, 

organic carbon, elemental carbon, and 

soil dust) and their precursors (e.g., 

sulfur dioxide (SO2), nitrogen oxides 

(NOX), and in some cases, ammonia 

(NH3) and volatile organic compounds 

(VOC)). Fine particle precursors react in 

the atmosphere to form fine particulate 

matter (PM2.5), which impairs visibility 

by scattering and absorbing light. 

Visibility impairment reduces the 

clarity, color, and visible distance that 

one can see. Section 169A of the CAA 

establishes as a national goal the 

‘‘prevention of any future, and the 

remedying of any existing, impairment 

of visibility in mandatory class I Federal 

areas which impairment results from 

manmade air pollution’’ and requires 

SIPs for states whose emissions may 

reasonably be anticipated to cause or 

contribute to visibility impairment in 

Class I areas to contain emission limits, 

compliance schedules and other 

measures as may be necessary to make 

reasonable progress toward the national 

goal of achieving natural visibility 

conditions in Class I areas. A regional 

haze SIP generally must include, among 

other measures, source-specific BART 

emission limits for each source subject 

to BART. A detailed discussion of the 

requirements of the regional haze 

program can be found in our earlier 

notice proposing action on 

Pennsylvania’s regional haze SIP. See 77 

FR 3984 (January 26, 2012). 

On December 20, 2010, PADEP 

submitted revisions to the Pennsylvania 

SIP to address regional haze 


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Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Rules and Regulations 2835 

requirements as required by the CAA. 

Among the measures included in the 

SIP submission and approved by EPA 

for the SIP on July 13, 2012 (77 FR 

41279) was a coarse PM (PM10) BART 

emission limit for Cheswick of 361 tons 

per year (tpy). PADEP has determined 

that this limit was set in error and 

submitted a SIP revision on March 25, 

2014 to correct the PM10 BART emission 

limit. On October 30, 2014 (79 FR 

64539), EPA published a notice of 

proposed rulemaking (NPR) for the 

Commonwealth of Pennsylvania. In the 

NPR, EPA proposed approval of the 

portion of Pennsylvania’s March 25, 

2014 SIP revision addressing the PM10

BART requirements as it is in 

accordance with the requirements of the 

CAA and EPA’s rules for BART. 

II. Summary of SIP Revision 

PADEP explained in its March 25, 

2014 SIP revision that the PM10 BART 

emission limit of 361 tpy for Boiler No. 

1 at Cheswick included in the December 

20, 2010 regional haze SIP submission 

was found to be incorrect during the 

public comment period for EPA’s 

proposed approval of the regional haze 

SIP. The December 20, 2010 regional 

haze SIP submittal included the 361 tpy 

PM10 limit because at the time PADEP 

was assessing the appropriate BART 

limits, it decided to base the PM10 BART 

limit on the May 4, 2009 BART review 

memo for Cheswick which referred to 

conditions of certain permits for 

Cheswick as BART, and the review 

memo listed Cheswick’s potential to 

emit at 361 tpy. However, PADEP later 

discovered the PM10 potential to emit 

included in the May 4, 2009 BART 

review memo was incorrect and that 

Cheswick’s permits included a PM10

emission limit of 180 pounds per hour 

(lbs/hr). The March 25, 2014 SIP 

revision replaces the incorrect PM10

emission limit of 361 tpy with the 

correct BART PM10 emission limit for 

Boiler No. 1 of 180 lbs/hr, which 

includes condensable particulate matter, 

but excludes sulfuric acid mist (H2SO4). 

The March 25, 2014 SIP revision 

submittal included a revised BART 

review memo for Cheswick which 

recommended the PM10 emission limit 

of 180 lbs/hr as BART for Cheswick 

based largely on minimal visibility 

impacts to Class I areas from Cheswick 

and installed pollution controls at 

Cheswick in accordance with 40 CFR 

part 51, appendix Y, Guidelines for 

BART Determinations Under the 

Regional Haze Rule (the BART 

Guidelines). The rationale for EPA’s 

proposed action approving the PM10

BART revision for Cheswick and finding 

the SIP revision would not interfere 

with visibility improvement or any CAA 

requirement is explained in detail in the 

NPR as in accordance with sections 110, 

169A, and 169B of the CAA and with 

the regional haze regulations at 40 CFR 

51.308 and will not be restated here. No 

adverse public comments were received 

on the NPR. 

III. Final Action 

EPA is approving a portion of 

Pennsylvania’s March 25, 2014 revision 

to its regional haze SIP which revises 

the PM10 BART emission limitation for 

Cheswick. EPA will take later, separate 

action concerning the remainder of the 

March 25, 2014 SIP revision which 

included revised BART emission limits 

for sulfur dioxide and nitrogen oxides. 

This conclusion is based on our review 

of the March 25, 2014 SIP revision as 

well as Pennsylvania’s regional haze SIP 

including technical data and supporting 

analysis. The PM10 emission rate of 180 

lbs/hr (including condensables and 

excluding H2SO4) supersedes the 

previous PM10 BART determination for 

Cheswick included in the December 20, 

2010 regional haze SIP which EPA 

approved July 13, 2012 (77 FR 41279). 

EPA finds Pennsylvania’s PM10 BART 

determination for Cheswick reasonable 

and finds the revision will not interfere 

with visibility improvements or any 

other CAA requirements set forth in 

sections 110(l), 169A, and 169B of the 

CAA, as well as in our implementing 

regulations at 40 CFR 51.308. 

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 revising a BART 

limitation for Cheswick 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. Section 804, 

however, exempts from section 801 the 

following types of rules: Rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 


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2836 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Rules and Regulations 

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 March 23, 2015. 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 revising 

the PM10 BART emission limitation for 

Cheswick for Pennsylvania’s regional 

haze SIP 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, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: December 30, 2014. 

William C. Early, 

Acting Regional Administrator, Region III. 

Therefore, 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 adding an entry 

under ‘‘Regional Haze Plan’’ to read as 

follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory 

SIP revision 

Applicable geographic 

area 

State submittal 

date EPA approval date Additional explanation 

*******

Regional Haze Plan ....... Statewide ..................... 3/25/14 [01/21/15] [Insert Federal Register citation].Revises PM10 Best Available Retrofit Technology emission limit for Boiler No. 1 of the 

Cheswick Power Plant in Allegheny County. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–00867 Filed 1–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[ET Docket No. 10–97; DA 14–1189] 

Unlicensed Personal Communications 

Service Devices in the 1920–1930 MHz 

Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document modifies the 

rules governing the operation of 

Unlicensed Personal Communications 

Service (UPCS) devices in the 1920– 

1930 MHz band (UPCS band) to 

reference the 2013 version of the 

American National Standards Institute 

(ANSI) C63.17 standard, Methods of 

Measurement of the Electromagnetic 

and Operational Compatibility of 

Unlicensed Personal Communications 

Service (UPCS) Devices, ANSI C63.17– 

2013, by which UPCS devices must be 

measured for compliance with the 

technical requirements in the 

Commission’s regulations. 

DATES: Effective January 21, 2015. The 

incorporation by reference listed in the 

rule is approved by the Director of the 

Federal Register as of January 21, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Forster, (202) 418–7061, Policy 

and Rules Division, Office of 

Engineering and Technology, (202) 418– 

2290, Patrick.Forster@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, ET 

Docket No. 10–97, adopted August 13, 

2014, and released August 14, 2014, DA 

14–1189. The full text of this document 

is available on the Commission’s 

Internet site at www.fcc.gov. It is also 

available for inspection and copying 

during regular business hours in the 

FCC Reference Center (Room CY–A257), 

445 12th Street SW., Washington, DC 

20554. The full text of this document 

also may be purchased from the 

Commission’s duplication contractor, 

Best Copy and Printing Inc., Portals II, 

445 12th St. SW., Room CY–B402, 

Washington, DC 20554; telephone (202) 

488–5300; fax (202) 488–5563; email 

FCC@BCPIWEB.COM. 

Summary of the Order 

1. The Order modifies the rules in 

part 15 subpart D governing the 

operation of UPCS devices in the 1920– 

1930 MHz band (UPCS band) to 

reference the 2013 version of the ANSI 

C63.17 standard, Methods of 

Measurement of the Electromagnetic 

and Operational Compatibility of 

Unlicensed Personal Communications 

Service (UPCS) Devices, ANSI C63.17– 

2013. This version of the standard 

supersedes ANSI C63.17–2006, which 

contains measurement procedures for 

verifying the compliance of UPCS 

devices (including wideband voice and 

data devices) that operate in the 1920– 

1930 MHz frequency band with 

applicable requirements regarding 

radiofrequency (RF) emission levels and 

spectrum access procedures in part 15 

subpart D of the Commission’s rules. 

Background 

2. The 1920–1930 MHz band is 

allocated to Fixed and Mobile services 

on a primary basis and is designated for 

use by UPCS devices on an unlicensed 

basis. Under the Commission’s part 15 

rules, the 1920–1930 MHz band may be 

used for both asynchronous (generally 

data) and isochronous (generally voice) 

UPCS devices. Currently, the most 

widespread use of the 1920–1930 MHz 

band is for unlicensed cordless 

telephones. UPCS devices operating in 

the 1920–1930 MHz band may not cause 

harmful interference to authorized radio 

services and must accept any 

interference received. In order to limit 

the influence of and interference 

potential from UPCS devices to 

adjacent-channel, co-channel, and 

adjacent-band devices, the 

Commission’s rules limit UPCS devices’ 

emissions bandwidth, peak power, and 

in-band and out-of-band emissions. To 

facilitate the sharing of channels in the 


wreier-aviles on DSK4TPTVN1PROD with RULES