34300 Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Proposed Rules 

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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 (Public Law 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 proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: May 17, 2012. 

W.C. Early 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–14094 Filed 6–8–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0378; FRL–9685–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Revision to Allegheny 

County Regulations for Prevention of 

Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the Pennsylvania 

Department of Environmental Protection 

(PADEP). This revision pertains to the 

Air Pollution Control portion of the 

Allegheny County Health Department 

(ACHD) Rules and Regulations, relating 

to ACHD’s Prevention of Significant 

Deterioration (PSD) program. 

Additionally, EPA is proposing to make 

a determination that the proposed SIP 

revision will satisfy the Clean Air Act 

(CAA) infrastructure requirements 

relating to PSD for the 1997 ozone and 

particulate matter less than 2.5 

micrometers (PM2.5) National Ambient 

Air Quality Standards (NAAQS) and the 

2006 PM2.5 NAAQS. This Action is 

being taken under the section 110(k) of 

the CAA. 

DATES: Written comments must be 

received on or before July 11, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0378 by one of the 

following methods. 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Cox.Kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0378, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, 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–2012– 

0378. 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. 

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; 

and Allegheny County Health 

Department, Bureau of Environmental 

Quality, Division of Air Quality, 301 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Proposed Rules 34301 

39th Street, Pittsburgh, Pennsylvania 

15201. 

FOR FURTHER INFORMATION CONTACT: Paul 

T. Wentworth, P.E. at: (215) 814–2183, 

or by email at wentworth.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. On July 1, 2008, PADEP submitted 

a revision to its SIP on behalf ACHD. 

The SIP submittal consists of changes to 

the ACHD Rules and Regulations, 

Article XXI, Air Pollution Control, 

relating to ACHD’s PSD program. 

I. Background 

On December 14, 1983, EPA delegated 

authority to ACHD to implement and 

enforce the provisions of Title 40 Code 

of Federal Regulations (CFR) Part 40 

CFR 52.21 on behalf of EPA (see 48 FR 

55625, December 14, 1983). 

On February 13, 2003, ACHD 

requested EPA to update and affirm the 

existing delegation of authority 

agreement between Allegheny County 

and EPA based on the representations 

included in Allegheny County’s 

February 13, 2003 letter to EPA (see 68 

FR 14617). On March 18, 2003, EPA 

formally notified ACHD that as of the 

publication date of the information 

notice in the Federal Register (March 

26, 2003), pursuant to 40 CFR 52.21(u), 

ACHD was delegated full authority to 

implement all portions of the federal 

PSD program in 40 CFR 52.21. Future 

additions, revisions, or deletions to 40 

CFR 52.21 which are adopted by EPA 

are automatically incorporated into this 

delegation of authority agreement. EPA 

noted that authority is delegated to 

ACHD for all sources located in 

Allegheny County subject to review 

pursuant to the federal PSD program. 

This includes all source categories listed 

in 40 CFR 52.21 for each pollutant 

regulated by the CAA (see 68 FR 14617). 

II. Summary of SIP Revision 

On July 1, 2008, PADEP submitted 

ACHD’s proposed revision to their 

portion of the SIP. This SIP submission 

adds Allegheny County’s Prevention of 

Significant Deterioration (PSD) 

regulations at Article XXI section 

2102.07 entitled, ‘‘Prevention of 

Significant Deterioration,’’ by 

incorporating by reference, the federal 

PSD program at 40 CFR 52.21 in its 

entirety. In addition, ACHD requests 

that as their regulation automatically 

incorporates by reference all future 

changes to 40 CFR 52.21, that such 

future changes be automatically 

incorporated into the SIP. 

The SIP revision submitted by ACHD 

on July 1, 2008 contained a provision in 

section 2102.07(d) that would relieve a 

person of the duty to comply with the 

PSD requirements as promulgated by 

EPA and incorporated in section 

2102.07 if such person was ‘‘legally 

temporarily relieved of the duty to 

comply.’’ On May 1, 2012 PADEP 

submitted a letter notifying EPA that 

they were withdrawing that portion of 

the SIP revision. 

III. Proposed Action 

EPA is proposing to approve ACHD’s 

PSD permitting program by proposing 

approval of this SIP submission with the 

exception of the language in section 

2102.7 as described above. EPA has 

determined that this revision is 

approvable because it conforms to the 

CAA and implementing regulations. 

Additionally, EPA is proposing to 

determine that ACHD has met its 

obligations pursuant to the PSD portion 

of the CAA infrastructure requirements 

of sections 110(a)(2)(C), (D)(i)(II), and (J) 

for the 1997 ozone and PM2.5 NAAQS 

and the 2006 PM2.5 NAAQS. Copies of 

the technical support document 

supporting EPA’s decision to approve 

ACHD’s PSD permitting program and 

EPA’s determination that ACHD has met 

its obligations pursuant to the PSD 

portion of the infrastructure 

requirements of the CAA can be 

obtained from the docket as discussed 

in the ADDRESSES section above. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 (Public Law 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 proposed SIP 

revision, regarding Allegheny County’s 

Prevention of Significant Deterioration 

(PSD) program, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: May 21, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–14138 Filed 6–8–12; 8:45 am] 

BILLING CODE 6560–50–P 

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