46516 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations 

NAAQS, and CAA section 

110(a)(2)(D)(i)(II) as it applies to 

visibility for the 2006 PM2.5 and 2008 

ozone NAAQS. This action is being 

taken under section 110 of the CAA. 

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 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves the state’s law 

as meeting Federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the state’s 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 (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 the 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 Oregon, and the EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 30, 

2013. 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 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, 

Ozone, Particulate matter, and 

Reporting and recordkeeping 

requirements. 

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

Dated: July 19, 2013. 

Michelle Pirzadeh, 

Acting Regional Administrator, Region 10. 

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 MM—Oregon 

■ 2. Section 52.1991 is amended by 

redesignating the undesignated text as 

paragraph (a), and by adding paragraph 

(b) to read as follows: 

§ 52.1991 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(b) On September 25, 2008, December 

23, 2010, August 17, 2011, and 

December 19, 2011, the Oregon 

Department of Environmental Quality 

submitted SIP revisions to address the 

requirements of CAA sections 110(a)(1) 

and (2) for the 1997 PM2.5, 2006 PM2.5, 

and 2008 ozone NAAQS. The EPA 

approves the submittals as meeting the 

following CAA section 110(a)(2) 

infrastructure elements for the 1997 

PM2.5, 2006 PM2.5, and the 2008 ozone 

NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). The EPA also 

approves the submittals as meeting the 

requirements of CAA section 

110(a)(2)(D)(i)(II) as it applies to 

prevention of significant deterioration 

for the 2008 ozone NAAQS, and CAA 

section 110(a)(2)(D)(i)(II) as it applies to 

visibility for the 2006 PM2.5 and 2008 

ozone NAAQS. 

* * * * * 

[FR Doc. 2013–18314 Filed 7–31–13; 8:45 am] 

BILLING CODE 6560–50–P 

EVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[PA200–4204; FRL–9811–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

that are incorporated by reference (IBR) 

into the Pennsylvania State 

Implementation Plan (SIP). The 

regulations affected by this update have 

been previously submitted by the 

Pennsylvania Department of 

Environmental Protection (PADEP) and 

approved by EPA. This update affects 

the SIP materials that are available for 

public inspection at the National 

Archives and Records Administration 

(NARA), the Air and Radiation Docket 

and Information Center located at EPA 

Headquarters in Washington, DC, and 

the EPA Regional Office. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations 46517 

DATES: This action is effective August 1, 

2013. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue NW., Room Number 3334, EPA 

West Building, Washington, DC 20460; 

or the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108 or 

by email at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

a state revises as necessary to address its 

unique air pollution problems. 

Therefore, EPA, from time to time, must 

take action on SIP revisions containing 

new and/or revised regulations as being 

part of the SIP. On May 22, 1997 (62 FR 

27968), EPA revised the procedures for 

incorporating by reference Federallyapproved SIPs, as a result of 

consultations between EPA and the 

Office of the Federal Register (OFR). The 

description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997 Federal Register document. On 

February 25, 2005 (70 FR 9450), EPA 

published a document in the Federal 

Register beginning the new IBR 

procedure for Pennsylvania, including 

Philadelphia and Allegheny Counties. 

On January 3, 2007 (72 FR 200), March 

25, 2009 (74 FR 13014), and July 5, 2011 

(76 FR 38992), EPA published updates 

to the IBR material for Pennsylvania. 

Since the publication of the last IBR 

update, EPA has approved the following 

regulatory changes to the following 

regulations and sections for 

Pennsylvania and Allegheny County: 

A. Added Regulations 

1. Additions of the following 

regulations or sections in 25 PA Code, 

article III: 

a. Chapter 123 (Standards for 

Contaminants, Particulate Matter 

Emissions), section 123.14 (Outdoor 

wood-fired boilers). 

b. Chapter 126 (Standard for Motor 

Fuels), subchapter D (Motor Vehicle 

Emissions Control Program), section 

126.451 (Responsibilities of the 

Department). 

c. Chapter 127 (Construction, 

Modification, Reactivation, and 

Operation of Sources), subchapter B 

(Plan Approval Requirements), section 

127.12d (Completeness determination). 

d. Chapter 127, subchapter E (New 

Source Review), sections 127.201a, 

127.203a, and 127.218. 

e. Chapter 129 (Standards for Sources, 

Sources of VOCs), sections 129.52a, 

129.52b, and 129.52c. 

f. Chapter 129 (Standards for Sources, 

Control of Emissions from Glass Melting 

Furnaces), sections 129.301 through 

129.310 inclusive. 

g. Chapter 130 (Standards for 

Products), subchapter D (Adhesives, 

Sealants, Primers, and Solvents), 

sections 130.701 through 130.708 

inclusive. 

h. Chapter 145 (Interstate Pollution 

Transport Reduction), subchapter C 

(Emissions of NOx from Cement 

Manufacturing), sections 145.144, 

145.145, and 145.146. 

2. Addition of Title 35 (Health and 

Safety) of the Pennsylvania Statute (Pa. 

Cons. Stat. Ann.), Chapter 23B (DieselPowered Motor Vehicle Idling Act), 

sections 4601 through 4610 inclusive. 

3. Additions of the following 

regulations or sections in Allegheny 

County Article XXI: 

a. Part B (Permits Generally), Section 

2102.07 (Prevention of Significant 

Deterioration). 

b. Part E (Source Emission and 

Operating Standards), subpart 8 

(Additional Miscellaneous VOC 

Sources), section 2105.88 (Consumer 

Products). 

c. Part E, subpart 10 (NOX Sources), 

section 2105.101 (Control of NOX

Emissions from Glass Melting 

Furnaces). 

B. Revised Regulations 

1. Revisions to the following 

regulations or sections in 25 PA Code, 

Article III: 

a. Chapter 121 (General Provisions), 

section 121.1 (Definitions). 

b. Chapter 126, subchapter D, sections 

126.401, 126.411, 126.412, 126.413, 

126.421 through 126.425 inclusive, 

126.431, 126.432, and 126.441. 

c. Chapter 127, subchapter B, sections 

127.12b, 127.13, 127.44, 127.45, and 

127.48. 

d. Chapter 127, subchapter E, sections 

127.201 through 127.215 inclusive and 

127.217. 

e. Chapter 129, Sources of VOCs, 

sections 129.51, 129.52, and 129.66. 

f. Chapter 145, subchapter C, sections 

145.142 and 145.143. 

2. Revision to Allegheny County 

Article XXI, part B, section 2102.06 

(Major Sources Locating In or Impacting 

a Nonattainment Area). 

C. Removed Regulations 

In 25 PA Code Article III, section 

126.402 (NLEV scope and applicability) 

of chapter 126, subchapter D has been 

removed. 

II. EPA Action 

In this action, EPA is announcing the 

update to the IBR material as of April 1, 

2013. EPA is also correcting 

typographical errors and omissions 

found in the table for paragraph 

52.2020(c)(2), specifically adding a title 

entry for Part E, subpart 8 (Additional 

Miscellaneous VOC Sources) and 

removing the word ‘‘Section’’ in the 

‘‘Article XX or XXI citation’’ column for 

entries 2105.88 and 2105.101. In the 

table for paragraph 52.2020(d)(1), EPA is 

revising the title heading in the second 

column from ‘‘Permit No.’’ to ‘‘Permit 

Number.’’ EPA has determined that the 

actual entries found in the table of 

paragraph 52.2020(d)(1) are correct in 

the Code of Federal Regulations (CFR) 

and need no additional editing at this 

time. EPA has further determined that 

the entries found in the tables of 

paragraphs 52.2020(c)(1), (c)(3), (d)(2) 

through (d)(4), (e)(1), and (e)(2) are 

correct in the CFR and need no 

additional editing at this time. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

removing outdated citations and 

incorrect table entries. 

mstockstill on DSK4VPTVN1PROD with RULES

46518 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act (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 rule 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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

CAA pertaining to petitions for judicial 

review are not applicable to this action. 

Prior EPA rulemaking actions for each 

individual component of the 

Pennsylvania SIP compilations had 

previously afforded interested parties 

the opportunity to file a petition for 

judicial review in the United States 

Court of Appeals for the appropriate 

circuit within 60 days of such 

rulemaking action. Thus, EPA sees no 

need in this action to reopen the 60-day 

period for filing such petitions for 

judicial review for this ‘‘Identification of 

plan’’ update action for Pennsylvania. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and record keeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 25, 2013. 

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 for citation for part 52 

continues to read as follows: 

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

Subpart NN Pennsylvania 

■ 2. Section 52.2020 is amended by: 

■ a. Revising paragraph (b). 

■ b. In paragraph (c)(2), adding a title 

entry for Subpart 8—Additional 

Miscellaneous VOC Sources after the 

existing entry for 2105.79, and revising 

the entries for Sections 2105.88 and 

2105.101. 

■ c. In paragraph (d)(1), revising the 

table heading. 

The amendments read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(b) Incorporation by reference. (1) 

Material listed as incorporated by 

reference in paragraphs (c) and (d) of 

this section with an EPA approval date 

of April 1, 2013 was approved for 

incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR Part 51. The material incorporated 

is as it exists on the date of the approval, 

and notice of any change in the material 

will be published in the Federal 

Register. Entries in paragraphs (c) and 

(d) of this section with EPA approval 

dates on or after April 1, 2013 will be 

incorporated by reference in the next 

update to the SIP compilation. 

(2)(i) EPA Region III certifies that the 

following rules and regulations 

provided by EPA at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated State rules/regulations 

which have been approved as part of the 

State implementation plan as of April 1, 

2013: 

(A) Materials in Notebook ‘‘40 CFR 

52.2020(c)(1)—1. PA Department of 

Environmental Protection (PA DEP); 2. 

PA Department of Transportation (PA 

DOT).’’ 

(B) Materials in Notebook ‘‘1. 40 CFR 

52.2020(c)(2)—Allegheny County Health 

Department (ACHD); 2. 40 CFR 

52.2020(c)(3)—Philadelphia Air 

Management Services (AMS).’’ 

(ii) EPA Region III certifies that the 

following source-specific requirements 

provided by EPA at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated State source-specific 

requirements which have been 

approved as part of the State 

implementation plan as of November 1, 

2006. No additional revisions were 

made between November 1, 2006 and 

April 1, 2013: 

(A) [Reserved.] 

(B) Materials in Notebook ‘‘40 CFR 

52.2020(d)(1)—Source-specific 

Requirements—Volume 1, Part 1.’’ 

(C) Materials in Notebook ‘‘40 CFR 

52.2020(d)(1)—Source-specific 

Requirements—Volume 1, Part 2.’’ 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations 46519 

(D) Materials in Notebook ‘‘40 CFR 

52.2020(d)(1)—Source-specific 

Requirements—Volume 2, Part 1.’’ 

(E) Materials in Notebook ‘‘40 CFR 

52.2020(d)(1)—Source-specific 

Requirements—Volume 2, Part 2.’’ 

(F) Materials in Notebook ‘‘40 CFR 

52.2020(d)(1)—Source-specific 

Requirements—Volume 3.’’ 

(G) Materials in Notebook ‘‘40 CFR 

52.2020(d)(1)—Source-specific 

Requirements—Volume 4.’’ 

(H) Materials in Notebook ‘‘40 CFR 

52.2020(d)(1)—Source-specific 

Requirements—Volume 5.’’ 

(I) Materials in Notebook ‘‘40 CFR 

52.2020(d)(2)–(d)(4)—Source-specific 

Requirements.’’ 

(iii) EPA Region III certifies that the 

materials in Notebook ‘‘40 CFR 

52.2020(d)(1)—Source-specific 

Requirements—Volume 6’’ provided by 

EPA at the addresses in paragraph (b)(3) 

of this section are an exact duplicate of 

the officially promulgated State sourcespecific requirements which have been 

approved as part of the State 

implementation plan as of November 1, 

2008. No additional revisions were 

made between November 1, 2008 and 

April 1, 2013. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the EPA Region III Office at 

1650 Arch Street, Philadelphia, PA 

19103. For further information, call 

(215) 814–2108; the EPA, Air and 

Radiation Docket and Information 

Center, Room Number 3334, EPA West 

Building, 1301 Constitution Avenue 

NW., Washington, DC 20460. For further 

information, call (202) 566–1742; or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/code_of_federal_

regulations/ibr_locations.html. 

(c) EPA-approved regulations. 

EPA-Approved Regulations and 

Statutes 

(c)(1) * * * 

(2) 

EPA-APPROVED ALLEGHENY COUNTY HEALTH DEPARTMENT (ACHD) REGULATIONS

Article XX or XXI citation Title/subject State effective 

date EPA approval date Additional explanation/ § 52.2063 citation 

*******

Part E—Source Emission and Operating Standards 

*******

Subpart 8—Additional Miscellaneous VOC Sources 

2105.88 ................................... Consumer Products ............... 4/3/12 11/29/12, 77 FR 71115 

* * * * * * * 

Subpart 10—NOX Sources 

2105.101 ................................. Control of NOX Emissions 

from Glass Melting Furnaces.

4/3/12 11/29/12, 77 FR 71117 

* * * * * * * 

(3) * * * (d) EPA-Approved State SourceSpecific Requirements 

EPA-APPROVED SOURCE-SPECIFIC REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) REQUIREMENTS FOR

VOLATILE ORGANIC COMPOUNDS (VOC) AND OXIDES OF NITROGEN (NOX) 

Name of source Permit No. County State effective 

date EPA approval date 

Additional 

explanation/ 

§ 52.2063 citation 

For exceptions, see the applicable paragraphs in 40 CFR § 52.2063(c) 

*******

* * * * * 

[FR Doc. 2013–18415 Filed 7–31–13; 8:45 am] 

BILLING CODE P 

mstockstill on DSK4VPTVN1PROD with RULES