58114 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the creation of safety zones. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be available in the docket where 

indicated under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T13–175 to read as 

follows: 

§ 165.T13–175 Safety Zone; M/V DAVY 

CROCKETT Cleanup site, Columbia River. 

(a) Location: The following area is a 

safety zone: 

(1) All waters of the Columbia River 

encompassed within the following four 

points: Point one at 45°34′59.74′′ N/ 

122°28′35.00′′ W on the Washington 

bank of the Columbia River then 

proceeding into the river to point two at 

45°34′51.42′′ N/122°28′35.47′′ W, then 

proceeding upriver to the third point at 

45°34′51.02′′ N/122°28′07.32′′ W, then 

proceeding to the shoreline to the fourth 

point on the Washington Bank at 

45°34′56.06′′ N/122°28′07.36′′ W, then 

back along the shoreline to point one. 

Geographically this encompasses all the 

waters within an area starting at 

approximately 300 ft upriver from the 

cofferdam cleanup site extending to 300 

ft abreast of the cofferdam cleanup site 

and then ending 300 ft down river of the 

cofferdam cleanup site. 

(2) [Reserved] 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no person may enter or 

remain in the safety zone created in this 

section or bring, cause to be brought, or 

allow to remain in the safety zone 

created in this section any vehicle, 

vessel, or object unless authorized by 

the Captain of the Port, Columbia River 

or his designated representative. 

(c) Enforcement Period. The safety 

zone created in this section will be in 

effect from September 1, 2011 through 

October 31, 2011 unless cancelled 

sooner by the Captain of the Port, 

Columbia River. 

Dated: August 30, 2011. 

B.C. Jones, 

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

Port, Columbia River. 

[FR Doc. 2011–24146 Filed 9–19–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0288; FRL–9468–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Control of Particulate 

Matter Emissions From the Operation 

of Outdoor Wood-Fired Boilers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. This SIP revision pertains 

to the control of particulate matter 

emissions from the operation of outdoor 

wood-fired boilers (OWBs). EPA is 

approving this revision to reduce 

particular matter emissions from the 

operation of outdoor wood-fired boilers 

in accordance with the requirements of 

the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on October 20, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0288. All 

documents in the docket are listed in 

the http://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 

http://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 


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Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 58115 

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: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 15, 2011 (76 FR 41742), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval for the control 

of particulate matter emissions from the 

operation of OWBs. The formal SIP 

revision was submitted by the 

Pennsylvania Department of the 

Environmental Protection (PADEP) on 

October 20, 2010. No public comments 

were received on the NPR. 

II. Summary of SIP Revision 

The SIP revision adds definitions and 

terms to Title 25 of the Pennsylvania 

Code (25 Pa. Code) Chapter 121.1, 

relating to definitions, used in the 

substantive provision of this SIP 

revision. In addition, the SIP revision 

adds a new regulation to 25 Pa. Code 

Chapter 123 (Standards for 

Contaminants) Particulate Matter 

Emissions, Section 123.14 (Outdoor 

Wood-Fired Boilers). The emissions 

standard established in this SIP revision 

is the Phase 2 emissions standard 

described in the EPA voluntary OWB 

program. The SIP revision is also based 

on the Northeast States for Coordinated 

Air Use Management (NESCAUM) 

model rule. 

The new regulation (Section 123.14) 

applies to the following: (1) To a person, 

manufacturer, supplier or distributor 

who sells, offers for sale, leases or 

distributes an outdoor wood-fired boiler 

for use; (2) a person who installs an 

outdoor wood-fired boiler; and (3) a 

person who purchases, receives, leases, 

owns, uses or operate an outdoor woodfired boiler. The new regulation consists 

of the following: (1) Exemptions for a 

non-Phase 2 OWB; (2) Phase 2 OWB 

provisions; (3) setback requirements for 

new Phase 2 OWBs; (4) stack height 

requirements for new Phase 2 OWBs; (5) 

allowed fuels; (6) prohibited fuels; and 

(7) applicable laws and regulatory 

requirements. Other specific 

requirements for the control of 

particulate matter emissions from the 

operation of OWBs and the rationale for 

EPA’s proposed action are explained in 

the NPR and will not be restated here. 

III. Final Action 

EPA is approving 25 Pa. Code Chapter 

121.1, relating to definitions used in the 

substantive provision of this SIP 

revision and the new regulation 

pertaining to 25 Pa. Code Chapter 123 

(Standards for Contaminants) 

Particulate Matter Emissions, Section 

123.14 (Outdoor Wood-Fired Boilers) as 

revisions 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 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 November 21, 2011. 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’s control of 

particulate matter emissions from the 

operation of outdoor wood-fired boilers, 

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, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: August 31, 2011. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 


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58116 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 

PART 52—[AMENDED] 

■ 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 

(c)(1) is amended by: 

■ a. Revising entry for Section 121.1. 

■ b. Adding entry for Section 123.14 

after the existing entry for Section 

123.13(a) through (c). 

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 .............. 12/18/10 ........... 9/20/11 [Insert page number where the 

document begins].

Added new definitions and terms. The 

State effective date is 10/2/10. 

* * * * * * * 

Chapter 123—Standard for Contaminants 

*******

Particulate Matter Emissions 

* * * * * * * * * 

Section 123.14 ....... Outdoor wood-fired 

boilers.

10/2/10 ............. 9/20/11 [Insert page number where the 

document begins].

New section. 

*******

* * * * * 

* * * * * 

[FR Doc. 2011–24099 Filed 9–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0475; FRL- 9466–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia, Maryland, and Virginia; 

2002 Base Year Emission Inventory, 

Reasonable Further Progress Plan, 

Contingency Measures, Reasonably 

Available Control Measures, and 

Transportation Conformity Budgets for 

the Washington, DC 1997 8-Hour 

Moderate Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the District of Columbia, 

the State of Maryland, and the 

Commonwealth of Virginia (the States). 

These revisions pertain to the 2002 base 

year emissions inventory, the reasonable 

further progress (RFP) plan, RFP 

contingency measure, and reasonably 

available control measure (RACM) 

requirements of the Clean Air Act (CAA) 

for the Washington, DC–MD–VA 

moderate 1997 8-hour ozone 

nonattainment area (the Washington 

Area). EPA is also approving the 2008 

transportation conformity motor vehicle 

emissions budgets (MVEBs) associated 

with this revision. EPA is approving the 

SIP revisions because they satisfy the 

emission inventory, RFP, RACM, RFP 

contingency measures, and 

transportation conformity requirements 

for areas classified as moderate 

nonattainment for the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS) and demonstrate 

further progress in reducing ozone 

precursors. This action is being taken 

under the CAA. 

DATES: Effective Date: This final rule is 

effective on October 20, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0475. All 

documents in the docket are listed in 

the http://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 

http://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 District of Columbia. 

Department of the Environment, Air 

Quality Division, 1200 1st Street, NE., 

5th floor, Washington, DC 20002; the 

Maryland Department of the 

Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230; and the Virginia 

Department of Environmental Quality, 

629 East Main Street, Richmond, 

Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 30, 2011 (76 FR 38334), EPA 

published a notice of proposed 

rulemaking (NPR) for the District of 

Columbia, the State of Maryland, and 

the Commonwealth of Virginia. The 

NPR proposed approval of the 2002 base 

year emissions inventory, the RFP plan, 

RFP contingency measure, and RACM 

analysis for the Washington, DC–MD– 

VA moderate 1997 8-hour ozone 


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