### 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


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

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:


### 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