### 21908 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules

electricity generating units (EGUs) designated as Units 1, 2, and 3 at the Reid Gardner Generating Station in Clark County, Nevada.

(1) Definitions. Terms not defined below shall have the meaning given to
them in the Clean Air Act or EPA’s regulations implementing the Clean Air Act. For purposes of this section:

Ammonia injection shall include any of the following: anhydrous ammonia, aqueous ammonia or urea injection.

Combustion controls shall mean new
low NOX burners, new overfire air, and/ or rotating overfire air.

Continuous emission monitoring system or CEMS means the equipment required by 40 CFR Part 75 to determine compliance with this section.

NO X means nitrogen oxides expressed as nitrogen dioxide (NO 2).

Owner/operator means any person who owns or who operates, controls, or supervises an EGU identified in paragraph (e) of this section.

Unit means any of the EGUs identified in paragraph (e) of this section.

Unit-wide means all of the EGUs identified in paragraph (e) of this

section.

(2) Emission limitations—The NO X limit, expressed as nitrogen dioxide, for Units 1, 2, and 3 shall be 0.20 lb/MMBtu based on a unit-wide heat input weighted average determined over a rolling 30-calendar day period. NO 2 emissions for each calendar day shall be determined by summing the hourly emissions measured in pounds of NO 2 for all operating units. Heat input for each calendar day shall be determined by adding together all hourly heat inputs, in millions of BTU, for all operating units. Each day the thirty-day rolling average shall be determined by adding together that day and the preceding 29 days’ pounds of NO 2 and dividing that total pounds of NO 2 by the sum of the heat input during the same 30-day period. The results shall be the 30-calendar day rolling pound per
million BTU emissions of NO 2.

(3) Compliance date. The owners and operators subject to this section shall comply with the emissions limitations and other requirements of this section within 5 years from promulgation of this paragraph and thereafter.

(4) Testing and Monitoring. (i) The owner or operator shall use 40 CFR Part 75 monitors and meet the requirements
found in 40 CFR Part 75. In addition to these requirements, relative accuracy test audits shall be performed for both
the NO 2 pounds per hour measurement and the hourly heat input measurement,
and shall have relative accuracies of less than 20%. This testing shall be
evaluated each time the 40 CFR Part 75 monitors undergo relative accuracy testing. Compliance with the emission
limit for NO 2 shall be determined by using data that is quality assured and considered valid under 40 CFR Part 75, and which meets the relative accuracy of this paragraph.

(ii) If a valid NO X pounds per hour or heat input is not available for any hour for a unit, that heat input and NO X pounds per hour shall not be used in the calculation of the unit-wide rolling 30- calendar day average. Each Unit shall
obtain at least 90% valid hours of data over each calendar quarter. 40 CFR Part 60 Appendix A Reference Methods may be used to supplement the Part 75 monitoring.

(iii) Upon the effective date of the
unit-wide NO X limit, the owner or operator shall have installed CEMS
software that meets with the requirements of this section for measuring NO 2 pounds per hour and calculating the unit-wide 30-calendar day rolling average as required in paragraph (e)(2) of this section.

(iv) Upon the completion of installation of ammonia injection on any of the three units, the owner or operator shall install, and thereafter maintain and operate, instrumentation to continuously monitor and record levels of ammonia consumption for that unit.

(5) Notifications. (i) The owner or operator shall notify EPA within two weeks after completion of installation of
combustion controls or ammonia injection on any of the units subject to
this section.

(ii) The owner or operator shall also notify EPA of initial start-up of any equipment for which notification was given in paragraph (e)(5)(i).

(6) Equipment Operations. After completion of installation of ammonia injection on any of the three units, the owner or operator shall inject sufficient
ammonia to minimize the NO X emissions from that unit while preventing excessive ammonia

emissions.

(7) Recordkeeping. The owner or operator shall maintain the following records for at least five years:

(i) For each unit, CEMS data measuring NOX in lb/hr, heat input rate per hour, the daily calculation of the unit-wide 30-calendar day rolling lb

NO 2/MMbtu emission rate as required in paragraph (e)(2) of this section.

(ii) Records of the relative accuracy
test for NO X lb/hr measurement and hourly heat input

(iii) Records of ammonia consumption for each unit, as recorded by the instrumentation required in paragraph (e)(4)(iv) of this section. (8) Reporting. Reports and
notifications shall be submitted to the Director of Enforcement Division, U.S. EPA Region IX, at 75 Hawthorne Street, San Francisco, CA 94105. Within 30 days of the end of each calendar quarter after the effective date of this section, the owner or operator shall submit a report that lists the unit-wide 30- calendar day rolling lb NO 2/MMBtu emission rate for each day. Included in this report shall be the results of any relative accuracy test audit performed during the calendar quarter.

(9) Enforcement. Notwithstanding any other provision in this implementation plan, any credible evidence or
information relevant as to whether the unit would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, can be used to
establish whether or not the owner or operator has violated or is in violation of any standard or applicable emission limit in the plan.

[FR Doc. 2012–8713 Filed 4–11–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 52**

**[EPA–R03–OAR–2009–0882; FRL–9656–9]**

**Approval and Promulgation of Air Quality Implementation Plans;**  **Pennsylvania; Streamlining Amendments to the Plan Approval**  **Regulations**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to grant limited approval to a State Implementation Plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) on April 14, 2009. The revision pertains to PADEP’s plan approval requirements for the construction, modification, and operation of sources, and is primarily intended to streamline the process for minor permitting actions. This action is being taken under the Clean Air Act (CAA).

**DATES :**  Written comments must be received on or before May 14, 2012.

**ADDRESSES :**  Submit your comments, identified by Docket ID Number EPA– R03–OAR–2009–0882 by one of the following methods:

A. www.regulations.gov. Follow the on-line instructions for submitting

comments.


### 21909 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules

B . Email: cox.kathleen@epa.gov.

C. Mail: EPA–R03–OAR–2009–0882, 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–2009– 0882. 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.

**FOR FURTHER INFORMATION CONTACT :**  David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.

**SUPPLEMENTARY INFORMATION :**  Throughout this document, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. On April 14, 2009, PADEP
submitted revisions to its State Implementation Plan (SIP). The proposed revisions consist of amendments to the plan approval requirements for the construction, modification, reactivation, and operation of sources.

Table of Contents

I. Background II. Summary of SIP Revision III. Proposed Action IV. Statutory and Executive Order Reviews

I. Background

Generally speaking, anyone constructing or operating a source in Pennsylvania that emits pollutants into the air must comply with the general requirement to obtain a ‘‘plan approval’’ prior to construction as outlined in 25 Pa. Code 127, Subchapters A and B. These subchapters are generally
considered the state’s minor New Source Review (NSR) program covering minor sources as well as minor changes at major sources. Major sources are subject to the additional requirements of subchapters D Prevention Significant Deterioration (PSD) and E (nonattainment NSR). Subchapter E also includes additional provisions relating to minor changes at major sources for ozone precursors Nitrogen Oxides and Volatile Organic Compounds (NOx and VOCs). A plan approval is a permit that authorizes construction, installation, or modification of any air pollution source. In evaluating the plan approval application, PADEP checks to see that both the operation of the source and the control equipment installed to reduce air pollution meet the applicable technical and engineering requirements. The public is given an opportunity to comment on the plan approval application. In addition to being a permit to construct, the plan approval provides temporary authorization for the source to operate to assure that the equipment functions properly. This temporary authorization is known as the ‘‘shakedown’’ period. The plan approval regulations that are the subject of this proposed action are codified at 25 Pa. Code 127, Subchapter B (relating to general requirements for all plan approvals). EPA last took action on these provisions on July 30, 1996. Pennsylvania adopted the amendments being proposed in this action, and published notice of final rulemaking in
the Pennsylvania Bulletin on May 24, 2008. The primary purpose of the
amendments is to streamline the permitting process by eliminating some
of the administrative burden and costs associated with processing minor permitting actions, while preserving the right of the public to review and comment on those proposed actions. The proposed amendments generally affect five regulations: Section 127.12b, pertaining to ‘‘shakedown’’ periods for new or modified sources; section 127.12d, pertaining to completeness determinations; sections 127.44 and 127.45, pertaining to public notice requirements; and section 127.48, pertaining to conferences and hearings. The specific revisions are discussed in
detail below.

II. Summary of SIP Revision

A. 25 Pa. Code 127.12b: Plan Approval
Terms and Conditions

Section 127.12b(d), as approved by EPA on July 30, 1996, authorizes a temporary ‘‘shakedown’’ period for new and modified sources and air cleaning equipment for a period of 180 days pending issuance of a state operating permit or a Title V permit, ‘‘* * * to permit the evaluation of the air contamination aspects of the source’’ (see section 127.12b(d)). The regulation as currently approved in Pennsylvania’s
SIP also allows for limited extensions of this period, with each extension limited to 120 days. The proposed revision increases the permissible duration of the extensions to 180 days.

B. 25 Pa. Code 127.12d: Completeness

Determination

The proposed revisions incorporate new requirements into the Pennsylvania SIP that outline PADEP’s obligations with respect to determining whether an applicant has submitted an administratively complete application, and notifying the applicant of that decision. These requirements are codified at section 127.12d(a) thru (c). Section 127.12d(a) requires PADEP to make a completeness determination and provide notice to the applicant within 30 days of receipt of the application. Section 127.12d(b) establishes guidelines for what constitutes an administratively complete application.


### 21910 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules

In the event an application is deemed to be incomplete, section 127.12d(c) requires PADEP to notify the applicant of the specific deficiency, and to return the application and fees to the applicant if the requested information is not submitted within ten (10) working days of being notified by PADEP that the application is incomplete. These regulations as proposed by PADEP are consistent with CAA requirements, and are in fact more prescriptive than their Federal counterparts at 40 CFR 51.166(q)(1).

C. 25 Pa. Code 127.44: Public Notice and 25 Pa. Code 127.45: Contents of

Notice

The public notice requirements of section 127.44 as currently approved in the Pennsylvania SIP make no distinction between major and minor permitting actions—the requirements are the same. Pennsylvania adopted the proposed revisions to the public notice requirements of section 127.44 (and 127.45, below) in an effort to streamline the process for minor permitting actions
and allow PADEP to focus its limited resources on major permitting actions.

In the current SIP, section 127.44 sections (a)(1) thru (6) list the types of plan approvals for which the public notice requirements apply. These include section (a)(5): ‘‘Other sources required to obtain plan approval,’’ which has the effect of applying the notice requirements to all plan approval actions equally. Pennsylvania has a robust minor New Source Review (NSR) program. Very few sources escape the requirement to obtain a plan approval, and every plan approval is subject to public notice requirements. Prior to these revisions, significant time and resources were being spent on relatively minor permitting actions. The proposed
revisions involve the bifurcation of the notice requirements into a new section 127.44(a) which applies to minor actions, and a new section 127.44(b) which applies to major actions as well as any action for which PADEP determines that significant public interest exists. The remaining unchanged sections were re-ordered sequentially to allow for the bifurcation.

Pursuant to the proposed amendments, under the revised section 127.44(a) PADEP will publish a ‘‘notice of receipt and intent to issue’’ in the Pa.
Bulletin for each plan approval application relating to a minor permitting action. PADEP has, as a policy, generally published two notices for all plan approval actions: one upon receipt of an application, and one of intent to issue a proposed plan approval. Under the proposed revisions, proposed plan approval actions that are subject to section 127.44(a) will be issued at the end of the public comment period without further notice, unless significant public comments are received. The notice requirements for major actions, now at section 127.44(b), were not substantively amended. We read the requirements of section 127.44(f) to apply to all plan approvals that are subject to section 127.44. These include the requirement that the application materials be made available for review in the region affected by the project, and that a 30-day public comment period be established (127.44(f)(1) and (f)(2) respectively).

In the proposed revisions, section 127.45 was similarly bifurcated to incorporate separate requirements for minor and major actions. As with the notice requirements of section 127.44, the content requirements of section 127.45 for permitting actions considered by PADEP to be major, (now at 127.45(b)), were not substantively modified. For minor actions, section 127.45(a) outlines what must be included in each ‘‘notice of receipt and intent to issue.’’ These requirements
include: the name and address of the applicant and the location of the source, a brief discussion of the proposed action including a description of the source, the control technology, the conditions being placed in the permit, and the type and quantity of air contaminants being emitted, as well as a point of contact at PADEP, and the statement that a person may oppose the proposed plan approval by filing a written protest with the appropriate regional office (see proposed section 127.45(a)). The requirements for minor permitting actions under this section do not vary significantly from the requirements for major actions. The primary differences are that section 127.45(b) requires a description of increment consumption (where applicable), and a description of the procedures for reaching a final decision on the proposed plan approval, including the end date for receipt of written protests, procedures for requesting a hearing, and other procedures for public involvement in the final decision (see proposed section 127.45(b)(6)). The result of the proposed
revisions to sections 127.44 and 127.45 is that for minor permitting actions, public notice of the proposed action will be less detailed than for major actions, will be provided once, and only
in the Pa. Bulletin (which publishes online and in print).

The Federal requirements with regard to public availability of information are codified at 40 CFR 51.161. Specifically, 40 CFR 51.161(a) requires that ‘‘[t]he public information must include the agency’s analysis of the effect of
construction or modification on ambient air quality, including the agency’s proposed approval or disapproval.’’ EPA believes that to some extent, the intent of section 51.161(a) was met in sections 127.45(a)(3) and (4) of Pennsylvania’s proposed SIP revision, which discuss the content of the public notice. These sections require a description of the proposed construction or modification, the control technology being installed, the conditions in the proposed permit (with reference to applicable federal requirements), and the type and quantity of air contaminants being emitted. Nevertheless, the agency analysis required by 40 CFR 51.161(a) is not explicitly required in the proposed SIP revision, nor do the regulations of sections 127.44 and 127.45 require that the agency’s analysis be made available for public inspection in at least one location, in accordance with 40 CFR 51.161(b)(1). Section 127.44(f)(1) requires only that the application be made available. Therefore, EPA is proposing to grant limited approval to PADEP’s proposed revision. To receive full approval, PADEP must adopt the explicit requirement that the agency’s analysis be included in the information provided to the public for comment pursuant to 40 CFR 51.161(a), as well as the requirement that the analysis be made available for public inspection pursuant to 40 CFR 51.161(b)(1), and submit those changes to EPA as a formal

SIP revision.

D. 25 Pa. Code 127.48: Conferences and Hearings

The regulations at section 127.48 contain the requirements regarding public hearings or fact finding conferences on proposed plan approvals. The PADEP may, at its discretion, hold such a hearing when it is deemed necessary due to sufficient public impact or interest. The proposed amendments to section 127.48(b) include some clarifying language regarding hearing notices. More substantively, the amendments include the requirement to publish notice ‘‘* * * in a newspaper of general circulation in the county in which the
source is to be located * * *’’. The current SIP only requires that the notice be published in the Pa. Bulletin or a newspaper. The regulations as amended in the proposed SIP revision require both, and as such represent a strengthening of the SIP.

III. Proposed Action

EPA’s review of this material
indicates that with the one noted


### 21911 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules

exception, the proposed revisions to 25 Pa. Code 127, Subchapter B meet or exceed Federal requirements. EPA is proposing to grant limited approval to the Pennsylvania SIP revision, which was submitted on April 14, 2009. 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 (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 proposed action regarding streamlining amendments to Pennsylvania’s plan approval process 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, Incorporation by reference, 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: March 28, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

[FR Doc. 2012–8852 Filed 4–11–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 52**

**[EPA–R09–OAR–2012–0244; FRL–9657–9]**

**Approval and Promulgation of Implementation Plans; State of**  **Arizona; Prevention of Air Pollution Emergency Episodes** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to approve the State Implementation Plan (SIP) revision submitted by the State of Arizona to address the requirements regarding air pollution emergency episodes in Clean Air Act (CAA or Act) section 110(a)(2)(G). Section 110(a)(2)(G) of the Act requires that each SIP provide for authority comparable to
that in section 303 of the Act and adequate contingency plans to implement such authority. EPA is proposing to approve Arizona’s SIP revision as meeting the authority and contingency plans for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards).

**DATES :**  Written comments must be received on or before May 14, 2012.

**ADDRESSES :**  Submit your comments, identified by Docket ID Number EPA– R09–OAR–2012–0244, by one of the following methods:

1. http://www.regulations.gov: Follow the on-line instructions for submitting

comments.

2. Email: buss.jeffrey@epa.gov.

3. Fax: 415–947–3579.

4. Mail or deliver: Jeffrey Buss (AIR– 2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105–3901. Deliveries are only accepted during the Regional Office’s normal hours of operation.

Instructions: All comments will be included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through http://www.regulations.gov or email. http://www.regulations.gov is an anonymous access system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send email directly to EPA, your email address will be automatically captured and included as part of the public comment. 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.

Docket: Generally, documents in the
docket for this action are available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business
hours with the contact listed in the **FOR**

**FURTHER INFORMATION CONTACT** section.

**FOR FURTHER INFORMATION CONTACT :**  Jeffrey Buss, Air Planning Office (AIR– 2), U.S. Environmental Protection Agency, Region IX, (415) 947–4152, buss.jeffrey@epa.gov.

**SUPPLEMENTARY INFORMATION :**  Throughout this document, the terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.

Table of Contents

I. Background