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[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Rules and Regulations]
[Pages 58114-58116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24099]

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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.

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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

[[Page 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 wood-fired 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:

[[Page 58116]]

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec. 52.2020, the table in paragraph (c)(1) is amended by:
0
a. Revising entry for Section 121.1.
0
b. Adding entry for Section 123.14 after the existing entry for Section 
123.13(a) through (c).
    The amendments read as follows:

Sec. 52.2020   Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

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                                                                                                 Additional
        State citation          Title/subject     State  effective      EPA approval date    explanation/  Sec.
                                                        date                                  52.2063 citation
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                                       Title 25--Environmental Protection
                                           Article III--Air Resources
                                         Chapter 121 General Provisions
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Section 121.1................  Definitions....  12/18/10............  9/20/11 [Insert page  Added new
                                                                       number where the      definitions and
                                                                       document begins].     terms. The State
                                                                                             effective date is
                                                                                             10/2/10.
 
                                                 * * * * * * *
                                     Chapter 123--Standard for Contaminants
----------------------------------------------------------------------------------------------------------------
 
                                                 * * * * * * *
                                          Particulate Matter Emissions
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                                                * * * * * * * * *
Section 123.14...............  Outdoor wood-    10/2/10.............  9/20/11 [Insert page  New section.
                                fired boilers.                         number where the
                                                                       document begins].
 
                                                  * * * * * * *
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[FR Doc. 2011-24099 Filed 9-19-11; 8:45 am]
BILLING CODE 6560-50-P
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