Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 71115 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0797; FRL–9755–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County 

Incorporation by Reference of 

Pennsylvania’s Consumer Products 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Pennsylvania State Implementation Plan 

(SIP) submitted by the Pennsylvania 

Department of Environmental Protection 

(PADEP). The SIP revision adds Section 

2105.88—Consumer Products from 

Allegheny County Health Department 

(ACHD) Rules and Regulations, Article 

XXI, Air Pollution Control to 

incorporate by reference 25 Pa. Code 

sections 130.201–130.471 (Consumer 

Products) of the PADEP Air Pollution 

Control Act. EPA is approving these 

revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on January 

28, 2013 without further notice, unless 

EPA receives adverse written comment 

by December 31, 2012. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0797 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0797, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, 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–2012– 

0797. 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 Allegheny County 

Health Department, Bureau of 

Environmental Quality, Division of Air 

Quality, 301 39th Street, Pittsburgh, 

Pennsylvania 15201. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 25, 2012, PADEP submitted 

to EPA a revision to the Allegheny 

County portion of the Pennsylvania SIP. 

The SIP revision seeks to add Section 

2105.88—Consumer Products from 

ACHD’s Rules and Regulations, Article 

XXI, Air Pollution Control to 

incorporate by reference 25 Pa. Code 

sections 130.201–130.471 (Consumer 

Products) of PADEP’s Air Pollution 

Control Act. This regulation controls the 

volatile organic compound (VOC) 

content of consumer products for sale in 

the Commonwealth of Pennsylvania in 

order to reduce VOC levels. 

On December 8, 2004 (69 FR 70895), 

EPA approved into the Pennsylvania 

SIP 25 Pa. Code Chapter 130, 

Subchapter B, that included VOC 

content limits for consumer products. 

On October 18, 2010 (75 FR 63717), EPA 

approved a revision to the Pennsylvania 

SIP that amended 25 Pa. Code Chapter 

130, Subchapter B in order to add and 

revise VOC content limits of consumer 

products. In addition, the approved SIP 

revision added and amended definitions 

in order to provide clarity. ACHD is 

incorporating by reference the same 

provisions in 25 Pa. Code sections 

130.201–130.471 in order to regulate 

consumer products in Allegheny 

County. Further details of the 

Commonwealth of Pennsylvania’s 

regulation for consumer products can be 

found in Docket ID No. EPA–R03–OAR– 

2010–0319 at www.regulations.gov. 

II. Summary of SIP Revision 

The Pennsylvania SIP revision adds 

section 2105.88 from ACHD Rules and 

Regulations, Article XXI, Air Pollution 

Control to incorporate by reference 

Pennsylvania’s regulation for consumer 

products promulgated under the Air 

Pollution Control Act at 25 Pa. Code 

sections 130.201–130.471. The 

incorporation by reference provides that 

section 2105.88 shall be applied 

consistent with the provisions of 

Pennsylvania’s regulation for consumer 

products. Any additions, revisions, or 

deletions to the consumer products 

regulation by Pennsylvania shall be 

incorporated into section 2105.88 and 

are effective on the date established by 

Pennsylvania regulations. The addition 

of section 2105.88 to ACHD Rules and 

Regulations provides ACHD the 

authority to request information on VOC 

levels in consumer products that are 

listed in 25 Pa. Code sections 130.201– 

130.471 for sale in Allegheny County to 

ensure that products do not exceed 

accepted VOC levels, establishes that all 

information on consumer products 

sought under section 2105.88 shall be 


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71116 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 

subject to ACHD’s preexisting 

confidentiality regulations, and 

establishes that all consumer products 

seeking a variance from section 2105.88 

must submit all variance requests to 

PADEP. 

III. Final Action 

EPA is approving the Pennsylvania 

SIP revision that incorporates by 

reference Pennsylvania’s consumer 

products regulations into ACHD Rules 

and Regulations, Article XXI, Air 

Pollution Control. EPA’s review of the 

SIP revision submitted by PADEP on 

June 25, 2012 indicates it will 

strengthen the SIP requirements, result 

in reductions of VOC, and meet all 

applicable Federal regulations and the 

CAA. EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on January 28, 2013 without 

further notice unless EPA receives 

adverse comment by December 31, 

2012. If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

EPA will address all public comments 

in a subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

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 January 28, 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 

approving the incorporation by 

reference of Pennsylvania’s consumer 

products regulations into ACHD Rules 

and Regulations, Article XXI, Air 

Pollution Control 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: November 6, 2012. 

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 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)(2) is amended by adding Section 

2105.88 after the existing entry for 

Section 2105.79 to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(2) * * * 


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Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 71117 

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 7—Miscellaneous VOC Sources 

*******

Section 2105.88 ...................... Consumer Products ............... 4/3/12 11/29/12 .................................

[Insert page number where 

the document begins].

New section is added. 

*******

* * * * * 

[FR Doc. 2012–28837 Filed 11–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0785; FRL–9755–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County 

Incorporation by Reference of 

Pennsylvania’s Control of NOX

Emissions From Glass Melting 

Furnaces 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Pennsylvania State Implementation Plan 

(SIP) submitted by the Pennsylvania 

Department of Environmental Protection 

(PADEP). The SIP revision adds a 

regulation to control nitrogen oxides 

(NOX) emissions from glass melting 

furnaces to the Allegheny County 

Health Department (ACHD) Rules and 

Regulations. The ACHD regulation 

incorporates by reference the 

Pennsylvania regulations and related 

definitions for controlling NOX

emissions from glass melting furnaces. 

The SIP revision is a regulation that will 

reduce emissions of NOX from glass 

melting furnaces. EPA is approving this 

SIP revision in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on January 

28, 2013 without further notice, unless 

EPA receives adverse written comment 

by December 31, 2012. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0785 by one of the 

following methods: A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. C. Mail: EPA–R03–OAR–2012–0785, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, 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–2012– 

0785. 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 Allegheny County 

Health Department, Bureau of 

Environmental Quality, Division of Air 

Quality, 301 39th Street, Pittsburgh, 

Pennsylvania 15201. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 25, 2012, PADEP submitted 

to EPA a revision to the Allegheny 


pmangrum on DSK3VPTVN1PROD with RULES