Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Proposed Rules 60339 

material can qualify as an ORM–D 

material (until January 1, 2015), when 

intended for ground transportation; or a 

mailable limited quantity material, 

when intended for air transportation. 

Liquid materials must be enclosed 

within a primary receptacle having a 

capacity of 1 pint or less; the primary 

receptacle(s) must be surrounded by 

absorbent cushioning material and held 

within a leak-resistant secondary 

container that is packed within a strong 

outer shipping container. Solid 

materials must be contained within a 

primary receptacle having a weight 

capacity of 1 pound or less; the primary 

receptacle(s) must be surrounded with 

cushioning material and packed within 

a strong outer shipping container. Each 

mailpiece may not exceed a total weight 

of 25 pounds. For surface 

transportation, each mailpiece must be 

plainly and durably marked on the 

address side with ‘‘ORM–D’’ 

immediately following or below the 

proper shipping name; and each piece 

must be marked on the address side as 

‘‘Surface Only’’ or ‘‘Surface Mail Only’’ 

(or with a DOT square-on-point marking 

under 10.8b). For air transportation, 

packages must bear the DOT square-onpoint marking including the symbol 

‘‘Y,’’ the appropriate approved DOT 

class 5.1 or 5.2 hazardous material 

warning label, the identification 

number, the proper shipping name, and 

a shipper’s declaration for dangerous 

goods. 

10.16 Toxic Substances (Hazard Class 

6, Division 6.1) 

* * * * * 

10.16.2 Mailability 

[Revise the second sentence of 10.16.2 

as follows:] 

* * * For domestic mail, a Division 

6.1 toxic substance or poison that can 

qualify as an ORM–D material (until 

January 1, 2015) when intended for 

ground transportation, or a consumer 

commodity material when intended for 

air transportation, is permitted when 

packaged under the applicable 

requirements in 10.16.4. * * * 

* * * * * 

10.16.4 Packaging and Marking 

The following requirements must be 

met, as applicable: 

[Revise 16.4a as follows:] 

a. A toxic substance that can qualify 

as an ORM–D material (until January 1, 

2015) when intended for ground 

transportation, or a consumer 

commodity material when intended for 

air transportation, and does not exceed 

a total capacity of 8 ounces per 

mailpiece is permitted if: the material is 

held in a primary receptacle(s); enough 

cushioning material surrounds the 

primary receptacle to absorb all 

potential leakage; the cushioning and 

primary receptacle(s) are packed in 

another securely sealed secondary 

container that is placed within a strong 

outer shipping container. For surface 

transportation, each mailpiece must be 

plainly and durably marked on the 

address side with ‘‘ORM–D’’ 

immediately following or below the 

proper shipping name; and each piece 

must be marked on the address side as 

‘‘Surface Only’’ or ‘‘Surface Mail Only’’ 

(or with a DOT square-on-point marking 

under 10.8b). For air transportation, 

packages must bear the DOT square-onpoint marking including the symbol 

‘‘Y,’’ an approved DOT class 9 

hazardous material warning label, 

Identification Number ‘‘ID8000,’’ the 

proper shipping name ‘‘Consumer 

Commodity,’’ and a shipper’s 

declaration for dangerous goods. 

* * * * * 

10.19 Corrosives (Hazard Class 8) 

* * * * * 

10.19.2 Mailability 

[Revise the second sentence of the 

introductory paragraph of 10.19.2 as 

follows:] 

* * * A corrosive that can qualify as 

an ORM–D material (until January 1, 

2015), when intended for ground 

transportation; or a mailable limited 

quantity material, when intended for air 

transportation, is permitted in domestic 

mail via air or surface transportation 

subject to these limitations: 

* * * * * 

10.19.3 Marking 

[Revise 10.19.3 as follows:] 

For surface transportation, each 

mailpiece must be plainly and durably 

marked on the address side with 

‘‘ORM–D’’ immediately following or 

below the proper shipping name; and 

each piece must be marked on the 

address side as ‘‘Surface Only’’ or 

‘‘Surface Mail Only’’ (or with a DOT 

square-on-point marking under 10.8b). 

For air transportation, packages must 

bear the DOT square-on-point marking 

including the symbol ‘‘Y,’’ the 

appropriate approved DOT class 8 

hazardous material warning label, the 

identification number, the proper 

shipping name, and a shipper’s 

declaration for dangerous goods. 

* * * * * 

10.20 Miscellaneous Hazardous 

Materials (Hazard Class 9) 

* * * * * 

10.20.2 Mailability 

[Revise the second sentence of 10.20.2 

as follows:] 

* * * A miscellaneous hazardous 

material that can qualify as an ORM–D 

material (until January 1, 2015) when 

intended for ground transportation, or a 

consumer commodity material when 

intended for air transportation, is 

permitted for domestic mail via air or 

surface transportation, subject to the 

applicable 49 CFR requirements. 

10.20.3 Marking 

[Revise 10.20.3 as follows:] 

For surface transportation, the 

mailpiece must be plainly and durably 

marked on the address side with 

‘‘Surface Only’’ or ‘‘Surface Mail Only’’ 

and ‘‘ORM–D’’ immediately following 

or below the proper shipping name (or 

with a DOT square-on-point marking 

under 10.8b). For air transportation, 

packages must bear the DOT square-onpoint marking including the symbol 

‘‘Y,’’ an approved DOT class 9 

hazardous material warning label, 

Identification Number ‘‘ID8000,’’ the 

proper shipping name ‘‘Consumer 

Commodity,’’ and a shipper’s 

declaration for dangerous goods. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR Part 111 to reflect 

these changes if our proposal is 

adopted. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2012–24296 Filed 10–2–12; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0601; FRL–9736–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; The 2002 Base Year 

Inventory for the Pittsburgh-Beaver 

Valley Area for 1997 Fine Particulate 

Matter National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the fine particulate matter (PM2.5) 2002 

base year emissions inventory portion of 

the Pennsylvania State Implementation 

Plan (SIP) revision submitted by the 

Commonwealth of Pennsylvania, 

through the Pennsylvania Department of 


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60340 Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Proposed Rules 

Environmental Protection (PADEP), on 

November 10, 2009 for the PittsburghBeaver Valley, PA nonattainment area 

(hereafter referred to as the Area). The 

emissions inventory is part of the 

November 10, 2009 SIP revision that 

was submitted to meet nonattainment 

requirements related to the Area for the 

1997 PM2.5 National Ambient Air 

Quality Standard (NAAQS) SIP. EPA is 

proposing to approve the 2002 base year 

PM2.5 emissions inventory for the Area 

in accordance with the requirements of 

the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before November 2, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0601 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–2010–0140, 

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–2010– 

0601. 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: 

Ruth Knapp, (215) 814–2191, or by 

email at knapp.ruth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Summary of SIP Revision 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On July 18, 1997 (62 FR 38652), 

EPA promulgated the 1997 PM2.5

NAAQS, including an annual standard 

of 15.0 micrograms per cubic meter (mg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations, and a 24- 

hour (or daily) standard of 65 mg/m3

based on a 3-year average of the 98th 

percentile of 24-hour concentrations. 

EPA established the standards based on 

significant evidence and numerous 

health studies demonstrating that 

serious health effects are associated 

with exposures to PM2.5. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

United States as attaining or not 

attaining the NAAQS; this designation 

process is described in section 107(d)(1) 

of the CAA. In 1999, EPA and state air 

quality agencies initiated the monitoring 

process for the 1997 PM2.5 NAAQS and, 

by January 2001, established a complete 

set of air quality monitors. On January 

5, 2005, EPA promulgated initial air 

quality designations for the 1997 PM2.5

NAAQS (70 FR 944), which became 

effective on April 5, 2005, based on air 

quality monitoring data for calendar 

years 2001–03. 

On April 14, 2005, EPA promulgated 

a supplemental rule (70 FR 19844) 

amending our initial designations (70 

FR 944), with the same effective date 

(April 5, 2005). As a result of this 

supplemental rule, PM2.5 nonattainment 

designations are in effect for 39 areas, 

comprising 208 counties within 20 

states (and the District of Columbia) 

nationwide, with a combined 

population of approximately 88 million. 

The Area, which is the subject of this 

rulemaking, was included in the list of 

areas not attaining the 1997 PM2.5

NAAQS. The Area consists of the 

following: Allegheny County (remainder 

of county not included in LibertyClairton nonattainment area); Armstrong 

County (portion consisting of Elderton 

Borough and Plum Creek and 

Washington Townships); Beaver 

County; Butler County; Greene County 

(portion consisting of Monongahela 

Township); Lawrence County (portion 

consisting of Township of Taylor south 

of New Castle City); Washington 

County; and Westmorland County. 

Section 172(c)(3) of the CAA requires 

submission and approval of a 

comprehensive, accurate, and current 

inventory of actual emissions. This 

proposed approval is limited to the 

emissions inventory for the Area. 

Separate action will be taken on the 

remainder of Pennsylvania’s November 

10, 2009 SIP submittal. 

II. Summary of SIP Revision 

The 2002 base year emission 

inventory submitted by PADEP on 

November 10, 2009 for the Area 

includes emissions estimates that cover 

the general source categories of point 

sources, area sources, on-road mobile 

sources, and non-road mobile sources. 

The pollutants that comprise the 

inventory are PM2.5, coarse particles 

(PM10), nitrogen oxides (NOX), volatile 

organic compounds (VOCs), ammonia 

(NH3), and sulfur dioxide (SO2). EPA 

has reviewed the results, procedures 

and methodologies for the base year 

emissions inventory submitted by 

PADEP. The year 2002 was selected by 

PADEP as the base year for the 

emissions inventory per 40 CFR 

51.1008(b). A discussion of the 

emissions inventory development as 

well as the emissions inventory for the 

Area can be found in Section III of the 

November 10, 2009 SIP submittal. 


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Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Proposed Rules 60341 

Table 1, below, provides a summary 

of the annual 2002 emissions of PM2.5, 

PM10, SO2, NOX, VOCs, and NH3 for the 

Area submittal. 

TABLE 1—2002 ANNUAL EMISSIONS

[Tons per year] 

Pittsburgh-Beaver Valley Area 2002 PM2.5 PM10 SO2 NOX VOC NH3

Stationary Point Sources ......................................................................... 4868 11149 463501 110618 5157 462 

Area Sources ........................................................................................... 7916 41206 9905 8622 36683 2948 

Highway Vehicle Sources ........................................................................ 824 1164 1770 53268 25638 1884 

Non-Road Sources .................................................................................. 1297 1359 1694 25975 13421 8 

Totals ................................................................................................ 14904 54879 476871 198483 80898 5303 

The CAA section 172(c)(3) emissions 

inventory is developed by the 

incorporation of data from multiple 

sources. States were required to develop 

and submit to EPA a triennial emissions 

inventory according to the Consolidated 

Emissions Reporting Rule (CERR) for all 

source categories (i.e., point, area, 

nonroad mobile and on-road mobile). 

The review and evaluation of the 

methods used for the emissions 

inventory submitted by Pennsylvania 

are found in the Technical Support 

Document dated August 12, 2010 

available online at www.regulations.gov, 

Docket No. EPA–R03–OAR–2010–0601. 

EPA finds that the process used to 

develop this emissions inventory for the 

Area is adequate to meet the 

requirements of CAA section 172(c)(3), 

the implementing regulations, and EPA 

guidance for emission inventories. 

III. Proposed Action 

EPA is proposing to approve the 2002 

base year emissions inventory portion of 

the SIP revision submitted by the 

Commonwealth of Pennsylvania on 

November 10, 2009 for the PittsburghBeaver Valley Area. We have made the 

determination that this action is 

consistent with section 110 of the CAA. 

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 rule, 

pertaining to the PM2.5 2002 base year 

emissions inventory portion of the 

Pennsylvania SIP for the PittsburghBeaver Valley Area, 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, Nitrogen dioxide, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: September 18, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–24380 Filed 10–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0708, FRL–9736–7] 

RIN 2060–AQ58 

National Emission Standards for 

Hazardous Air Pollutants for 

Reciprocating Internal Combustion 

Engines; New Source Performance 

Standards for Stationary Internal 

Combustion Engines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: The EPA is reopening the 

public comment period for the proposed 

amendments to the National Emission 

Standards for Hazardous Air Pollutants 

for Stationary Reciprocating Internal 

Combustion Engines to solicit comment 

on specific issues raised during the 

initial public comment period regarding 

existing engines on offshore vessels. 

DATES: Comments. Comments must be 

received on or before November 2, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0708, by one of the 

following methods: 


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