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 

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Subpart 7—Miscellaneous VOC Sources 

*******

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

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the document begins].

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[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 


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71118 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 

County portion of the Pennsylvania SIP. 

The SIP revision seeks to add Section 

2105.101 (Control of NOX Emissions 

from Glass Melting Furnaces) to ACHD’s 

Rules and Regulations, Article XXI, Air 

Pollution Control to incorporate by 

reference 25 Pa. Code Sections 129.301 

through 129.310 (Control of NOX

Emissions from Glass Melting Furnaces) 

and related definitions at 25 Pa. Code 

Section 121.1 of PADEP’s Air Pollution 

Control Act. This regulation controls 

NOX emissions from glass melting 

furnaces. The reduction of NOX

emissions also reduces visibility 

impairment and acid deposition. 

On August 22, 2011 (76 FR 52283), 

EPA approved into the Pennsylvania 

SIP 25 Pa. Code Chapter 129, Sections 

129.301 through 129.310 that included 

NOX content limits from glass melting 

furnaces and approved related amended 

definitions at 25 Pa. Code Section 121.1. 

ACHD is incorporating by reference the 

same provisions in 25 Pa. Code Sections 

121.1 and 129.301 through 129.310 in 

order to regulate NOX emissions from 

glass melting furnaces in Allegheny 

County. Further details of 

Pennsylvania’s regulation for the control 

of NOX emissions from glass melting 

furnaces can be found in Docket ID No. 

EPA–R03–OAR–2011–0286 at 

www.regulations.gov. 

II. Summary of SIP Revision 

The Pennsylvania SIP revision adds 

Section 2105.101 to ACHD Rules and 

Regulations, Article XXI, Air Pollution 

Control to incorporate by reference 

Pennsylvania’s control of NOX from 

glass melting furnaces promulgated 

under the Air Pollution Control Act at 

25 Pa. Code Sections 129.301 through 

129.310 and related definitions at 25 Pa. 

Code Section 121.1. The incorporation 

by reference provides that Section 

2105.101 shall be applied consistent 

with the provisions of Pennsylvania’s 

control of NOX emissions from glass 

melting furnaces. Any additions, 

revisions, or deletions to the glass 

melting furnaces regulation by 

Pennsylvania shall be incorporated into 

Section 2105.101 and are effective on 

the date established by Pennsylvania 

regulation. By incorporating this 

regulation, ACHD removes any 

uncertainty regarding enforceability of 

NOX limits on glass melting furnaces in 

Allegheny County by ACHD. Included 

in the Air Pollution Control Act at 25 

Pa. Code Sections 129.301 through 

129.310 are explicit references to the 

authority of local air agencies including 

Allegheny County to regulate NOX

levels from glass melting furnaces. By 

incorporating this regulation, an 

additional copy verifying ACHD’s 

authority will be found in Article XXI. 

III. Final Action 

EPA is approving the Pennsylvania 

SIP revision that incorporates by 

reference Pennsylvania’s control of NOX

emissions from glass melting furnaces 

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 

NOX emissions, 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 


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Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 71119 

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 control of 

NOX emissions from glass melting 

furnaces 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements. 

Dated: November 7, 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 a heading 

for Subpart 10 and an entry for Section 

2105.101 after the entry for Section 

2105.90 to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(2) * * * 

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 10—NOX Sources 

Section 2105.101 ..................... Control of NOX Emissions 

from Glass Melting Furnaces.

4/3/12 11/29/12 [Insert page number 

where the document begins].

New subpart and section are 

added. 

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* * * * * 

[FR Doc. 2012–28831 Filed 11–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0702; FRL–9755–5] 

Approval and Promulgation of State 

Implementation Plans; City of 

Albuquerque-Bernalillo County, New 

Mexico; Interstate Transport Affecting 

Visibility and Regional Haze Rule 

Requirements for Mandatory Class I 

Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the City of 

Albuquerque—Bernalillo County, New 

Mexico State Implementation Plan (SIP) 

revisions submitted by the Governor of 

New Mexico on July 28, 2011 

addressing the regional haze 

requirements for the mandatory Class I 

areas under 40 CFR 51.309. The EPA 

finds that these revisions to the State 

Implementation Plan (SIP) and 

associated rules meet the requirements 

of the Clean Air Act (CAA) and comply 

with the provisions of 40 CFR 51.309, 

thereby meeting requirements for 

reasonable progress for the 16 Class I 

areas covered by the Grand Canyon 

Visibility Transport Commission Report 

for approval of the plan through 2018. 

We are also approving SIP submissions 

offered as companion rules to the 

Section 309 regional haze plan, 

specifically, rules for the Sulfur Dioxide 

Emissions Inventory Requirements and 

the Western Backstop Trading Program, 

submitted on December 26, 2003, 

September 10, 2008, and May 24, 2011, 

and rules for Open Burning, submitted 

on December 26, 2003 and July 28, 

2011. These SIP revisions were 

submitted to address the requirements 

of the Act and our rules that require 

states to prevent any future and remedy 

any existing man-made impairment of 

visibility in mandatory Class I areas 

caused by emissions of air pollutants 

from numerous sources located over a 

wide geographic area (also referred to as 

the ‘‘regional haze program’’). States are 

required to assure reasonable progress 

toward the national goal of achieving 

natural visibility conditions in Class I 

areas. 

We are also approving a portion of the 

SIP revision submitted by the City of 

Albuquerque—Bernalillo County, New 

Mexico on July 30, 2007, for the purpose 

of addressing the ‘‘good neighbor’’ 

provisions of the CAA section 

110(a)(2)(D)(i) for the 1997 8-hour ozone 

NAAQS and the PM2.5 NAAQS. We are 

approving the portion of the SIP 

submittal that addresses the CAA 

requirement concerning noninterference with programs to protect 

visibility in other states. EPA is taking 

this action pursuant to section 110 of 

the CAA. 

DATES: This final rule is effective 

December 31, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2008–0702. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Publicly available docket materials 

are available either electronically 

through www.regulations.gov, or in hard 

copy at the Air Planning Section (6PD– 


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