16284 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 

During the enforcement period no 

person or vessel may enter the safety 

zone without the permission of the 

Captain of the Port (COTP) Port Arthur 

or his designated on-scene Patrol 

Commander. 

DATES: The regulations in 33 CFR 

165.801, Table 3, number 1 will be 

enforced from 8:30 p.m. to 9:30 p.m. on 

May 2, 2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice of 

enforcement, call or email Mr. Scott 

Whalen, U.S. Coast Guard Marine Safety 

Unit Port Arthur, TX; telephone 409– 

719–5086, email scott.k.whalen@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a 500-yard safety 

zone for the RiverFest fireworks display 

in 33 CFR 165.801, Table 3, number 1 

from 8:30 p.m. to 9:30 p.m. on May 2, 

2015. While the location of the display 

is in the same general area as currently 

listed in 33 CFR 165.801, for this year 

only the fireworks display will be set off 

from land located along the Neches 

River near the approximate position of 

30°00′05.6′′ N 093°57′25.75′′ W (NAD 

83). 

Under the provisions of 33 CFR 

165.801, a vessel may not enter the 

regulated area, unless it receives 

permission from the Captain of the Port 

or his designated on-scene Patrol 

Commander. Spectator vessels may 

safely transit outside the regulated area 

but may not anchor, block, loiter, or 

impede participants or official patrol 

vessels. The Coast Guard may be 

assisted by other federal, state or local 

law enforcement agencies in enforcing 

this regulation. 

This notice is issued under authority 

of 33 CFR 165.801 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with 

notification of this enforcement period 

via Local Notice to Mariners, Safety 

Marine Information Broadcasts, and 

Marine Safety Information Bulletins. 

If the Captain of the Port or his 

designated on-scene Patrol Commander 

determines that the regulated area need 

not be enforced for the full duration 

stated in this notice, he or she may use 

a Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. 

Dated: March 12, 2015. 

R.S. Ogrydziak, 

Captain, U.S. Coast Guard, Captain of the 

Port, Port Arthur. 

[FR Doc. 2015–07140 Filed 3–26–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0634; FRL–9925–17– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Plan Approval and 

Operating Permit Fees 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Pennsylvania State Implementation Plan 

(SIP). This proposed revision pertains to 

minor editorial revisions to 

Pennsylvania’s existing plan approval 

and operating permit fee rules. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: This rule is effective on May 26, 

2015 without further notice, unless EPA 

receives adverse written comment by 

April 27, 2015. 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–2014–0634 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Campbell.Dave@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0634, 

Dave Campbell, 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–2014– 

0634. 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: 

Gerallyn Duke, (215) 814–2084, or by 

email at Duke.Gerallyn@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 11, 2014, the Pennsylvania 

Department of Environmental Protection 

submitted a revision to the 

Pennsylvania SIP for minor clarifying 

amendments to Pennsylvania’s existing 

air permit fee rule. 

I. Background 

Section 110(a)(2)(L) of the CAA 

requires SIPs to include requirements 

that the owner or operator of each major 

stationary source pay to the permitting 

authority, as a condition of any permit 

required by the CAA, fees sufficient to 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16285 

cover reasonable costs of acting on the 

permit as well as implementing and 

enforcing the terms and conditions of 

the permit. EPA approved 

Pennsylvania’s plan approval and 

operating permit fee regulation at 25 PA 

Code 127.701–127.707 into the 

Pennsylvania SIP in accordance with 

section 110 of the CAA, on July 30, 

1996. 61 FR 39595. 

II. Summary of SIP Revision 

The February 11, 2014 revision 

amends 25 PA Code 127.701 to clarify 

that permit fees paid to the 

Pennsylvania Department of 

Environmental Protection by owners 

and operators of certain stationary 

sources are deposited into the Clean Air 

Fund which was previously established 

under section 9 of the Pennsylvania Air 

Pollution Control Act. Minor editorial 

changes to 25 PA Code 127.701 also are 

included to clarify that plan approval 

and operating permit fees collected to 

implement title V requirements shall be 

made payable to the ‘‘Pennsylvania 

Clean Air Fund.’’ 

III. Final Action 

EPA is approving the Pennsylvania 

SIP revision submitted on February 11, 

2014 pertaining to payment of air permit 

fees to the ‘‘Pennsylvania Clean Air 

Fund’’ and requirements to deposit such 

fees in a restricted revenue account 

within the Clean Air Fund. The 

February 11, 2014 SIP revision is in 

accordance with requirements in section 

110(a)(2)(L) of the CAA. EPA is 

publishing this rule without prior 

proposal because EPA 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 May 

26, 2015 without further notice unless 

EPA receives adverse comment by April 

27, 2015. 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. Incorporation by Reference 

In this rulemaking action, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of this 

Pennsylvania SIP revision regarding 

amendments to 25 PA Code 127.701, as 

discussed in section II of this preamble. 

The EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

V. 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 May 26, 2015. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. This action 

pertaining to minor editorial revisions 

to Pennsylvania’s existing title V fee 

rule may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 


asabaliauskas on DSK5VPTVN1PROD with RULES
16286 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 

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. 

Dated: March 10, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

Therefore, 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)(1) is amended by revising the entry 

‘‘Section 127.701’’ to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) EPA-APPROVED PENNSYLVANIA REGULATIONS AND STATUTES

State citation Title/Subject State effective 

date EPA Approval date Additional explanation/ § 52.2063 citation 

*******

Subchapter I—Plan Approval and Operating Permit Fees 

Section 127.701 ........................... General provisions ....................... 12/14/13 3/27/15 [Insert Federal 

Register citation].

Paragraphs (b) and (c) revised. 

*******

* * * * * 

[FR Doc. 2015–06968 Filed 3–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0342; FRL–9925–16– 

Region 3] 

Approval and Promulgation of 

Implementation Plans; Pennsylvania; 

Pennsylvania Regional Haze State 

Implementation Plan Revision: Sulfur 

Dioxide and Nitrogen Oxide Best 

Available Retrofit Technology Limits 

for the Cheswick Power Plant 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a limited 

approval and limited disapproval of a 

revision to the Pennsylvania State 

Implementation Plan (SIP) submitted by 

the Commonwealth of Pennsylvania 

through the Pennsylvania Department of 

Environmental Protection (PADEP). 

This SIP revision addresses the sulfur 

dioxide (SO2) and nitrogen oxide (NOX) 

Best Available Retrofit Technology 

(BART) requirements for Boiler Number 

1 of the Cheswick Generating Station 

(Cheswick) in Allegheny County. EPA is 

finalizing a limited approval of the SIP 

revision for Cheswick’s SO2 and NOX

BART requirements on the basis that the 

revision corrects an error in the SIP and 

strengthens the Pennsylvania SIP, while 

EPA is also finalizing a limited 

disapproval of this part of the SIP 

revision because the SIP revision relies 

on the Clean Air Interstate Rule (CAIR) 

and not the Cross-State Air Pollution 

Rule (CSAPR) which has replaced CAIR. 

This final action is in accordance with 

the requirements of the Clean Air Act 

(CAA) and EPA’s rules for BART. 

DATES: This final rule is effective on 

April 27, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0342. All 

documents in the docket are listed in 

the 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 

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 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: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Regional haze is visibility impairment 

that is produced by a multitude of 

sources and activities which are located 

across a broad geographic area and emit 

fine particles (e.g., sulfates, nitrates, 

organic carbon, elemental carbon, and 

soil dust) and their precursors (e.g., SO2,

NOX, and in some cases, ammonia (NH3) 

and volatile organic compounds (VOC)). 

Fine particle precursors react in the 

atmosphere to form fine particulate 

matter (PM2.5), which impairs visibility 

by scattering and absorbing light. 

Visibility impairment reduces the 

clarity, color, and visible distance that 

one can see. Section 169A of the CAA 

establishes as a national goal the 

‘‘prevention of any future, and the 

remedying of any existing, impairment 

of visibility in mandatory class I Federal 

areas which impairment results from 

manmade air pollution’’ and requires 

SIPs for states whose emissions may 

reasonably be anticipated to cause or 

contribute to visibility impairment in 

Class I areas to contain emission limits, 

compliance schedules and other 

measures as may be necessary to make 

reasonable progress toward the national 

goal of achieving natural visibility 


asabaliauskas on DSK5VPTVN1PROD with RULES