16568 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 

• 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 Clean Air Act; 

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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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). 

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 29, 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. This action 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, Intergovernmental relations 

Lead, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 11, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

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 Z—Mississippi 

■ 2. Section 52.1270(e) is amended by 

adding a new entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

Lead National Ambient Air Quality 

Standards’’ at the end of the table to 

read as follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards 

110(a)(2)(E)(ii) Infrastructure Requirement for 2008 Lead National Ambient 

Air Quality Standards.

11/4/2011 3/30/15 [Insert citation of 

publication].

With the exception of provisions pertaining to PSD permitting requirements 

in sections 110(a)(2)(C), prong 3 of D(i) 

and (J) and the majority of requirements respecting significant portion of 

income of section 110(a)(2)(E)(ii) (related to section 128(a)(2)). 

■ 3. Section 52.1272 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1272 Approval status. 

* * * * * 

(c) Disapproval. With respect to the 

significant portion of income 

requirement of section 128(a)(1), the 

provisions included in the October 11, 

2012, infrastructure SIP submission did 

not preclude at least a majority of the 

members of the Mississippi Board from 

receiving a significant portion of their 

income from persons subject to permits 

or enforcement orders issued by the 

Mississippi Boards. Because a majority 

of board members may still derive a 

significant portion of income from 

persons subject to permits or 

enforcement orders issued by the 

Mississippi Boards, the Mississippi SIP 

does not meet the section 128(a)(1) 

majority requirements respecting 

significant portion of income, and as 

such, EPA is today proposing to 

disapprove the State’s 110(a)(2)(E)(ii) 

submission as it relates only to this 

portion of section 128(a)(1). 

[FR Doc. 2015–06765 Filed 3–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0636; FRL–9922–77– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Revision to Allegheny 

County Rules; Preconstruction Permit 

Requirements—Nonattainment; New 

Source Review 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 


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Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16569 

1For the Pennsylvania SIP, ACHD’s Article XXI, 

section 2102.06(f) (Requirements for Modeling) 

should read as follows: ‘‘Where air quality models 

are used to meet the provisions of this section, 

modeling shall be based on the applicable models 

and other requirements specified in 40 CFR part 51 

Appendix W (Guideline on Air Quality Models). 

Where an air quality model is inappropriate, the 

model may be modified or another model may be 

substituted only on a case-by-case basis at the 

Department’s discretion upon written approval by 

the administrator of EPA. In addition, use of a 

modified or substituted model must be subject to 

notice and opportunity for public comment under 

procedures set forth in 40 CFR 51.102.’’ 

2The language excluded from the Pennsylvania 

SIP from ACHD’s Rules and Regulations, Article 

XXI, section 2102.06(b)(1), (b)(3)(a), (e), and (g) is 

the following language ‘‘[a]dditions, revisions, or 

deletions to such regulations by the Commonwealth 

are incorporated in this Subsection and are effective 

on the date established by the state regulation, 

unless otherwise established by regulation under 

this Article.’’ 

SUMMARY: The Environmental Protection 

Agency (EPA) is granting full approval 

of a revision to the Commonwealth of 

Pennsylvania State Implementation Plan 

(SIP), submitted on June 25, 2012 (June 

2012 SIP submittal) by the Pennsylvania 

Department of Environmental Protection 

(PADEP) on behalf of the Allegheny 

County Health Department (ACHD) as 

amended by PADEP in letters dated 

February 20, 2013 and June 27, 2014. 

The SIP revision pertains to ACHD’s 

Nonattainment New Source Review 

(NNSR) preconstruction permitting 

regulations which incorporate by 

reference Pennsylvania’s NNSR 

provisions. This action is being taken 

under the Clean Air Act. 

DATES: This rule is effective on April 29, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0636. 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, and 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; 

and Allegheny County Health 

Department, Bureau of Environmental 

Quality, Division of Air Quality, 301 

39th Street, Pittsburgh, Pennsylvania 

15201. 

FOR FURTHER INFORMATION CONTACT: Paul 

Wentworth, (215) 814–2183, or by email 

at wentworth.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Summary of SIP 

Revision 

On December 17, 2014 (79 FR 75104), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed full approval of the June 

2012 SIP submittal which included 

revisions to the ACHD’s NNSR program 

contained in the Pennsylvania SIP. The 

revisions to ACHD’s NNSR program 

include ACHD’s Article XXI which 

incorporates by reference 

Pennsylvania’s NNSR provisions at 25 

Pa. Code 127.201–127.217. The June 

2012 SIP submittal also includes other 

changes to ACHD’s NNSR program 

including changes to regulatory 

definitions and text, deletions of certain 

provisions, reordered paragraphs, and 

inclusion of plantwide applicability 

limit requirements. 

ACHD amended the ACHD NNSR 

regulations at Article XXI, sections 2101 

and 2102, to meet the requirements of 

40 CFR 51.165. This approval action 

replaces the previous version of Article 

XXI which was approved into the 

Pennsylvania SIP on November 14, 

2002. See 67 FR 68935. 

The June 2012 SIP submittal includes 

amendments to the following sections of 

ACHD’s Rules and Regulations, Article 

XXI: section 2101.20 (Definitions); 

section 2102.04 (Installation permits); 

section 2102.06 (Major Sources Locating 

in or Impacting a Nonattainment Area); 

and section 2102.08 (Emissions Offset 

Registration). After the June 2012 SIP 

submittal, PADEP had provided two 

letters clarifying the June 2012 SIP 

submittal. In a letter dated February 20, 

2013, PADEP stated it had inadvertently 

redacted via strike out certain regulatory 

text from one provision in an ACHD 

regulation submitted for SIP approval in 

the June 2012 SIP submittal. PADEP 

accidentally deleted language at the end 

of subsection (f) of ACHD’s Rules and 

Regulations, Article XXI, section 

2102.06(f) (Requirements for Modeling). 

The February 20, 2013 PADEP letter 

requested EPA to include the full text of 

Article XXI, section 2102.06(f) for the 

revised Pennsylvania SIP including the 

text inadvertently deleted in the June 

2012 SIP submission.1

In a second letter from PADEP dated 

June 27, 2014, PADEP modified the June 

2012 SIP submittal and withdrew from 

its SIP submittal specific language from 

an ACHD regulation included in the 

June 2012 SIP submittal. The regulatory 

text PADEP withdrew from our 

consideration for inclusion in the 

Pennsylvania SIP was regulatory text in 

ACHD’s Rules and Regulations, Article 

XXI, section 2102.06(b)(1), (b)(3)(a), (e), 

and (g) which provided a process for 

automatically incorporating additions, 

revisions, or deletions from 

Pennsylvania’s NNSR regulations into 

ACHD’s SIP effective on the date of 

revision to Pennsylvania’s NNSR 

regulations.2 See 79 FR 75104 

(discussing withdrawn text language). 

As a result of PADEP’s June 27, 2014 

letter, the language withdrawn by 

Pennsylvania from the June 2012 SIP 

submittal is not part of this rulemaking 

action. However, as a result of PADEP’s 

February 20, 2013 letter, the 

inadvertently redacted language from 

ACHD’s Rules and Regulations, Article 

XXI, section 2102.06(f) is part of this 

rulemaking language. 

EPA’s November 17, 2014 technical 

support document (TSD) explains in 

detail the revisions to the Pennsylvania 

SIP contained in the Commonwealth’s 

June 2012 SIP submittal. The TSD is 

included in the docket for this 

rulemaking action and is available 

online at www.regulations.gov. The TSD 

also explains in detail the language 

withdrawn from ACHD’s Article XXI, 

section 2102.06, includes EPA’s analysis 

of the June 2012 SIP submittal, and 

provides support for the proposed and 

final actions on the submittal. Because 

ACHD incorporated by reference 

Pennsylvania’s SIP approved NNSR 

regulations into ACHD’s NNSR 

regulations, EPA stated in the NPR there 

was no need to re-evaluate the same 

NNSR elements EPA had already 

approved for the Pennsylvania SIP on 

May 14, 2012. As discussed in the NPR 

and in the TSD, the June 2012 SIP 

submittal includes revisions to ACHD’s 

NNSR program which are consistent 

with the CAA, with currently 

promulgated Federal NNSR regulations, 

and with NNSR regulations which EPA 

has previously approved into 

Pennsylvania’s SIP. 

The NPR and TSD contain detailed 

discussions of the Pennsylvania SIP 

submission for Allegheny County and 

EPA’s rationale for approving the June 

2012 SIP submittal which addresses 

NNSR requirements in the CAA and its 

implementing regulations in 40 CFR 

51.165 applicable as of the time of the 

June 2012 SIP submittal. Therefore, 

those discussions will not be restated 


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16570 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 

here. No comments were received on 

the NPR. 

II. Final Action 

EPA is approving as a revision to the 

Pennsylvania SIP the Commonwealth’s 

June 2012 SIP submittal, as amended by 

PADEP in letters dated February 20, 

2013 and June 27, 2014, which includes 

ACHD’s NNSR regulations at Article 

XXI, sections 2101 and 2102. 

III. Incorporation by Reference 

In this rulemaking action, the EPA is 

finalizing regulatory text proposing to 

include in a final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the ACHD 

regulations at Article XXI, sections 2101 

and 2102 regarding Nonattainment New 

Source Review permitting requirements 

for Allegheny County. The EPA has 

made and will continue to make, these 

documents generally available through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

thaIt 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 rule 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. This rule 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 29, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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 may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) This final rule approves 

Allegheny County’s nonattainment new 

source review (NNSR) preconstruction 

air quality permit program. 

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 13, 2015. 

William 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: 

■ a. Under Part A, revising the 7th entry 

for ‘‘2101.20’’; and 

■ b. Under Part B, revising the entries 

for ‘‘2102.04’’, ‘‘2102.06’’, ‘‘2102.08.’’ 

§ 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 A—General 


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Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16571 

Article XX or XXI citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

*******

2101.20 .......................... Definitions .................... 4/3/2012 3/30/2015 [Insert Federal Register citation].Revise the latest entry dated 11/26/14, 79 FR 

70471 by revising the existing definition of 

‘‘Major Source’’ and ‘‘Major Modification’’. 

* * * * * * * 

Part B—Permits Generally 

*******

2102.04 .......................... Permits Generally ........ 4/3/2012 3/30/2015 [Insert Federal Register citation].

* * * * * * 

2102.06 .......................... Major Sources Locating 

in or Impacting a 

Nonattainment Area.

4/3/2012 3/30/2015 [Insert Federal Register citation].As per request by PADEP in a letter to EPA 

dated June 27, 2014, the following language 

appearing at paragraph b.1; subparagraph 

b.3.A; and Subsections e and g, is excluded 

from the SIP: ‘‘Additions, revisions, or deletions to such regulations by the Commonwealth are incorporated in this Subsection 

and are effective on the date established by 

the state regulation, unless otherwise established by regulation under this Article.’’ 

As per letter from PADEP dated 2/20/2013, the 

June 25, 2012 SIP submission inadvertently 

deleted language from the end of subsection 

(f) of the regulation submitted with SIP submittal. The SIP revision incorporating Article 

XXI § 2102.06(f) should read as follows ‘‘f. 

Requirements for Modeling. Where air quality 

models are used to meet the provisions of 

this section, modeling shall be based on the 

applicable models and other requirements 

specified in 40 CFR Part 51 Appendix W 

(Guideline on Air Quality Models). Where an 

air quality model is inappropriate, the model 

may be modified or another model may be 

substituted only on a case-by-case basis at 

the Department’s discretion upon written approval by the administrator of EPA. In addition, use of a modified or substituted model 

must be subject to notice and opportunity for 

public comment under procedures set forth in 

40 CFR 51.102.’’ 

* * * * * * * 

2102.08 .......................... Emission Offset Registration.4/3/2012 3/30/2015 [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–07106 Filed 3–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0352; FRL–9925–51– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Montana Second 10-Year Carbon 

Monoxide Maintenance Plan for 

Billings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Montana. On 

July 13, 2011, the Governor of 

Montana’s designee submitted to EPA a 

second 10-year maintenance plan for the 

Billings area for the carbon monoxide 

(CO) National Ambient Air Quality 

Standard (NAAQS). This maintenance 

plan addresses maintenance of the CO 

NAAQS for a second 10-year period 

beyond the original redesignation. EPA 


asabaliauskas on DSK5VPTVN1PROD with RULES