42558 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations 

• 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 September 19, 2011. 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 

pertaining to Delaware’s Regional Haze 

Plan for the first implementation period, 

through 2018 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, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 27, 2011. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(e) is amended by adding the entry for 

Regional Haze Plan at the end of the 

table to read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

* * * * * * * 

Regional Haze Plan ......................... Statewide ......................................... 9/25/08 7/19/11 [Insert page number where 

the document begins].

[FR Doc. 2011–17867 Filed 7–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0287; FRL–9439–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Control of Nitrogen 

Oxides Emissions from Portland 

Cement Kilns 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The SIP revisions pertain 

to the control of nitrogen oxides (NOX) 

emissions from Portland cement kilns. 

EPA is approving these revisions to 

reduce emissions from Portland cement 

kilns in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on August 18, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0287. All 

documents in the docket are listed in 

the http://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 

http://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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations 42559 

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: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 20, 2011 (76 FR 29180), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval to the control of 

NOX emissions from Portland cement 

kilns. The formal SIP revision was 

submitted by the Pennsylvania 

Department of the Environmental 

Protection (PADEP) on July 23, 2010. 

II. Summary of SIP Revision 

The SIP revision adds definitions and 

terms to Title 25 of the Pennsylvania 

Code (25 Pa. Code) Chapter 121.1, 

relating to definitions, used in the 

substantive provision of this SIP 

revision. In addition, the SIP revision 

amends the NOX emission standards in 

the 25 Pa. Code Chapter 145, 

Subchapter C (Emissions of NOX from 

Cement Manufacturing), for Portland 

cement kilns during the ozone season, 

from May 1 through September 30, 

2011, and for each year thereafter. The 

amendments to the SIP revision are the 

following: Standard requirements which 

include emission requirements; 

compliance determination by operating 

and maintaining continuous emissions 

monitoring systems (CEMS) for NOX

emissions; compliance demonstration 

on a kiln-by-kiln basis, a facility-wide 

emissions averaging basis or a systemwide averaging basis; and reporting and 

recordkeeping requirements by 

reporting CEMS emissions data and 

maintaining an operating log for each 

Portland cement kiln on a monthly basis 

that is maintained onsite for 5 years. 

Other specific requirements of the 

control of NOX emissions from Portland 

cement kilns and the rationale for EPA’s 

proposed action are explained in the 

NPR and will not be restated here. No 

public comments were received on the 

NPR. 

III. Final Action 

EPA is approving 25 Pa. Code Chapter 

121.1, relating to definitions, used in the 

substantive provision of this SIP 

revision, and amendments to 25 Pa. 

Code Chapter 145, Subchapter C 

(Emissions of NOX from Cement 

Manufacturing), for the control of NOX

emissions from Portland cement kilns as 

a revision to the Pennsylvania SIP. 

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 September 19, 2011. 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, 

pertaining to Pennsylvania’s control of 

NOX emissions from Portland cement 

kilns 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: June 27, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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: 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
42560 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations 

■ a. Revising entries for Sections 

145.142 and 145.143. 

■ b. Adding entries for Sections 

145.144, 145.145 and 145.146. 

The amendments read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/§ 52.2063 

citation 

Title 25—Environmental Protection 

Article III—Air Resources 

Chapter 145—Interstate Pollution Transport Reduction 

Subchapter C—Emissions of NOX From Cement Manufacturing 

* * * * * * * 

Section 145.142 ..... Definitions ..................................... 6/19/10 7/19/11, [Insert page number 

where the document begins].

Added new definitions and terms. 

Section 145.143 ..... Standard requirements ................. 6/19/10 7/19/11, [Insert page number 

where the document begins].

Added compliance dates and allowable emissions of NOX. 

Section 145.144 ..... Compliance determination ............ 6/19/10 7/19/11, [Insert page number 

where the document begins].

New section. 

Section 145.145 ..... Compliance demonstration and 

reporting requirements.

6/19/10 7/19/11, [Insert page number 

where the document begins].

New section. 

Section 145.146 ..... Recordkeeping ............................. 6/19/10 7/19/11, [Insert page number 

where the document begins].

New section. 

* * * * * 

[FR Doc. 2011–17869 Filed 7–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2008–0905; A–1–FRL– 

9439–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Vermont; Reasonably Available 

Control Technology (RACT) for the 

1997 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Vermont (VT) 

on November 22, 2006, and November 

14, 2008. These SIP revisions consist of 

a demonstration that VT meets the 

requirements of reasonably available 

control technology (RACT) for oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOCs) set forth by the 

Clean Air Act (CAA) with respect to the 

1997 8-hour ozone standard; minor 

revisions to Vermont’s bulk gasoline 

plants regulation; and new requirements 

for wood furniture manufacturing 

operations. Additionally, EPA is 

approving VT’s negative declarations for 

several categories of VOC sources. EPA 

is fully approving all of the submitted 

items, with two exceptions. EPA is 

conditionally approving the RACT 

determinations for two major VOC 

sources (Churchill Coatings Corporation 

and H.B.H. Prestain, Inc.). This action is 

being taken in accordance with the 

CAA. 

DATES: This direct final rule will be 

effective September 19, 2011, unless 

EPA receives adverse comments by 

August 18, 2011. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2008–0905 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2008–0905’’, 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100 (mail code: OEP05–2), Boston, 

MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, 5th Floor, Boston, MA 

02109–3912. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2008– 

0905. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 through http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1