41276 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 

remain at the forefront in knowledge, 

proficiency, and capability to deliver 

the highest standard of care and services 

to all of the people it serves. 

(e) Agile. VA anticipates and adapts 

quickly to current challenges and new 

requirements by continuously assessing 

the environment in which it operates 

and devising solutions to better serve 

veterans, other beneficiaries, and 

Service members. 

(f) Integrated. VA links care and 

services across the Department; other 

federal, state, and local agencies; 

partners; and Veterans Services 

Organizations to provide useful and 

understandable programs to veterans 

and other beneficiaries. VA’s 

relationship with the Department of 

Defense is unique, and VA will nurture 

it for the benefit of veterans and Service 

members. 

[FR Doc. 2012–17069 Filed 7–12–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0924; FRL–9698–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Nonattainment New 

Source Review; Fine Particulate Matter 

(PM2.5) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. These revisions 

pertaining to Pennsylvania’s 

nonattainment New Source Review 

(NSR) program incorporate 

preconstruction permitting regulations 

for fine particulate matter (PM2.5) into 

the Pennsylvania SIP. EPA is approving 

these revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

August 13, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

EPA–R03–OAR–2011–0924. 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 84268, 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: 

I. Background 

Throughout this document, whenever 

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

EPA. On March 29, 2012 (77 FR 18987), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval of a SIP 

revision pertaining to Pennsylvania’s 

nonattainment New Source Review 

(NSR) program which incorporates 

preconstruction permitting regulations 

for fine particulate matter (PM2.5) into 

the Pennsylvania SIP. The formal SIP 

revision was submitted by Pennsylvania 

on September 23, 2011. 

The purpose of this SIP is to 

incorporate the nonattainment 

preconstruction permitting 

requirements for PM2.5 that are set forth 

in the federal rules, ‘‘Implementation of 

the New Source Review (NSR) Program 

for Particulate Matter Less than 2.5 

Micrometers (PM2.5)’’ (NSR PM2.5 Rule), 

which was published on May 16, 2008 

(73 FR 28321). 

II. Summary of SIP Revision 

The SIP revision submitted by 

Pennsylvania consists of amendments to 

the general provisions of 25 Pa. Code 

Chapter 121 and major nonattainment 

NSR permitting regulations of 25 Pa. 

Code Chapter 127. The amendments 

establish the major source thresholds, 

significant emission rates and offset 

ratios for PM2.5 and its precursors. They 

also establish nitrogen oxides (NOX) and 

sulfur dioxide (SO2) as precursors to 

PM2.5, and establish procedures for 

interpollutant trading for offsets, 

pursuant to the NSR PM2.5 Rule. 

Clarifying amendments for Chapter 127 

and minor editorial changes also are 

made. The amendments submitted by 

Pennsylvania for approval into the SIP 

became effective on September 3, 2011. 

Other specific requirements of the 

regulations and the rationale for EPA’s 

proposed action are explained in the 

NPR and will not be restated here. One 

public comment was received on the 

NPR. The comment did not directly 

relate to the SIP revision so no response 

to the comment is necessary. 

III. Final Action 

EPA is approving the September 23, 

2011 SIP revision to incorporate federal 

preconstruction permitting 

requirements for PM2.5 and its 

precursors in nonattainment areas along 

with clarifying amendments, at 25 Pa. 

Code Section 121.1 and 25 Pa. Code 

Chapter 127, subchapter E, 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 41277 

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 11, 2012. 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 NSR requirements for 

PM2.5 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 26, 2012. 

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 revising the 

existing entries for Title 25, Sections 

121.1, 127.201, 127.201a, 127.202, 

127.203, 127.203a, 127.204, 127.206, 

and 127.210. 

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 121—General Provisions 

Section 121.1 .... Definitions ....................... 9/3/11 7/13/12 [Insert page number where the document begins].Added definition of PM2.5, modified definitions of 

‘‘regulated NSR pollutant’’ and ‘‘significant,’’ and 

removed existing term, ‘‘maximum allowable 

emissions.’’ 

* * * * * * * 

Chapter 127—Construction, Modification, Reactivation and Operation of Sources 

*******

Subchapter E—New Source Review 

Section 127.201 General requirements ..... 9/3/11 7/13/12 [Insert page number where the document begins].Revised. 

Section 

127.201a.

Measurements, abbreviations and acronyms.9/3/11 7/13/12 [Insert page number where the document begins].Revised. 

Section 127.202 Effective date .................. 9/3/11 7/13/12 [Insert page number where the document begins].Revised. 

Section 127.203 Facilities subject to special permit requirements.9/3/11 7/13/12 [Insert page number where the document begins].Revised. 

Section 

127.203a.

Applicability determination.9/3/11 7/13/12 [Insert page number where the document begins].Revised. 


tkelley on DSK3SPTVN1PROD with RULES
41278 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 

State citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

Section 127.204 Emissions subject to this 

Subchapter.

9/3/11 7/13/12 [Insert page number where the document begins].Revised. 

* * * * * * * 

Section 127.206 ERC general requirements.9/3/11 7/13/12 [Insert page number where the document begins].Revised. 

* * * * * * * 

Section 127.210 Offset ratios ..................... 9/3/11 7/13/12 [Insert page number where the document begins].Revised. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–16943 Filed 7–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0208; FRL–9697–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Reasonably Available 

Control Technology for the 1997 

8-Hour Ozone National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. 

This revision pertains to the 

requirements for meeting reasonably 

available control technology (RACT) for 

oxides of nitrogen (NOX) and volatile 

organic compounds (VOCs) for the 1997 

8-hour ozone national ambient air 

quality standard (NAAQS). These 

requirements are based on: A 

certification that previously adopted 

RACT controls in Maryland’s SIP, 

which were approved by EPA under the 

1-hour ozone NAAQS, are based on the 

currently available technically and 

economically feasible controls and 

continue to represent RACT for the 1997 

8-hour ozone NAAQS implementation 

purposes; a negative declaration 

demonstrating that no facilities exist in 

Maryland for the applicable control 

technique guideline (CTG) categories; 

and adoption of new or more stringent 

RACT determinations. This action is 

being taken in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

August 13, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0208. 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 Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Lewis, (215) 814–2037, or by 

email at lewis.jacqueline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

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

EPA. On May 14, 2012 (77 FR 28338), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The formal SIP revision 

(MDE SIP Number 11–08) was 

submitted by the Maryland Department 

of the Environment on October 17, 2011. 

EPA proposed to approve the Maryland 

SIP revision for the requirements of 

RACT for NOX and VOCs set forth in the 

CAA with respect to the 1997 8-hour 

ozone standard. 

II. Summary of SIP Revision 

Maryland’s SIP revision contains the 

requirements of RACT set forth in the 

CAA under the 1997 8-hour ozone 

NAAQS. Maryland’s SIP revision 

satisfies the 1997 8-hour ozone standard 

RACT requirements through (1) 

certification that previously adopted 

RACT controls in Maryland’s SIP that 

were approved by EPA under the 1-hour 

ozone NAAQS are based on the 

currently available technically and 

economically feasible controls and 

continue to represent RACT for the 

8-hour implementation purpose; (2) a 

negative declaration demonstrating that 

no facilities exist in Maryland for the 

applicable CTG categories; and (3) 

adoption of new or more stringent 

RACT determinations. Other specific 

requirements of the CAA and EPA’s 

review and rationale for our 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 a revision to the 

Maryland SIP submitted by the State of 

Maryland, through the Maryland 

Department of the Environment, on 

October 17, 2011 that addresses the 

1997 8-hour ozone NAAQS. EPA has 

determined that Maryland has met the 

requirements of RACT for NOX and 

VOCs set forth in the CAA with respect 

to the 1997 8-hour ozone standard. 

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 


tkelley on DSK3SPTVN1PROD with RULES