1 Attachment 5 to the Technical Support Document of the Dallas/ Fort Worth ( D/ FW) IOP 30 TAC Chapter 117 , Rule Project No. 2005 004 117 AI Control of Air Pollution from Nitrogen Compounds Point Source NOx for the D/ FW Area Prepared by Alan Shar, Air Planning Section ( 6PD L)

This attachment to the TSD is being prepared in support of EPA's rulemaking action to approve revisions made to 30 TAC Chapter 117 rule, as the Texas Commission on Environmental Quality ( TCEQ) adopted on April 27, 2005. The TCEQ submitted revisions to the Texas State Implementation Plan ( SIP) in a letter, from Chairman Kathleen Hartnett White to EPA Regional Administrator Richard Greene, dated May 13, 2005, for review and approval in order to become a part of the EPA approved Texas SIP. Under this SIP submittal, the affected sources are primarily the lean burn, rich burn, and dual fuel ( gas and liquid) fired lean burn reciprocating internal combustion ( IC) engines located in the Texas Counties of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant. The air pollutant of concern is Oxides of Nitrogen ( NOx). See the definitions of IC engine, lean burn, rich burn, and NOx later in this attachment.

A summary of rule revision history is as follows:

Rule Project No. 2005 004 117 EN Chapter 117 NO x Rule: D/ FW Increment of Progress; and Technical Changes and Clarifications Amendments to: Sections 117.114, 117.201, 117.203, 117.206, 117.213, 117.214, 117.479, 117.520 Date Adopted: April 27, 2005 Date Filed with the Secretary of State: April 29, 2005 Date Published in the Texas Register: May 13, 2005 Date Effective: May 19, 2005 The affected sections of the revised 30 TAC Chapter 117 are presented in Table A.

Table A  Affected sections of Chapter 117 Section Description 117.114 Emission Testing and Monitoring for Houston Galveston Attainment Demonstration.

117.201 Applicability.

117.203 Exemptions.

117.206 Emission Specifications for Attainment Demonstrations.

117.213 Continuous Demonstration of Compliance. Section Description 2 117.214 Emission Testing and Monitoring for the Houston Galveston Attainment Demonstration.

117.479 Monitoring, Recordkeeping, and Reporting Requirements.

117.520 Compliance Schedule for Industrial, Commercial, and Institutional Combustion Sources in ozone Nonattainment Areas.

Some of the most commonly used terminologies in this evaluation:

What is Nitrogen oxides ( NOx)? NOx is the sum of the nitric oxide and nitrogen dioxide in the flue gas or emission point, collectively expressed as nitrogen dioxide.

What is stationary internal combustion ( IC) engine? A reciprocating engine that remains or will remain at a location ( a single site at a building, structure, facility, or installation) for more than 12 consecutive months. Included in this definition is any engine that, by itself or in or on a piece of equipment, is portable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. Any engine ( or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine being replaced is included in calculating the consecutive residence time period. An engine is considered stationary if it is removed from one location for a period and then returned to the same location in an attempt to circumvent the consecutive residence time requirement. Non road engines, as defined in 40 CFR § 89.2, are not considered stationary for the purposes of this chapter.

What is a lean burn engine? Lean burn engine is a spark ignited or compression ignited, Otto cycle, diesel cycle, or two stroke engine that is not capable of being operated with an exhaust stream oxygen concentration equal to or less than 0.5% by volume, as originally designed by the manufacturer.

What is a rich burn engine? Rich burn engine is a spark ignited, Otto cycle, four stroke, naturally aspirated or turbocharged engine that is capable of being operated with an exhaust stream oxygen concentration equal to or less than 0.5% by volume, as originally designed by the manufacturer.

Relevant Rulemaking Actions: On March 3, 2000 ( 65 FR 11468) EPA approved NOx emissions limitations for the rich burn IC engines as a part of ozone attainment measures for the Beaumont/ Port Arthur ( B/ PA) and Houston/ Galveston ( H/ GA) ozone nonattainment areas. See Table II of the 65 FR 11468. 3 Table B  NOx emissions limitations from IC engines per 65 FR 11468 rulemaking Source NOx limit Additional information Internal Combustion Engines 2.0 gram/ hp hr Natural gas, rich burn, stationary, capacity greater than or equal to 150 hp in H/ GA, and capacity greater than or equal to 300 hp in B/ PA On September 1, 2000 ( 65 FR 53172) EPA approved NOx emissions limitations for the IC engines as a part of the ozone attainment measures for the B/ PA, H/ GA, and D/ FW ozone nonattainment areas. See Table II of the 65 FR 53172.

Table C  NOx emissions limitations from IC engines per 65 FR 53172 rulemaking Source NOx limit Additional information Internal Combustion Engines 3.0 gram/ hp hr Natural gas, lean burn, stationary, capacity greater than or equal to 150 hp in H/ GA, capacity greater than or equal to 300 hp in B/ PA or D/ FW*. Also a 3.0 gram/ hp hr limit for CO.

* The D/ FW area in Table C ( September 1, 2000 rulemaking action 65 FR 53172) is comprised of the 4 Texas Counties of Collin, Dallas, Denton, and Tarrant ( core 4 nonattainment counties).

On March 16, 2001 ( 66 FR 15195) EPA approved NOx emissions specification for IC engines as a part of the ozone control measures for the D/ FW one hour ozone nonattainment area that included the four Texas Counties of Collin, Dallas, Denton, and Tarrant. See Table III of the 66 FR 15195. Table D contains a summary of the 66 FR 15195 rulemaking action for IC engines operating in the four county D/ FW one hour ozone nonattainment area.

Table D  Affected Sources, NOx Emission Specification, and Additional Information Source NOx Emission Specification Additional information Internal Combustion Engines 2.0 gram/ hp hr Natural gas, gas/ liquid fired, lean burn, stationary, capacity $ 300 hp in D/ FW*. Also a 3.0 gram/ hphr limit for CO.

* The D/ FW area in Table D ( March 16, 2001 rulemaking action 66 FR 15195) is comprised of the 4 Texas Counties of Collin, Dallas, Denton, and Tarrant ( core 4 nonattainment counties).

In this proposed rulemaking action, as submitted to us with a letter dated May 13, 2005, Texas is extending the NOx emissions limitations from gas fired rich burn and gas fired lean burn IC engines to the Counties of Ellis, Johnson, Kaufman, Parker and Rockwall ( the surrounding counties). This revision to the SIP will limit emissions of NOx from rich burn and lean burn IC engines as shown in Table E. As a result, NOx emissions from IC engines located in 9 Texas Counties ( Collin, Dallas, Denton, and Tarrant + Ellis, Johnson, Kaufman, Parker and Rockwall) 4 will be regulated per Table E of this attachment. The current EPA approved Texas SIP does not contain NOx emission limitations from IC engines located within the Ellis, Johnson, Kaufman, Parker and Rockwall counties. Section 117.206 concerns Emission Specifications for Attainment Demonstrations. This section establishes more stringent NOx limits for gas fired rich burn IC engines placed in operation after January 2000 in the nine counties ( see 117.206( b)( 3)( B)( ii)) and will result in additional NOx reductions for the D/ FW area. Therefore section 117.206 should be given approval.

Table E  NOx limitations from IC engines per proposed rulemaking Source NOx limit Additional information Internal Combustion Engines 2.0 gram/ hphr Gas fired and dual fuel, lean burn ( Collin, Dallas, Denton and Tarrant Counties), capacity greater than or equal to 300 hp, also 3.0 gram/ hp hr for CO. See 117.206( b)( 2)

Internal Combustion Engines 2.0 gram/ hphr Gas fired lean burn ( Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant Counties), capacity greater than or equal to 300 hp, also 3.0 gram/ hp hr for CO. See 117.206( b)( 3)

Internal Combustion Engines 2.0 gram/ hphr Gas fired rich burn in operation before January 2000 ( Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant Counties), capacity greater than or equal to 300 hp, also 3.0 gram/ hp hr for CO. See 117.206( b)( 3)( B)( i)

Internal Combustion Engines 0.5 gram/ hphr Gas fired rich burn in operation after January 2000 ( Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant Counties), capacity greater than or equal to 300 hp, also 3.0 gram/ hp hr for CO. See 117.206( b)( 3)( B)( ii)

Affected industrial, commercial, and institutional sources in the D/ FW ozone nonattainment area will need to comply with the above NOx emissions limits per compliance schedule outlined in 117.520( b)( 1) and 117.520( b)( 2).

The schedule in 117.520 establishes time frame for testing, recording, reporting, CEMS and PEMS performance evaluations, and installation of appropriate NOx abatement equipment by no later than June 15, 2007. Section 117.520 concerns Compliance Schedule for Industrial, Commercial, and Institutional Combustion Sources in ozone Nonattainment Areas. Section 117.520 will make the proposed SIP revision enforceable and should be given approval.

Affected industrial, commercial, and institutional sources will need to comply with the 5 Monitoring, Recordkeeping, and Reporting Requirements outlined in 117.479. Section 117.479 will make the proposed SIP revision enforceable. Section 117.479 should be given approval.

Section 117.114 concerns Emission Testing and Monitoring for Houston Galveston Attainment Demonstration. Equation 117.114( a)( 4)( A) or mass balance can be used to calculate ammonia emissions.

NH3 @ O2 = [(( a / b) x 10 6)  c] x d where: a = ammonia injection rate ( in pounds per hour ( lb/ hr))/ 17 pound per pound mole ( lb/ lb mol) b = dry exhaust flow rate ( lb/ hr)/ 29 lb/ lb mol c = change in measured NOx concentration across catalyst ( ppmv at reference oxygen) d = correction factor, the ratio of measured slip to calculated ammonia slip, where the measured slip is obtained from the stack sampling for ammonia required by § 117.111( a)( 2) of this title ( relating to Initial Demonstration of Compliance), using either the Phenol Nitroprusside Method, the Indophenol Method, or EPA Conditional Test Method 27. Minor modifications to these methods or EPA approved alternative test methods may be approved by the executive director, as specified in § 117.211( e)( 6) of this title ( relating to Initial Demonstration of Compliance). [ Note: Ammonia tests are usually based on the Berthelot reaction. Ammonia reacts with alkaline phenol, then with sodium hypochlorite to form indophenol blue. Sodium nitroprusside ( nitroferricyanide) is added to enhance sensitivity. The absorbance of the reaction product is measured at 630 nm, and is directly proportional to the ammonia concentration.]

The correction factor " d" in this equation allows to use EPA Test Method 27 or an EPA approved alternative test method. The alternative test method will need to comply with the specifications outlined in 117.211( e)( 6). Section 117.114 should be given approval.

The date by which a unit be shut down after the compliance date operating without the required CEMS was changed from May 31, 2005, to September 30, 2005. This extension should provide for flexibility for affected sources mainly in the H/ GA and B/ PA area. This extension does not affect the attainment demonstration deadlines for the nonattainment areas and should be given approval.

Section 117.214 concerns Emission Testing and Monitoring for the Houston Galveston Attainment Demonstration. Equation 117.214( a)( 1)( D)( i) or mass balance can be used to calculate ammonia emissions. Equation 117.214( a)( 1)( D)( i) is similar to the equation 117.114( a)( 4)( A); however, the required parts per million by volume ( ppmv) at reference oxygen NH3 @ O2 is different for each source category. Reference oxygen on a dry basis is 3.0% for boilers and process heaters; 0.0% for fluid catalytic cracking units ( including CO boilers, CO furnaces, and catalyst regenerator vents); 7.0% for boilers and industrial furnaces ( BIF units) that were regulated as existing facilities by the EPA at 40 Code of Federal Regulations Part 266, Subpart H ( as was in effect on June 9, 1993), wood fired boilers, and incinerators; 15% for stationary gas turbines ( including duct burners used in turbine exhaust ducts), gas fired lean burn 6 engines, and lightweight aggregate kilns; and 3.0% for all other units. The correction factor " d" in this equation allows to use EPA Test Method 27 or an EPA approved alternative test method. The alternative test method will need to comply with the specifications outlined in 117.211( e)( 6). Section 117.214 should be given approval.

Section 117.201 concerns Applicability for this particular SIP revisions. Sources listed in 117.201 ( 1) though ( 12) are all combustion sources and emit NOx. Revised 117.201( 5) changes the word " EPA" to the " United States Environmental Protection Agency." This change is minor and editorial in nature, and has been adopted to comply with the Texas Register publishing requirements. Section 117.201 should be given approval.

Section 117.203 concerns Exemptions and clarifies that co gen boilers that recover heat from one or more carbon black reactors in the B/ PA area will not subject to this SIP revision. The EPA commented on this subject to the State during public comment period . See comment # 3 in Table E of this attachment. We have evaluated State's response and find State's response in Table E satisfactory; therefore, section 117.203 should be given approval.

Section 117.213 concerns Continuous Demonstration of Compliance. Section 117.213( a)( 2)( B) states that units venting to a common stack with a NO and diluent CEMS may use a single totalizing fuel flow meter. The CEMS requirements are in section 117.213( e). The CEMS will need to meet the requirements of 40 CFR 60.13, 40 CFR 60 Appendix B, and Performance Specifications 2 through 5 of that Appendix. The CEMS will need to meet the requirements of 40 CFR Par 75 as well. Section 117.213 should be given approval.

In addition, in the January 6, 2005 comment letter to the TCEQ we wrote : " Thank you for the opportunity to review .... our comments are as follows:" [ see Table E below]

Table E  Tabulated summary of EPA comments on the proposed rulemaking to Texas 7 EPA Comment State Response Acceptable 1) Although this project is being proposed as a part of the 5% Increment of Progress for the Dallas/ Fort Worth ozone nonattainment area, the proposed section 117.203( a)( 13) introduces a new exemption for a certain category of sources in the Beaumont Port Arthur ozone nonattainment area. Please elaborate which facilities are affected by this new exemption, and how much ( tons per day or tons per year) the NOx emissions from these exempted facilities are. The emission reductions necessary for the B/ PA attainment demonstration SIP were based on the modeling episode from September 6, 1993  September 11, 1993, and the controlling day, September 10, 1993. Modeling for the controlling day indicated that a point source NOx reduction of approximately 40% from 1997 levels, or about 60 tons per day, was necessary. Staff analyzed the most recent available point source NOx emissions inventory, which was 1997. Emission specifications to achieve the necessary reductions were developed for the four largest of the source categories: industrial boilers, process heaters, electric utility boilers, and engines. This exemption is added because it was not the commission's intent that these units be subject to Chapter 117, Subchapter B, Division 3. This exemption does not impact the B/ PA area SIP demonstration because NOx reductions from these units are not included in the attainment demonstration. Thus, there will be no emissions increases or decreases associated with the SIP with the addition of this exemption. The commission will continue to analyze emissions inventories for future attainment demonstrations and determine what reductions may or may not be necessary or achievable. Yes 2) The proposed section 117.206( b)( 2) sets forth emission limitation for NOx and a companion emission limitation for carbon monoxide ( CO) from gasfired and dual fired lean burn IC engines. As you are aware emissions of NOx and CO from IC engines are interdependent. This multi pollutant approach will promote better housekeeping, maintenance, and operation of the affected engines by the operator. The Air Planning Section supports this multi pollutant approach in 117.206( b)( 2). [ EPA comment # 2 is merely a statement of support and TCEQ is not obligated to respond] Yes EPA Comment State Response Acceptable 8 3) The proposed section 117.206( b)( 3) sets forth a new emission limitation, for lean burn and rich burn engines, for NOx alone. We recommend section 117.206( b)( 3) to include an appropriate companion CO limit for these engines as well. Consequently, sections 117.206( b)( 2) and 117.206( b)( 3) both will become consistent in approach and methodology. It was the intent of the commission that units subject to § 117.206( b)( 3) be subject to the 3.0 g CO/ hp hr emission specification in § 117.205( d) or § 117.206( b)( 2). However, the proposed applicability section, § 117.201, inadvertently exempted engines in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties from the CO limit specified in § 117.205( d) or § 117.206( b)( 2). Therefore, the commission has revised § 117.206( b)( 3) to include the 3.0 g/ hp hr CO emission specification. Yes A comparison of NOx emissions limitations in Table E vs. Table D of this attachment reveals that the proposed NOx emissions limitations: a) are more stringent, b) include additional engine categories ( rich burn and dual fired IC engines), c) affect five more counties ( total of 9 counties) not previously included, and d) result in additional NOx reductions not available under previous regulations. These additional NOx reductions will assist in bringing the D/ FW area into compliance with the applicable ozone standards. The proposed revisions to the Texas SIP are in conformance with sections 110 and 116 of the Act.

For these reasons, the proposed revisions to 30 TAC Chapter 117, as submitted to us with a letter dated May 13, 2005, should be given approval. 9 Example of Conversion of Gram/ hp hr to parts per million ( ppm) for IC Engines:

For Carbon monoxide ( CO): IC engines emission rate calculator Formula inputs: Pollutant concentration: 1177ppm Generator efficiency: 36% O 2 in exhaust stream: 3% ( Usually 15% for internal combustion engines)

Calculated results: Heat rate, mmBtu/ MW: 9.5 Emission rates, g/ hp h: Gas Diesel Wood Coal NO 2 : 4.92 5.20 5.22 5.53 SO 2 : 6.86 7.24 7.28 7.70 6CO: 3.00 3.16 3.18 3.37 NMOGs: 4.72 4.98 5.01 5.30 For Oxides of Nitrogen ( NOx): IC engines emission rate calculator Formula inputs: Pollutant concentration: 120ppm Generator efficiency: 36% O 2 in exhaust stream: 3% ( Usually 15% for internal combustion engines)

Calculated results: Heat rate, mmBtu/ MW: 9.5 Emission rates, g/ hp h: Gas Diesel Wood Coal 6NO 2 : 0.50 0.53 0.53 0.56 SO 2 : 0.70 0.74 0.74 0.79 CO: 0.31 0.32 0.32 0.34 NMOGs: 0.48 0.51 0.51 0.54


[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Rules and Regulations]
[Pages 19668-19670]
[FR Doc No: 2020-06588]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0483; FRL-10005-16-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Administrative Revisions to Definitions,
Remedies, and Enforcement Orders Sections and Incorporation by
Reference of National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania on behalf of Allegheny County. These revisions include
administrative amendments made to the Allegheny County Health
Department (ACHD) Rules and Regulations, Article XXI, Air Pollution
Control. Specifically, the revisions added a definition for ``County
Council;'' deleted its current listing of ambient air quality standards
and added, through incorporation by reference, all national ambient air
quality standards (NAAQS) promulgated by EPA; revised references to the
``Board of County Commissioners'' to ``County Executive'' or ``County
Council;'' added the ``Manager of the Air Quality Program or their
respective designee'' as a signatory for enforcement orders; and
revised a reference from the ``Bureau of Environmental Quality Division
of Air Quality'' to ``Air Quality Program of the Department.'' This
action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on May 8, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0483. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., 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 through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Erin Malone, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Ms. Malone can also be reached
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On November 13, 2019 (84 FR 61592), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of administrative and definition
amendments, as well as incorporation by reference of the NAAQS, to ACHD
Rules and Regulations, Article XXI, Air Pollution Control. The formal
SIP revision was submitted by Pennsylvania, on behalf of Allegheny
County, on February 15, 2019.\1\
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    \1\ On April 28, 2017, ACHD submitted Revision 73 to the
Pennsylvania Department of Environmental Protection (PADEP). PADEP,
on behalf of Allegheny County, also submitted a clarification letter
dated June 24, 2019 to EPA to further clarify the revisions to
sections 2101.10 and 2101.20 of Article XXI of ACHD's Rules and
Regulations.
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II. Summary of SIP Revision and EPA Analysis

    The February 15, 2019 submittal includes amended versions of ACHD
Rules and Regulations, Article XXI, Air Pollution Control, sections
2101.10 Ambient Air Quality Standards, 2101.20 Definitions, 2109.02
Remedies, and 2109.03 Enforcement Orders. The amendment to section
2101.10 removed ACHD's existing SIP approved list of NAAQS and added,
through incorporation by reference, all NAAQS promulgated by the EPA
under the CAA at 40 CFR part 50. The amendment to section 2101.20 added
the following definition for County Council, `` `County Council' means
the Council of Allegheny County, Pennsylvania.'' The

amendments to section 2109.02 revised the reference to ``Board of
County Commissioners'' to ``County Executive'' in paragraphs (a)(5) and
(6).
    Other specific requirements and the rationale for EPA's proposed
action are explained in the NPRM and Technical Support Document (TSD)
and will not be restated here. No adverse comments were received on the
NPRM.

III. Final Action

    EPA is approving the February 15, 2019 submittal, which includes
administrative deletions, additions, and revisions to ACHD Rules and
Regulations, Article XXI, Air Pollution Control, sections 2101.10
Ambient Air Quality Standards, 2101.20 Definitions, 2109.02 Remedies,
and 2109.03 Enforcement Orders, as a revision to the Pennsylvania SIP.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the ACHD
Rules and Regulations, Article XXI, sections 2101.10 Ambient Air
Quality Standards, 2101.20 Definitions, 2109.02 Remedies, and 2109.03
Enforcement Orders described in the amendments to 40 CFR part 52 set
forth below.
    EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region III
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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 June 8, 2020. 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 revising the Pennsylvania SIP to reflect amendments to
ACHD Rules and Regulations, Article XXI, Air Pollution Control,
sections 2101.10 Ambient Air Quality Standards, 2101.20 Definitions,
2109.02 Remedies, and 2109.03 Enforcement Orders 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: March 10, 2020.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(2) is amended by:
0
a. Under ``Part A--General'':

0
 i. Removing the entry for ``2101.10'' and adding in its place an entry
for ``2101.10(except paragraph b)'';
0
ii. Adding an eleventh entry for ``2120.20;
0
b. Under ``Part I--Enforcement'':
0
i. Revising the entry for ``2109.02 (except paragraph.02.a.7)''; and
0
ii. Removing the entry ``2109.03a. (introductory sentence), b. through
f'', and adding in its place an entry for ``2109.03 (except under a.
subsections 1, 2, 3)''.
    The revision and additions read as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                Additional
                                                                                explanation/ Sec.
  Article XX or XXI citation      Title/subject      State effective date   EPA approval date        52.2063
                                                                                citation
----------------------------------------------------------------------------------------------------------------
                                                 Part A--General
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2101.10 (except paragraph b)..  Ambient Air                        9/25/13  4/8/20, [Insert    This action is
                                 Quality                                     Federal Register   only approving
                                 Standards.                                  citation].         the ACHD
                                                                                incorporations
                                                                                of EPA NAAQS
                                                                                under 40 CFR
                                                                                part 50 cited
                                                                                under this
                                                                                section.

                                                  * * * * * * *
2101.20.......................  Definitions......                  9/25/13  4/8/20, [Insert    Addition of
                                                                             Federal Register   definition for
                                                                             citation].         ``County
                                                                                Council.''

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                               Part I--Enforcement
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2109.02 (except                 Remedies.........                  9/25/13  4/8/20, [Insert    Changed
 paragraph.02.a.7).                                                          Federal Register   references of
                                                                             citation].         ``Board of
                                                                                County
                                                                                Commissioners''
                                                                                to ``County
                                                                                Executive.''
                                                                                (c)(192).
2109.03 (except under a.        Enforcement                        9/25/13  4/8/20, [Insert    Paragraph (b) was
 subsections 1, 2, 3).           Orders.                                     Federal Register   revised to add
                                                                             citation].         ``or the Manager
                                                                                of the Air
                                                                                Quality Program,
                                                                                or their
                                                                                respective
                                                                                designee'' as an
                                                                                additional
                                                                                signatory option
                                                                                on enforcement
                                                                                orders. In
                                                                                paragraph (d)
                                                                                ``Board of
                                                                                County
                                                                                Commissioners''
                                                                                was changed to
                                                                                ``County
                                                                                Council.'' In
                                                                                paragraph
                                                                                (d)(1), ``Bureau
                                                                                of Environmental
                                                                                Quality Division
                                                                                of Air Quality''
                                                                                was changed to
                                                                                ``Air Quality
                                                                                Program of the
                                                                                Department.''
                                                                                (c)(192).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-06588 Filed 4-7-20; 8:45 am]
 BILLING CODE 6560-50-P


Comment Info: =================

General Comment:I was fortunate enough to quit smoking analog cigarettes and I have noticed a huge difference in my health. So has my primary doctor. I have been a non smoker for 5 years now and I couldn't be happier. I love using my ecig. I am asking for 180 days for comment to be left open.