Federal Register - August 2, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules
facility but not others, EPA may take separate, final action on the remaining facilities.
V. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference source specific RACT determinations via the RACT II permits as described in Sections II and IIISummary of SIP
Revisions and EPAs Evaluation of SIP
Revisions. 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.
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VI. Statutory and Executive Order Reviews 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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 proposed 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;
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. 1044;
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;
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Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of section 12d 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 proposed rulemaking, addressing the Pennsylvania NOX and VOC RACT caseby-case requirements for individual sources at fourteen facilities for the 1997
and 2008 8-hour ozone NAAQS, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 26, 2021.
Diana Esher, Acting Regional Administrator, Region III.
FR Doc. 202116284 Filed 73021; 8:45 am BILLING CODE 656050P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20210380; FRL869401
R3
Approval and Promulgation of Air Quality Plans; Pennsylvania;
Reasonably Available Control Technology RACT Determinations for Case-by-Case Sources Under the 1997
and 2008 8-Hour Ozone National Ambient Air Quality Standards Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection Agency EPA is proposing to approve multiple state implementation plan SIP revisions submitted by the Commonwealth of Pennsylvania. These
SUMMARY:
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revisions were submitted by the Pennsylvania Department of Environmental Protection PADEP to establish and require reasonably available control technology RACT for twenty-four major sources of volatile organic compounds VOC and/or nitrogen oxides NOX pursuant to the Commonwealth of Pennsylvanias conditionally approved RACT
regulations. In this rulemaking action, EPA is proposing to approve sourcespecific also referred to as case-bycase RACT determinations for sources at twenty-four major NOX and VOC
emitting facilities submitted by PADEP.
These RACT evaluations were submitted to meet RACT requirements for the 1997 and 2008 8-hour ozone national ambient air quality standards NAAQS. This action is being taken under the Clean Air Act CAA.
DATES: Written comments must be received on or before September 1, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR03
OAR20210380 at https
www.regulations.gov, or via email to opila.marycate@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket.
Do not submit electronically any information you consider to be confidential business information CBI
or other information whose disclosure is restricted by statute. Multimedia submissions audio, video, etc. must be accompanied by a written comment.
The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mr.
Riley Burger, Permits Branch 3AD10, Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is 215 8142217.
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