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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules and Regulations
nonattainment for PM2.5; 2 the definition of major facility has been updated to include a 70 tons per year tpy emissions threshold for PM2.5 and all precursors to PM2.5 in a serious nonattainment area; 3 the definition of regulated NSR pollutant has been updated to include sulfur dioxide SO2, VOC, and ammonia in all PM2.5
nonattainment areas; 4 revisions were made to the definition of significant to include emission rates for PM2.5 at 10
tpy and emission rates for PM2.5
precursors as follows: 40 tpy of SO2, 40
tpy of VOC, 40 tpy of ammonia, and 40
tpy of nitrogen oxides NOX. Section 127.202aEffective date, was amended to establish that emission of VOC and ammonia will be regulated as PM2.5 precursors after the effective date of the adoption of the proposed rulemaking. EPA proposed to find these revisions approvable and consistent with applicable requirements for a PM2.5
NNSR permit program, as revised by the 2016 Implementation Rule.
Section 127.203aFacilities subject to special permit requirements, was amended to add significant air quality impact levels for PM2.5 at 0.2mg/m3 for the annual averaging time and 1.2 mg/m3
for the 24-hour averaging time. PADEPs annual averaging time is more stringent than what EPA requires in 40 CFR
51.165b2, therefore, EPA finds this more stringent requirement approvable.
Section 127.210aOffset ratios, establishes offset ratios for VOC and ammonia at a ratio of 1:1 for flue emissions and fugitive emissions. EPA
finds the addition of offset ratios to be approvable.
Other specific provisions of this SIP
revision and the rationale for EPAs proposed action are explained in the NPRM, and its associated technical support document TSD, and will not be restated here. No public comments were received on the NPRM.

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III. Final Action EPA is approving amendments to 25
Pa. Code Chapters 121 General Provisions and 127 Construction, Modification, Reactivation and Operation of Sources, 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 certain subsections of 25
Pa. Code Chapters 121 General Provisions and 127, Construction, Modification, Reactivation and Operation of Sources, as described in
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the amendments to 40 CFR part 52 sets 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 rule of EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.5
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. 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 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 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. 8042.
C. Petitions for Judicial Review Under section 307b1 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 July 12, 2021. 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 approving NNSR
requirements under the 2012 PM2.5
NAAQS may not be challenged later in proceedings to enforce its requirements.
See section 307b2.

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