82 FR 24860 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revisions to Allegheny County Health Department Rules
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 103 (May 31, 2017)
Federal Register Volume 82, Issue 103 (May 31, 2017)
| Page Range | 24860-24862 | |
| FR Document | 2017-10921 |
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)] [Rules and Regulations] [Pages 24860-24862] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10921] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0064; FRL-9962-77-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revisions to Allegheny County Health Department Rules AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Pennsylvania state implementation plan (SIP). The revisions pertain to administrative and definition amendments made to Allegheny County Health Department's (ACHD) Rules and Regulations Article XXI, Air Pollution Control. The amendments updated the name of the Bureau of Environmental Quality to the Bureau of Environmental Health and revised the definition of ``County Executive'' to agree with the definition in the Allegheny County Home Rule Charter. EPA is approving these revisions to Article XXI in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on July 31, 2017 without further notice, unless EPA receives adverse written comment by June 30, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2017-0064 at https://www.regulations.gov, or via email to [email protected]. 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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On December 15, 2016, the Commonwealth of Pennsylvania submitted, on behalf of Allegheny County, a formal revision to the Pennsylvania SIP. I. Background The SIP revision consists of administrative and definition amendments to ACHD's Rules and Regulations Article XXI, Air Pollution Control. These amendments were submitted by the Pennsylvania Department of Environmental Protection (PADEP) as a formal revision to the Pennsylvania SIP, on behalf of Allegheny County. The regulations were adopted by the ACHD. II. Summary of SIP Revision and EPA Analysis The December 15, 2016 SIP revision submittal includes amended versions of ACHD's Rules and Regulations Article XXI, Air Pollution Control, section 2101.07 paragraph (a), Administration and Organization--Administration, and section 2101.20, Definitions. Pennsylvania requests that EPA approve this submittal so that these amended regulations become part of the Pennsylvania SIP. The amendment to section 2101.07 paragraph (a) changed the name of the ``Allegheny County Health Department Bureau of Environmental Quality'' to the ``Allegheny County Health Department Bureau of Environmental Health.'' The amendment to section 2101.20 updates the definition of ``County Executive'' from the ``Chief Executive of Allegheny County, Pennsylvania'' to ``the Chief Executive of Allegheny, Pennsylvania, as defined in the Allegheny County Home Rule Charter.'' EPA's review of this material indicates the December 15, 2016 submittal is approvable as it meets requirements of the CAA under section 110(a) and contains only minor administrative changes to regulations that were previously included in the Pennsylvania SIP. None of these changes affects emissions of air pollutants, and none of the changes will interfere with any applicable requirement concerning attainment of reasonable further progress or any other applicable requirements in the CAA. Thus, EPA finds the revision approvable specifically for section 110(1) of the CAA. III. Final Action EPA is approving the Pennsylvania SIP revision for Allegheny County, which was submitted on December 15, 2016. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of today's Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on July 31, 2017 without further notice unless EPA receives adverse comment by June 30, 2017. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation [[Page 24861]] by reference of the revisions to ACHD's Rules and Regulations Article XXI, Air Pollution Control, section 2101.07 paragraph (a), Administration and Organization--Administration and section 2101.20, Definitions discussed in Section II of this preamble. 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 by the Director of the Federal Register in the next update of the SIP compilation.\1\ EPA has made, and will continue to make, these materials generally available through https://www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- 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); 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 July 31, 2017 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action to approve Revisions to Allegheny County Health Department Rules as part of the Pennsylvania SIP 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. Dated: May 4, 2017. Cecil Rodrigues, Acting 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 revising an entry for ``2101.07 (Except paragraphs .07.c.2 and c.8)'' and adding an entry in numerical order``2101.20'' under ``Part A-- General''. The revision and addition read as follows: Sec. 52.2020 Identification of plan. * * * * * (c) * * * (2) * * * [[Page 24862]] ---------------------------------------------------------------------------------------------------------------- State Additional explanation/ Article XX or XXI citation Title/subject effective date EPA approval date Sec. 52.2063 citation ---------------------------------------------------------------------------------------------------------------- Part A--General ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2101.07 (Except paragraphs Administration and 06/19/15 05/31/17 [Insert Revised name of .07.c.2 and c.8). Organization. Federal Register Allegheny County citation]. Health Department Bureau of Environmental Quality to Allegheny County Health Department Bureau of Environmental Health. Previous approval 11/14/02, 67 FR 68935 (c)(192). * * * * * * * 2101.20........................ Definitions....... 06/19/15 05/31/17 [Insert Revised definition of Federal Register ``County Executive'' citation]. to mean ``the Chief Executive of Allegheny County, Pennsylvania, as defined in the Allegheny County Home Rule Charter''. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-10921 Filed 5-30-17; 8:45 am] BILLING CODE 6560-50-P
![24860 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
List of Subjects in 40 CFR Part 52 online instructions for submitting Environmental Quality’’ to the
Environmental protection, Air comments. Once submitted, comments ‘‘Allegheny County Health Department
pollution control, Carbon monoxide, cannot be edited or removed from Bureau of Environmental Health.’’ The
Incorporation by reference, Regulations.gov. For either manner of amendment to section 2101.20 updates
Intergovernmental relations, Lead, submission, EPA may publish any the definition of ‘‘County Executive’’
Nitrogen dioxide, Ozone, Particulate comment received to its public docket. from the ‘‘Chief Executive of Allegheny
matter, Reporting and recordkeeping Do not submit electronically any County, Pennsylvania’’ to ‘‘the Chief
requirements, Sulfur oxides, Volatile information you consider to be Executive of Allegheny, Pennsylvania,
organic compounds. confidential business information (CBI) as defined in the Allegheny County
or other information whose disclosure is Home Rule Charter.’’
Authority: 42 U.S.C. 7401–7671q. EPA’s review of this material
restricted by statute. Multimedia
Dated: April 10, 2017. submissions (audio, video, etc.) must be indicates the December 15, 2016
Deborah A. Szaro, accompanied by a written comment. submittal is approvable as it meets
Acting Regional Administrator, EPA New The written comment is considered the requirements of the CAA under section
England. official comment and should include 110(a) and contains only minor
[FR Doc. 2017–11222 Filed 5–30–17; 8:45 am] discussion of all points you wish to administrative changes to regulations
BILLING CODE 6560–50–P make. EPA will generally not consider that were previously included in the
comments or comment contents located Pennsylvania SIP. None of these
outside of the primary submission (i.e. changes affects emissions of air
ENVIRONMENTAL PROTECTION on the web, cloud, or other file sharing pollutants, and none of the changes will
AGENCY system). For additional submission interfere with any applicable
methods, please contact the person requirement concerning attainment of
40 CFR Part 52 identified in the FOR FURTHER reasonable further progress or any other
[EPA–R03–OAR–2017–0064; FRL–9962–77– INFORMATION CONTACT section. For the applicable requirements in the CAA.
Region 3] full EPA public comment policy, Thus, EPA finds the revision approvable
information about CBI or multimedia specifically for section 110(1) of the
Approval and Promulgation of Air submissions, and general guidance on CAA.
Quality Implementation Plans; making effective comments, please visit III. Final Action
Pennsylvania; Revisions to Allegheny http://www2.epa.gov/dockets/
County Health Department Rules EPA is approving the Pennsylvania
commenting-epa-dockets.
SIP revision for Allegheny County,
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Sara which was submitted on December 15,
Agency (EPA). Calcinore, (215) 814–2043, or by email 2016. EPA is publishing this rule
ACTION: Direct final rule. at calcinore.sara@epa.gov. without prior proposal because EPA
SUPPLEMENTARY INFORMATION: On views this as a noncontroversial
SUMMARY: The Environmental Protection December 15, 2016, the Commonwealth amendment and anticipates no adverse
Agency (EPA) is taking direct final of Pennsylvania submitted, on behalf of comment. However, in the ‘‘Proposed
action to approve revisions to the Allegheny County, a formal revision to Rules’’ section of today’s Federal
Commonwealth of Pennsylvania state the Pennsylvania SIP. Register, EPA is publishing a separate
implementation plan (SIP). The document that will serve as the proposal
revisions pertain to administrative and I. Background
to approve the SIP revision if adverse
definition amendments made to The SIP revision consists of comments are filed. This rule will be
Allegheny County Health Department’s administrative and definition effective on July 31, 2017 without
(ACHD) Rules and Regulations Article amendments to ACHD’s Rules and further notice unless EPA receives
XXI, Air Pollution Control. The Regulations Article XXI, Air Pollution adverse comment by June 30, 2017. If
amendments updated the name of the Control. These amendments were EPA receives adverse comment, EPA
Bureau of Environmental Quality to the submitted by the Pennsylvania will publish a timely withdrawal in the
Bureau of Environmental Health and Department of Environmental Protection Federal Register informing the public
revised the definition of ‘‘County (PADEP) as a formal revision to the that the rule will not take effect. EPA
Executive’’ to agree with the definition Pennsylvania SIP, on behalf of will address all public comments in a
in the Allegheny County Home Rule Allegheny County. The regulations were subsequent final rule based on the
Charter. EPA is approving these adopted by the ACHD. proposed rule. EPA will not institute a
revisions to Article XXI in accordance second comment period on this action.
with the requirements of the Clean Air II. Summary of SIP Revision and EPA
Analysis Any parties interested in commenting
Act (CAA). must do so at this time. Please note that
DATES: This rule is effective on July 31, The December 15, 2016 SIP revision if EPA receives adverse comment on an
2017 without further notice, unless EPA submittal includes amended versions of amendment, paragraph, or section of
receives adverse written comment by ACHD’s Rules and Regulations Article this rule and if that provision may be
June 30, 2017. If EPA receives such XXI, Air Pollution Control, section severed from the remainder of the rule,
comments, it will publish a timely 2101.07 paragraph (a), Administration EPA may adopt as final those provisions
withdrawal of the direct final rule in the and Organization—Administration, and of the rule that are not the subject of an
asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register and inform the public section 2101.20, Definitions. adverse comment.
that the rule will not take effect. Pennsylvania requests that EPA approve
ADDRESSES: Submit your comments, this submittal so that these amended IV. Incorporation by Reference
identified by Docket ID No. EPA–R03– regulations become part of the In this rule, EPA is finalizing
OAR–2017–0064 at https:// Pennsylvania SIP. The amendment to regulatory text that includes
www.regulations.gov, or via email to section 2101.07 paragraph (a) changed incorporation by reference. In
rehn.brian@epa.gov. For comments the name of the ‘‘Allegheny County accordance with requirements of 1 CFR
submitted at Regulations.gov, follow the Health Department Bureau of 51.5, EPA is finalizing the incorporation
VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1](https://thefederalregister.org/doc/82_FR_24963/page/1.svg)
![24862 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
State Additional explanation/
Article XX or XXI citation Title/subject EPA approval date
effective date § 52.2063 citation
Part A—General
* * * * * * *
2101.07 (Except para- Administration and Or- 06/19/15 05/31/17 [Insert Fed- Revised name of Allegheny County Health De-
graphs .07.c.2 and ganization. eral Register cita- partment Bureau of Environmental Quality to
c.8). tion]. Allegheny County Health Department Bureau
of Environmental Health.
Previous approval 11/
14/02, 67 FR 68935
(c)(192).
* * * * * * *
2101.20 .......................... Definitions .................... 06/19/15 05/31/17 [Insert Fed- Revised definition of ‘‘County Executive’’ to
eral Register cita- mean ‘‘the Chief Executive of Allegheny
tion]. County, Pennsylvania, as defined in the Alle-
gheny County Home Rule Charter’’.
* * * * * * *
* * * * * documents in the docket are listed on No comments were received from
[FR Doc. 2017–10921 Filed 5–30–17; 8:45 am] the http://www.regulations.gov Web LDEQ or the public on the proposal
BILLING CODE 6560–50–P site. Although listed in the index, some during the public notice and comment
information is not publicly available, period.
e.g., Confidential Business Information
ENVIRONMENTAL PROTECTION II. Final Action
or other information whose disclosure is
AGENCY restricted by statute. Certain other The EPA is approving the revisions to
material, such as copyrighted material, the Louisiana SIP that were proposed
40 CFR Part 52 is not placed on the Internet and will be for approval in our November 22, 2016,
[EPA–R06–OAR–2016–0206; FRL–9958–84– publicly available only in hard copy proposal (81 FR 83771) as discussed
Region 6] form. Publicly available docket below. This final action includes SIP
materials are available either submittals from the State of Louisiana
Approval and Promulgation of electronically through http:// submitted on November 15, 1993,
Implementation Plans; Louisiana; www.regulations.gov or in hardcopy at November 10, 1994, and November 9,
Revisions to the New Source Review the EPA Region 6, 1445 Ross Avenue, 2007.
State Implementation Plan; Air Permit Suite 700, Dallas, Texas 75202–2733. The approved revisions provide in
Procedure Revisions general: (1) Rule clarification; (2) rule
FOR FURTHER INFORMATION CONTACT:
consistency with Federal rules; (3)
AGENCY: Environmental Protection Stephanie Kordzi, (214) 665–7520,
establishment of permit modification
Agency (EPA). kordzi.stephanie@epa.gov.
procedures; (4) establishment of
ACTION: Final rule. SUPPLEMENTARY INFORMATION: reopening procedures: and (5)
Throughout this document whenever establishment of notification procedures
SUMMARY: Pursuant to the Federal Clean ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Air Act (CAA or the Act), the for the notification of other states of
the EPA. Louisiana PSD permit actions.
Environmental Protection Agency (EPA)
is approving severable portions of three I. Background Specifically, we are approving revisions
revisions to the Louisiana New Source to the Louisiana SIP pertaining to the
The background for this action is
Review (NSR) State Implementation following sections:
discussed in detail in our November 22, • LAC 33:III.525 as submitted on
Plan (SIP) submitted by the Louisiana 2016, proposal (81 FR 83771). In that
Department of Environmental Quality November 15, 1993.
document, we proposed to partially • LAC 33:III.527 as submitted on
(LDEQ). Specifically, we are finalizing approve and partially disapprove November 15, 1993, and November 10,
approval of provisions contained within severable portions of four revisions to 1994.
the Chapter 5 air construction permit the Louisiana New Source Review • LAC 33:III.529 as submitted on
rules as initially submitted on (NSR) State Implementation Plan (SIP) November 15, 1993.
November 15, 1993, November 10, 1994, submitted by the Louisiana Department • LAC 33:III.531 as submitted on
and November 9, 2007. We are of Environmental Quality (LDEQ). We November 15, 1993, and November 9,
withdrawing our proposed disapproval are finalizing our proposed action to a 2007.
of LAC 33:III.501.B.1.d, LAC full approval of severable portions of • The EPA is withdrawing our
33:III.513.A.1, and LAC 33:III.531.A.1. three revisions as listed in Section II proposed disapproval of LAC
asabaliauskas on DSKBBXCHB2PROD with RULES
because the LDEQ withdrew these below to the Louisiana NSR SIP 33:III.501.B.1.d, LAC 33:III513.A.1, and
sections from our consideration on submitted by LDEQ. We are LAC 33:III531.A.1. The LDEQ withdrew
April 19, 2017. withdrawing our proposed disapproval these sections from our consideration by
DATES: This rule is effective on June 30, of LAC 33:III.501.B.1.d, LAC letter dated April 19, 2017; as such, they
2017. 33:III.513.A.1, and LAC 33:III.531.A.1. are no longer in front of us for action.
ADDRESSES: The EPA has established a because the LDEQ withdrew these We are taking this final action under
docket for this action under Docket ID sections from our consideration by letter section 110 and parts C and D of the
No. EPA–R06–OAR–2016–0206. All dated April 19, 2017. Act.
VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1](https://thefederalregister.org/doc/82_FR_24963/page/3.svg)
Document Created: 2017-05-31 05:59:14
Document Modified: 2017-05-31 05:59:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on July 31, 2017 without further notice, unless EPA receives adverse written comment by June 30, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Sara Calcinore, (215) 814-2043, or by email at [email protected] | |
| FR Citation | 82 FR 24860 | |
| CFR Associated | Environmental Protection; Air Pollution Control and Incorporation by Reference |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR