82_FR_37469 82 FR 37316 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to Allegheny County Regulations for Open Burning

82 FR 37316 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to Allegheny County Regulations for Open Burning

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 153 (August 10, 2017)

Page Range37316-37318
FR Document2017-16806

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Pennsylvania state implementation plan (SIP). The revisions update Allegheny County's portion of the Pennsylvania SIP, which includes regulations concerning open burning. Pennsylvania submitted updated regulations, on behalf of Allegheny County, which clarify and codify existing regulations in order to more effectively address emissions from open burning and protect public health. EPA is approving the SIP submittal of Allegheny County's regulations for open burning in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 153 (Thursday, August 10, 2017)
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37316-37318]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16806]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0204; FRL-9965-75-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revision to Allegheny County Regulations for Open Burning

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 update Allegheny 
County's portion of the Pennsylvania SIP, which includes regulations 
concerning open burning. Pennsylvania submitted updated regulations, on 
behalf of Allegheny County, which clarify and codify existing 
regulations in order to more effectively address emissions from open 
burning and protect public health. EPA is approving the SIP submittal 
of Allegheny County's regulations for open burning in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on November 8, 2017 without further 
notice, unless EPA receives adverse written comment by September 11, 
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-2017-0204 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: Gregory A. Becoat, (215) 814-2036, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 25, 2015, the Commonwealth of Pennsylvania through the 
Pennsylvania Department of Environmental Protection submitted a formal 
revision to the Pennsylvania SIP. The SIP revision consists of amended 
versions of Allegheny County Health Department's (ACHD) regulations 
under Article XXI (Air Pollution Control), section 2101.20, 
``Definitions,'' and section 2105.50, ``Open Burning.'' Allegheny 
County does not currently meet the federal air quality standards for 
fine particulate matter under 2.5 microns in size (PM2.5), 
including the 2015 PM2.5 national ambient air quality 
standard (NAAQS), as measured annually. Wood smoke contains air toxics 
and contributes to high levels of PM2.5 in Allegheny County. 
The revised regulations clarify and codify existing regulations 
regarding open burning in order to more effectively address emissions 
due to the numerous pollutants, including air toxics, found in wood 
smoke. The revised ACHD regulations, effective January 1, 2015, specify 
the following details related to various aspects of open burning: (1) 
Materials that may be burned; (2) the size of burn piles; (3) setback 
requirements; (4) use of chimineas, fire pits, and outdoor fireplaces; 
and (5) burning restrictions on air quality action days.

II. Summary of SIP Revision and EPA Analysis

    In the June 25, 2015 SIP submittal, Pennsylvania included revisions 
to Article XXI, sections 2101.20 and 2105.50 with a state effective 
date of January 1, 2015. The revision to section 2101.20 (Definitions) 
under Article XXI amends the definition of ``open burning'' to 
additionally include any fire or combustion that occurs in a chiminea, 
fire pit, outdoor fireplace or grill. The revisions to section 2105.50 
(Open Burning) under Article XXI consist of the following: (1) Limit 
any open burning to clean wood, propane, or natural gas, and 
establishes specific exceptions to the limits; (2) limit the volume of 
clean wood being burned and limiting the distance permitted between 
open burning locations and inhabited areas; (3) establish the 
exceptions to burning clean wood for chimineas, fire pits, outdoor 
fireplaces and grills. These exceptions pertain to the use of charcoal, 
propane, or natural gas when pertaining to cooking, the use of 
commercially available fire logs, paraffin logs and wood pellets, and 
the use of paper or commercial smokeless fire starters to start an 
allowed fire; (4) prohibit wood burning activities on air quality 
action days, with the exception of commercial food preparation; (5) 
allow ACHD to prohibit or reduce open burning based on severity, 
duration, topography, and meteorological conditions; (6) restrict open 
burning activities on air quality action days, with the exception of 
conducting such burning for the commercial preparation of food; and (7) 
make the necessary

[[Page 37317]]

administrative word changes and paragraph renumbering in order to 
clarify and codify various regulatory and existing policies.
    These SIP revisions further address emissions from open burning, 
which should reduce PM2.5 pollution and assist Pennsylvania 
with the 2015 PM2.5 NAAQS. These revised regulations limit 
the times and fuel types permitted for open burning which should reduce 
pollutants emitted during open burning including PM2.5. The 
revised provisions are expected to reduce PM2.5 emissions 
throughout Allegheny County. EPA finds that the submittal strengthens 
the Commonwealth of Pennsylvania SIP and is in accordance with section 
110 of the CAA. Therefore, approving these regulation revisions will 
not interfere with attainment of the NAAQS, rate of progress, 
reasonable further progress, or any other applicable requirement of the 
CAA. For additional analysis, see EPA's Technical Support Document 
available in the docket for this rulemaking and online at 
www.regulations.gov.

III. Final Action

    EPA is approving the Pennsylvania June 2015 SIP submittal which 
contained revised provisions of ACHD's Article XXI (Air Pollution 
Control), section 2101.20, ``Definitions,'' and section 2105.50, ``Open 
Burning'' as the revisions meet requirements in CAA section 110. 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 November 8, 2017 without further notice unless EPA 
receives adverse comment by September 11, 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 by reference of section 
2101.20 and section 2105.50 under Article XXI (Air Pollution Control). 
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 
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 November 8, 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

[[Page 37318]]

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, 
which approves revisions to section 2101.20 and section 2105.50 under 
Article XXI (Air Pollution Control), 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, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: July 24, 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:
0
a. Adding an entry for ``2101.20'' in numerical order under ``Part A--
General''.
0
b. Revising the entry for ``2105.50''.
    The addition and revision read as follows:


Sec.  52.2020  Identification of plan.

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

 
----------------------------------------------------------------------------------------------------------------
Article XX or XXI                                      State                             Additional explanation/
     citation              Title/subject          effective date   EPA  approval date    Sec.   52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                                 Part A--General
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2101.20..........  Definitions..................        01/01/15  8/10/17, [insert      Revised existing
                                                                   Federal Register      definition of ``Open
                                                                   citation].            burning.'' All
                                                                                         remaining definitions
                                                                                         are unchanged as
                                                                                         approved on June 24,
                                                                                         2015 (80 FR 36239).
 
                                                  * * * * * * *
                              Subpart 5--Open Burning and Abrasive Blasting Sources
----------------------------------------------------------------------------------------------------------------
2105.50..........  Open Burning.................        01/01/15  8/10/17, [insert      Adding 2105.50(a)(1)
                                                                   Federal Register      subparagraphs A through
                                                                   citation].            C.
                                                                                        Revising 2105.50(a)(3)
                                                                                         and recodifying as
                                                                                         2105.50(a)(5)
                                                                                        Adding 2105.50(a)(4)
                                                                                        Revising 2105.50(e) to
                                                                                         replace ``Enforcement''
                                                                                         with ``Coal Refuse
                                                                                         Piles''
                                                                                        Revising 2105.50(f) to
                                                                                         replace ``Permits''
                                                                                         with ``Enforcement''
                                                                                         and recodifying
                                                                                         ``Permits'' as
                                                                                         2105.50(d)
                                                                                        Revising 2105.50(d) by
                                                                                         removing previous
                                                                                         language in
                                                                                         2105.50(d)(1)(E) and
                                                                                         recodifying to replace
                                                                                         with language in
                                                                                         2105.50(d)(1)(F).
                                                                                         Recodifying
                                                                                         2105.50(d)(1)(F) to
                                                                                         replace with language
                                                                                         in 2105.50(d)(1)(G).
                                                                                         Removing
                                                                                         2105.50(d)(1)(G).
                                                                                        Adding 2105.50(d)(6)
                                                                                        Prior Approval--6/24/
                                                                                         2015, 80 FR 36239
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-16806 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                37316            Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations

                                                                                            EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
                                                                                                        State               EPA             Federal Register
                                                                  Provision                            effective          approval                                              Explanation
                                                                                                                                                 notice
                                                                                                         date               date


                                                         *                    *                          *                       *                        *                 *                   *
                                                110(a)(1) and (2) Infrastructure Require-               1/22/2013           8/10/2017     [insert Federal Reg-    Addressing section 110(a)(2)(B) con-
                                                  ments for the 2010 1-hour NO2 NAAQS                                                        ister citation].       cerning ambient air quality monitoring
                                                  (Element B only).                                                                                                 and data system only.



                                                [FR Doc. 2017–16809 Filed 8–9–17; 8:45 am]              cannot be edited or removed from                      order to more effectively address
                                                BILLING CODE 6560–50–P                                  Regulations.gov. For either manner of                 emissions due to the numerous
                                                                                                        submission, EPA may publish any                       pollutants, including air toxics, found in
                                                                                                        comment received to its public docket.                wood smoke. The revised ACHD
                                                ENVIRONMENTAL PROTECTION                                Do not submit electronically any                      regulations, effective January 1, 2015,
                                                AGENCY                                                  information you consider to be                        specify the following details related to
                                                                                                        confidential business information (CBI)               various aspects of open burning: (1)
                                                40 CFR Part 52                                          or other information whose disclosure is              Materials that may be burned; (2) the
                                                [EPA–R03–OAR–2017–0204; FRL–9965–75–                    restricted by statute. Multimedia                     size of burn piles; (3) setback
                                                Region 3]                                               submissions (audio, video, etc.) must be              requirements; (4) use of chimineas, fire
                                                                                                        accompanied by a written comment.                     pits, and outdoor fireplaces; and (5)
                                                Approval and Promulgation of Air                        The written comment is considered the                 burning restrictions on air quality action
                                                Quality Implementation Plans;                           official comment and should include                   days.
                                                Pennsylvania; Revision to Allegheny                     discussion of all points you wish to
                                                County Regulations for Open Burning                     make. EPA will generally not consider                 II. Summary of SIP Revision and EPA
                                                                                                        comments or comment contents located                  Analysis
                                                AGENCY: Environmental Protection
                                                                                                        outside of the primary submission (i.e.                  In the June 25, 2015 SIP submittal,
                                                Agency (EPA).
                                                                                                        on the Web, cloud, or other file sharing              Pennsylvania included revisions to
                                                ACTION: Direct final rule.                              system). For additional submission                    Article XXI, sections 2101.20 and
                                                SUMMARY:   The Environmental Protection                 methods, please contact the person                    2105.50 with a state effective date of
                                                Agency (EPA) is taking direct final                     identified in the FOR FURTHER                         January 1, 2015. The revision to section
                                                                                                        INFORMATION CONTACT section. For the                  2101.20 (Definitions) under Article XXI
                                                action to approve revisions to the
                                                Commonwealth of Pennsylvania state                      full EPA public comment policy,                       amends the definition of ‘‘open
                                                implementation plan (SIP). The                          information about CBI or multimedia                   burning’’ to additionally include any
                                                revisions update Allegheny County’s                     submissions, and general guidance on                  fire or combustion that occurs in a
                                                portion of the Pennsylvania SIP, which                  making effective comments, please visit               chiminea, fire pit, outdoor fireplace or
                                                includes regulations concerning open                    http://www2.epa.gov/dockets/                          grill. The revisions to section 2105.50
                                                burning. Pennsylvania submitted                         commenting-epa-dockets.                               (Open Burning) under Article XXI
                                                updated regulations, on behalf of                       FOR FURTHER INFORMATION CONTACT:                      consist of the following: (1) Limit any
                                                Allegheny County, which clarify and                     Gregory A. Becoat, (215) 814–2036, or                 open burning to clean wood, propane,
                                                codify existing regulations in order to                 by email at becoat.gregory@epa.gov.                   or natural gas, and establishes specific
                                                more effectively address emissions from                 SUPPLEMENTARY INFORMATION:                            exceptions to the limits; (2) limit the
                                                open burning and protect public health.                                                                       volume of clean wood being burned and
                                                                                                        I. Background                                         limiting the distance permitted between
                                                EPA is approving the SIP submittal of
                                                Allegheny County’s regulations for open                    On June 25, 2015, the Commonwealth                 open burning locations and inhabited
                                                burning in accordance with the                          of Pennsylvania through the                           areas; (3) establish the exceptions to
                                                requirements of the Clean Air Act                       Pennsylvania Department of                            burning clean wood for chimineas, fire
                                                (CAA).                                                  Environmental Protection submitted a                  pits, outdoor fireplaces and grills. These
                                                                                                        formal revision to the Pennsylvania SIP.              exceptions pertain to the use of
                                                DATES:  This rule is effective on                       The SIP revision consists of amended                  charcoal, propane, or natural gas when
                                                November 8, 2017 without further                        versions of Allegheny County Health                   pertaining to cooking, the use of
                                                notice, unless EPA receives adverse                     Department’s (ACHD) regulations under                 commercially available fire logs,
                                                written comment by September 11,                        Article XXI (Air Pollution Control),                  paraffin logs and wood pellets, and the
                                                2017. If EPA receives such comments, it                 section 2101.20, ‘‘Definitions,’’ and                 use of paper or commercial smokeless
                                                will publish a timely withdrawal of the                 section 2105.50, ‘‘Open Burning.’’                    fire starters to start an allowed fire; (4)
                                                direct final rule in the Federal Register               Allegheny County does not currently                   prohibit wood burning activities on air
                                                and inform the public that the rule will                meet the federal air quality standards for            quality action days, with the exception
                                                not take effect.                                        fine particulate matter under 2.5                     of commercial food preparation; (5)
                                                ADDRESSES: Submit your comments,                        microns in size (PM2.5), including the                allow ACHD to prohibit or reduce open
mstockstill on DSK30JT082PROD with RULES




                                                identified by Docket ID No. EPA–R03–                    2015 PM2.5 national ambient air quality               burning based on severity, duration,
                                                OAR–2017–0204 at https://                               standard (NAAQS), as measured                         topography, and meteorological
                                                www.regulations.gov, or via email to                    annually. Wood smoke contains air                     conditions; (6) restrict open burning
                                                stahl.cynthia@epa.gov. For comments                     toxics and contributes to high levels of              activities on air quality action days,
                                                submitted at Regulations.gov, follow the                PM2.5 in Allegheny County. The revised                with the exception of conducting such
                                                online instructions for submitting                      regulations clarify and codify existing               burning for the commercial preparation
                                                comments. Once submitted, comments                      regulations regarding open burning in                 of food; and (7) make the necessary


                                           VerDate Sep<11>2014   16:09 Aug 09, 2017   Jkt 241001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\10AUR1.SGM   10AUR1


                                                                 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations                                          37317

                                                administrative word changes and                         IV. Incorporation by Reference                            • Does not have federalism
                                                paragraph renumbering in order to                         In this rule, EPA is finalizing                      implications as specified in Executive
                                                clarify and codify various regulatory                   regulatory text that includes                          Order 13132 (64 FR 43255, August 10,
                                                and existing policies.                                  incorporation by reference. In                         1999);
                                                                                                                                                                  • Is not an economically significant
                                                   These SIP revisions further address                  accordance with requirements of 1 CFR
                                                                                                                                                               regulatory action based on health or
                                                emissions from open burning, which                      51.5, EPA is finalizing the incorporation
                                                                                                                                                               safety risks subject to Executive Order
                                                should reduce PM2.5 pollution and assist                by reference of section 2101.20 and
                                                                                                                                                               13045 (62 FR 19885, April 23, 1997);
                                                Pennsylvania with the 2015 PM2.5                        section 2105.50 under Article XXI (Air                    • Is not a significant regulatory action
                                                NAAQS. These revised regulations limit                  Pollution Control). Therefore, these                   subject to Executive Order 13211 (66 FR
                                                the times and fuel types permitted for                  materials have been approved by EPA                    28355, May 22, 2001);
                                                open burning which should reduce                        for inclusion in the SIP, have been                       • Is not subject to requirements of
                                                pollutants emitted during open burning                  incorporated by reference by EPA into                  section 12(d) of the National
                                                including PM2.5. The revised provisions                 that plan, are fully federally enforceable             Technology Transfer and Advancement
                                                are expected to reduce PM2.5 emissions                  under sections 110 and 113 of the CAA                  Act of 1995 (15 U.S.C. 272 note) because
                                                throughout Allegheny County. EPA                        as of the effective date of the final                  application of those requirements would
                                                finds that the submittal strengthens the                rulemaking of EPA’s approval, and will                 be inconsistent with the CAA; and
                                                Commonwealth of Pennsylvania SIP                        be incorporated by reference by the                       • Does not provide EPA with the
                                                and is in accordance with section 110 of                Director of the Federal Register in the                discretionary authority to address, as
                                                the CAA. Therefore, approving these                     next update of the SIP compilation.1                   appropriate, disproportionate human
                                                regulation revisions will not interfere                 EPA has made, and will continue to                     health or environmental effects, using
                                                with attainment of the NAAQS, rate of                   make, these materials generally                        practicable and legally permissible
                                                                                                        available through www.regulations.gov                  methods, under Executive Order 12898
                                                progress, reasonable further progress, or
                                                                                                        and/or at the EPA Region III Office                    (59 FR 7629, February 16, 1994).
                                                any other applicable requirement of the
                                                                                                        (please contact the person identified in                  In addition, this rule does not have
                                                CAA. For additional analysis, see EPA’s
                                                                                                        the FOR FURTHER INFORMATION CONTACT                    tribal implications as specified by
                                                Technical Support Document available                    section of this preamble for more
                                                in the docket for this rulemaking and                                                                          Executive Order 13175 (65 FR 67249,
                                                                                                        information).                                          November 9, 2000), because the SIP is
                                                online at www.regulations.gov.
                                                                                                        V. Statutory and Executive Order                       not approved to apply in Indian country
                                                III. Final Action                                       Reviews                                                located in the state, and EPA notes that
                                                                                                                                                               it will not impose substantial direct
                                                   EPA is approving the Pennsylvania                    A. General Requirements                                costs on tribal governments or preempt
                                                June 2015 SIP submittal which                                                                                  tribal law.
                                                                                                           Under the CAA, the Administrator is
                                                contained revised provisions of ACHD’s
                                                                                                        required to approve a SIP submission                   B. Submission to Congress and the
                                                Article XXI (Air Pollution Control),                    that complies with the provisions of the
                                                section 2101.20, ‘‘Definitions,’’ and                                                                          Comptroller General
                                                                                                        CAA and applicable federal regulations.
                                                section 2105.50, ‘‘Open Burning’’ as the                                                                          The Congressional Review Act, 5
                                                                                                        42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                revisions meet requirements in CAA                                                                             U.S.C. 801 et seq., as added by the Small
                                                                                                        Thus, in reviewing SIP submissions,
                                                section 110. EPA is publishing this rule                                                                       Business Regulatory Enforcement
                                                                                                        EPA’s role is to approve state choices,
                                                without prior proposal because EPA                                                                             Fairness Act of 1996, generally provides
                                                                                                        provided that they meet the criteria of
                                                views this as a noncontroversial                                                                               that before a rule may take effect, the
                                                                                                        the CAA. Accordingly, this action
                                                amendment and anticipates no adverse                                                                           agency promulgating the rule must
                                                                                                        merely approves state law as meeting
                                                comment. However, in the ‘‘Proposed                                                                            submit a rule report, which includes a
                                                                                                        federal requirements and does not
                                                Rules’’ section of today’s Federal                                                                             copy of the rule, to each House of the
                                                                                                        impose additional requirements beyond
                                                Register, EPA is publishing a separate                                                                         Congress and to the Comptroller General
                                                                                                        those imposed by state law. For that
                                                document that will serve as the proposal                                                                       of the United States. EPA will submit a
                                                                                                        reason, this action:
                                                                                                                                                               report containing this action and other
                                                to approve the SIP revision if adverse                     • Is not a ‘‘significant regulatory                 required information to the U.S. Senate,
                                                comments are filed. This rule will be                   action’’ subject to review by the Office
                                                effective on November 8, 2017 without                                                                          the U.S. House of Representatives, and
                                                                                                        of Management and Budget under                         the Comptroller General of the United
                                                further notice unless EPA receives                      Executive Orders 12866 (58 FR 51735,                   States prior to publication of the rule in
                                                adverse comment by September 11,                        October 4, 1993) and 13563 (76 FR 3821,                the Federal Register. A major rule
                                                2017. If EPA receives adverse comment,                  January 21, 2011);                                     cannot take effect until 60 days after it
                                                EPA will publish a timely withdrawal in                    • Does not impose an information                    is published in the Federal Register.
                                                the Federal Register informing the                      collection burden under the provisions                 This action is not a ‘‘major rule’’ as
                                                public that the rule will not take effect.              of the Paperwork Reduction Act (44                     defined by 5 U.S.C. 804(2).
                                                EPA will address all public comments                    U.S.C. 3501 et seq.);
                                                in a subsequent final rule based on the                    • Is certified as not having a                      C. Petitions for Judicial Review
                                                proposed rule. EPA will not institute a                 significant economic impact on a                          Under section 307(b)(1) of the CAA,
                                                second comment period on this action.                   substantial number of small entities                   petitions for judicial review of this
                                                Any parties interested in commenting                    under the Regulatory Flexibility Act (5                action must be filed in the United States
                                                must do so at this time. Please note that               U.S.C. 601 et seq.);                                   Court of Appeals for the appropriate
                                                                                                           • Does not contain any unfunded
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                                                if EPA receives adverse comment on an                                                                          circuit by November 8, 2017. Filing a
                                                amendment, paragraph, or section of                     mandate or significantly or uniquely                   petition for reconsideration by the
                                                this rule and if that provision may be                  affect small governments, as described                 Administrator of this final rule does not
                                                severed from the remainder of the rule,                 in the Unfunded Mandates Reform Act                    affect the finality of this action for the
                                                EPA may adopt as final those provisions                 of 1995 (Pub. L. 104–4);                               purposes of judicial review nor does it
                                                of the rule that are not the subject of an                                                                     extend the time within which a petition
                                                adverse comment.                                          1 62   FR 27968 (May 22, 1997).                      for judicial review may be filed, and


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                                                37318              Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations

                                                shall not postpone the effectiveness of                       List of Subjects in 40 CFR Part 52                        Subpart NN—Pennsylvania
                                                such rule or action. Parties with
                                                objections to this direct final rule are                        Environmental protection, Air
                                                                                                              pollution control, Incorporation by                       ■ 2. In § 52.2020, the table in paragraph
                                                encouraged to file a comment in                                                                                         (c)(2) is amended by:
                                                response to the parallel notice of                            reference, Particulate matter, Reporting
                                                                                                              and recordkeeping requirements.                           ■ a. Adding an entry for ‘‘2101.20’’ in
                                                proposed rulemaking for this action
                                                published in the proposed rules section                         Dated: July 24, 2017.                                   numerical order under ‘‘Part A—
                                                of today’s Federal Register, rather than                      Cecil Rodrigues,                                          General’’.
                                                file an immediate petition for judicial                       Acting Regional Administrator, Region III.                ■ b. Revising the entry for ‘‘2105.50’’.
                                                review of this direct final rule, so that                                                                                  The addition and revision read as
                                                EPA can withdraw this direct final rule                           40 CFR part 52 is amended as follows:
                                                                                                                                                                        follows:
                                                and address the comment in the
                                                proposed rulemaking action. This                              PART 52–APPROVAL AND
                                                                                                                                                                        § 52.2020   Identification of plan.
                                                action, which approves revisions to                           PROMULGATION OF
                                                                                                              IMPLEMENTATION PLANS                                      *       *    *        *   *
                                                section 2101.20 and section 2105.50
                                                under Article XXI (Air Pollution                                                                                            (c) * * *
                                                Control), may not be challenged later in                      ■ 1. The authority citation for part 52                       (2) * * *
                                                proceedings to enforce its requirements.                      continues to read as follows:
                                                (See section 307(b)(2).)                                          Authority: 42 U.S.C. 7401 et seq.



                                                 Article XX                                        State                    EPA                                        Additional explanation/
                                                  or XXI            Title/subject              effective date           approval date                                    § 52.2063 citation
                                                  citation

                                                                                                                                   Part A—General


                                                        *                            *                            *                        *                   *                     *                     *
                                                2101.20 ..     Definitions ..............            01/01/15         8/10/17, [insert      Revised existing definition of ‘‘Open burning.’’ All remaining definitions
                                                                                                                        Federal Reg-          are unchanged as approved on June 24, 2015 (80 FR 36239).
                                                                                                                        ister citation].

                                                           *                         *                       *                *                 *                                         *                   *
                                                                                                     Subpart 5—Open Burning and Abrasive Blasting Sources

                                                2105.50 ..     Open Burning ........                 01/01/15         8/10/17, [insert        Adding 2105.50(a)(1) subparagraphs A through C.
                                                                                                                        Federal Reg-          Revising 2105.50(a)(3) and recodifying as 2105.50(a)(5)
                                                                                                                        ister citation].
                                                                                                                                              Adding 2105.50(a)(4)
                                                                                                                                              Revising 2105.50(e) to replace ‘‘Enforcement’’ with ‘‘Coal Refuse Piles’’
                                                                                                                                              Revising 2105.50(f) to replace ‘‘Permits’’ with ‘‘Enforcement’’ and recodi-
                                                                                                                                                fying ‘‘Permits’’ as 2105.50(d)
                                                                                                                                              Revising 2105.50(d) by removing previous language in 2105.50(d)(1)(E)
                                                                                                                                                and recodifying to replace with language in 2105.50(d)(1)(F). Recodi-
                                                                                                                                                fying 2105.50(d)(1)(F) to replace with language in 2105.50(d)(1)(G).
                                                                                                                                                Removing 2105.50(d)(1)(G).
                                                                                                                                              Adding 2105.50(d)(6)
                                                                                                                                              Prior Approval—6/24/2015, 80 FR 36239

                                                           *                         *                            *                        *                       *                      *                   *



                                                *      *       *       *       *                              ENVIRONMENTAL PROTECTION                                  SUMMARY:   The Environmental Protection
                                                [FR Doc. 2017–16806 Filed 8–9–17; 8:45 am]                    AGENCY                                                    Agency (EPA) is announcing that it is
                                                BILLING CODE 6560–50–P                                                                                                  withdrawing the 1-year extension of the
                                                                                                              40 CFR Part 81                                            deadline for promulgating initial area
                                                                                                                                                                        designations for the ozone national
                                                                                                              [EPA–HQ–OAR–2017–0223; FRL–9965–97–                       ambient air quality standards (NAAQS)
                                                                                                              OAR]                                                      that were promulgated in October 2015.
                                                                                                                                                                        Thus, unless and until the
                                                                                                              Withdrawal of Extension of Deadline                       Administrator takes additional final
                                                                                                              for Promulgating Designations for the                     action, the 2-year deadline for
                                                                                                              2015 Ozone National Ambient Air                           promulgating designations provided in
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                                                                                                              Quality Standards                                         the Clean Air Act (CAA) applies.
                                                                                                              AGENCY: Environmental Protection                          DATES: The deadline for the EPA to
                                                                                                              Agency (EPA).                                             promulgate initial designations for the
                                                                                                                                                                        2015 ozone NAAQS is October 1, 2017.
                                                                                                              ACTION:Withdrawal of extension of
                                                                                                                                                                        FOR FURTHER INFORMATION CONTACT: For
                                                                                                              deadline for promulgating designations.
                                                                                                                                                                        questions regarding this action, contact


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Document Created: 2017-08-10 01:01:37
Document Modified: 2017-08-10 01:01:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on November 8, 2017 without further notice, unless EPA receives adverse written comment by September 11, 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.
ContactGregory A. Becoat, (215) 814-2036, or by email at [email protected]
FR Citation82 FR 37316 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements

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