[Federal Register Volume 61, Number 205 (Tuesday, October 22, 1996)]
[Rules and Regulations]
[Pages 54736-54737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27001]
[[Page 54736]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA097-4030; FRL-5635-4]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revised Visible Emissions Rules for Allegheny County
Pertaining to Blast Furnace Slips
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Pursuant to Agency procedures for approving minor State
Implementation Plan (SIP) revisions, this action identifies a plan
revision submitted by Pennsylvania on behalf of Allegheny County which
EPA approved and incorporates the relevant material into the Code of
Federal Regulations. This revision deletes the exemption of blast
furnace slips from Allegheny County's visible emissions regulations.
This action lists the SIP revision that EPA has approved and
incorporates the relevant material into the code of Federal
Regulations. This action is being taken under section 110 of the Clean
Air Act.
EFFECTIVE DATE: This action is effective October 22, 1996.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW, Washington, DC 20460; and the
Allegheny County Health Department, Bureau of Air Pollution Control,
301 39th Street, Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 566-2108 or
by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: EPA has approved the following minor SIP
request under section 110(a) of the Clean Air Act (CAA):
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State Pollutant Subject matter Source Submittal date Approval date
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Allegheny County................... PM10.................. Blast furnace slips USX Corporation; September 25, 1989... December 27, 1989.
(Article XX, Sections Shenango Steel
401.B.1 and 518). Corporation.
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EPA has determined that this SIP revision complies with all
applicable requirements of the Clean Air Act and EPA requirements
concerning such revisions. Due to the minor nature of this revision,
EPA concluded that conducting notice-and-comment rulemaking prior to
approving the revisions would have been ``unnecessary and contrary to
the public interest,'' and hence, was not required by the
Administrative Procedures Act, 5 U.S.C. 553(b). Each of these SIP
approvals became final and effective on the date of EPA approval as
listed in the chart above.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under Section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action proposed/promulgated
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
[[Page 54737]]
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) added by the Small Business Regulatory
Enforcement Fairness Act of 1996, EPA submitted a report containing
this rule and other required information to the U.S. Senate, the U.S.
House of Representatives and the Comptroller General of the General
Accounting Office prior to publication of the rule in today's Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 23, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
pertaining to EPA's approval of Allegheny County's provisions for blast
furnace slips does not affect the finality of this rule 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 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, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: October 2, 1996.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart NN--Pennsylvania
2. Section 52.2020 is amended by adding paragraph (c)(100) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(100) Revisions to Article XX (Air Pollution Control) of the
Allegheny County Health Department Rules and Regulations submitted on
September 25, 1989 by the Pennsylvania Department of Environmental
Resources:
(i) Incorporation by Reference
(A) Letter of September 25, 1989 from the Pennsylvania Department
of Environmental Resources transmitting revisions to Article XX (Air
Pollution Control) of the Allegheny County Health Department Rules and
Regulations governing visible emissions.
(B) Revision to Article XX, Section 401.B (Visible Emissions-
Exclusion) and deletion of Article XX, Section 518 (Blast Furnace
Slips), effective July 1, 1989.
(ii) Additional Material
(A) Remainder of September 25, 1989 State submittal pertaining to
Article XX, Sections 401 and 518.
[FR Doc. 96-27001 Filed 10-21-96; 8:45 am]
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