[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24860-24862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10921]


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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.

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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).
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    \1\ 62 FR 27968 (May 22, 1997).
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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]]



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                                                          State                          Additional explanation/
   Article XX or XXI citation       Title/subject    effective date   EPA approval date  Sec.   52.2063 citation
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                                                 Part A--General
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                                                  * * * * * * *
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''.
 
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[FR Doc. 2017-10921 Filed 5-30-17; 8:45 am]
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