[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37316-37318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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 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).
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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 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) * * *

 
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Article XX or XXI                                      State                             Additional explanation/
     citation              Title/subject          effective date   EPA  approval date    Sec.   52.2063 citation
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                                                 Part A--General
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                                                  * * * * * * *
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
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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
 
                                                  * * * * * * *
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[FR Doc. 2017-16806 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P