[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Rules and Regulations]
[Pages 7825-7827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03849]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R03-OAR-2018-0304; FRL-9990-12-Region 3]


Commonwealth of Pennsylvania; Allegheny County Health Department, 
Withdrawal of Section 112(l) Delegation Authority for the Chemical 
Accident Prevention Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is notifying the 
public that the Allegheny County Health Department (ACHD) has completed 
the regulatory process for voluntary withdrawal from EPA's delegation 
of authority to enforce the chemical accident prevention regulations 
under the Clean Air Act (CAA). The EPA is therefore amending the Code 
of Federal Regulations (CFR) to indicate that ACHD no longer has the 
delegated authority to implement and enforce the regulatory 
requirements. EPA is also notifying the public that each facility 
subject to the previously approved ACHD delegated chemical accident 
prevention program is required to maintain continuous compliance with 
applicable requirements. This action is being taken under the CAA.

DATES: This final rule is effective on April 4, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0304. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 112(l) of the Clean Air Act (CAA) and 40 CFR part 63, 
subpart E, authorizes EPA to approve of State, and local, rules and 
programs to be implemented and enforced in place of certain CAA 
requirements, including the chemical accident prevention provisions set 
forth at 40 CFR part 68 (Chemical Accident Prevention Regulations). EPA 
promulgated the Chemical Accident Prevention Regulations (or risk 
management program (RMP) regulations) (RMP regulations) pursuant to CAA 
Section 112(r)(7). By letter dated June 15, 2001, ACHD requested 
delegation of authority to implement and enforce the RMP regulations 
for all sources, among other requests for delegation of other programs. 
On January 30, 2002, EPA issued a direct final rule, which became 
effective on April 1, 2002, approving ACHD's request for delegation of 
authority to implement and enforce EPA's RMP regulations, which had 
been adopted by reference from 40 CFR part 68, for all sources within 
Allegheny County, Pennsylvania, subject to such regulations. See 67 FR 
4363 (January 30, 2002).
    By letter dated July 28, 2017, ACHD formally notified EPA of its 
intent to voluntarily withdraw from EPA's delegation of authority to 
enforce the RMP regulations. On June 22, 2018 (83 FR 29085), EPA 
published a notice of proposed rulemaking (NPRM) for the Commonwealth 
of Pennsylvania. In the NPRM, EPA notified the public that ACHD had 
completed the regulatory process for voluntary withdrawal from EPA's 
delegation of authority to implement and enforce the RMP provisions of 
CAA section 112(r) and proposed a revision to 40 CFR 63.99(a)(39)(v), 
codifying the

[[Page 7826]]

withdrawal of EPA's delegation of authority.
    The procedures for a State, or local authority, to voluntarily 
withdraw from a CAA approved rule, program or portion of a rule or 
program are set forth at 40 CFR 63.96(b)(7). In summary, these 
regulations and relevant EPA guidance provide that a State, or local 
authority, may voluntarily withdraw from an approved delegated program 
by notifying EPA and all affected sources of its intent to withdraw and 
the specific requirements subject to such withdrawal. Any such 
withdrawal is not effective sooner than 180 days after such 
notification to EPA. The State, or local authority, must also provide 
notice and opportunity for comment to the public. To the extent that 
any source that is affected by the withdrawal is also subject to a CAA 
operating permit issued pursuant to 40 CFR part 70, the State, or local 
authority, must reopen and revise such permit to the extent necessary.

II. Summary of Withdrawal Process and EPA Analysis

    By letter dated July 28, 2017, ACHD notified EPA Region III of its 
intent to voluntarily withdraw from EPA's delegation of authority to 
enforce the RMP regulations. By letter dated November 9, 2017, ACHD 
notified EPA Region III that ACHD announced a public comment period to 
take comment on ACHD's voluntary withdrawal from EPA's delegation of 
authority to enforce the RMP regulations. The public comment period 
extended from November 10, 2017 to December 10, 2017. During this 
public comment period, ACHD did not receive any comments in response to 
the public comment notification. ACHD provided all applicable 
facilities with written notice that ACHD is voluntarily withdrawing 
from EPA's delegation of authority to enforce the RMP regulations set 
forth at 40 CFR part 68.
    Pursuant to 40 CFR 63.96(b)(7), ACHD has determined which 
facilities, located in Allegheny County, are subject to the RMP 
regulations and have effective CAA Title V operating permits in 
accordance with 40 CFR part 70. As of June 22, 2018, sixteen (16) 
facilities within Allegheny County had submitted risk management plans 
to EPA and ACHD had issued Title V operating permits to twenty-eight 
(28) currently operating facilities. ACHD Title V operating permits 
incorporate the RMP regulations, set forth at 40 CFR part 68, by 
reference. Therefore, each facility, located in Allegheny County, 
Pennsylvania, that is subject to the RMP regulations and has an 
effective Title V operating permit has been issued a Title V permit 
which includes the proper citation to any applicable RMP regulation.
    Upon a State's or local authority's voluntary withdrawal of a 
delegated program, in accordance with 40 CFR 63.96(b)(7), EPA is 
required to publish a time for sources subject to the previously 
approved State, or local, rule or program to come into compliance with 
applicable Federal requirements. Because, as part of its previously 
approved delegated program, ACHD incorporated the RMP regulations by 
reference, there is no distinction between ACHD's previously approved 
delegated program for implementing the requirements set forth at 40 CFR 
part 68 and the applicable Federal requirements set forth at 40 CFR 
part 68. Furthermore, EPA's delegation of authority to implement the 
requirements set forth at 40 CFR part 68 to ACHD stated in relevant 
part: ``Although ACHD has primary authority and responsibility to 
implement and enforce the . . . chemical accident prevention 
provisions, nothing shall preclude, limit, or interfere with the 
authority of EPA to exercise its enforcement, investigatory, and 
information gathering authorities concerning this part of the Act.'' 
See 67 FR 4366 (January 30, 2002); see also 40 CFR 63.96(b)(7)(iii). 
Therefore, all facilities located in Allegheny County, Pennsylvania, 
subject to any requirement set forth at 40 CFR part 68 are required to 
maintain continuous compliance with such requirement.
    This action does not affect AHCD's responsibilities under Title V 
of the Clean Air Act. AHCD must continue to ensure compliance with 
Title V applicable requirements, including chemical accident prevention 
requirements. See 40 CFR 70.2, 68.215; 58 FR 29310. In addition, 
nothing in this action changes any source's obligation to comply with 
State or local laws. Affected sources may be subject to duplicative 
requirements, including duplicative reporting requirements to EPA and 
AHCD. This may include reporting to EPA under part 68, to the Title V 
permitting authority under 40 CFR 68.215, and to ACHD under their own 
rules. EPA received one set of comments in response to the June 22, 
2018 NPRM. The comments did not concern any of the specific issues 
raised in the NPRM, nor did they address EPA's rationale for the 
proposed approval of ACHD's request. Therefore, EPA is not responding 
to those comments.

III. Final Action

    EPA's review of this material indicates that ACHD has completed the 
regulatorily mandated process, set forth at 40 CFR 63.96(b)(7), for 
voluntary withdrawal from EPA's delegation of authority to enforce the 
Chemical Accident Prevention regulations set forth at 40 CFR part 68. 
EPA is revising 40 CFR 63.99(a)(39)(v) to indicate ACHD's withdrawal 
from EPA's delegation of authority to enforce the chemical accident 
prevention provisions set forth at 40 CFR part 68.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This action notifies the public that ACHD has completed the process 
for voluntary withdrawal from EPA's delegation of authority to enforce 
the chemical accident prevention provisions set forth at 40 CFR part 
68, and the action updates 40 CFR 63.99(a)(39)(v) to indicate the 
withdrawal. The action does not impose additional requirements beyond 
those imposed by State and Federal 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);
     Is not an Executive Order 13771 regulatory action because 
this action is not significant under Executive Order 12866;
     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

[[Page 7827]]

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 May 6, 2019. 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. This action pertaining to ACHD's voluntary withdrawal from 
EPA's delegation of authority to enforce the chemical accident 
prevention regulations under the Clean Air Act (CAA) may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2)).

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 14, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 63 is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Section 63.99 is amended by revising paragraph (a)(39)(v) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (39) * * *
    (v) Allegheny County is not delegated the authority to implement 
and enforce the provisions of 40 CFR part 68 and all future unchanged 
amendments to 40 CFR part 68 at sources within Allegheny County, in 
accordance with the final rule, dated March 5, 2019, effective April 4, 
2019.
* * * * *
[FR Doc. 2019-03849 Filed 3-4-19; 8:45 am]
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