Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County Reasonably Available Control Technology Under the 8-Hour Ozone National Ambient Air Quality Standard, 34584-34586 [2013-13598]
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34584
Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
7. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
8. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
9. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
mstockstill on DSK4VPTVN1PROD with RULES
10. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
11. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
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12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
13. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0312 to read as
follows:
■
§ 165.T09–0312 Safety Zone; Rochester
Yacht Club Fireworks, Genesee River,
Rochester, NY.
(a) Location. This zone will
encompass all waters of the Genesee
River, Rochester, NY within a 560 foot
radius of position 43°15′36.6″ N and
77°36′00.6″ W (NAD 83).
(b) Effective and Enforcement Period.
This regulation is effective and will be
enforced on June 22, 2013 from 9:30
p.m. until 11:00 p.m.
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: May 23, 2013.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2013–13661 Filed 6–7–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0055; FRL–9820–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County
Reasonably Available Control
Technology Under the 8-Hour Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision for
the Commonwealth of Pennsylvania
submitted by Allegheny County Health
Department (ACHD). This SIP revision
consists of a demonstration that
Allegheny County’s portion of the
Pennsylvania requirements of
reasonably available control technology
(RACT) for nitrogen oxides (NOX) and
volatile organic compounds (VOCs)
satisfy the RACT requirements set forth
SUMMARY:
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Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
by the Clean Air Act (CAA). This SIP
revision demonstrates that all
requirements for RACT are met through:
Certification that previously adopted
RACT controls in Pennsylvania’s SIP
that were approved by EPA under the 1hour ozone national ambient air quality
standards (NAAQS) are based on the
currently available technically and
economically feasible controls, and that
they continue to represent RACT for the
8-hour ozone NAAQS; a negative
declaration demonstrating that no
facilities exist in Allegheny County for
certain control technology guideline
(CTG) categories; and a new RACT
determination for a specific source. This
action is being taken under the CAA.
DATES: This final rule is effective on July
10, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2013–0055. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., 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 either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Allegheny County
Health Department, Bureau of
Environmental Quality, Division of Air
Quality, 301 39th Street, Pittsburgh,
Pennsylvania 15201. Copies are also
available at Pennsylvania Department of
Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT:
´
Emlyn Velez-Rosa, (215) 814–2038, or
by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On February 26, 2013 (78 FR
13007), EPA published a notice of
proposed rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of Allegheny
County’s SIP revision addressing the
RACT requirements under the 8-hour
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16:02 Jun 07, 2013
Jkt 229001
ozone NAAQS. The formal SIP revision
was submitted by the Commonwealth of
Pennsylvania on May 5, 2009.
EPA requires for the 8-hour ozone
NAAQS that states meet the CAA RACT
requirements, either through a
certification that previously adopted
RACT controls in their SIP approved by
EPA under the 1-hour ozone NAAQS
represent adequate RACT control levels
for 8-hour ozone NAAQS attainment
purposes or through the establishment
of new or more stringent requirements
that represent RACT control levels. See
Final Rule To Implement the 8-Hour
Ozone National Ambient Air Quality
Standard—Phase 2; Final Rule To
Implement Certain Aspects of the 1990
Amendments Relating to New Source
Review and Prevention of Significant
Deterioration as They Apply in Carbon
Monoxide, Particulate Matter and
Ozone NAAQS; Final Rule for
Reformulated Gasoline (Phase 2 Rule),
(70 FR 71612, 71655, November 29,
2005).
II. Summary of the SIP Revision
On May 5, 2009, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted on behalf of ACHD
a SIP revision addressing the RACT
requirements for Allegheny County
under the 8-hour ozone NAAQS set
forth by the CAA. Allegheny County’s
SIP revision is consistent with the Phase
2 Rule and satisfies the requirements of
RACT set forth by the CAA under the 8hour ozone NAAQS through: (1)
Certification that previously adopted
RACT controls in Allegheny County’s
SIP, which were approved by EPA
under the 1-hour ozone NAAQS, are
based on the currently available
technically and economically feasible
controls and continue to represent
RACT for the 8-hour ozone NAAQS; (2)
a negative declaration demonstrating
that no facilities exist in Allegheny
County for the applicable CTG
categories; and (3) a new RACT
determination for a single source based
upon reliance on the Maximum
Achievable Control Technology (MACT)
standard as allowed in the Phase 2 Rule.
Additional details on the SIP revision as
well as the rationale for EPA’s proposed
action are included in the NPR and will
not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is approving Allegheny County’s
8-hour ozone RACT demonstration
submitted to EPA on May 5, 2009 as a
revision to the Allegheny County’s
portion of the Commonwealth of
Pennsylvania’s SIP.
PO 00000
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34585
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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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.
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Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations
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 August 9, 2013. 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, which
approves Allegheny County’s 8-hour
ozone RACT demonstration, 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Applicable geographic area
*
*
RACT under the 8-hour ozone
NAAQS.
*
Allegheny County ........................
*
*
*
*
*
[FR Doc. 2013–13598 Filed 6–7–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 130212129–3474–02]
RIN 0648–XC715
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Adjusted
Closure of the 2013 Gulf of Mexico
Recreational Sector for Red Snapper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
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AGENCY:
NMFS announces an adjusted
closure of the recreational sector for red
snapper in the exclusive economic zone
(EEZ) of the Gulf of Mexico (Gulf) for
the 2013 fishing season through this
temporary rule. On May 31, 2013, the
SUMMARY:
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State submittal
date
*
5/5/09
Frm 00042
Fmt 4700
Sfmt 4700
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding an entry for
RACT under the 8-hour ozone NAAQS
for Allegheny County at the end of the
table. The added text reads as follows:
■
*
Identification of plan.
*
*
(e) * * *
(1) * * *
EPA approval date
*
*
6/10/13 [Insert page number where the document
begins].
U.S. District Court for the southern
district of Texas, Brownsville Division,
set aside a March 25, 2013, emergency
rule that gave the NMFS Regional
Administrator the authority to close the
recreational sector for red snapper in the
EEZ off individual Gulf states.
Therefore, NMFS adjusts the closure of
the recreational sector for red snapper
by closing the entire Gulf EEZ on June
29, 2013, instead of closing the EEZ on
different days off individual Gulf states.
This Gulf-wide EEZ closure is based on
the Court decision and is necessary to
prevent the recreational sector from
exceeding its quota for the fishing year
and prevent overfishing of the Gulf red
snapper resource.
DATES: The closure is effective 12:01
a.m., local time, June 29, 2013, until
12:01 a.m., local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, telephone 727–824–
5305, email Susan.Gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
reef fish fishery, which includes red
snapper, is managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP).
The FMP was prepared by the Gulf of
Mexico Fishery Management Council
PO 00000
40 CFR part 52 is amended as follows:
§ 52.2020
Authority: 42 U.S.C. 7401 et seq.
Name of non-regulatory SIP
revision
Dated: May 16, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
*
*
Additional explanation
*
(Council) and is implemented under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
Background
On March 25, 2013, NMFS
implemented an emergency rule to
authorize the NMFS Regional
Administrator to set the closure date of
the red snapper recreational fishing
season in the exclusive economic zone
(EEZ) off individual states (78 FR
17882). This was intended to
compensate for the additional harvest of
red snapper by the recreational sector
during less restrictive state-water
seasons off certain states. On May 31,
2013, the U.S. District Court for the
southern district of Texas, Brownsville
Division, set aside this emergency rule.
Therefore, the closure of the recreational
sector for red snapper for the 2013
fishing year is adjusted so that the
Federal recreational red snapper season
is consistent across all Gulf states.
Taking into account the catches
expected later in 2013 during the
extended state-water seasons off Texas,
Louisiana, and Florida, and the
increased quota published in a final rule
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]]>Agencies
[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34584-34586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13598]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0055; FRL-9820-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Reasonably Available Control Technology
Under the 8-Hour Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
for the Commonwealth of Pennsylvania submitted by Allegheny County
Health Department (ACHD). This SIP revision consists of a demonstration
that Allegheny County's portion of the Pennsylvania requirements of
reasonably available control technology (RACT) for nitrogen oxides
(NOX) and volatile organic compounds (VOCs) satisfy the RACT
requirements set forth
[[Page 34585]]
by the Clean Air Act (CAA). This SIP revision demonstrates that all
requirements for RACT are met through: Certification that previously
adopted RACT controls in Pennsylvania's SIP that were approved by EPA
under the 1-hour ozone national ambient air quality standards (NAAQS)
are based on the currently available technically and economically
feasible controls, and that they continue to represent RACT for the 8-
hour ozone NAAQS; a negative declaration demonstrating that no
facilities exist in Allegheny County for certain control technology
guideline (CTG) categories; and a new RACT determination for a specific
source. This action is being taken under the CAA.
DATES: This final rule is effective on July 10, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0055. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Allegheny County Health Department,
Bureau of Environmental Quality, Division of Air Quality, 301 39th
Street, Pittsburgh, Pennsylvania 15201. Copies are also available at
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On February 26, 2013 (78 FR 13007), EPA published a
notice of proposed rulemaking (NPR) for the Commonwealth of
Pennsylvania. The NPR proposed approval of Allegheny County's SIP
revision addressing the RACT requirements under the 8-hour ozone NAAQS.
The formal SIP revision was submitted by the Commonwealth of
Pennsylvania on May 5, 2009.
EPA requires for the 8-hour ozone NAAQS that states meet the CAA
RACT requirements, either through a certification that previously
adopted RACT controls in their SIP approved by EPA under the 1-hour
ozone NAAQS represent adequate RACT control levels for 8-hour ozone
NAAQS attainment purposes or through the establishment of new or more
stringent requirements that represent RACT control levels. See Final
Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 2; Final Rule To Implement Certain Aspects of the 1990
Amendments Relating to New Source Review and Prevention of Significant
Deterioration as They Apply in Carbon Monoxide, Particulate Matter and
Ozone NAAQS; Final Rule for Reformulated Gasoline (Phase 2 Rule), (70
FR 71612, 71655, November 29, 2005).
II. Summary of the SIP Revision
On May 5, 2009, the Pennsylvania Department of Environmental
Protection (PADEP) submitted on behalf of ACHD a SIP revision
addressing the RACT requirements for Allegheny County under the 8-hour
ozone NAAQS set forth by the CAA. Allegheny County's SIP revision is
consistent with the Phase 2 Rule and satisfies the requirements of RACT
set forth by the CAA under the 8-hour ozone NAAQS through: (1)
Certification that previously adopted RACT controls in Allegheny
County's SIP, which were approved by EPA under the 1-hour ozone NAAQS,
are based on the currently available technically and economically
feasible controls and continue to represent RACT for the 8-hour ozone
NAAQS; (2) a negative declaration demonstrating that no facilities
exist in Allegheny County for the applicable CTG categories; and (3) a
new RACT determination for a single source based upon reliance on the
Maximum Achievable Control Technology (MACT) standard as allowed in the
Phase 2 Rule. Additional details on the SIP revision as well as the
rationale for EPA's proposed action are included in the NPR and will
not be restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving Allegheny County's 8-hour ozone RACT demonstration
submitted to EPA on May 5, 2009 as a revision to the Allegheny County's
portion of the Commonwealth of Pennsylvania's SIP.
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 Order
12866 (58 FR 51735, October 4, 1993);
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.
[[Page 34586]]
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 August 9, 2013. 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, which approves Allegheny County's 8-hour ozone
RACT demonstration, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 16, 2013.
W.C. Early,
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 (e)(1) is amended by adding
an entry for RACT under the 8-hour ozone NAAQS for Allegheny County at
the end of the table. The added text reads as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State
revision area submittal date EPA approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
RACT under the 8-hour ozone NAAQS. Allegheny County..... 5/5/09 6/10/13 [Insert page number where the .....................................
document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-13598 Filed 6-7-13; 8:45 am]
BILLING CODE 6560-50-P
