Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; State Boards Requirements, 62003-62006 [2014-24340]

Download as PDF rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations its views, as provided for under paragraph (c) of this section, is inadequate, it may, within 20 business days of the date of the notice required by paragraph (c), request, in writing, that an informal hearing be convened. (2) As soon as possible after a written request for an informal hearing is received, the Reviewing Official shall convene an informal hearing, at such time and place as he or she deems appropriate, for the purpose of determining whether the company’s certificate of authority should be revoked. (3) The company shall be advised, in writing, of the time and place of the informal hearing and shall be directed to bring all documents, records and other information as it may find necessary and relevant to support its position. (4) The company may be represented by counsel and shall have a fair opportunity to present any relevant material and to examine the administrative record. (5) The complaining agency may be requested by the Reviewing Official to send a representative to the hearing to present any relevant material, and the agency representative may examine the administrative record. (6) The Reviewing Official is authorized to require the submission of additional documentation from the complaining agency and the company to ensure appropriate consideration of relevant factual or legal issues. (7) Formal rules of evidence will not apply at the informal hearing. (8) The formal adjudication standards under the Administrative Procedure Act, 5 U.S.C. 554, 556, 557 do not apply to the informal hearing or adjudication process. (9) Treasury may promulgate additional procedural guidance governing the conduct of informal hearings. This additional procedural guidance may be contained in the Annual Letter to Executive Heads of Surety Companies referenced in § 223.9, the Treasury Financial Manual, or other Treasury publication or correspondence. (10) Upon completion of the informal hearing, the Reviewing Official shall prepare a written Recommendation Memorandum addressed to the Deciding Official setting forth findings and a recommended disposition. The Deciding Official will make the final decision whether the company’s certificate of authority to write and reinsure Federal bonds should be revoked based on the administrative record. The administrative record consists of the Federal agency complaint referenced in paragraphs (a) and (b) of VerDate Sep<11>2014 14:52 Oct 15, 2014 Jkt 235001 this section, the company response referenced in paragraph (c), any other documentation submitted to, considered by, or entered into the administrative record by the Reviewing Official, the hearing transcript, and the Reviewing Official’s Recommendation Memorandum. (11) The provisions of paragraphs (e), (f), and (g) of this section shall apply to the adjudication of the agency complaint when an informal hearing is conducted. ■ 17. Revise § 223.21 to read as follows: § 223.21 Reinstatement. If, after one year from the date of the non-renewal or the revocation of its certificate of authority under this part, a company can demonstrate that the basis for the non-renewal or revocation has been cured, as determined by Treasury in its discretion, and that it can comply with, and does meet, all continuing requirements for certification under 31 U.S.C. 9304–9308 and this part, the company may submit an application to Treasury for reinstatement or reissuance of a certificate of authority, which will be granted without prejudice, provided all such requirements are met. ■ 18. In § 223.22, revise paragraph (c) to read as follows: § 223.22 Fees for services of the Treasury Department. * * * * * (c) Specific fee information may be obtained from the designated Treasury official, or online at http:// www.fiscal.treasury.gov/fsreports/ref/ suretyBnd/surety_home.htm. In addition, a notice of the amount of a fee referred to in paragraphs (a)(1) through (4) of this section will be published in the Federal Register as each change in such fee is made. Dated: October 2, 2014. David A. Lebryk, Fiscal Assistant Secretary. [FR Doc. 2014–24460 Filed 10–15–14; 8:45 am] BILLING CODE P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2014–0629; FRL–9917–69– Region–3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; State Boards Requirements AGENCY: Environmental Protection Agency. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 ACTION: 62003 Direct Final Rule. The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Pennsylvania State Implementation Plan (SIP). The SIP revision addresses the State Boards’ requirements for all criteria pollutants of the National Ambient Air Quality Standards (NAAQS). EPA is also approving a related infrastructure element from Pennsylvania’s September 24, 2012 SIP submittal for the 2008 Lead NAAQS. EPA is approving this SIP revision in accordance with the requirements of the Clean Air Act (CAA). SUMMARY: This rule is effective on December 15, 2014 without further notice, unless EPA receives adverse written comment by November 17, 2014. 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 Number EPA– R03–OAR–2014–0629 by one of the following methods: A. www.regulations.gov. Follow the online instructions for submitting comments. B. E-Mail: fernandez.cristina@ epa.gov. C. Mail: EPA–R03–OAR–2014–0629, Cristina Fernandez, Associate Director, Office of Air Program Planning, Air Protection Division, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2014– 0629. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless DATES: E:\FR\FM\16OCR1.SGM 16OCR1 62004 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 in www.regulations.gov or in hard copy 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 Commonwealth’s submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814–2191, or by email at knapp.ruth@epa.gov. SUPPLEMENTARY INFORMATION: rmajette on DSK2VPTVN1PROD with RULES I. Background Section 128 of the CAA requires SIPs to comply with the requirements regarding State Boards. Section 110(a)(2)(E)(ii) of the CAA also references these requirements. Section 128(a) of the CAA requires SIPs to contain provisions that: (1) Any board or body which approves permits or enforcement orders under the CAA shall have at least a majority of its members represent the public interest and not derive any significant portion of their income from persons subject to permits or enforcement orders under the CAA; and (2) any potential conflict of interest by members of such board or body or VerDate Sep<11>2014 14:52 Oct 15, 2014 Jkt 235001 the head of an executive agency with similar powers be adequately disclosed. The requirements of section 128(a)(1) are not applicable to Pennsylvania because it does not have any board or body which approves air quality permits or enforcement orders. The requirements of section 128(a)(2), however, are applicable because the heads of the Pennsylvania Department of Environmental Protection (PADEP), the Allegheny County Health Department (ACHD), and Philadelphia Air Management Services (AMS), or their designees, approve permits or enforcement orders within Pennsylvania. On July 15, 2014, the Commonwealth of Pennsylvania, through PADEP, submitted a SIP revision to address the requirements of sections 128 and 110(a)(2)(E)(ii) for all criteria pollutants of the NAAQS in relation to State Boards. This submission addressing sections 128 and 110(a)(2)(E)(ii) for all NAAQS was part of a larger SIP revision submitted on the same date which addresses requirements in section 110(a) for the 2008 ozone NAAQS; however, EPA will take later separate rulemaking action on the remainder of that July 15, 2014 SIP submission. Previously, on September 24, 2012, Pennsylvania submitted a SIP revision to satisfy several requirements of section 110(a)(2) of the CAA for the 2008 Lead NAAQS. On April 7, 2014, EPA published a Final Rulemaking Notice in which EPA approved certain elements of Pennsylvania’s SIP submittal for the 2008 Lead NAAQS and stated that EPA would take separate action on the submittal as it related to requirements in sections 110(a)(2)(E)(ii) and 128 of the CAA. 79 FR 19009. requirements of CAA sections 128 and 110(a)(2)(E)(ii), Pennsylvania is seeking to incorporate into the SIP the relevant provisions of Chapter 11 of the PA Ethics Act, including certain relevant portions of sections 1101, 1102, 1104, 1105, and 1109. The Commonwealth’s effective dates for these sections of Chapter 11 will be listed in the table in 40 CFR 52.2020(c). II. Summary of SIP Revision This rulemaking action approves certain statutory provisions for the Pennsylvania SIP submitted by PADEP to meet the requirements of section 128 of the CAA. Upon meeting the requirements of section 128, Pennsylvania will also meet the requirements of section 110(a)(2)(E)(ii) of the CAA for all criteria pollutants of the NAAQS in relation to State Boards. Pennsylvania’s statutory provisions governing the relevant section 128 requirements are in Chapter 11 of the Pennsylvania Public Official and Employee Ethics Act (PA Ethics Act), found at 65 Pa.C.S. sections 1101–1109. The Secretary of PADEP and heads of ACHD and AMS, as well as the state employees subordinate to those positions, are subject to the requirements of Chapter 11 of the PA Ethics Act. In order to meet the IV. Final Action EPA is approving the portion of the July 15, 2014 Pennsylvania SIP revision that addresses the requirements of sections 128 and 110(a)(2)(E)(ii) of the CAA for all criteria pollutants of the NAAQS. EPA is also specifically approving Pennsylvania’s September 24, 2012 SIP revision for the 2008 Lead NAAQS as addressing the requirements in section 110(a)(2)(E)(ii) of the CAA. 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 December 15, 2014 without further notice unless EPA receives adverse PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 III. EPA’s Analysis of Pennsylvania’s SIP Revision Sections 128 and 110(a)(2)(E)(ii) require that each state’s SIP demonstrate how state boards, bodies or heads of executive agencies which approve CAA permits or enforcement orders disclose any potential conflicts of interest. The Secretary of PADEP and heads of ACHD and AMS, or their designees, approve all CAA permits and enforcement orders in Pennsylvania. All three agencies are executive agencies that act through their respective Secretary, head, or delegated subordinate state or local employees. Pennsylvania submitted relevant provisions of Chapter 11 of the PA Ethics Act for inclusion into the SIP as required by sections 128 and 110(a)(2)(E)(ii). Chapter 11 of the PA Ethics Act applies to public officials and employees and requires them to disclose relevant financial information including direct and indirect financial interests, income and gifts. This SIP revision will incorporate existing Pennsylvania law into the SIP and demonstrates that Pennsylvania complies with the requirements of sections 128 and 110(a)(2)(E)(ii) of the CAA for all NAAQS pollutants through the relevant sections of Chapter 11 of the PA Ethics Act for adequate disclosure of potential conflicts of interest. E:\FR\FM\16OCR1.SGM 16OCR1 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations comment by November 17, 2014. 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. rmajette on DSK2VPTVN1PROD with RULES 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 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); VerDate Sep<11>2014 14:52 Oct 15, 2014 Jkt 235001 • 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 December 15, 2014. 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 62005 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, approving the Pennsylvania SIP revision for purposes of meeting sections 128 and 110(a)(2)(E)(ii) requirements for all criteria pollutants of the NAAQS in relation to State Boards, 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, Reporting and recordkeeping requirements. Dated: September 23, 2014. William C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: 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: a. The table in paragraph (c)(1) is amended by adding a new section for ‘‘Title 65 Pennsylvania Statute—Public Officers, Part II—Accountability, Chapter 11—Ethics Standards and Financial Disclosure,’’ before the section for Title 67, with new entries for sections 1101, 1102, 1104, 1105, and 1109. ■ b. The table in paragraph (e)(1) is amended by revising the entry for ‘‘Section 110(a)(2) Infrastructure Requirements for the 2008 Pb NAAQS.’’ The additions and revisions read as follows: ■ ■ § 52.2020 * Identification of plan. * * (c) * * * (1) * * * E:\FR\FM\16OCR1.SGM 16OCR1 * * 62006 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations State citation State effective date Title/subject * * * Additional explanation/ § 52.2063 citation EPA approval date * * * * Title 65 Pennsylvania Statute—Public Officers Part II—Accountability Chapter 11—Ethics, Standards, and Financial Disclosure Section 1101 ........................ Short title of chapter ............ 12/14/98 Section 1102 ........................ Definitions ............................ 1/1/07 Section 1104 ........................ Statement of financial interests required to be filed. Statement of financial interests. Penalties .............................. 12/14/98 Section 1105 ........................ Section 1109 ........................ * * * * * (e) * * * * 1/1/07 12/14/98 * * * Applicable geographic area * Section 110(a)(2) Infrastructure Requirements for the 2008 Pb NAAQS. * * Statewide ..................... State submittal date 5/24/12 7/15/14 * * * * [FR Doc. 2014–24340 Filed 10–15–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2013–0746; FRL–9917–64– Region–4] Approval and Promulgation of Implementation Plans; Florida: Removal of Sulfur Storage and Handling Rules Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Florida State Implementation Plan (SIP), submitted by the Florida Department of Environmental Protection (FDEP), on April 5, 2012. The revision modifies Florida’s SIP to remove two state rules relating to new and existing sulfur rmajette on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 Addresses CAA section 128. Addresses CAA section 128. Addresses CAA section 128. Addresses CAA section 128. Addresses CAA section 128. * * * (1) * * * Name of non-regulatory SIP revision * 10/16/14 [Insert Federal Register citation]. 10/16/14 [Insert Federal Register citation]. 10/16/14 [Insert Federal Register citation]. 10/16/14 [Insert Federal Register citation]. 10/16/14 [Insert Federal Register citation]. 14:52 Oct 15, 2014 Jkt 235001 EPA approval date Additional explanation * * 4/7/2014, 79 FR 19001 * * This rulemaking action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M). This rulemaking action addresses the following CAA elements: 110(a)(2)(E)(ii). 10/16/14 [Insert Federal Register citation]. storage and handling facilities because they are no longer necessary. EPA has determined that Florida’s April 5, 2012, SIP revision regarding sulfur storage and handling facilities is approvable because it is consistent with the Clean Air Act (CAA or Act). DATES: This rule will be effective November 17, 2014. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2013–0746. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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 at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30 excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9043. Mr. Lakeman can be reached via electronic mail at lakeman.sean@ epa.gov. SUPPLEMENTARY INFORMATION: I. Background The FDEP revision requests that EPA remove two state rules—Rule 62– 212.600, Florida Administrative Code (F.A.C.), ‘‘Sulfur Storage and Handling Facilities’’ and Rule 62–296.411, F.A.C., E:\FR\FM\16OCR1.SGM 16OCR1

Agencies

[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Rules and Regulations]
[Pages 62003-62006]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24340]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0629; FRL-9917-69-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; State Boards Requirements

AGENCY: Environmental Protection Agency.

ACTION: Direct Final Rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Commonwealth of Pennsylvania 
State Implementation Plan (SIP). The SIP revision addresses the State 
Boards' requirements for all criteria pollutants of the National 
Ambient Air Quality Standards (NAAQS). EPA is also approving a related 
infrastructure element from Pennsylvania's September 24, 2012 SIP 
submittal for the 2008 Lead NAAQS. EPA is approving this SIP revision 
in accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 15, 2014 without further 
notice, unless EPA receives adverse written comment by November 17, 
2014. 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 Number EPA-
R03-OAR-2014-0629 by one of the following methods:
    A. www.regulations.gov. Follow the online instructions for 
submitting comments.
    B. E-Mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2014-0629, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Air Protection Division, 
Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0629. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless

[[Page 62004]]

you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in www.regulations.gov or 
in hard copy 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 Commonwealth's 
submittal are available at the Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by 
email at knapp.ruth@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 128 of the CAA requires SIPs to comply with the 
requirements regarding State Boards. Section 110(a)(2)(E)(ii) of the 
CAA also references these requirements. Section 128(a) of the CAA 
requires SIPs to contain provisions that: (1) Any board or body which 
approves permits or enforcement orders under the CAA shall have at 
least a majority of its members represent the public interest and not 
derive any significant portion of their income from persons subject to 
permits or enforcement orders under the CAA; and (2) any potential 
conflict of interest by members of such board or body or the head of an 
executive agency with similar powers be adequately disclosed. The 
requirements of section 128(a)(1) are not applicable to Pennsylvania 
because it does not have any board or body which approves air quality 
permits or enforcement orders. The requirements of section 128(a)(2), 
however, are applicable because the heads of the Pennsylvania 
Department of Environmental Protection (PADEP), the Allegheny County 
Health Department (ACHD), and Philadelphia Air Management Services 
(AMS), or their designees, approve permits or enforcement orders within 
Pennsylvania.
    On July 15, 2014, the Commonwealth of Pennsylvania, through PADEP, 
submitted a SIP revision to address the requirements of sections 128 
and 110(a)(2)(E)(ii) for all criteria pollutants of the NAAQS in 
relation to State Boards. This submission addressing sections 128 and 
110(a)(2)(E)(ii) for all NAAQS was part of a larger SIP revision 
submitted on the same date which addresses requirements in section 
110(a) for the 2008 ozone NAAQS; however, EPA will take later separate 
rulemaking action on the remainder of that July 15, 2014 SIP 
submission.
    Previously, on September 24, 2012, Pennsylvania submitted a SIP 
revision to satisfy several requirements of section 110(a)(2) of the 
CAA for the 2008 Lead NAAQS. On April 7, 2014, EPA published a Final 
Rulemaking Notice in which EPA approved certain elements of 
Pennsylvania's SIP submittal for the 2008 Lead NAAQS and stated that 
EPA would take separate action on the submittal as it related to 
requirements in sections 110(a)(2)(E)(ii) and 128 of the CAA. 79 FR 
19009.

II. Summary of SIP Revision

    This rulemaking action approves certain statutory provisions for 
the Pennsylvania SIP submitted by PADEP to meet the requirements of 
section 128 of the CAA. Upon meeting the requirements of section 128, 
Pennsylvania will also meet the requirements of section 
110(a)(2)(E)(ii) of the CAA for all criteria pollutants of the NAAQS in 
relation to State Boards.
    Pennsylvania's statutory provisions governing the relevant section 
128 requirements are in Chapter 11 of the Pennsylvania Public Official 
and Employee Ethics Act (PA Ethics Act), found at 65 Pa.C.S. sections 
1101-1109. The Secretary of PADEP and heads of ACHD and AMS, as well as 
the state employees subordinate to those positions, are subject to the 
requirements of Chapter 11 of the PA Ethics Act. In order to meet the 
requirements of CAA sections 128 and 110(a)(2)(E)(ii), Pennsylvania is 
seeking to incorporate into the SIP the relevant provisions of Chapter 
11 of the PA Ethics Act, including certain relevant portions of 
sections 1101, 1102, 1104, 1105, and 1109. The Commonwealth's effective 
dates for these sections of Chapter 11 will be listed in the table in 
40 CFR 52.2020(c).

III. EPA's Analysis of Pennsylvania's SIP Revision

    Sections 128 and 110(a)(2)(E)(ii) require that each state's SIP 
demonstrate how state boards, bodies or heads of executive agencies 
which approve CAA permits or enforcement orders disclose any potential 
conflicts of interest. The Secretary of PADEP and heads of ACHD and 
AMS, or their designees, approve all CAA permits and enforcement orders 
in Pennsylvania. All three agencies are executive agencies that act 
through their respective Secretary, head, or delegated subordinate 
state or local employees. Pennsylvania submitted relevant provisions of 
Chapter 11 of the PA Ethics Act for inclusion into the SIP as required 
by sections 128 and 110(a)(2)(E)(ii). Chapter 11 of the PA Ethics Act 
applies to public officials and employees and requires them to disclose 
relevant financial information including direct and indirect financial 
interests, income and gifts. This SIP revision will incorporate 
existing Pennsylvania law into the SIP and demonstrates that 
Pennsylvania complies with the requirements of sections 128 and 
110(a)(2)(E)(ii) of the CAA for all NAAQS pollutants through the 
relevant sections of Chapter 11 of the PA Ethics Act for adequate 
disclosure of potential conflicts of interest.

IV. Final Action

    EPA is approving the portion of the July 15, 2014 Pennsylvania SIP 
revision that addresses the requirements of sections 128 and 
110(a)(2)(E)(ii) of the CAA for all criteria pollutants of the NAAQS. 
EPA is also specifically approving Pennsylvania's September 24, 2012 
SIP revision for the 2008 Lead NAAQS as addressing the requirements in 
section 110(a)(2)(E)(ii) of the CAA. 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 December 15, 2014 without further notice unless EPA 
receives adverse

[[Page 62005]]

comment by November 17, 2014. 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.

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 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.

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 December 15, 2014. 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, approving the Pennsylvania SIP revision 
for purposes of meeting sections 128 and 110(a)(2)(E)(ii) requirements 
for all criteria pollutants of the NAAQS in relation to State Boards, 
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, Reporting and recordkeeping requirements.

    Dated: September 23, 2014.
William 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:
0
a. The table in paragraph (c)(1) is amended by adding a new section for 
``Title 65 Pennsylvania Statute--Public Officers, Part II--
Accountability, Chapter 11--Ethics Standards and Financial 
Disclosure,'' before the section for Title 67, with new entries for 
sections 1101, 1102, 1104, 1105, and 1109.
0
b. The table in paragraph (e)(1) is amended by revising the entry for 
``Section 110(a)(2) Infrastructure Requirements for the 2008 Pb 
NAAQS.''
    The additions and revisions read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

[[Page 62006]]



----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
          State citation              Title/subject          State       EPA approval date    explanation/  Sec.
                                                        effective date                         52.2063 citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Title 65 Pennsylvania Statute--Public Officers
                                             Part II--Accountability
                             Chapter 11--Ethics, Standards, and Financial Disclosure
----------------------------------------------------------------------------------------------------------------
Section 1101.....................  Short title of             12/14/98  10/16/14 [Insert     Addresses CAA
                                    chapter.                             Federal Register     section 128.
                                                                         citation].
Section 1102.....................  Definitions........          1/1/07  10/16/14 [Insert     Addresses CAA
                                                                         Federal Register     section 128.
                                                                         citation].
Section 1104.....................  Statement of               12/14/98  10/16/14 [Insert     Addresses CAA
                                    financial                            Federal Register     section 128.
                                    interests required                   citation].
                                    to be filed.
Section 1105.....................  Statement of                 1/1/07  10/16/14 [Insert     Addresses CAA
                                    financial                            Federal Register     section 128.
                                    interests.                           citation].
Section 1109.....................  Penalties..........        12/14/98  10/16/14 [Insert     Addresses CAA
                                                                         Federal Register     section 128.
                                                                         citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide..........         5/24/12  4/7/2014, 79 FR      This rulemaking
 Requirements for the 2008 Pb                                            19001.               action addresses
 NAAQS.                                                                                       the following CAA
                                                                                              elements:
                                                                                              110(a)(2)(A), (B),
                                                                                              (C), (D)(i)(I),
                                                                                              (D)(i)(II),
                                                                                              (D)(ii), (E)(i),
                                                                                              (E)(iii), (F),
                                                                                              (G), (H), (J),
                                                                                              (K), (L), and (M).
                                                               7/15/14  10/16/14 [Insert     This rulemaking
                                                                         Federal Register     action addresses
                                                                         citation].           the following CAA
                                                                                              elements:
                                                                                              110(a)(2)(E)(ii).
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2014-24340 Filed 10-15-14; 8:45 am]
BILLING CODE 6560-50-P