Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; State Boards Requirements, 62003-62006 [2014-24340]
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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
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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 https://
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.
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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:
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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:
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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
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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
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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.
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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.
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V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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);
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• 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
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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) * * *
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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 ........................
*
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*
(e) * * *
*
1/1/07
12/14/98
*
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Applicable geographic
area
*
Section 110(a)(2) Infrastructure Requirements for the 2008
Pb NAAQS.
*
*
Statewide .....................
State submittal
date
5/24/12
7/15/14
*
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*
[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
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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.
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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.,
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]]>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.
-----------------------------------------------------------------------
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
