Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revisions to Allegheny County Health Department Rules, 24860-24862 [2017-10921]
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24860
Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401–7671q.
Dated: April 10, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2017–11222 Filed 5–30–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0064; FRL–9962–77–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Revisions to Allegheny
County Health Department Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Commonwealth of Pennsylvania state
implementation plan (SIP). The
revisions pertain to administrative and
definition amendments made to
Allegheny County Health Department’s
(ACHD) Rules and Regulations Article
XXI, Air Pollution Control. The
amendments updated the name of the
Bureau of Environmental Quality to the
Bureau of Environmental Health and
revised the definition of ‘‘County
Executive’’ to agree with the definition
in the Allegheny County Home Rule
Charter. EPA is approving these
revisions to Article XXI in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on July 31,
2017 without further notice, unless EPA
receives adverse written comment by
June 30, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2017–0064 at https://
www.regulations.gov, or via email to
rehn.brian@epa.gov. For comments
submitted at Regulations.gov, follow the
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SUMMARY:
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online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sara
Calcinore, (215) 814–2043, or by email
at calcinore.sara@epa.gov.
SUPPLEMENTARY INFORMATION: On
December 15, 2016, the Commonwealth
of Pennsylvania submitted, on behalf of
Allegheny County, a formal revision to
the Pennsylvania SIP.
I. Background
The SIP revision consists of
administrative and definition
amendments to ACHD’s Rules and
Regulations Article XXI, Air Pollution
Control. These amendments were
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) as a formal revision to the
Pennsylvania SIP, on behalf of
Allegheny County. The regulations were
adopted by the ACHD.
II. Summary of SIP Revision and EPA
Analysis
The December 15, 2016 SIP revision
submittal includes amended versions of
ACHD’s Rules and Regulations Article
XXI, Air Pollution Control, section
2101.07 paragraph (a), Administration
and Organization—Administration, and
section 2101.20, Definitions.
Pennsylvania requests that EPA approve
this submittal so that these amended
regulations become part of the
Pennsylvania SIP. The amendment to
section 2101.07 paragraph (a) changed
the name of the ‘‘Allegheny County
Health Department Bureau of
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Sfmt 4700
Environmental Quality’’ to the
‘‘Allegheny County Health Department
Bureau of Environmental Health.’’ The
amendment to section 2101.20 updates
the definition of ‘‘County Executive’’
from the ‘‘Chief Executive of Allegheny
County, Pennsylvania’’ to ‘‘the Chief
Executive of Allegheny, Pennsylvania,
as defined in the Allegheny County
Home Rule Charter.’’
EPA’s review of this material
indicates the December 15, 2016
submittal is approvable as it meets
requirements of the CAA under section
110(a) and contains only minor
administrative changes to regulations
that were previously included in the
Pennsylvania SIP. None of these
changes affects emissions of air
pollutants, and none of the changes will
interfere with any applicable
requirement concerning attainment of
reasonable further progress or any other
applicable requirements in the CAA.
Thus, EPA finds the revision approvable
specifically for section 110(1) of the
CAA.
III. Final Action
EPA is approving the Pennsylvania
SIP revision for Allegheny County,
which was submitted on December 15,
2016. 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 July 31, 2017 without
further notice unless EPA receives
adverse comment by June 30, 2017. If
EPA receives adverse comment, EPA
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. Please note that
if EPA receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
E:\FR\FM\31MYR1.SGM
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Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
by reference of the revisions to ACHD’s
Rules and Regulations Article XXI, Air
Pollution Control, section 2101.07
paragraph (a), Administration and
Organization—Administration and
section 2101.20, Definitions discussed
in Section II of this preamble. Therefore,
these materials have been approved by
EPA for inclusion in the SIP, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update of the SIP compilation.1
EPA has made, and will continue to
make, these materials generally
available through https://
www.regulations.gov and/or at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
asabaliauskas on DSKBBXCHB2PROD 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
1 62
FR 27968 (May 22, 1997).
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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
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24861
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 31, 2017 Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and 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 to approve Revisions to
Allegheny County Health Department
Rules as part of the Pennsylvania SIP
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.
Dated: May 4, 2017.
Cecil Rodrigues,
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, the table in paragraph
(c)(2) is amended by revising an entry
for ‘‘2101.07 (Except paragraphs .07.c.2
and c.8)’’ and adding an entry in
numerical order‘‘2101.20’’ under ‘‘Part
A—General’’.
The revision and addition read as
follows:
■
§ 52.2020
*
Identification of plan.
*
*
(c) * * *
(2) * * *
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*
*
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Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
Article XX or XXI citation
State
effective date
Title/subject
Additional explanation/
§ 52.2063 citation
EPA approval date
Part A—General
*
2101.07 (Except paragraphs .07.c.2 and
c.8).
*
*
Administration and Organization.
06/19/15
*
*
05/31/17 [Insert Federal Register citation].
*
*
Revised name of Allegheny County Health Department Bureau of Environmental Quality to
Allegheny County Health Department Bureau
of Environmental Health.
Previous approval 11/
14/02, 67 FR 68935
(c)(192).
*
2101.20 ..........................
*
*
Definitions ....................
*
*
*
*
*
*
*
*
[FR Doc. 2017–10921 Filed 5–30–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2016–0206; FRL–9958–84–
Region 6]
Approval and Promulgation of
Implementation Plans; Louisiana;
Revisions to the New Source Review
State Implementation Plan; Air Permit
Procedure Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving severable portions of three
revisions to the Louisiana New Source
Review (NSR) State Implementation
Plan (SIP) submitted by the Louisiana
Department of Environmental Quality
(LDEQ). Specifically, we are finalizing
approval of provisions contained within
the Chapter 5 air construction permit
rules as initially submitted on
November 15, 1993, November 10, 1994,
and November 9, 2007. We are
withdrawing our proposed disapproval
of LAC 33:III.501.B.1.d, LAC
33:III.513.A.1, and LAC 33:III.531.A.1.
because the LDEQ withdrew these
sections from our consideration on
April 19, 2017.
DATES: This rule is effective on June 30,
2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2016–0206. All
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*
*
05/31/17 [Insert Federal Register citation].
*
*
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 https://
www.regulations.gov or in hardcopy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Stephanie Kordzi, (214) 665–7520,
kordzi.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
The background for this action is
discussed in detail in our November 22,
2016, proposal (81 FR 83771). In that
document, we proposed to partially
approve and partially disapprove
severable portions of four revisions to
the Louisiana New Source Review
(NSR) State Implementation Plan (SIP)
submitted by the Louisiana Department
of Environmental Quality (LDEQ). We
are finalizing our proposed action to a
full approval of severable portions of
three revisions as listed in Section II
below to the Louisiana NSR SIP
submitted by LDEQ. We are
withdrawing our proposed disapproval
of LAC 33:III.501.B.1.d, LAC
33:III.513.A.1, and LAC 33:III.531.A.1.
because the LDEQ withdrew these
sections from our consideration by letter
dated April 19, 2017.
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*
*
Revised definition of ‘‘County Executive’’ to
mean ‘‘the Chief Executive of Allegheny
County, Pennsylvania, as defined in the Allegheny County Home Rule Charter’’.
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*
*
No comments were received from
LDEQ or the public on the proposal
during the public notice and comment
period.
II. Final Action
The EPA is approving the revisions to
the Louisiana SIP that were proposed
for approval in our November 22, 2016,
proposal (81 FR 83771) as discussed
below. This final action includes SIP
submittals from the State of Louisiana
submitted on November 15, 1993,
November 10, 1994, and November 9,
2007.
The approved revisions provide in
general: (1) Rule clarification; (2) rule
consistency with Federal rules; (3)
establishment of permit modification
procedures; (4) establishment of
reopening procedures: and (5)
establishment of notification procedures
for the notification of other states of
Louisiana PSD permit actions.
Specifically, we are approving revisions
to the Louisiana SIP pertaining to the
following sections:
• LAC 33:III.525 as submitted on
November 15, 1993.
• LAC 33:III.527 as submitted on
November 15, 1993, and November 10,
1994.
• LAC 33:III.529 as submitted on
November 15, 1993.
• LAC 33:III.531 as submitted on
November 15, 1993, and November 9,
2007.
• The EPA is withdrawing our
proposed disapproval of LAC
33:III.501.B.1.d, LAC 33:III513.A.1, and
LAC 33:III531.A.1. The LDEQ withdrew
these sections from our consideration by
letter dated April 19, 2017; as such, they
are no longer in front of us for action.
We are taking this final action under
section 110 and parts C and D of the
Act.
E:\FR\FM\31MYR1.SGM
31MYR1
Agencies
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24860-24862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10921]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0064; FRL-9962-77-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revisions to Allegheny County Health Department Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Commonwealth of Pennsylvania
state implementation plan (SIP). The revisions pertain to
administrative and definition amendments made to Allegheny County
Health Department's (ACHD) Rules and Regulations Article XXI, Air
Pollution Control. The amendments updated the name of the Bureau of
Environmental Quality to the Bureau of Environmental Health and revised
the definition of ``County Executive'' to agree with the definition in
the Allegheny County Home Rule Charter. EPA is approving these
revisions to Article XXI in accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on July 31, 2017 without further notice,
unless EPA receives adverse written comment by June 30, 2017. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0064 at https://www.regulations.gov, or via email to
rehn.brian@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by
email at calcinore.sara@epa.gov.
SUPPLEMENTARY INFORMATION: On December 15, 2016, the Commonwealth of
Pennsylvania submitted, on behalf of Allegheny County, a formal
revision to the Pennsylvania SIP.
I. Background
The SIP revision consists of administrative and definition
amendments to ACHD's Rules and Regulations Article XXI, Air Pollution
Control. These amendments were submitted by the Pennsylvania Department
of Environmental Protection (PADEP) as a formal revision to the
Pennsylvania SIP, on behalf of Allegheny County. The regulations were
adopted by the ACHD.
II. Summary of SIP Revision and EPA Analysis
The December 15, 2016 SIP revision submittal includes amended
versions of ACHD's Rules and Regulations Article XXI, Air Pollution
Control, section 2101.07 paragraph (a), Administration and
Organization--Administration, and section 2101.20, Definitions.
Pennsylvania requests that EPA approve this submittal so that these
amended regulations become part of the Pennsylvania SIP. The amendment
to section 2101.07 paragraph (a) changed the name of the ``Allegheny
County Health Department Bureau of Environmental Quality'' to the
``Allegheny County Health Department Bureau of Environmental Health.''
The amendment to section 2101.20 updates the definition of ``County
Executive'' from the ``Chief Executive of Allegheny County,
Pennsylvania'' to ``the Chief Executive of Allegheny, Pennsylvania, as
defined in the Allegheny County Home Rule Charter.''
EPA's review of this material indicates the December 15, 2016
submittal is approvable as it meets requirements of the CAA under
section 110(a) and contains only minor administrative changes to
regulations that were previously included in the Pennsylvania SIP. None
of these changes affects emissions of air pollutants, and none of the
changes will interfere with any applicable requirement concerning
attainment of reasonable further progress or any other applicable
requirements in the CAA. Thus, EPA finds the revision approvable
specifically for section 110(1) of the CAA.
III. Final Action
EPA is approving the Pennsylvania SIP revision for Allegheny
County, which was submitted on December 15, 2016. 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 July 31, 2017 without further notice unless EPA
receives adverse comment by June 30, 2017. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
[[Page 24861]]
by reference of the revisions to ACHD's Rules and Regulations Article
XXI, Air Pollution Control, section 2101.07 paragraph (a),
Administration and Organization--Administration and section 2101.20,
Definitions discussed in Section II of this preamble. Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update of the SIP compilation.\1\ EPA has made, and will
continue to make, these materials generally available through https://www.regulations.gov and/or at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
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\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 31, 2017 Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and 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 to approve Revisions to Allegheny County Health
Department Rules as part of the Pennsylvania SIP 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.
Dated: May 4, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (c)(2) is amended by
revising an entry for ``2101.07 (Except paragraphs .07.c.2 and c.8)''
and adding an entry in numerical order``2101.20'' under ``Part A--
General''.
The revision and addition read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(2) * * *
[[Page 24862]]
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State Additional explanation/
Article XX or XXI citation Title/subject effective date EPA approval date Sec. 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Part A--General
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2101.07 (Except paragraphs Administration and 06/19/15 05/31/17 [Insert Revised name of
.07.c.2 and c.8). Organization. Federal Register Allegheny County
citation]. Health Department
Bureau of
Environmental Quality
to Allegheny County
Health Department
Bureau of
Environmental Health.
Previous approval
11/14/02, 67 FR
68935 (c)(192).
* * * * * * *
2101.20........................ Definitions....... 06/19/15 05/31/17 [Insert Revised definition of
Federal Register ``County Executive''
citation]. to mean ``the Chief
Executive of Allegheny
County, Pennsylvania,
as defined in the
Allegheny County Home
Rule Charter''.
* * * * * * *
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* * * * *
[FR Doc. 2017-10921 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P