Commonwealth of Pennsylvania; Allegheny County Health Department, Withdrawal of Section 112(l) Delegation Authority for the Chemical Accident Prevention Regulations, 7825-7827 [2019-03849]
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7825
Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Rules and Regulations
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 6, 2019. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action 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, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 20, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
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 B—Alabama
2. Section 52.50(e), is amended by
adding an entry for ‘‘June 2018 Regional
Haze Progress Report’’ at the end of the
table to read as follows:
■
40 CFR part 52 is amended as follows:
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
*
June 2018 Regional Haze
Progress Report.
*
*
Alabama .....................................
[FR Doc. 2019–03853 Filed 3–4–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R03–OAR–2018–0304; FRL–9990–12–
Region 3]
Commonwealth of Pennsylvania;
Allegheny County Health Department,
Withdrawal of Section 112(l)
Delegation Authority for the Chemical
Accident Prevention Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is notifying the public
that the Allegheny County Health
Department (ACHD) has completed the
regulatory process for voluntary
withdrawal from EPA’s delegation of
authority to enforce the chemical
accident prevention regulations under
the Clean Air Act (CAA). The EPA is
therefore amending the Code of Federal
Regulations (CFR) to indicate that
ACHD no longer has the delegated
authority to implement and enforce the
regulatory requirements. EPA is also
notifying the public that each facility
subject to the previously approved
ACHD delegated chemical accident
prevention program is required to
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SUMMARY:
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submittal date/
effective date
Applicable geographic or
nonattainment area
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6/26/2018
EPA approval date
*
*
3/5/2019, [Insert Federal
Register citation].
maintain continuous compliance with
applicable requirements. This action is
being taken under the CAA.
DATES: This final rule is effective on
April 4, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0304. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 112(l) of the Clean Air Act
(CAA) and 40 CFR part 63, subpart E,
authorizes EPA to approve of State, and
local, rules and programs to be
implemented and enforced in place of
certain CAA requirements, including
the chemical accident prevention
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Explanation
*
provisions set forth at 40 CFR part 68
(Chemical Accident Prevention
Regulations). EPA promulgated the
Chemical Accident Prevention
Regulations (or risk management
program (RMP) regulations) (RMP
regulations) pursuant to CAA Section
112(r)(7). By letter dated June 15, 2001,
ACHD requested delegation of authority
to implement and enforce the RMP
regulations for all sources, among other
requests for delegation of other
programs. On January 30, 2002, EPA
issued a direct final rule, which became
effective on April 1, 2002, approving
ACHD’s request for delegation of
authority to implement and enforce
EPA’s RMP regulations, which had been
adopted by reference from 40 CFR part
68, for all sources within Allegheny
County, Pennsylvania, subject to such
regulations. See 67 FR 4363 (January 30,
2002).
By letter dated July 28, 2017, ACHD
formally notified EPA of its intent to
voluntarily withdraw from EPA’s
delegation of authority to enforce the
RMP regulations. On June 22, 2018 (83
FR 29085), EPA published a notice of
proposed rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA notified the public that
ACHD had completed the regulatory
process for voluntary withdrawal from
EPA’s delegation of authority to
implement and enforce the RMP
provisions of CAA section 112(r) and
proposed a revision to 40 CFR
63.99(a)(39)(v), codifying the
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Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Rules and Regulations
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withdrawal of EPA’s delegation of
authority.
The procedures for a State, or local
authority, to voluntarily withdraw from
a CAA approved rule, program or
portion of a rule or program are set forth
at 40 CFR 63.96(b)(7). In summary, these
regulations and relevant EPA guidance
provide that a State, or local authority,
may voluntarily withdraw from an
approved delegated program by
notifying EPA and all affected sources of
its intent to withdraw and the specific
requirements subject to such
withdrawal. Any such withdrawal is not
effective sooner than 180 days after such
notification to EPA. The State, or local
authority, must also provide notice and
opportunity for comment to the public.
To the extent that any source that is
affected by the withdrawal is also
subject to a CAA operating permit
issued pursuant to 40 CFR part 70, the
State, or local authority, must reopen
and revise such permit to the extent
necessary.
II. Summary of Withdrawal Process
and EPA Analysis
By letter dated July 28, 2017, ACHD
notified EPA Region III of its intent to
voluntarily withdraw from EPA’s
delegation of authority to enforce the
RMP regulations. By letter dated
November 9, 2017, ACHD notified EPA
Region III that ACHD announced a
public comment period to take comment
on ACHD’s voluntary withdrawal from
EPA’s delegation of authority to enforce
the RMP regulations. The public
comment period extended from
November 10, 2017 to December 10,
2017. During this public comment
period, ACHD did not receive any
comments in response to the public
comment notification. ACHD provided
all applicable facilities with written
notice that ACHD is voluntarily
withdrawing from EPA’s delegation of
authority to enforce the RMP regulations
set forth at 40 CFR part 68.
Pursuant to 40 CFR 63.96(b)(7), ACHD
has determined which facilities, located
in Allegheny County, are subject to the
RMP regulations and have effective
CAA Title V operating permits in
accordance with 40 CFR part 70. As of
June 22, 2018, sixteen (16) facilities
within Allegheny County had submitted
risk management plans to EPA and
ACHD had issued Title V operating
permits to twenty-eight (28) currently
operating facilities. ACHD Title V
operating permits incorporate the RMP
regulations, set forth at 40 CFR part 68,
by reference. Therefore, each facility,
located in Allegheny County,
Pennsylvania, that is subject to the RMP
regulations and has an effective Title V
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Jkt 247001
operating permit has been issued a Title
V permit which includes the proper
citation to any applicable RMP
regulation.
Upon a State’s or local authority’s
voluntary withdrawal of a delegated
program, in accordance with 40 CFR
63.96(b)(7), EPA is required to publish
a time for sources subject to the
previously approved State, or local, rule
or program to come into compliance
with applicable Federal requirements.
Because, as part of its previously
approved delegated program, ACHD
incorporated the RMP regulations by
reference, there is no distinction
between ACHD’s previously approved
delegated program for implementing the
requirements set forth at 40 CFR part 68
and the applicable Federal requirements
set forth at 40 CFR part 68. Furthermore,
EPA’s delegation of authority to
implement the requirements set forth at
40 CFR part 68 to ACHD stated in
relevant part: ‘‘Although ACHD has
primary authority and responsibility to
implement and enforce the . . .
chemical accident prevention
provisions, nothing shall preclude,
limit, or interfere with the authority of
EPA to exercise its enforcement,
investigatory, and information gathering
authorities concerning this part of the
Act.’’ See 67 FR 4366 (January 30, 2002);
see also 40 CFR 63.96(b)(7)(iii).
Therefore, all facilities located in
Allegheny County, Pennsylvania,
subject to any requirement set forth at
40 CFR part 68 are required to maintain
continuous compliance with such
requirement.
This action does not affect AHCD’s
responsibilities under Title V of the
Clean Air Act. AHCD must continue to
ensure compliance with Title V
applicable requirements, including
chemical accident prevention
requirements. See 40 CFR 70.2, 68.215;
58 FR 29310. In addition, nothing in
this action changes any source’s
obligation to comply with State or local
laws. Affected sources may be subject to
duplicative requirements, including
duplicative reporting requirements to
EPA and AHCD. This may include
reporting to EPA under part 68, to the
Title V permitting authority under 40
CFR 68.215, and to ACHD under their
own rules. EPA received one set of
comments in response to the June 22,
2018 NPRM. The comments did not
concern any of the specific issues raised
in the NPRM, nor did they address
EPA’s rationale for the proposed
approval of ACHD’s request. Therefore,
EPA is not responding to those
comments.
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III. Final Action
EPA’s review of this material
indicates that ACHD has completed the
regulatorily mandated process, set forth
at 40 CFR 63.96(b)(7), for voluntary
withdrawal from EPA’s delegation of
authority to enforce the Chemical
Accident Prevention regulations set
forth at 40 CFR part 68. EPA is revising
40 CFR 63.99(a)(39)(v) to indicate
ACHD’s withdrawal from EPA’s
delegation of authority to enforce the
chemical accident prevention
provisions set forth at 40 CFR part 68.
IV. Statutory and Executive Order
Reviews
A. General Requirements
This action notifies the public that
ACHD has completed the process for
voluntary withdrawal from EPA’s
delegation of authority to enforce the
chemical accident prevention
provisions set forth at 40 CFR part 68,
and the action updates 40 CFR
63.99(a)(39)(v) to indicate the
withdrawal. The action does not impose
additional requirements beyond those
imposed by State and Federal law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771
regulatory action because this action is
not significant under Executive Order
12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
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Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 6, 2019. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action pertaining to
ACHD’s voluntary withdrawal from
EPA’s delegation of authority to enforce
the chemical accident prevention
regulations under the Clean Air Act
(CAA) may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2)).
List of Subjects in 40 CFR Part 63
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
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16:03 Mar 04, 2019
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Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 14, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 63 is amended as follows:
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
1. The authority citation for part 63
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 63.99 is amended by
revising paragraph (a)(39)(v) to read as
follows:
■
§ 63.99
Delegated Federal authorities.
(a) * * *
(39) * * *
(v) Allegheny County is not delegated
the authority to implement and enforce
the provisions of 40 CFR part 68 and all
future unchanged amendments to 40
CFR part 68 at sources within Allegheny
County, in accordance with the final
rule, dated March 5, 2019, effective
April 4, 2019.
*
*
*
*
*
[FR Doc. 2019–03849 Filed 3–4–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 1710319998630–02]
RIN 0648–XG821
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Resources of the South
Atlantic; 2019 Red Snapper
Commercial and Recreational Fishing
Seasons
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; 2019 fishing
seasons notification.
AGENCY:
NMFS announces the limited
opening of commercial and recreational
red snapper in the exclusive economic
zone (EEZ) of the South Atlantic for the
2019 fishing year. This notice
announces the red snapper commercial
SUMMARY:
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7827
season opening date and the opening
and closing dates for the red snapper
recreational season, according to the
accountability measures (AMs). This
season announcement for South
Atlantic red snapper allows fishers to
maximize their opportunity to harvest
the commercial and recreational annual
catch limits (ACLs) while also managing
harvest to protect the red snapper
resource.
DATES: The 2019 commercial red
snapper season opens at 12:01 a.m.,
local time, July 8, 2019. The 2019
recreational red snapper season opens at
12:01 a.m., local time, on July 12, 2019,
and closes at 12:01 a.m., local time, on
July 15, 2019; then reopens at 12:01
a.m., local time, on July 19, 2019, and
closes at 12:01 a.m., local time, on July
21, 2019, unless changed by subsequent
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The South
Atlantic snapper-grouper fishery
includes red snapper and is managed
under the Fishery Management Plan for
the Snapper-Grouper Fishery of the
South Atlantic Region (FMP). The South
Atlantic Fishery Management Council
prepared the FMP, and the FMP is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The final rule implementing
Regulatory Amendment 43 to the FMP
(83 FR 35428; July 26, 2018) describes
red snapper management measures
including the specific timing for red
snapper commercial and recreational
fishing seasons. The final rule also
revised the commercial and recreational
ACLs for red snapper. The commercial
AM requires the sector to close when
commercial landings reach or are
projected to reach the commercial ACL.
The recreational AM is the length of the
recreational season, with NMFS
projecting the season length based on
catch rate estimates from previous years.
The commercial ACL is 124,815 lb
(56,615 kg), and this ACL was not
exceeded in 2018. The recreational ACL
is 29,656 fish, and preliminary landings
information show this ACL was
exceeded in the 6-day fishing season in
2018. For 2019, NMFS has determined
that the landings from the recreational
sector is expected to reach the
recreational ACL in 5 days.
For South Atlantic red snapper, the
commercial season begins each year on
the second Monday in July and closes
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]]>Agencies
[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Rules and Regulations]
[Pages 7825-7827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03849]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R03-OAR-2018-0304; FRL-9990-12-Region 3]
Commonwealth of Pennsylvania; Allegheny County Health Department,
Withdrawal of Section 112(l) Delegation Authority for the Chemical
Accident Prevention Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is notifying the
public that the Allegheny County Health Department (ACHD) has completed
the regulatory process for voluntary withdrawal from EPA's delegation
of authority to enforce the chemical accident prevention regulations
under the Clean Air Act (CAA). The EPA is therefore amending the Code
of Federal Regulations (CFR) to indicate that ACHD no longer has the
delegated authority to implement and enforce the regulatory
requirements. EPA is also notifying the public that each facility
subject to the previously approved ACHD delegated chemical accident
prevention program is required to maintain continuous compliance with
applicable requirements. This action is being taken under the CAA.
DATES: This final rule is effective on April 4, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0304. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 112(l) of the Clean Air Act (CAA) and 40 CFR part 63,
subpart E, authorizes EPA to approve of State, and local, rules and
programs to be implemented and enforced in place of certain CAA
requirements, including the chemical accident prevention provisions set
forth at 40 CFR part 68 (Chemical Accident Prevention Regulations). EPA
promulgated the Chemical Accident Prevention Regulations (or risk
management program (RMP) regulations) (RMP regulations) pursuant to CAA
Section 112(r)(7). By letter dated June 15, 2001, ACHD requested
delegation of authority to implement and enforce the RMP regulations
for all sources, among other requests for delegation of other programs.
On January 30, 2002, EPA issued a direct final rule, which became
effective on April 1, 2002, approving ACHD's request for delegation of
authority to implement and enforce EPA's RMP regulations, which had
been adopted by reference from 40 CFR part 68, for all sources within
Allegheny County, Pennsylvania, subject to such regulations. See 67 FR
4363 (January 30, 2002).
By letter dated July 28, 2017, ACHD formally notified EPA of its
intent to voluntarily withdraw from EPA's delegation of authority to
enforce the RMP regulations. On June 22, 2018 (83 FR 29085), EPA
published a notice of proposed rulemaking (NPRM) for the Commonwealth
of Pennsylvania. In the NPRM, EPA notified the public that ACHD had
completed the regulatory process for voluntary withdrawal from EPA's
delegation of authority to implement and enforce the RMP provisions of
CAA section 112(r) and proposed a revision to 40 CFR 63.99(a)(39)(v),
codifying the
[[Page 7826]]
withdrawal of EPA's delegation of authority.
The procedures for a State, or local authority, to voluntarily
withdraw from a CAA approved rule, program or portion of a rule or
program are set forth at 40 CFR 63.96(b)(7). In summary, these
regulations and relevant EPA guidance provide that a State, or local
authority, may voluntarily withdraw from an approved delegated program
by notifying EPA and all affected sources of its intent to withdraw and
the specific requirements subject to such withdrawal. Any such
withdrawal is not effective sooner than 180 days after such
notification to EPA. The State, or local authority, must also provide
notice and opportunity for comment to the public. To the extent that
any source that is affected by the withdrawal is also subject to a CAA
operating permit issued pursuant to 40 CFR part 70, the State, or local
authority, must reopen and revise such permit to the extent necessary.
II. Summary of Withdrawal Process and EPA Analysis
By letter dated July 28, 2017, ACHD notified EPA Region III of its
intent to voluntarily withdraw from EPA's delegation of authority to
enforce the RMP regulations. By letter dated November 9, 2017, ACHD
notified EPA Region III that ACHD announced a public comment period to
take comment on ACHD's voluntary withdrawal from EPA's delegation of
authority to enforce the RMP regulations. The public comment period
extended from November 10, 2017 to December 10, 2017. During this
public comment period, ACHD did not receive any comments in response to
the public comment notification. ACHD provided all applicable
facilities with written notice that ACHD is voluntarily withdrawing
from EPA's delegation of authority to enforce the RMP regulations set
forth at 40 CFR part 68.
Pursuant to 40 CFR 63.96(b)(7), ACHD has determined which
facilities, located in Allegheny County, are subject to the RMP
regulations and have effective CAA Title V operating permits in
accordance with 40 CFR part 70. As of June 22, 2018, sixteen (16)
facilities within Allegheny County had submitted risk management plans
to EPA and ACHD had issued Title V operating permits to twenty-eight
(28) currently operating facilities. ACHD Title V operating permits
incorporate the RMP regulations, set forth at 40 CFR part 68, by
reference. Therefore, each facility, located in Allegheny County,
Pennsylvania, that is subject to the RMP regulations and has an
effective Title V operating permit has been issued a Title V permit
which includes the proper citation to any applicable RMP regulation.
Upon a State's or local authority's voluntary withdrawal of a
delegated program, in accordance with 40 CFR 63.96(b)(7), EPA is
required to publish a time for sources subject to the previously
approved State, or local, rule or program to come into compliance with
applicable Federal requirements. Because, as part of its previously
approved delegated program, ACHD incorporated the RMP regulations by
reference, there is no distinction between ACHD's previously approved
delegated program for implementing the requirements set forth at 40 CFR
part 68 and the applicable Federal requirements set forth at 40 CFR
part 68. Furthermore, EPA's delegation of authority to implement the
requirements set forth at 40 CFR part 68 to ACHD stated in relevant
part: ``Although ACHD has primary authority and responsibility to
implement and enforce the . . . chemical accident prevention
provisions, nothing shall preclude, limit, or interfere with the
authority of EPA to exercise its enforcement, investigatory, and
information gathering authorities concerning this part of the Act.''
See 67 FR 4366 (January 30, 2002); see also 40 CFR 63.96(b)(7)(iii).
Therefore, all facilities located in Allegheny County, Pennsylvania,
subject to any requirement set forth at 40 CFR part 68 are required to
maintain continuous compliance with such requirement.
This action does not affect AHCD's responsibilities under Title V
of the Clean Air Act. AHCD must continue to ensure compliance with
Title V applicable requirements, including chemical accident prevention
requirements. See 40 CFR 70.2, 68.215; 58 FR 29310. In addition,
nothing in this action changes any source's obligation to comply with
State or local laws. Affected sources may be subject to duplicative
requirements, including duplicative reporting requirements to EPA and
AHCD. This may include reporting to EPA under part 68, to the Title V
permitting authority under 40 CFR 68.215, and to ACHD under their own
rules. EPA received one set of comments in response to the June 22,
2018 NPRM. The comments did not concern any of the specific issues
raised in the NPRM, nor did they address EPA's rationale for the
proposed approval of ACHD's request. Therefore, EPA is not responding
to those comments.
III. Final Action
EPA's review of this material indicates that ACHD has completed the
regulatorily mandated process, set forth at 40 CFR 63.96(b)(7), for
voluntary withdrawal from EPA's delegation of authority to enforce the
Chemical Accident Prevention regulations set forth at 40 CFR part 68.
EPA is revising 40 CFR 63.99(a)(39)(v) to indicate ACHD's withdrawal
from EPA's delegation of authority to enforce the chemical accident
prevention provisions set forth at 40 CFR part 68.
IV. Statutory and Executive Order Reviews
A. General Requirements
This action notifies the public that ACHD has completed the process
for voluntary withdrawal from EPA's delegation of authority to enforce
the chemical accident prevention provisions set forth at 40 CFR part
68, and the action updates 40 CFR 63.99(a)(39)(v) to indicate the
withdrawal. The action does not impose additional requirements beyond
those imposed by State and Federal law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement
[[Page 7827]]
Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 6, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to ACHD's voluntary withdrawal from
EPA's delegation of authority to enforce the chemical accident
prevention regulations under the Clean Air Act (CAA) may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2)).
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 14, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 63 is amended as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 63.99 is amended by revising paragraph (a)(39)(v) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(39) * * *
(v) Allegheny County is not delegated the authority to implement
and enforce the provisions of 40 CFR part 68 and all future unchanged
amendments to 40 CFR part 68 at sources within Allegheny County, in
accordance with the final rule, dated March 5, 2019, effective April 4,
2019.
* * * * *
[FR Doc. 2019-03849 Filed 3-4-19; 8:45 am]
BILLING CODE 6560-50-P
