Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Commercial Fuel Oil Sulfur Limits for Combustion Units in Philadelphia County, 25178-25180 [2019-11171]
Download as PDF
<![CDATA[
25178
Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations
zone, all vessels shall operate at the
minimum speed necessary to maintain a
safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.939 and
5 U.S.C. 552 (a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Buffalo determines that the
safety zone need not be enforced for the
full duration stated in this notification
he or she may use a Broadcast Notice to
Mariners to grant general permission to
enter the respective safety zone.
Dated: May 23, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2019–11374 Filed 5–30–19; 8:45 am]
BILLING CODE 9110–04–P
I. Background
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0722; FRL–9994–40Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Commercial Fuel Oil
Sulfur Limits for Combustion Units in
Philadelphia County
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania (Pennsylvania). The
revision updates Philadelphia County’s
portion of the Pennsylvania SIP, which
includes regulations concerning sulfur
content in fuel oil. Implementation of
these provisions will reduce the amount
of sulfur in fuel oils used in combustion
units in Philadelphia County. EPA is
approving these revisions to the
Pennsylvania SIP in accordance with
the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on July
1, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0722. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
khammond on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:55 May 30, 2019
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: Erin
Trouba, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2023.
Ms. Trouba can also be reached via
electronic mail at trouba.erin@epa.gov.
SUPPLEMENTARY INFORMATION:
Jkt 247001
On March 19, 2019 (84 FR 9991), EPA
published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of lower
commercial fuel oil sulfur limits for
combustion and sale in Philadelphia
County into the Pennsylvania SIP. The
formal SIP revision was submitted by
the City of Philadelphia, Air
Management Services (AMS) through
the Pennsylvania Department of
Environmental Protection (PADEP) on
June 21, 2018. The SIP revision consists
of an amendment to 40 CFR
52.2020(c)(3), the Philadelphia County
portion of the SIP, in order to
implement provisions for lower sulfur
levels in commercial fuel oil in
Philadelphia County.
II. Summary of SIP Revision and EPA
Analysis
Through its June 2018 SIP revision
submittal, Pennsylvania sought to revise
its SIP by including amendments to
Section 3–207 of the Air Management
Code (AMC), as well as Sections I, II,
and III of Air Management Regulation
(AMR) III (Control of Emissions of
Oxides and Sulfur Compounds). The
revision lowers the maximum allowable
sulfur content in number 2 and lighter
fuel oils from 0.2 percent (%) by weight
(2,000 parts per million (ppm)) to
0.0015% by weight (15 ppm) and lowers
the maximum allowable sulfur content
in number 4 fuel oils from 0.3% by
weight (3,000 ppm) to 0.25% by weight
(2,500 ppm).
The revision also lowers the
permissible sulfur dioxide (SO2)
emissions from the combustion of
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
number 4 fuel oils and lowers the sulfur
oxides emission limit to 0.4 ppm for any
5-minute period when measured at
ground level. The revision allows
commercial fuel oil stored by the
ultimate consumer at its facility prior to
the applicable compliance date, July 1,
2015, to be used after that applicable
compliance date, if the fuel oil met the
applicable maximum allowable sulfur
content at the time it was stored,
provided that certain conditions are
met. Also included in the revised
provisions are exemptions for using
noncompliant fuel oil beyond July 1,
2020 and an emergency conditions
provision.
Other specific requirements of lower
commercial fuel oil sulfur limits for
combustion and sale in Philadelphia
County and the rationale for EPA’s
proposed action are explained in the
NPRM, which is available in the docket
for this rulemaking located at https://
www.regulations.gov, Docket ID Number
EPA–R03–OAR–2018–0722. No adverse
public comments were received on the
NPRM. Two identical positive public
comments were received.
III. Final Action
EPA is approving Pennsylvania’s June
21, 2018 SIP submittal that lowers
commercial fuel oil sulfur limits for
combustion units in Philadelphia
County as a revision to the Pennsylvania
SIP. With this approval, EPA will
incorporate amended AMC Section 3–
207 and AMR III Sections I, II, and III
into the Commonwealth of
Pennsylvania’s SIP.
IV. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of lower commercial fuel
oil sulfur limits for combustion units in
Philadelphia County discussed in
Sections I and II of this action. EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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
E:\FR\FM\31MYR1.SGM
31MYR1
Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations
incorporated by reference in the next
update to the SIP compilation.1
V. Statutory and Executive Order
Reviews
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted 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);
Rule citation
• 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.
VI. 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
State
effective
date
Title/subject
25179
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 30, 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 regarding
commercial fuel oil sulfur limits for
combustion and sale in Philadelphia
County 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, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: May 17, 2019.
Cosmo Servidio,
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)(3) is amended by revising:
■ a. Under ‘‘Title 3-Air Management
Code’’ an entry ‘‘Chapter 3–200’’; and
■ b. Under ‘‘Regulation III’’, entries
‘‘Section I’’, ‘‘Section II’’, and ‘‘Section
III’’.
The revisions read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(c) * * *
(3)* * *
*
*
Additional explanation/§ 52.2063
citation
EPA approval date
Title 3—Air Management Code
khammond on DSKBBV9HB2PROD with RULES
*
Chapter 3–200 ..
1 62
*
*
Prohibited Conduct .......................
*
06/18/15
*
5/31/2019, Insert Federal Register citation].
*
*
Section 3–207 was amended to
lower the allowable sulfur content in fuel oils in Philadelphia
County.
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
15:55 May 30, 2019
Jkt 247001
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
E:\FR\FM\31MYR1.SGM
31MYR1
25180
Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations
Rule citation
State
effective
date
Title/subject
*
*
*
Additional explanation/§ 52.2063
citation
EPA approval date
*
*
*
*
*
*
Regulation III—The Control of Emissions of Oxides and Sulfur Compounds
Section I ............
No Title [General Provisions] ........
11/25/15
Section II ...........
Control of Sulfur Compound Emissions.
Control of Sulfur in Fuels ..............
11/25/15
Section III ..........
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–1092; FRL–9994–65–
Region 5]
Air Plan Approval; Michigan; Permit To
Install Public Hearing Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving certain
changes to the Michigan State
Implementation Plan (SIP). This action
relates to changes to the Permit to Install
requirements for public participation of
permitting actions. Additionally, the
action contains changes to the rule
which address permit emission limits
that are enforceable as a practical
matter.
DATES: This final rule is effective on July
1, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2007–1092. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
khammond on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:55 May 30, 2019
11/25/15
*
[FR Doc. 2019–11171 Filed 5–30–19; 8:45 am]
Jkt 247001
5/31/2019, Insert Federal Register citation].
5/31/2019, Insert Federal Register citation].
5/31/2019, Insert Federal Register citation].
*
*
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone
Constantine Blathras, Environmental
Engineer, at (312) 886–0671 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Constantine Blathras, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–0671,
Blathras.constantine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. State Submittal
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Section 110(a)(2)(C) of the Clean Air
Act requires that the SIP include a
program to provide for the ‘‘regulation
of the modification and construction of
any stationary source within the areas
covered by the plan as necessary to
assure that national ambient air quality
standards are achieved.’’ This includes
a program for permitting construction
and modification of both major and
minor sources that the state deems
necessary to protect air quality. The
State of Michigan’s minor source permit
to install rules are contained in Part 2
(Air Use Approval) of the Michigan
Administrative Code. Changes to the
Part 2 rules were submitted on
November 12, 1993; May 16, 1996; April
3, 1998; September 2, 2003; March 24,
2009; and February 28, 2017.
Michigan originally submitted its
Michigan R 336.1205 (rule 205) as a
revision to its Part 2 SIP on May 16,
1996. The most recent version of rule
205 was submitted to EPA on March 24,
2009 and has a State effective date of
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
June 20, 2008. EPA published a
proposed approval of all Part 2 changes,
except rule 205, on August 15, 2017 (82
FR 38651). EPA took no action to
approve rule 205 at that time. Most
recently, EPA approved changes to the
Part 2 rules (except rule 205) in a final
approval dated August 31, 2018 (83 FR
44485). In this action, EPA is approving
revisions to the SIP for Michigan rule
205 and 324.5511(3) of the Michigan
Natural Resources and Environmental
Protection Act. Rule 205 is titled
‘‘Permit to install; approval.’’ and is a
section of the Part 2 air use approval
rules of the Michigan Administrative
Code that specifies the public
participation requirements for issuance
of air pollutant construction permits.
Michigan Act 451, Part 55, section
324.5511(3) defines the permitting
actions requiring public comment and
public hearing opportunities.
II. State Submittal
(1) R 336.1205 (Rule 205) of Michigan’s
Part 2 Air Permit Rules
Rule 205 requires permits to install
which include limitations that restrict
the potential to emit from a stationary
source, process, or process equipment to
a quantity below that which would
otherwise constitute a major source or
major modification under any part of
the Part 2 air permit rules. Permits to
install must contain adequate emission
limits that are enforceable as a practical
matter; with a consideration to the timeperiod, production, emission, usage
and/or operational limits that restrict
the source’s potential to emit in order to
demonstrate compliance.
Michigan rule 205 describes the
content and public participation process
for the Michigan Department of
Environmental Quality (MDEQ), as the
permitting authority, to act on certain
permits which need to be ‘‘federally
enforceable’’ or enforceable as a
practical matter. Additionally, the rule
also prescribes these requirements for
E:\FR\FM\31MYR1.SGM
31MYR1
]]>Agencies
[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Rules and Regulations]
[Pages 25178-25180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11171]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0722; FRL-9994-40-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Commercial Fuel Oil Sulfur Limits for Combustion Units in
Philadelphia County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania (Pennsylvania). The revision updates Philadelphia County's
portion of the Pennsylvania SIP, which includes regulations concerning
sulfur content in fuel oil. Implementation of these provisions will
reduce the amount of sulfur in fuel oils used in combustion units in
Philadelphia County. EPA is approving these revisions to the
Pennsylvania SIP in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on July 1, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0722. 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: Erin Trouba, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-2023. Ms. Trouba can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 19, 2019 (84 FR 9991), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM,
EPA proposed approval of lower commercial fuel oil sulfur limits for
combustion and sale in Philadelphia County into the Pennsylvania SIP.
The formal SIP revision was submitted by the City of Philadelphia, Air
Management Services (AMS) through the Pennsylvania Department of
Environmental Protection (PADEP) on June 21, 2018. The SIP revision
consists of an amendment to 40 CFR 52.2020(c)(3), the Philadelphia
County portion of the SIP, in order to implement provisions for lower
sulfur levels in commercial fuel oil in Philadelphia County.
II. Summary of SIP Revision and EPA Analysis
Through its June 2018 SIP revision submittal, Pennsylvania sought
to revise its SIP by including amendments to Section 3-207 of the Air
Management Code (AMC), as well as Sections I, II, and III of Air
Management Regulation (AMR) III (Control of Emissions of Oxides and
Sulfur Compounds). The revision lowers the maximum allowable sulfur
content in number 2 and lighter fuel oils from 0.2 percent (%) by
weight (2,000 parts per million (ppm)) to 0.0015% by weight (15 ppm)
and lowers the maximum allowable sulfur content in number 4 fuel oils
from 0.3% by weight (3,000 ppm) to 0.25% by weight (2,500 ppm).
The revision also lowers the permissible sulfur dioxide
(SO2) emissions from the combustion of number 4 fuel oils
and lowers the sulfur oxides emission limit to 0.4 ppm for any 5-minute
period when measured at ground level. The revision allows commercial
fuel oil stored by the ultimate consumer at its facility prior to the
applicable compliance date, July 1, 2015, to be used after that
applicable compliance date, if the fuel oil met the applicable maximum
allowable sulfur content at the time it was stored, provided that
certain conditions are met. Also included in the revised provisions are
exemptions for using noncompliant fuel oil beyond July 1, 2020 and an
emergency conditions provision.
Other specific requirements of lower commercial fuel oil sulfur
limits for combustion and sale in Philadelphia County and the rationale
for EPA's proposed action are explained in the NPRM, which is available
in the docket for this rulemaking located at https://www.regulations.gov, Docket ID Number EPA-R03-OAR-2018-0722. No adverse
public comments were received on the NPRM. Two identical positive
public comments were received.
III. Final Action
EPA is approving Pennsylvania's June 21, 2018 SIP submittal that
lowers commercial fuel oil sulfur limits for combustion units in
Philadelphia County as a revision to the Pennsylvania SIP. With this
approval, EPA will incorporate amended AMC Section 3-207 and AMR III
Sections I, II, and III into the Commonwealth of Pennsylvania's SIP.
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of lower
commercial fuel oil sulfur limits for combustion units in Philadelphia
County discussed in Sections I and II of this action. EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). 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
[[Page 25179]]
incorporated by reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted 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 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.
VI. 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 30, 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 regarding commercial fuel oil sulfur limits for
combustion and sale in Philadelphia County 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, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: May 17, 2019.
Cosmo Servidio,
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)(3) is amended by
revising:
0
a. Under ``Title 3-Air Management Code'' an entry ``Chapter 3-200'';
and
0
b. Under ``Regulation III'', entries ``Section I'', ``Section II'', and
``Section III''.
The revisions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(3)* * *
----------------------------------------------------------------------------------------------------------------
Additional
Rule citation Title/subject State EPA approval date explanation/Sec.
effective date 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Title 3--Air Management Code
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 3-200.............. Prohibited Conduct... 06/18/15 5/31/2019, Insert Section 3-207 was
Federal Register amended to lower the
citation]. allowable sulfur
content in fuel oils
in Philadelphia
County.
[[Page 25180]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation III--The Control of Emissions of Oxides and Sulfur Compounds
----------------------------------------------------------------------------------------------------------------
Section I.................. No Title [General 11/25/15 5/31/2019, Insert .....................
Provisions]. Federal Register
citation].
Section II................. Control of Sulfur 11/25/15 5/31/2019, Insert .....................
Compound Emissions. Federal Register
citation].
Section III................ Control of Sulfur in 11/25/15 5/31/2019, Insert .....................
Fuels. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-11171 Filed 5-30-19; 8:45 am]
BILLING CODE 6560-50-P
