Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County Administrative Revisions to Definitions, Remedies, and Enforcement Orders Sections and Incorporation by Reference of National Ambient Air Quality Standards, 19668-19670 [2020-06588]
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19668
Federal Register / Vol. 85, No. 68 / Wednesday, April 8, 2020 / Rules and Regulations
PART 202—PREREGISTRATION AND
REGISTRATION OF CLAIMS TO
COPYRIGHT
10. The authority citation for part 202
continues to read as follows:
■
Authority: 17 U.S.C. 408(f), 702.
11. Amend § 202.3 by revising
paragraph (b)(5)(ii)(A) to read as
follows:
■
§ 202.3
Registration of copyright.
*
*
*
*
*
(b) * * *
(5) * * *
(ii) * * *
(A) A form that best reflects the
subject matter of the material in the
database as set forth in paragraph
(b)(2)(ii)(A) of this section, completed in
accordance with the instructions
provided by the Copyright Office on its
website or in materials published by the
Office. Applications for group
registration of an automated database
consisting predominantly of
photographs may be submitted
electronically only after consultation
and with the permission and under the
direction of the Visual Arts Division.
*
*
*
*
*
§ 202.5
12. Amend § 202.5 by:
a. In paragraph (b)(3), removing ‘‘or’’
after the word ‘‘postmarked’’ and adding
a comma in its place and adding ‘‘, or
otherwise received by the Office,’’ after
the word ‘‘messenger’’.
■ b. In paragraph (c)(3), removing ‘‘or’’
after the word ‘‘postmarked’’ and adding
a comma in its place and adding ‘‘, or
otherwise received by the Office,’’ after
the word ‘‘messenger’’.
[Amended]
13. Amend § 202.6(e)(4) by removing
the words ‘‘a paper’’ and adding in their
place the word ‘‘an’’.
■
§ 202.12
[Amended]
14. Amend § 202.12(c)(1) by adding
‘‘or electronically, in accordance with
instructions for submission and
payment provided on the Office’s
website or Form GATT itself’’ after ‘‘by
mail’’.
■
§ 202.17
[Amended]
15. Amend § 202.17(g)(1) by removing
‘‘mailed to the address specified’’ and
adding in its place ‘‘sent in the manner
prescribed’’.
lotter on DSKBCFDHB2PROD with RULES
■
§ 202.23
[Amended]
16. Amend § 202.23(b)(2) by:
a. Removing the words ‘‘at the address
specified’’ and adding in their place the
words ‘‘in the manner prescribed’’.
■
■
VerDate Sep<11>2014
19:34 Apr 07, 2020
Dated: April 2, 2020.
Maria Strong,
Acting Register of Copyrights and Director
of the U.S. Copyright Office.
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2020–07353 Filed 4–7–20; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0483; FRL–10005–
16–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County
Administrative Revisions to
Definitions, Remedies, and
Enforcement Orders Sections and
Incorporation by Reference of National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
[Amended]
■
■
§ 202.6
b. Removing the words ‘‘be signed by’’
and adding in their place ‘‘include a
legally binding signature, including an
electronic signature as defined in 15
U.S.C. 7006, of’’.
■
Jkt 250001
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania on behalf of Allegheny
County. These revisions include
administrative amendments made to the
Allegheny County Health Department
(ACHD) Rules and Regulations, Article
XXI, Air Pollution Control. Specifically,
the revisions added a definition for
‘‘County Council;’’ deleted its current
listing of ambient air quality standards
and added, through incorporation by
reference, all national ambient air
quality standards (NAAQS)
promulgated by EPA; revised references
to the ‘‘Board of County
Commissioners’’ to ‘‘County Executive’’
or ‘‘County Council;’’ added the
‘‘Manager of the Air Quality Program or
their respective designee’’ as a signatory
for enforcement orders; and revised a
reference from the ‘‘Bureau of
Environmental Quality Division of Air
Quality’’ to ‘‘Air Quality Program of the
Department.’’ This action is being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on
May 8, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0483. All
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
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
Malone, 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) 814–2190.
Ms. Malone can also be reached via
electronic mail at Malone.Erin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 13, 2019 (84 FR 61592),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of
administrative and definition
amendments, as well as incorporation
by reference of the NAAQS, to ACHD
Rules and Regulations, Article XXI, Air
Pollution Control. The formal SIP
revision was submitted by
Pennsylvania, on behalf of Allegheny
County, on February 15, 2019.1
II. Summary of SIP Revision and EPA
Analysis
The February 15, 2019 submittal
includes amended versions of ACHD
Rules and Regulations, Article XXI, Air
Pollution Control, sections 2101.10
Ambient Air Quality Standards, 2101.20
Definitions, 2109.02 Remedies, and
2109.03 Enforcement Orders. The
amendment to section 2101.10 removed
ACHD’s existing SIP approved list of
NAAQS and added, through
incorporation by reference, all NAAQS
promulgated by the EPA under the CAA
at 40 CFR part 50. The amendment to
section 2101.20 added the following
definition for County Council, ‘‘ ‘County
Council’ means the Council of
Allegheny County, Pennsylvania.’’ The
1 On April 28, 2017, ACHD submitted Revision 73
to the Pennsylvania Department of Environmental
Protection (PADEP). PADEP, on behalf of Allegheny
County, also submitted a clarification letter dated
June 24, 2019 to EPA to further clarify the revisions
to sections 2101.10 and 2101.20 of Article XXI of
ACHD’s Rules and Regulations.
E:\FR\FM\08APR1.SGM
08APR1
Federal Register / Vol. 85, No. 68 / Wednesday, April 8, 2020 / Rules and Regulations
amendments to section 2109.02 revised
the reference to ‘‘Board of County
Commissioners’’ to ‘‘County Executive’’
in paragraphs (a)(5) and (6).
Other specific requirements and the
rationale for EPA’s proposed action are
explained in the NPRM and Technical
Support Document (TSD) and will not
be restated here. No adverse comments
were received on the NPRM.
III. Final Action
EPA is approving the February 15,
2019 submittal, which includes
administrative deletions, additions, and
revisions to ACHD Rules and
Regulations, Article XXI, Air Pollution
Control, sections 2101.10 Ambient Air
Quality Standards, 2101.20 Definitions,
2109.02 Remedies, and 2109.03
Enforcement Orders, as a revision to the
Pennsylvania 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 the ACHD Rules and
Regulations, Article XXI, sections
2101.10 Ambient Air Quality Standards,
2101.20 Definitions, 2109.02 Remedies,
and 2109.03 Enforcement Orders
described in the amendments to 40 CFR
part 52 set forth below.
EPA has made, and will continue to
make, these materials generally
available through https://
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
incorporated by reference in the next
update to the SIP compilation.2
lotter on DSKBCFDHB2PROD 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
2 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
19:34 Apr 07, 2020
Jkt 250001
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.
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
PO 00000
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Fmt 4700
Sfmt 4700
19669
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 June 8, 2020. 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 revising the Pennsylvania
SIP to reflect amendments to ACHD
Rules and Regulations, Article XXI, Air
Pollution Control, sections 2101.10
Ambient Air Quality Standards, 2101.20
Definitions, 2109.02 Remedies, and
2109.03 Enforcement Orders 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 10, 2020.
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)(2) is amended by:
■ a. Under ‘‘Part A—General’’:
■
E:\FR\FM\08APR1.SGM
08APR1
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Federal Register / Vol. 85, No. 68 / Wednesday, April 8, 2020 / Rules and Regulations
i. Removing the entry for ‘‘2101.10’’
and adding in its place an entry for
‘‘2101.10(except paragraph b)’’;
■ ii. Adding an eleventh entry for
‘‘2120.20;
■ b. Under ‘‘Part I—Enforcement’’:
i. Revising the entry for ‘‘2109.02
(except paragraph.02.a.7)’’; and
■ ii. Removing the entry ‘‘2109.03a.
(introductory sentence), b. through f’’,
and adding in its place an entry for
‘‘2109.03 (except under a. subsections 1,
2, 3)’’.
■
Article XX or XXI citation
■
State
effective date
Title/subject
The revision and additions read as
follows:
§ 52.2020
*
Identification of plan.
*
*
(c) * * *
(2) * * *
*
*
EPA approval
date
Additional explanation/
§ 52.2063 citation
*
4/8/20, [Insert
Federal
Register
citation].
*
*
This action is only approving the ACHD
incorporations of EPA NAAQS under
40 CFR part 50 cited under this section.
*
4/8/20, [Insert
Federal
Register
citation].
*
*
Addition of definition for ‘‘County Council.’’
Part A—General
*
2101.10 (except paragraph
b).
*
*
Ambient Air Quality Standards.
*
9/25/13
*
*
*
2101.20 ............................... Definitions ..........................
*
*
*
9/25/13
*
*
*
*
*
Part I—Enforcement
*
2109.02 (except paragraph.02.a.7).
*
*
Remedies ...........................
2109.03 (except under a.
subsections 1, 2, 3).
Enforcement Orders ..........
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2019–0522; FRL–10007–
21–Region 5]
lotter on DSKBCFDHB2PROD with RULES
Air Plan Approval; Ohio; Revisions to
NOX SIP Call Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving under the
Clean Air Act (CAA) a request from the
SUMMARY:
19:34 Apr 07, 2020
9/25/13
9/25/13
*
[FR Doc. 2020–06588 Filed 4–7–20; 8:45 am]
VerDate Sep<11>2014
*
Jkt 250001
*
*
4/8/20, [Insert
Federal
Register
citation].
4/8/20, [Insert
Federal
Register
citation].
Frm 00020
Fmt 4700
Paragraph (b) was revised to add ‘‘or the
Manager of the Air Quality Program, or
their respective designee’’ as an additional signatory option on enforcement
orders. In paragraph (d) ‘‘Board of
County Commissioners’’ was changed
to ‘‘County Council.’’ In paragraph
(d)(1), ‘‘Bureau of Environmental Quality Division of Air Quality’’ was
changed to ‘‘Air Quality Program of the
Department.’’ (c)(192).
*
Ohio Environmental Protection Agency
(Ohio EPA) to revise the Ohio State
Implementation Plan (SIP) to
incorporate revisions to Ohio
Administrative Code (OAC) Chapter
3745–14 regarding the Nitrogen Oxides
(NOX) SIP Call. This SIP revision
approves additional monitoring options
for certain covered sources for NOX SIP
Call purposes.
DATES: This final rule is effective on
April 8, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2019–0522. 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
PO 00000
*
*
Changed references of ‘‘Board of County
Commissioners’’ to ‘‘County Executive.’’ (c)(192).
Sfmt 4700
*
*
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
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Eric
Svingen, Environmental Engineer, at
(312) 353–4489 before visiting the
Region 5 office.
Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\08APR1.SGM
08APR1
]]>Agencies
[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Rules and Regulations]
[Pages 19668-19670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06588]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0483; FRL-10005-16-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Administrative Revisions to Definitions,
Remedies, and Enforcement Orders Sections and Incorporation by
Reference of National Ambient Air Quality Standards
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 on behalf of Allegheny County. These revisions include
administrative amendments made to the Allegheny County Health
Department (ACHD) Rules and Regulations, Article XXI, Air Pollution
Control. Specifically, the revisions added a definition for ``County
Council;'' deleted its current listing of ambient air quality standards
and added, through incorporation by reference, all national ambient air
quality standards (NAAQS) promulgated by EPA; revised references to the
``Board of County Commissioners'' to ``County Executive'' or ``County
Council;'' added the ``Manager of the Air Quality Program or their
respective designee'' as a signatory for enforcement orders; and
revised a reference from the ``Bureau of Environmental Quality Division
of Air Quality'' to ``Air Quality Program of the Department.'' This
action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on May 8, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0483. 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 Malone, 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) 814-2190. Ms. Malone can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 13, 2019 (84 FR 61592), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of administrative and definition
amendments, as well as incorporation by reference of the NAAQS, to ACHD
Rules and Regulations, Article XXI, Air Pollution Control. The formal
SIP revision was submitted by Pennsylvania, on behalf of Allegheny
County, on February 15, 2019.\1\
---------------------------------------------------------------------------
\1\ On April 28, 2017, ACHD submitted Revision 73 to the
Pennsylvania Department of Environmental Protection (PADEP). PADEP,
on behalf of Allegheny County, also submitted a clarification letter
dated June 24, 2019 to EPA to further clarify the revisions to
sections 2101.10 and 2101.20 of Article XXI of ACHD's Rules and
Regulations.
---------------------------------------------------------------------------
II. Summary of SIP Revision and EPA Analysis
The February 15, 2019 submittal includes amended versions of ACHD
Rules and Regulations, Article XXI, Air Pollution Control, sections
2101.10 Ambient Air Quality Standards, 2101.20 Definitions, 2109.02
Remedies, and 2109.03 Enforcement Orders. The amendment to section
2101.10 removed ACHD's existing SIP approved list of NAAQS and added,
through incorporation by reference, all NAAQS promulgated by the EPA
under the CAA at 40 CFR part 50. The amendment to section 2101.20 added
the following definition for County Council, `` `County Council' means
the Council of Allegheny County, Pennsylvania.'' The
[[Page 19669]]
amendments to section 2109.02 revised the reference to ``Board of
County Commissioners'' to ``County Executive'' in paragraphs (a)(5) and
(6).
Other specific requirements and the rationale for EPA's proposed
action are explained in the NPRM and Technical Support Document (TSD)
and will not be restated here. No adverse comments were received on the
NPRM.
III. Final Action
EPA is approving the February 15, 2019 submittal, which includes
administrative deletions, additions, and revisions to ACHD Rules and
Regulations, Article XXI, Air Pollution Control, sections 2101.10
Ambient Air Quality Standards, 2101.20 Definitions, 2109.02 Remedies,
and 2109.03 Enforcement Orders, as a revision to the Pennsylvania 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 the ACHD
Rules and Regulations, Article XXI, sections 2101.10 Ambient Air
Quality Standards, 2101.20 Definitions, 2109.02 Remedies, and 2109.03
Enforcement Orders described in the amendments to 40 CFR part 52 set
forth below.
EPA has made, and will continue to make, these materials generally
available through https://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 incorporated by reference in the next update to the SIP
compilation.\2\
---------------------------------------------------------------------------
\2\ 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);
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.
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 June 8, 2020. 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 revising the Pennsylvania SIP to reflect amendments to
ACHD Rules and Regulations, Article XXI, Air Pollution Control,
sections 2101.10 Ambient Air Quality Standards, 2101.20 Definitions,
2109.02 Remedies, and 2109.03 Enforcement Orders 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 10, 2020.
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)(2) is amended by:
0
a. Under ``Part A--General'':
[[Page 19670]]
0
i. Removing the entry for ``2101.10'' and adding in its place an entry
for ``2101.10(except paragraph b)'';
0
ii. Adding an eleventh entry for ``2120.20;
0
b. Under ``Part I--Enforcement'':
0
i. Revising the entry for ``2109.02 (except paragraph.02.a.7)''; and
0
ii. Removing the entry ``2109.03a. (introductory sentence), b. through
f'', and adding in its place an entry for ``2109.03 (except under a.
subsections 1, 2, 3)''.
The revision and additions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
Additional
explanation/ Sec.
Article XX or XXI citation Title/subject State effective date EPA approval date 52.2063
citation
----------------------------------------------------------------------------------------------------------------
Part A--General
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2101.10 (except paragraph b).. Ambient Air 9/25/13 4/8/20, [Insert This action is
Quality Federal Register only approving
Standards. citation]. the ACHD
incorporations
of EPA NAAQS
under 40 CFR
part 50 cited
under this
section.
* * * * * * *
2101.20....................... Definitions...... 9/25/13 4/8/20, [Insert Addition of
Federal Register definition for
citation]. ``County
Council.''
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part I--Enforcement
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2109.02 (except Remedies......... 9/25/13 4/8/20, [Insert Changed
paragraph.02.a.7). Federal Register references of
citation]. ``Board of
County
Commissioners''
to ``County
Executive.''
(c)(192).
2109.03 (except under a. Enforcement 9/25/13 4/8/20, [Insert Paragraph (b) was
subsections 1, 2, 3). Orders. Federal Register revised to add
citation]. ``or the Manager
of the Air
Quality Program,
or their
respective
designee'' as an
additional
signatory option
on enforcement
orders. In
paragraph (d)
``Board of
County
Commissioners''
was changed to
``County
Council.'' In
paragraph
(d)(1), ``Bureau
of Environmental
Quality Division
of Air Quality''
was changed to
``Air Quality
Program of the
Department.''
(c)(192).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-06588 Filed 4-7-20; 8:45 am]
BILLING CODE 6560-50-P
