Air Plan Approval; Pennsylvania; Revision of the Maximum Allowable Sulfur Content Limit for Number 2 and Lighter Commercial Fuel Oil, 12404-12406 [2022-04361]
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12404
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Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Rules and Regulations
b. Remove paragraphs (d)(6) and (e).
The revisions read as follows:
§ 0.160 Offers that may be accepted by
Assistant Attorneys General.
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(d) * * *
(4) When the proposed settlement
commits a department or agency to
expend funds that Congress has not
appropriated and that have not been
budgeted for the action in question, or
commits a department or agency to seek
particular appropriation or budget
authorization; or
(5) When the proposed settlement
otherwise limits the discretion of a
department or agency to make policy or
managerial decisions committed to the
department or agency by Congress or by
the Constitution.
Dated: February 18, 2022.
Merrick B. Garland,
Attorney General.
[FR Doc. 2022–04509 Filed 3–3–22; 8:45 am]
BILLING CODE 4410–BB–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0482; FRL–9596–02–
R3]
Air Plan Approval; Pennsylvania;
Revision of the Maximum Allowable
Sulfur Content Limit for Number 2 and
Lighter Commercial Fuel Oil
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. The revision pertains to
the reduction of the maximum
allowable sulfur content limit for
Number 2 (No. 2) and lighter
commercial fuel oil, generally sold and
used for residential and commercial
furnaces and oil heat burners for home
or space heating, water heating or both,
from the current limit of 500 parts per
million (ppm) to 15 ppm. EPA is
approving this revision to the
Pennsylvania SIP in accordance with
the requirements of the Clean Air Act
(CAA).
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
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:
Mallory Moser, 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)
814–215–814–2030. Ms. Moser can also
be reached via electronic mail at
moser.mallory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 15, 2021 (86 FR 71213),
EPA published a notice of proposed
rulemaking (NPRM) that proposed
approval of a SIP revision that
incorporates the Commonwealth’s
updated low-sulfur fuel oil provisions
into the Pennsylvania SIP. The SIP
revision was submitted by Pennsylvania
on September 4, 2020, requesting that
EPA incorporate the Pennsylvania
Department of Environmental
Protection’s (PADEP’s) revisions to 25
Pennsylvania Code (Pa. Code) Chapters
123 Section 22 into the Pennsylvania
SIP. In response to the NPRM, EPA
received one comment supporting the
proposed action which can be found in
the docket. EPA received no adverse
comments.
II. Summary of SIP Revision and EPA
Analysis
The SIP revision incorporates
amendments to 25 Pa. Code Chapter 123
section 22 which set the maximum
allowable sulfur content limit for
various fuel types into the Pennsylvania
SIP. The amendments to 25 Pa. Code
Chapter 123.22, reduce the SIP
approved maximum allowable sulfur
content limit for No. 2 and lighter
commercial fuel oil, generally sold for
and used in residential and commercial
furnaces and oil heat burners for home
DATES: This final rule is effective on
or space heating, water heating, or both,
April 4, 2022.
from a limit of 500 ppm of sulfur to 15
ADDRESSES: EPA has established a
ppm. The amendments to 25 Pa. 123.22,
docket for this action under Docket ID
became effective on September 1, 2020.
The low-sulfur fuel oil provisions will
Number EPA–R03–OAR–2021–0482. All
aid in reducing regional haze and
documents in the docket are listed on
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visibility impairment in Pennsylvania.
Additionally, decreased emissions of
sulfur dioxide (SO2) will contribute to
the attainment, maintenance, or both, of
the SO2 and fine particulate matter
(PM2.5) National Ambient Air Quality
Standards (NAAQS) in Pennsylvania
and surrounding areas. Other specific
requirements of the SIP revision and the
rationale for EPA’s proposed action are
explained in the NPRM and will not be
restated here. Relevant support
documents for this action are available
online at https://www.regulations.gov,
Docket number EPA–R03–OAR–2021–
0482.
III. EPA’s Response to Comments
Received
EPA received one comment, from the
State of New Jersey, supporting our
proposed action in the December 15,
2021, NPRM. The comment received is
in the docket for this rulemaking action.
We received no adverse comments.
IV. Final Action
EPA is approving, as a SIP revision,
the Commonwealth of Pennsylvania’s
September 4, 2020, submittal revising
the maximum allowable sulfur content
limit for No. 2 and lighter commercial
fuel oil.
V. 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 Pennsylvania’s
maximum allowable sulfur content limit
for No. 2 and lighter commercial fuel oil
regulation described in 25 Pa. Code
Chapter 123. 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.1
1 62
FR 27968 (May 22, 1997).
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Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Rules and Regulations
VI. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
State citation
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 May 3, 2022. Filing a petition
for reconsideration by the Administrator
State
effective
date
Title/subject
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, which pertains to
commercial fuel oil sulfur limits for
combustion and sale in the
Commonwealth of Pennsylvania, 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, Particulate matter, Regional
Haze, Sulfur oxides.
Dated: February 23, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(c)(1) is amended by revising the entry
for ‘‘Section 123.22(a)’’, the second
entry for ‘‘123.22(b)’’, the second entry
for ‘‘123.22(c)’’, the second entry for
‘‘123.22(d)’’, the second entry for
‘‘123.22(e)’’, and entries ‘‘Section
123.22(f)’’ and ‘‘Section 123.22(g)’’ to
read as follows:
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§ 52.2020
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Identification of plan.
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(c) * * *
(1) * * *
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Additional
explanation/
§ 52.2063 citation
EPA approval date
Title 25—Environmental Protection
Article III—Air Resources
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lotter on DSK11XQN23PROD with RULES1
Chapter 123—Standards for Contaminants
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Sulfur Compound Emissions
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Additional
explanation/
§ 52.2063 citation
Title/subject
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Section 123.22(a) ......
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Combustion units. [General provisions—air basins and nonair basins].
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07/25/20
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3/4/22, [INSERT FEDERAL REGISTER CITATION].
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Amended sections 123.22(a)
123.22(b), 123.22(c), 123.22(d),
123.22(e), 123.22(f), and 123.22(g).
Previous approval July 10, 2014.
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123.22(b) ...................
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Combustion units—Erie Air
Basin.
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07/25/20
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3/4/22, [INSERT FEDERAL REGISTER CITATION].
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Amended sections 123.22(a)
123.22(b), 123.22(c), 123.22(d),
123.22(e), 123.22(f), and 123.22(g).
Previous approval July 10, 2014.
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123.22(c) ...................
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Combustion units—Upper Beaver Valley Air Basin.
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07/25/20
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3/4/22, [INSERT FEDERAL REGISTER CITATION].
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Amended sections 123.22(a)
123.22(b), 123.22(c), 123.22(d),
123.22(e), 123.22(f), and 123.22(g).
Previous approval July 10, 2014.
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123.22(d) ...................
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Combustion units—Lower Beaver Valley Air Basin.
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07/25/20
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3/4/22 , [INSERT FEDERAL REGISTER CITATION].
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Amended sections 123.22(a)
123.22(b), 123.22(c), 123.22(d),
123.22(e), 123.22(f), and 123.22(g).
Previous approval July 10, 2014.
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123.22(e) ...................
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Combustion units—Southeast
PA Air Basin.
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07/25/20
*
3/4/22, [INSERT FEDERAL REGISTER CITATION].
Section 123.22(f) .......
Combustion units—Sampling
and testing.
07/25/20
3/4/22, [INSERT FEDERAL REGISTER CITATION].
Section 123.22(g) ......
Combustion units—Recordkeeping and reporting.
07/25/20
3/4/22, [INSERT FEDERAL REGISTER CITATION].
*
*
Amended sections 123.22(a)
123.22(b), 123.22(c), 123.22(d),
123.22(e), 123.22(f), and 123.22(g).
Previous approval July 10, 2014.
Amended sections 123.22(a)
123.22(b), 123.22(c), 123.22(d),
123.22(e), 123.22(f), and 123.22(g).
Previous approval July 10, 2014.
Amended sections 123.22(a)
123.22(b), 123.22(c), 123.22(d),
123.22(e), 123.22(f), and 123.22(g).
Previous approval July 10, 2014.
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[FR Doc. 2022–04361 Filed 3–3–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 220216–0049 and 220223–
0054;RTID 0648–XB808]
Fisheries of the Exclusive Economic
Zone Off Alaska; Sablefish Managed
Under the Individual Fishing Quota
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; opening.
AGENCY:
lotter on DSK11XQN23PROD with RULES1
State
effective
date
State citation
NMFS is opening directed
fishing for sablefish with fixed gear
managed under the Individual Fishing
SUMMARY:
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16:05 Mar 03, 2022
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Quota (IFQ) Program and the
Community Development Quota (CDQ)
Program. The season will open 1200
hours, Alaska local time (A.l.t.), March
6, 2022, and will close 1200 hours,
A.l.t., December 7, 2022. This period is
the same as the 2022 commercial
halibut fishery opening dates adopted
by the International Pacific Halibut
Commission. The IFQ and CDQ halibut
season is specified by a separate
publication in the Federal Register of
annual management measures.
DATES: Effective 1200 hours, A.l.t.,
March 6, 2022, until 1200 hours, A.l.t.,
December 7, 2022.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: Beginning
in 1995, fishing for Pacific halibut and
sablefish with fixed gear in the IFQ
regulatory areas defined in 50 CFR 679.2
has been managed under the IFQ
Program. The IFQ Program is a
regulatory regime designed to promote
the conservation and management of
these fisheries and to further the
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objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act and the Northern Pacific Halibut
Act. Persons holding quota share receive
an annual allocation of IFQ. Persons
receiving an annual allocation of IFQ
are authorized to harvest IFQ species
within specified limitations. Further
information on the implementation of
the IFQ Program, and the rationale
supporting it, are contained in the
preamble to the final rule implementing
the IFQ Program published in the
Federal Register, November 9, 1993 (58
FR 59375) and subsequent amendments.
This announcement is consistent with
§ 679.23(g)(1), which requires that the
directed fishing season for sablefish
managed under the IFQ Program be
specified by the Administrator, Alaska
Region, and announced by publication
in the Federal Register. This method of
season announcement was selected to
facilitate coordination between the
sablefish season, chosen by the
Administrator, Alaska Region, and the
halibut season, adopted by the
E:\FR\FM\04MRR1.SGM
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Agencies
[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Rules and Regulations]
[Pages 12404-12406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04361]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0482; FRL-9596-02-R3]
Air Plan Approval; Pennsylvania; Revision of the Maximum
Allowable Sulfur Content Limit for Number 2 and Lighter Commercial Fuel
Oil
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. The revision pertains to the reduction of the maximum
allowable sulfur content limit for Number 2 (No. 2) and lighter
commercial fuel oil, generally sold and used for residential and
commercial furnaces and oil heat burners for home or space heating,
water heating or both, from the current limit of 500 parts per million
(ppm) to 15 ppm. EPA is approving this revision to the Pennsylvania SIP
in accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on April 4, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0482. 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: Mallory Moser, 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-
215-814-2030. Ms. Moser can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On December 15, 2021 (86 FR 71213), EPA published a notice of
proposed rulemaking (NPRM) that proposed approval of a SIP revision
that incorporates the Commonwealth's updated low-sulfur fuel oil
provisions into the Pennsylvania SIP. The SIP revision was submitted by
Pennsylvania on September 4, 2020, requesting that EPA incorporate the
Pennsylvania Department of Environmental Protection's (PADEP's)
revisions to 25 Pennsylvania Code (Pa. Code) Chapters 123 Section 22
into the Pennsylvania SIP. In response to the NPRM, EPA received one
comment supporting the proposed action which can be found in the
docket. EPA received no adverse comments.
II. Summary of SIP Revision and EPA Analysis
The SIP revision incorporates amendments to 25 Pa. Code Chapter 123
section 22 which set the maximum allowable sulfur content limit for
various fuel types into the Pennsylvania SIP. The amendments to 25 Pa.
Code Chapter 123.22, reduce the SIP approved maximum allowable sulfur
content limit for No. 2 and lighter commercial fuel oil, generally sold
for and used in residential and commercial furnaces and oil heat
burners for home or space heating, water heating, or both, from a limit
of 500 ppm of sulfur to 15 ppm. The amendments to 25 Pa. 123.22, became
effective on September 1, 2020.
The low-sulfur fuel oil provisions will aid in reducing regional
haze and visibility impairment in Pennsylvania. Additionally, decreased
emissions of sulfur dioxide (SO2) will contribute to the
attainment, maintenance, or both, of the SO2 and fine
particulate matter (PM2.5) National Ambient Air Quality
Standards (NAAQS) in Pennsylvania and surrounding areas. Other specific
requirements of the SIP revision and the rationale for EPA's proposed
action are explained in the NPRM and will not be restated here.
Relevant support documents for this action are available online at
https://www.regulations.gov, Docket number EPA-R03-OAR-2021-0482.
III. EPA's Response to Comments Received
EPA received one comment, from the State of New Jersey, supporting
our proposed action in the December 15, 2021, NPRM. The comment
received is in the docket for this rulemaking action. We received no
adverse comments.
IV. Final Action
EPA is approving, as a SIP revision, the Commonwealth of
Pennsylvania's September 4, 2020, submittal revising the maximum
allowable sulfur content limit for No. 2 and lighter commercial fuel
oil.
V. 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
Pennsylvania's maximum allowable sulfur content limit for No. 2 and
lighter commercial fuel oil regulation described in 25 Pa. Code Chapter
123. 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.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
[[Page 12405]]
VI. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 3, 2022. 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, which pertains to commercial fuel oil sulfur
limits for combustion and sale in the Commonwealth of Pennsylvania, 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, Particulate matter, Regional Haze, Sulfur oxides.
Dated: February 23, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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)(1) is amended by
revising the entry for ``Section 123.22(a)'', the second entry for
``123.22(b)'', the second entry for ``123.22(c)'', the second entry for
``123.22(d)'', the second entry for ``123.22(e)'', and entries
``Section 123.22(f)'' and ``Section 123.22(g)'' to read as follows:
Sec. 52.2020 Identification of plan.
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(c) * * *
(1) * * *
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State Additional
State citation Title/subject effective EPA approval date explanation/ Sec.
date 52.2063 citation
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Title 25--Environmental Protection
Article III--Air Resources
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Chapter 123--Standards for Contaminants
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Sulfur Compound Emissions
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[[Page 12406]]
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Section 123.22(a).............. Combustion units. 07/25/20 3/4/22, [INSERT Amended sections
[General FEDERAL REGISTER 123.22(a)
provisions--air CITATION]. 123.22(b),
basins and non-air 123.22(c),
basins]. 123.22(d),
123.22(e),
123.22(f), and
123.22(g).
Previous approval
July 10, 2014.
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123.22(b)...................... Combustion units-- 07/25/20 3/4/22, [INSERT Amended sections
Erie Air Basin. FEDERAL REGISTER 123.22(a)
CITATION]. 123.22(b),
123.22(c),
123.22(d),
123.22(e),
123.22(f), and
123.22(g).
Previous approval
July 10, 2014.
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123.22(c)...................... Combustion units-- 07/25/20 3/4/22, [INSERT Amended sections
Upper Beaver Valley FEDERAL REGISTER 123.22(a)
Air Basin. CITATION]. 123.22(b),
123.22(c),
123.22(d),
123.22(e),
123.22(f), and
123.22(g).
Previous approval
July 10, 2014.
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123.22(d)...................... Combustion units-- 07/25/20 3/4/22 , [INSERT Amended sections
Lower Beaver Valley FEDERAL REGISTER 123.22(a)
Air Basin. CITATION]. 123.22(b),
123.22(c),
123.22(d),
123.22(e),
123.22(f), and
123.22(g).
Previous approval
July 10, 2014.
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123.22(e)...................... Combustion units-- 07/25/20 3/4/22, [INSERT Amended sections
Southeast PA Air FEDERAL REGISTER 123.22(a)
Basin. CITATION]. 123.22(b),
123.22(c),
123.22(d),
123.22(e),
123.22(f), and
123.22(g).
Previous approval
July 10, 2014.
Section 123.22(f).............. Combustion units-- 07/25/20 3/4/22, [INSERT Amended sections
Sampling and FEDERAL REGISTER 123.22(a)
testing. CITATION]. 123.22(b),
123.22(c),
123.22(d),
123.22(e),
123.22(f), and
123.22(g).
Previous approval
July 10, 2014.
Section 123.22(g).............. Combustion units-- 07/25/20 3/4/22, [INSERT Amended sections
Recordkeeping and FEDERAL REGISTER 123.22(a)
reporting. CITATION]. 123.22(b),
123.22(c),
123.22(d),
123.22(e),
123.22(f), and
123.22(g).
Previous approval
July 10, 2014.
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[FR Doc. 2022-04361 Filed 3-3-22; 8:45 am]
BILLING CODE 6560-50-P