[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Proposed Rules]
[Pages 29085-29087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13452]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R03-OAR-2018-0304; FRL-9979-70--Region 3]


Commonwealth of Pennsylvania; Allegheny County Health Department, 
Withdrawal of Section 112(l) Delegation Authority for the Chemical 
Accident Prevention Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Environmental Protection Agency (EPA) is notifying the public 
that Allegheny County Health Department (ACHD) has completed the 
regulatory process for voluntary withdrawal from EPA's delegation of 
authority to enforce the chemical accident prevention regulations, and 
EPA is proposing to modify amendments indicating that ACHD does not 
have delegated authority to implement and enforce the regulatory 
requirements. EPA is also notifying the public that each facility 
subject to the previously approved ACHD delegated chemical accident 
prevention program is required to maintain continuous compliance with 
applicable requirements. This action is being taken under the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before July 23, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0304 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from

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Regulations.gov. For either manner of submission, EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be confidential business information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mary Cate Opila, (215) 814-2041, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 112(l) of the Clean Air Act (CAA) and 40 CFR part 63, 
subpart E, authorizes EPA to approve of State, and local, rules and 
programs to be implemented and enforced in place of certain CAA 
requirements, including the chemical accident prevention provisions set 
forth at 40 CFR part 68 (Chemical Accident Prevention Regulations). EPA 
promulgated the Chemical Accident Prevention Regulations (or risk 
management program (RMP) regulations) (RMP regulations) pursuant to CAA 
Section 112(r)(7). By letter dated June 15, 2001, ACHD requested 
delegation of authority to implement and enforce the RMP regulations 
for all sources, among other requests for delegation of other programs. 
On January 30, 2002, EPA issued a direct final rule, which became 
effective on April 1, 2002, approving ACHD's request for delegation of 
authority to implement and enforce EPA's RMP regulations, which had 
been adopted by reference from 40 CFR part 68, for all sources within 
Allegheny County, Pennsylvania, subject to such regulations. See 67 FR 
4363 (January 30, 2002).
    The procedures for a State, or local authority, to voluntarily 
withdraw from a CAA approved rule, program or portion of a rule or 
program are set forth at 40 CFR 63.96(b)(7). In summary, these 
regulations and relevant EPA guidance provide that a State, or local 
authority, may unilaterally and voluntarily withdraw from an approved 
delegated program by notifying EPA and all affected sources of its 
intent to withdraw and the specific requirements subject to such 
withdrawal. Any such withdrawal is not effective sooner than 180 days 
after such notification to EPA. The State, or local authority, must 
also provide notice and opportunity for comment to the public. To the 
extent that any source that is affected by the withdrawal is also 
subject to a CAA operating permit issued pursuant to 40 CFR part 70, 
the State, or local authority, must reopen and revise such permit to 
the extent necessary.

II. EPA Analysis

    By letter dated July 28, 2017, ACHD notified EPA Region III of its 
intent to voluntarily withdraw from EPA's delegation of authority to 
enforce the RMP regulations. By letter dated November 9, 2017, ACHD 
notified EPA Region III that ACHD announced a public comment period to 
take comment on ACHD's voluntary withdrawal from EPA's delegation of 
authority to enforce the RMP regulations. The public comment period 
extended from November 10, 2017 to December 10, 2017. During this 
public comment period, ACHD did not receive any comments in response to 
the public comment notification. ACHD provided all applicable 
facilities with written notice that ACHD is voluntarily withdrawing 
from EPA's delegation of authority to enforce the RMP regulations set 
forth at 40 CFR part 68.
    Pursuant to 40 CFR 63.96(b)(7), ACHD has determined which 
facilities, located in Allegheny County, are subject to the RMP 
regulations and have effective CAA Title V operating permits in 
accordance with 40 CFR part 70. Sixteen facilities within Allegheny 
County have submitted risk management plans to EPA and ACHD has issued 
Title V operating permits to 28 currently operating facilities. ACHD 
Title V operating permits incorporate the RMP regulations, set forth at 
40 CFR part 68, by reference. Therefore, each facility, located in 
Allegheny County, Pennsylvania, that is subject to the RMP regulations 
and has an effective Title V operating permit has been issued a Title V 
permit which includes the proper citation to any applicable RMP 
regulation.
    Upon a State's or local authority's voluntary withdrawal of a 
delegated program, in accordance with 40 CFR 63.96(b)(7), EPA is 
required to publish a time for sources subject to the previously 
approved State, or local, rule or program to come into compliance with 
applicable Federal requirements. Because, as part of its previously 
approved delegated program, ACHD incorporated the RMP regulations by 
reference, there is no distinction between ACHD's previously approved 
delegated program for implementing the requirements set forth at 40 CFR 
part 68 and the applicable Federal requirements set forth at 40 CFR 
part 68. Furthermore, EPA's delegation of authority to implement the 
requirements set forth at 40 CFR part 68 to ACHD stated in relevant 
part: ``Although ACHD has primary authority and responsibility to 
implement and enforce the . . . chemical accident prevention 
provisions, nothing shall preclude, limit, or interfere with the 
authority of EPA to exercise its enforcement, investigatory, and 
information gathering authorities concerning this part of the Act.'' 
See 67 FR 4366 (January 30, 2002). Therefore, all facilities located in 
Allegheny County, Pennsylvania, subject to any requirement set forth at 
40 CFR part 68 shall maintain continuous compliance with such 
requirement.

III. Proposed Action

    EPA's review of this material indicates that ACHD has completed the 
regulatorily mandated process, set forth at 40 CFR 63.96(b)(7), for 
voluntary withdrawal from EPA's delegation of authority to enforce the 
Chemical Accident Prevention regulations set forth at 40 CFR part 68. 
EPA is proposing to modify 40 CFR 63.99(a)(39)(v) to indicate ACHD's 
withdrawal from EPA's delegation of authority to enforce the chemical 
accident prevention provisions set forth at 40 CFR part 68. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    This action notifies the public that ACHD has completed the process 
for voluntary withdrawal from EPA's delegation of authority to enforce 
the chemical accident prevention provisions set forth at 40 CFR part 
68, and the action proposes to update 40 CFR 63.99(a)(39)(v) to 
indicate the withdrawal. The proposed action does not impose additional 
requirements beyond those imposed by state and federal law. For that 
reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office

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of Management and Budget under Executive Orders 12866 (58 FR 51735, 
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     is not an Executive Order 13771 regulatory action because 
this action is not significant under Executive Order 12866.
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement 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 proposed rule to modify 40 CFR 63.99(a)(39)(v) to 
indicate ACHD's voluntary withdrawal from EPA's delegation of authority 
to enforce the chemical accident prevention provisions set forth at 40 
CFR part 68, does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
action does 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.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Paper and paper products 
industry, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 12, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-13452 Filed 6-21-18; 8:45 am]
 BILLING CODE 6560-50-P


