[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]


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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.

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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 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\
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    \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.
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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\
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    \2\ 62 FR 27968 (May 22, 1997).
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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) * * *

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                                                                                                   Additional
                                                                                               explanation/ Sec.
  Article XX or XXI citation      Title/subject      State effective date   EPA approval date        52.2063
                                                                                                    citation
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                                                 Part A--General
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                                                  * * * * * * *
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.''
 
                                                  * * * * * * *
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                                               Part I--Enforcement
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                                                  * * * * * * *
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).
 
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[FR Doc. 2020-06588 Filed 4-7-20; 8:45 am]
 BILLING CODE 6560-50-P


