[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Rules and Regulations]
[Pages 62003-62006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24340]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0629; FRL-9917-69-Region-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; State Boards Requirements
AGENCY: Environmental Protection Agency.
ACTION: Direct Final Rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Commonwealth of Pennsylvania
State Implementation Plan (SIP). The SIP revision addresses the State
Boards' requirements for all criteria pollutants of the National
Ambient Air Quality Standards (NAAQS). EPA is also approving a related
infrastructure element from Pennsylvania's September 24, 2012 SIP
submittal for the 2008 Lead NAAQS. EPA is approving this SIP revision
in accordance with the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on December 15, 2014 without further
notice, unless EPA receives adverse written comment by November 17,
2014. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0629 by one of the following methods:
A. www.regulations.gov. Follow the online instructions for
submitting comments.
B. E-Mail: [email protected].
C. Mail: EPA-R03-OAR-2014-0629, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Air Protection Division,
Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0629. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless
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you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the Commonwealth's
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Section 128 of the CAA requires SIPs to comply with the
requirements regarding State Boards. Section 110(a)(2)(E)(ii) of the
CAA also references these requirements. Section 128(a) of the CAA
requires SIPs to contain provisions that: (1) Any board or body which
approves permits or enforcement orders under the CAA shall have at
least a majority of its members represent the public interest and not
derive any significant portion of their income from persons subject to
permits or enforcement orders under the CAA; and (2) any potential
conflict of interest by members of such board or body or the head of an
executive agency with similar powers be adequately disclosed. The
requirements of section 128(a)(1) are not applicable to Pennsylvania
because it does not have any board or body which approves air quality
permits or enforcement orders. The requirements of section 128(a)(2),
however, are applicable because the heads of the Pennsylvania
Department of Environmental Protection (PADEP), the Allegheny County
Health Department (ACHD), and Philadelphia Air Management Services
(AMS), or their designees, approve permits or enforcement orders within
Pennsylvania.
On July 15, 2014, the Commonwealth of Pennsylvania, through PADEP,
submitted a SIP revision to address the requirements of sections 128
and 110(a)(2)(E)(ii) for all criteria pollutants of the NAAQS in
relation to State Boards. This submission addressing sections 128 and
110(a)(2)(E)(ii) for all NAAQS was part of a larger SIP revision
submitted on the same date which addresses requirements in section
110(a) for the 2008 ozone NAAQS; however, EPA will take later separate
rulemaking action on the remainder of that July 15, 2014 SIP
submission.
Previously, on September 24, 2012, Pennsylvania submitted a SIP
revision to satisfy several requirements of section 110(a)(2) of the
CAA for the 2008 Lead NAAQS. On April 7, 2014, EPA published a Final
Rulemaking Notice in which EPA approved certain elements of
Pennsylvania's SIP submittal for the 2008 Lead NAAQS and stated that
EPA would take separate action on the submittal as it related to
requirements in sections 110(a)(2)(E)(ii) and 128 of the CAA. 79 FR
19009.
II. Summary of SIP Revision
This rulemaking action approves certain statutory provisions for
the Pennsylvania SIP submitted by PADEP to meet the requirements of
section 128 of the CAA. Upon meeting the requirements of section 128,
Pennsylvania will also meet the requirements of section
110(a)(2)(E)(ii) of the CAA for all criteria pollutants of the NAAQS in
relation to State Boards.
Pennsylvania's statutory provisions governing the relevant section
128 requirements are in Chapter 11 of the Pennsylvania Public Official
and Employee Ethics Act (PA Ethics Act), found at 65 Pa.C.S. sections
1101-1109. The Secretary of PADEP and heads of ACHD and AMS, as well as
the state employees subordinate to those positions, are subject to the
requirements of Chapter 11 of the PA Ethics Act. In order to meet the
requirements of CAA sections 128 and 110(a)(2)(E)(ii), Pennsylvania is
seeking to incorporate into the SIP the relevant provisions of Chapter
11 of the PA Ethics Act, including certain relevant portions of
sections 1101, 1102, 1104, 1105, and 1109. The Commonwealth's effective
dates for these sections of Chapter 11 will be listed in the table in
40 CFR 52.2020(c).
III. EPA's Analysis of Pennsylvania's SIP Revision
Sections 128 and 110(a)(2)(E)(ii) require that each state's SIP
demonstrate how state boards, bodies or heads of executive agencies
which approve CAA permits or enforcement orders disclose any potential
conflicts of interest. The Secretary of PADEP and heads of ACHD and
AMS, or their designees, approve all CAA permits and enforcement orders
in Pennsylvania. All three agencies are executive agencies that act
through their respective Secretary, head, or delegated subordinate
state or local employees. Pennsylvania submitted relevant provisions of
Chapter 11 of the PA Ethics Act for inclusion into the SIP as required
by sections 128 and 110(a)(2)(E)(ii). Chapter 11 of the PA Ethics Act
applies to public officials and employees and requires them to disclose
relevant financial information including direct and indirect financial
interests, income and gifts. This SIP revision will incorporate
existing Pennsylvania law into the SIP and demonstrates that
Pennsylvania complies with the requirements of sections 128 and
110(a)(2)(E)(ii) of the CAA for all NAAQS pollutants through the
relevant sections of Chapter 11 of the PA Ethics Act for adequate
disclosure of potential conflicts of interest.
IV. Final Action
EPA is approving the portion of the July 15, 2014 Pennsylvania SIP
revision that addresses the requirements of sections 128 and
110(a)(2)(E)(ii) of the CAA for all criteria pollutants of the NAAQS.
EPA is also specifically approving Pennsylvania's September 24, 2012
SIP revision for the 2008 Lead NAAQS as addressing the requirements in
section 110(a)(2)(E)(ii) of the CAA. EPA is publishing this rule
without prior proposal because EPA views this as a noncontroversial
amendment and anticipates no adverse comment. However, in the
``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on December 15, 2014 without further notice unless EPA
receives adverse
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comment by November 17, 2014. If EPA receives adverse comment, EPA will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
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 Order
12866 (58 FR 51735, October 4, 1993);
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 December 15, 2014. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action, approving the Pennsylvania SIP revision
for purposes of meeting sections 128 and 110(a)(2)(E)(ii) requirements
for all criteria pollutants of the NAAQS in relation to State Boards,
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, Reporting and recordkeeping requirements.
Dated: September 23, 2014.
William C. Early,
Acting 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:
0
a. The table in paragraph (c)(1) is amended by adding a new section for
``Title 65 Pennsylvania Statute--Public Officers, Part II--
Accountability, Chapter 11--Ethics Standards and Financial
Disclosure,'' before the section for Title 67, with new entries for
sections 1101, 1102, 1104, 1105, and 1109.
0
b. The table in paragraph (e)(1) is amended by revising the entry for
``Section 110(a)(2) Infrastructure Requirements for the 2008 Pb
NAAQS.''
The additions and revisions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) * * *
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Additional
State citation Title/subject State EPA approval date explanation/ Sec.
effective date 52.2063 citation
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Title 65 Pennsylvania Statute--Public Officers
Part II--Accountability
Chapter 11--Ethics, Standards, and Financial Disclosure
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Section 1101..................... Short title of 12/14/98 10/16/14 [Insert Addresses CAA
chapter. Federal Register section 128.
citation].
Section 1102..................... Definitions........ 1/1/07 10/16/14 [Insert Addresses CAA
Federal Register section 128.
citation].
Section 1104..................... Statement of 12/14/98 10/16/14 [Insert Addresses CAA
financial Federal Register section 128.
interests required citation].
to be filed.
Section 1105..................... Statement of 1/1/07 10/16/14 [Insert Addresses CAA
financial Federal Register section 128.
interests. citation].
Section 1109..................... Penalties.......... 12/14/98 10/16/14 [Insert Addresses CAA
Federal Register section 128.
citation].
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* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
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* * * * * * *
Section 110(a)(2) Infrastructure Statewide.......... 5/24/12 4/7/2014, 79 FR This rulemaking
Requirements for the 2008 Pb 19001. action addresses
NAAQS. the following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(i)(I),
(D)(i)(II),
(D)(ii), (E)(i),
(E)(iii), (F),
(G), (H), (J),
(K), (L), and (M).
7/15/14 10/16/14 [Insert This rulemaking
Federal Register action addresses
citation]. the following CAA
elements:
110(a)(2)(E)(ii).
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[FR Doc. 2014-24340 Filed 10-15-14; 8:45 am]
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