Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Proposed Rules 45395 

17.8.740(8)(a) and (c), respectively, the 

phrases ‘, except when a permit is not 

required under ARM 17.8.745’ and ‘, 

except as provided in ARM 17.8.74’; 

17.8.743, Montana Air Quality 

Permits—When Required, (except for 

the phrase in 17.8.743(1)(b), ‘asphalt 

concrete plants, mineral crushers, and’, 

and 17.8.743(1)(c)); and 17.8.764, 

Administrative Amendment to Permit, 

effective 12/27/2002.’’ 

IV. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act 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 proposed 

action merely approves some state law 

as meeting federal requirements and 

disapproves other state law because it 

does not meet federal requirements; this 

proposed action does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Date: July 15, 2014. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2014–18492 Filed 8–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0169; FRL–9914–69- 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County; 

Control of Outdoor Wood-Fired Boilers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

submission by the Commonwealth of 

Pennsylvania for two State 

Implementation Plan (SIP) revisions in 

accordance with the requirements of the 

Clean Air Act (CAA). These revisions 

pertain to the control of particulate 

matter (PM) emissions from the 

operation of outdoor wood-fired boilers 

(OWBs) in Allegheny County. 

DATES: Written comments must be 

received on or before September 4, 

2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0169 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0169, 

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 previouslylisted 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– 

0169. 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 

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, 


emcdonald on DSK67QTVN1PROD with PROPOSALS
45396 Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Proposed Rules 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Allegheny County 

Health Department, Bureau of 

Environmental Quality, Division of Air 

Quality, 301 39th Street, Pittsburgh, 

Pennsylvania 15201. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

January 15, 2014, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted two SIP revisions to 

the Allegheny County portion of the 

Pennsylvania SIP for the control of PM 

emissions from the operation of OWBs. 

I. Background 

OWBs are free-standing fuel burning 

devices designed (1) to burn clean wood 

or other approved solid fuels, (2) 

specifically for outdoor installation or 

installation in structures not normally 

intended for habitation by humans or 

domestic animals, such as garages and, 

(3) to heat building space or water by 

means of distribution, typically through 

pipes, of a fluid heated in the device, 

typically water, or a water and 

antifreeze mixture. 

A concern associated with certain 

OWBs is the air pollution they may 

produce. Smoldering fires and short 

smokestacks may create heavy smoke 

which falls to the ground and 

sometimes causes a neighborhood 

nuisance or an adverse impact on public 

health and the environment. Unlike 

indoor wood stoves, which are regulated 

by EPA, OWBs are not currently 

required to meet a Federal emission 

standard, and the majority of them are 

not equipped with pollution controls. 

To improve air quality, EPA initiated a 

voluntary program that encourages 

manufacturers of OWBs to develop and 

distribute cleaner-burning, more 

efficient OWBs. Through this voluntary 

effort, OWBs are certified and labeled to 

meet EPA performance levels. 

Additional information about the EPA 

voluntary OWB program is available on 

EPA’s Web site at www.epa.gov/

burnwise. 

Furthermore, the Northeast States for 

Coordinated Air Use Management 

(NESCAUM), a regional air pollution 

control organization comprised of the 

air program directors of several states, 

developed a model regulation for 

regulating OWBs in coordination with a 

number of states and EPA. The purpose 

of the model regulation is to assist state 

and local agencies in adopting 

requirements that will reduce air 

pollution from OWBs. The model 

regulation establishes emission limits 

and labeling requirements for new 

OWBs and contains the following 

components for both new and existing 

OWBs: Stack height requirements, 

distributor and buyer notification 

requirements, and setback requirements 

from property lines, structures, and 

homes. 

On May 2, 2012, the Allegheny 

County Health Department (ACHD) 

proposed two regulations, with a 

number of ‘‘health enhancing’’ changes, 

to be submitted to EPA for approval into 

the Allegheny County portion of the 

Pennsylvania SIP. These proposed 

regulations were based on Chapters 

123.14 (Outdoor Wood-Fired Boilers) 

and 121.1 (Definitions) of Title 25 of the 

Pennsylvania Code (Pa. Code) as issued 

in Pa. Bulletin 5571 on October 2, 2010. 

The proposed regulations were 

approved and subsequently became 

effective on June 8, 2013. On January 15, 

2014, PADEP submitted the regulations 

as revisions to EPA for approval to the 

Allegheny County portion of the 

Pennsylvania SIP. 

II. Summary of SIP Revision 

The SIP revisions consist of (1) adding 

Section 2104.09 (Outdoor Wood-Fired 

Boiler) to Article XXI, ‘‘Air Pollution 

Control Rules and Regulations’’ and (2) 

adding new related definitions to 

Section 2101.20 (Definitions) of Article 

XXI. 

The first SIP revision adds Section 

2104.09 which is based upon the 

PADEP regulations, with the exception 

of minor ‘‘health enhancing’’ changes, 

contained in 25 Pa. Code 123.14 

(Outdoor Wood-Fired Boilers). The 

minor changes include: Increased 

setbacks, additional stack height 

criteria, use restrictions, and the 

addition of reporting requirements. 

These minor changes are required in 

order to tailor the OWB regulations to 

the specific situations in Allegheny 

County. The second SIP revision adds 

certain related definitions of 25 Pa. 

Code Chapter 121.1 (Definitions) to 

Section 2101.20 of Article XXI. A 

detailed summary of EPA’s review and 

rationale for approving Pennsylvania’s 

submittal may be found in the Technical 

Support Document (TSD) for this 

proposed rulemaking action, which is 

available online at www.regulations.gov, 

Docket number EPA–R03–OAR–2014– 

0169. 

III. Proposed Action 

EPA is proposing to approve the 

Pennsylvania SIP revisions consisting of 

(1) the addition of Section 2104.09 

(Outdoor Wood-Fired Boilers) of Article 

XXI, ‘‘Air Pollution Control Rules and 

Regulations’’ and (2) the addition of 

related new definitions to Section 

2101.20. These revisions are being made 

for the control of OWBs, and were 

submitted to EPA for approval on 

January 15, 2014. EPA’s review of this 

material indicates that the SIP revisions 

will reduce the problems associated 

with the operation of OWBs, including 

smoke, odors and burning prohibited 

fuels, including garbage, tires, and 

hazardous waste. 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 

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 proposed 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 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Proposed Rules 45397 

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 

pertaining to the ACHD’s control of PM 

emissions from OWBs, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: July 16, 2014. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2014–18493 Filed 8–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[MB Docket No. 11–154; FCC 14–97] 

Closed Captioning of Internet ProtocolDelivered Video Programming: 

Implementation of the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010; Closed 

Captioning of Internet ProtocolDelivered Video Clips 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks comment on issues 

related to closed captioning of video 

clips delivered using Internet protocol 

(‘‘IP’’). The Commission explores 

application of the IP closed captioning 

rules for video clips to third party 

distributors not currently subject to the 

new video clips requirements. The 

Commission also asks whether it should 

decrease or eliminate the grace periods 

within which IP-delivered video clips of 

video programming previously shown 

live or near-live on television must be 

captioned. Further, the Commission 

invites comment on application of the 

IP closed captioning requirements to 

two additional categories of video clips, 

which are called ‘‘mash-ups’’ and 

‘‘advance’’ video clips. 

DATES: Comments are due on or before 

October 6, 2014; reply comments are 

due on or before November 3, 2014. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 11–154, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov/. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: fjallfoss.fcc.gov/ 

ecfs2/. Follow the instructions for 

submitting comments. 

• Mail: Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• People with Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: (202) 418–0530 or TTY: (202) 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Diana Sokolow, Diana.Sokolow@fcc.gov, 

of the Policy Division, Media Bureau, 

(202) 418–2120. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Further Notice of Proposed Rulemaking 

(2nd FNPRM), FCC 14–97, adopted on 

July 11, 2014 and released on July 14, 

2014. The full text of this document is 

available for public inspection and 

copying during regular business hours 

in the FCC Reference Center, Federal 

Communications Commission, 445 12th 

Street SW., Room CY–A257, 

Washington, DC 20554. This document 

will also be available via ECFS at 

http://fjallfoss.fcc.gov/ecfs/. Documents 

will be available electronically in ASCII, 

Microsoft Word, and/or Adobe Acrobat. 

The complete text may be purchased 

from the Commission’s copy contractor, 

445 12th Street SW., Room CY–B402, 

Washington, DC 20554. Alternative 

formats are available for people with 

disabilities (Braille, large print, 

electronic files, audio format), by 

sending an email to fcc504@fcc.gov or 

calling the Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

This 2nd FNPRM seeks comment on 

a potential new or revised information 

collection requirement. If the 

Commission adopts a new or revised 

information collection requirement, the 

Commission will publish a separate 

notice in the Federal Register inviting 

the public to comment on the 

requirement, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 3501– 

3520). In addition, pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4), the Commission seeks 

specific comment on how it might 

‘‘further reduce the information 

collection burden for small business 

concerns with fewer than 25 

employees.’’ 

Synopsis 

I. Introduction 

1. In the Second Order on 

Reconsideration (‘‘Video Clips Order’’), 

the Commission concludes that clips of 

video programming covered by the 

Twenty-First Century Communications 

and Video Accessibility Act of 2010 

(‘‘CVAA’’) must be captioned when 

delivered using Internet protocol (‘‘IP’’) 

and adopts rules in that regard. The 

attached 2nd FNPRM explores the 

following four issues related to closed 

captioning of IP-delivered video clips: 

• Application of the IP closed 

captioning rules to the provision of 

video clips by third party video 

programming providers and 

distributors; 

• Whether in the future we should 

decrease or eliminate the 12-hour 

timeframe within which IP-delivered 

video clips of video programming 

previously shown live on television 

must be captioned and the eight-hour 

timeframe within which IP-delivered 

video clips of video programming 

previously shown near-live on 

television must be captioned; 

• Application of the IP closed 

captioning requirements to files that 

contain a combination of one or more 

video clips that have been shown on 

television with captions and online-only 

content that has not (‘‘mash-ups’’); and 

• Application of the IP closed 

captioning rules to video clips that are 

added to the video programming 

distributor’s or provider’s library on or 

after January 1, 2016 for straight lift 

clips and January 1, 2017 for montages, 

but before the associated video 

programming is shown on television 

with captions (‘‘advance’’ video clips). 


emcdonald on DSK67QTVN1PROD with PROPOSALS