Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 13493 

(b) Food wastes shall only be 

discharged while the ship is en route 

and— 

(1) As far as practicable from the 

nearest land or nearest ice shelf, but not 

less than 12 nautical miles from the 

nearest land or nearest ice shelf; 

(2) After having been processed with 

a grinder or comminuter specified in 

§ 151.75; and 

(3) Not contaminated by any other 

garbage type. 

(4) The discharge of introduced avian 

products, including poultry and poultry 

parts, is not permitted in the Antarctic 

area unless it has been treated to be 

made sterile. 

(c) Cargo residues that cannot be 

recovered using commonly available 

methods for unloading may be 

discharged where all the following 

conditions are satisfied: 

(1) The cargo residues, cleaning 

agents or additives contained in the 

cargo hold washing water do not 

contain any substances that are harmful 

to the marine environment. 

(2) Both the port of departure and the 

next port of destination must be within 

the special area and the ship will not 

transit outside of the special area when 

moving between those ports. 

(3) No adequate reception facilities 

are available at those ports. 

(4) When the conditions of paragraphs 

(c)(1) through (c)(3) of this section have 

been fulfilled, discharge of cargo hold 

washing water containing residues shall 

be made as far as practicable from the 

nearest land or the nearest ice shelf and 

not less than 12 nautical miles from the 

nearest land or the nearest ice shelf. 

(d) Cleaning agents or additives 

contained in deck and external surfaces 

wash water may be discharged only if 

those substances are not harmful to the 

marine environment. 

(e) Mixtures of garbage having 

different discharge requirements must 

be: 

(1) Retained on board for later 

disposal ashore; or 

(2) Discharged in accordance with the 

more stringent requirement prescribed 

by paragraphs (b) through (d) of this 

section. 

■ 14. Revise § 151.73(b) to read as 

follows: 

§ 151.73 Operating requirements: 

Discharge of garbage from fixed or floating 

platforms. 

* * * * * 

(b) Food waste may be discharged into 

the surrounding waters from a ship or 

fixed or floating platform regulated by 

paragraph (a) of this section if— 

(1) It is processed with a grinder or 

comminuter meeting the standards in 

§ 151.75; and 

(2) That ship or fixed or floating 

drilling rig or platform is beyond 12 

nautical miles from nearest land. 

§ 151.75 [Amended] 

■ 15. Amend § 151.75 by removing the 

text ‘‘§ 151.69(a)(2)’’ and adding, in its 

place, the text ‘‘§ 151.69(b)(1), 

§ 151.71(b)(2),’’. 

■ 16. Revise § 151.77 to read as follows: 

§ 151.77 Exceptions for emergencies and 

health risks. 

Sections 151.67, 151.69, 151.71, and 

151.73 do not apply to the following: 

(a) Discharges of garbage from a ship 

necessary for the purpose of securing 

the safety of a ship and those on board 

or saving life at sea. 

(b) The accidental loss of garbage 

resulting from damage to a ship or its 

equipment, provided that all reasonable 

precautions have been taken before and 

after the occurrence of the damage, to 

prevent or minimize the accidental loss. 

(c) The accidental loss of fishing gear 

from a ship, provided all reasonable 

precautions have been taken to prevent 

such loss. 

(d) The discharge of fishing gear from 

a ship for the protection of the marine 

environment or for the safety of that 

ship or its crew. 

(e) The en route requirements of 

§§ 151.69 and 151.71 do not apply to the 

discharge of food wastes when it is clear 

the retention on board of these food 

wastes present an imminent health risk 

to the people on board. 

■ 17. Remove Appendix A to §§ 151.51 

through 151.77—Summary of Garbage 

Discharge Restrictions. 

Dated: February 20, 2013. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U. S. Coast Guard. 

[FR Doc. 2013–04616 Filed 2–27–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0378; FRL–9783–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Revision to Allegheny 

County Regulations for Prevention of 

Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. This revision pertains to 

the Air Pollution Control portion of the 

Allegheny County Health Department 

(ACHD) Rules and Regulations, relating 

to ACHD’s Prevention of Significant 

Deterioration (PSD) program. 

Additionally, EPA is also approving this 

revision for the purpose of determining 

that ACHD has met its statutory 

obligations with respect to the 

infrastructure requirements of the Clean 

Air Act (CAA) which relate to ACHD’s 

PSD permitting program and are 

necessary to implement, maintain, and 

enforce the 1997 ozone National 

Ambient Air Quality Standard (NAAQS) 

as well as the 1997 and 2006 NAAQS 

for particulate matter less than 2.5 

microns (PM2.5). EPA is approving these 

revisions that incorporate by reference 

the Federal PSD program in its entirety 

in accordance with the requirements of 

the CAA. 

DATES: This final rule is effective on 

April 1, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0378. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection 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 State 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; 

Allegheny County Health Department, 

Bureau of Environmental Quality, 

Division of Air Quality, 301 39th Street, 

Pittsburgh, Pennsylvania 15201. 

FOR FURTHER INFORMATION CONTACT: Paul 

T. Wentworth, (215) 814–2183, or by 

email at wentworth.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 11, 2012 (77 FR 34300), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 


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13494 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 

NPR proposed approval of a SIP 

revision pertaining to the Air Pollution 

Control portion of the Allegheny County 

Health Department (ACHD) Rules and 

Regulations, relating to ACHD’s PSD 

program. The formal SIP revision was 

submitted by Commonwealth of 

Pennsylvania on July 1, 2008. 

II. Summary of SIP Revision 

The SIP revision submitted by 

Pennsylvania on behalf of ACHD 

consists of regulations pertaining to 

ACHD’s Prevention of Significant 

Deterioration (PSD) program. These 

regulations incorporate by reference the 

federal PSD program at 40 CFR section 

52.21. Any changes in the Federal 

program occurring after the date the 

ACHD regulations were promulgated are 

automatically incorporated into ACHD’s 

regulations and into its SIP. By 

approving this SIP revision, EPA is 

formally approving ACHD’s PSD 

program, which had previously been 

operating under a delegation agreement. 

Accordingly, the SIP revision 

incorporates the new PSD requirements 

for PM2.5 pursuant to the EPA’s 

‘‘Prevention of Significant Deterioration 

(PSD) for Particulate Matter less than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC)’’ (PSD PM2.5 Rule), which was 

promulgated on October 20, 2010 (75 FR 

64864), including the provision at 40 

CFR section 52.21(k)(2) adding the PM2.5

SILs and the provision at section 

52.21(i)(5)(i)(c) adding the PM2.5 SMC. 

On January 22, 2013, the U.S. Court of 

Appeals for the District of Columbia 

Circuit (‘‘the Court’’) in Sierra Club v. 

EPA, No. 10–1413 (filed Dec. 17. 2010), 

issued a judgment that, inter alia, 

vacated and remanded the provisions at 

section 52.21(k)(2) and vacated the 

provisions at section 52.21(i)(5)(i)(c) 

that were promulgated as part of the 

October 20, 2010 PSD PM2.5 Rule. On 

this same date, the Court ordered that 

issuance of the mandate shall be 

withheld until seven days after any 

timely petition for rehearing or petition 

for rehearing en banc. See Fed. R. App. 

Proc. 40(a)(1); Fed. R. App. P. 41(b). 

Upon issuance of the mandate, the 

Court’s decision will become final and 

the provisions of sections 52.21(k)(2) 

and (i)(5)(i)(c) will be vacated. At that 

time, ACHD’s regulations and SIP will 

automatically update such that they no 

longer include that regulatory text, as 

the vacatur will render those provisions 

without legal effect. Although the 

Court’s decision is not final until the 

mandate issues, EPA expects ACHD to 

act consistently with the Court’s 

opinion in applying the Federal PSD 

regulations prior to formal issuance of 

the mandate. Thus, EPA is approving 

the SIP revision as submitted. 

Other specific requirements of the 

regulations and the rationale for EPA’s 

proposed action are explained in the 

NPR and will not be restated here. No 

public comments were received on the 

NPR. 

III. Final Action 

EPA is approving the July 1, 2008 SIP 

revision as a revision to the 

Commonwealth of Pennsylvania SIP. 

EPA is also approving this revision for 

the purpose of determining that ACHD 

has met its obligations pursuant to the 

PSD portions of CAA sections 

110(a)(2)(C), (D)(i)(II), and (J) for the 

1997 ozone and PM2.5 NAAQS and the 

2006 PM2.5 NAAQS. 

IV. 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 April 29, 2013. 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, relating to ACHD’s PSD 

program, 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, 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 13495 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 8, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

Therefore, 40 CFR part 52 is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020: 

■ a. The table in paragraph (c)(2) is 

amended by adding an entry for section 

‘‘2102.07’’ in numerical order. 

■ b. The table in paragraph (e)(1) is 

amended by adding three new entries 

‘‘Section 110(a)(2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone NAAQS’’, ‘‘Section 110(a)(2) 

Infrastructure Requirements for the 1997 

PM2.5 NAAQS’’, and ‘‘Section 110(a)(2) 

Infrastructure Requirements for the 2006 

PM2.5 NAAQS’’ at the end of the table. 

The revised and added text reads as 

follows: 

§ 52.2020 Identification of plan 

* * * * * 

(c) * * * 

(2) * * * 

Article XX or XXI citation Title/subject State effective 

date EPA approval date Additional explanation/ § 52.2063 citation 

*******

Part B Permits Generally 

* * * * * * * 

2102.07 ........................................ Prevention of Significant Deterioration.3/31/98 2/28/13 [Insert page number where the document 

begins].

Added. 

* * * * * * * 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure 

Requirements for the 1997 8- 

Hour Ozone NAAQS.

Allegheny County ........................ 7/1/08 2/28/13 [Insert page number where the document 

begins].

This action addresses the 

PSD related elements of 

the following CAA requirements: 

110(a)(2)(C), (D)(i)(II), 

and (J) 

Section 110(a)(2) Infrastructure 

Requirements for the 1997 

PM2.5 NAAQS.

Allegheny County ........................ 7/1/08 2/28/13 [Insert page number where the document 

begins].

This action addresses the 

PSD related elements of 

the following CAA requirements: 

110(a)(2)(C), (D)(i)(II), 

and (J) 

Section 110(a)(2) Infrastructure 

Requirements for the 2006 

PM2.5 NAAQS.

Allegheny County ........................ 7/1/08 2/28/13 [Insert page number where the document 

begins].

This action addresses the 

PSD related elements of 

the following CAA requirements: 

110(a)(2)(C), (D)(i)(II), 

and (J) 

[FR Doc. 2013–04291 Filed 2–27–13; 8:45 am] 

BILLING CODE 6560–50–P 


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