34000 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 

Veterans, Vocational education, 

Vocational rehabilitation. 

William F. Russo, 

Deputy Director, Office of Regulation Policy 

and Management, Office of the General 

Counsel, Department of Veterans Affairs. 

For the reasons set out in the 

preamble, 38 CFR parts 18 and 21 are 

correctly amended as follows: 

PART 18—NONDISCRIMINATION IN 

FEDERALLY-ASSISTED PROGRAMS 

OF THE DEPARTMENT OF VETERANS 

AFFAIRS—EFFECTUATION OF TITLE 

VI OF THE CIVIL RIGHTS ACT OF 1964 

■ 1. The authority citation for 38 CFR 

part 18, subpart E continues to read as 

follows: 

Authority: Age Discrimination Act of 1975, 

as amended, 42 U.S.C. 6101, et seq.; 45 CFR 

part 90 (1979). 

Appendix B to Subpart E [Amended] 

■ 2. Amend Appendix B to Subpart E, 

at the table titled ‘‘Age Distinctions in 

Regulations Governing Federal 

Financial Assistance Programs of the 

Department of Veterans Affairs,’’ third 

column, last paragraph, by removing 

‘‘3.51,’’. 

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

■ 3. The authority citation for part 21, 

subpart A continues to read as follows: 

Authority: 38 U.S.C. 501(a), chs. 18, 31, 

and as noted in specific sections. 

§ 21.260 [Amended] 

■ 4. Amend § 21.260(d) by removing 

‘‘3.51,’’. 

[FR Doc. 2011–14401 Filed 6–9–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0881; FRL–9308–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Revisions to 

Requirements for Major Sources 

Locating in or Impacting a 

Nonattainment Area in Allegheny 

County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Pennsylvania State Implementation Plan 

(SIP) which was submitted on 

November 16, 2006 by the Pennsylvania 

Department of Environmental Protection 

(PADEP). This change to Allegheny 

County’s Air Pollution Control Rules 

and Regulations amends the existing 

requirements for sources locating in or 

impacting a nonattainment area in 

Allegheny County by incorporating 

Federal modeling requirements. EPA is 

approving these revisions to the 

Pennsylvania SIP in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on August 

9, 2011 without further notice, unless 

EPA receives adverse written comment 

by July 11, 2011. 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–2009–0881 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0881, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, 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–2009– 

0881. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 

http://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 http:// 

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 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; 

and the 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, P.E. (215) 814–2183, or 

by e-mail at: wentworth.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this rulemaking action, 

whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, 

we are referring to EPA. On November 

16, 2006, PADEP submitted a revision to 

the Pennsylvania SIP. This change to 

Allegheny County’s Air Pollution 

Control Rules and Regulations amends 

the existing requirements for sources 

locating in or impacting a 

nonattainment area by incorporating 

Federal modeling requirements. 

II. Summary of the SIP Revision 

EPA is approving a formal revision to 

the Pennsylvania SIP submitted by the 

State on November 16, 2006 by the 

PADEP. This SIP revision adds a new 

paragraph (2102.06.g.) to Allegheny 

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Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 34001 

County’s Article XXI Air Pollution 

Control Rules and Regulations and 

amends the existing requirements for 

sources locating in or impacting 

nonattainment areas by incorporating 

the modeling requirements from 40 CFR 

part 51, subpart I, entitled ‘‘Review of 

New Sources and Modifications.’’ These 

requirements specify that where air 

quality models are used to meet the 

provisions of this section, modeling 

must be based on the applicable models 

and other requirements specified in 40 

CFR part 51, appendix W, entitled 

‘‘Federal Guideline on Air Quality 

Models’’ (Guideline). Additionally, these 

requirements explicitly state where an 

air quality model specified in the 

Guideline is inappropriate, the model 

may be modified or another model 

substituted but only on a case-by-case 

basis or, where appropriate, on a generic 

basis for a specific State program. 

Modifying or substituting a model 

requires written approval of the EPA 

Administrator. In addition, the use of a 

modified or substituted model is subject 

to public comment under procedures set 

forth in Federal regulation 40 CFR 

51.102. 

III. Final Action 

EPA is approving a revision to the 

Pennsylvania SIP as submitted on 

November 16, 2006. This revision adds 

the modeling requirements in 40 CFR 

part 51, subpart I as a new paragraph 

2102.06.g., entitled ‘‘Requirements of 

Modeling’’, to Allegheny County’s 

Article XXI, section 2102.06, ‘‘Major 

Sources Locating in or Impacting a 

Nonattainment Area.’’ EPA is publishing 

this rule without prior proposal because 

EPA views this as a non-controversial 

amendment and anticipates no adverse 

comment. This revision to Allegheny 

County’s regulation 2102.06, addresses 

the requirements in Federal regulation 

40 CFR part 51 subpart I. 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 August 9, 2011 

without further notice unless EPA 

receives adverse comment by July 11, 

2011. 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. 

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 August 9, 2011. 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. 

This action which modifies the 

Pennsylvania SIP by adding the Federal 

modeling requirements of 40 CFR part 

51, subpart I for Allegheny County 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, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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34002 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 

Dated: May 6, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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, the table in paragraph 

(c)(2) is amended by amending the entry 

for section 2102.06 to read 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 

*******

2102.06 ............. Major Sources Locating in or Impacting a Nonattainment Area.7/10/05 6/10/11 [Insert page number where the document begins].Addition of new paragraph 2102.06.g. 

* * * * * * * 

* * * * * 

[FR Doc. 2011–14227 Filed 6–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

WReier-Aviles on DSKGBLS3C1PROD with RULES