Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations 62003 

its views, as provided for under 

paragraph (c) of this section, is 

inadequate, it may, within 20 business 

days of the date of the notice required 

by paragraph (c), request, in writing, 

that an informal hearing be convened. 

(2) As soon as possible after a written 

request for an informal hearing is 

received, the Reviewing Official shall 

convene an informal hearing, at such 

time and place as he or she deems 

appropriate, for the purpose of 

determining whether the company’s 

certificate of authority should be 

revoked. 

(3) The company shall be advised, in 

writing, of the time and place of the 

informal hearing and shall be directed 

to bring all documents, records and 

other information as it may find 

necessary and relevant to support its 

position. 

(4) The company may be represented 

by counsel and shall have a fair 

opportunity to present any relevant 

material and to examine the 

administrative record. 

(5) The complaining agency may be 

requested by the Reviewing Official to 

send a representative to the hearing to 

present any relevant material, and the 

agency representative may examine the 

administrative record. 

(6) The Reviewing Official is 

authorized to require the submission of 

additional documentation from the 

complaining agency and the company to 

ensure appropriate consideration of 

relevant factual or legal issues. 

(7) Formal rules of evidence will not 

apply at the informal hearing. 

(8) The formal adjudication standards 

under the Administrative Procedure 

Act, 5 U.S.C. 554, 556, 557 do not apply 

to the informal hearing or adjudication 

process. 

(9) Treasury may promulgate 

additional procedural guidance 

governing the conduct of informal 

hearings. This additional procedural 

guidance may be contained in the 

Annual Letter to Executive Heads of 

Surety Companies referenced in § 223.9, 

the Treasury Financial Manual, or other 

Treasury publication or correspondence. 

(10) Upon completion of the informal 

hearing, the Reviewing Official shall 

prepare a written Recommendation 

Memorandum addressed to the Deciding 

Official setting forth findings and a 

recommended disposition. The 

Deciding Official will make the final 

decision whether the company’s 

certificate of authority to write and 

reinsure Federal bonds should be 

revoked based on the administrative 

record. The administrative record 

consists of the Federal agency complaint 

referenced in paragraphs (a) and (b) of 

this section, the company response 

referenced in paragraph (c), any other 

documentation submitted to, considered 

by, or entered into the administrative 

record by the Reviewing Official, the 

hearing transcript, and the Reviewing 

Official’s Recommendation 

Memorandum. 

(11) The provisions of paragraphs (e), 

(f), and (g) of this section shall apply to 

the adjudication of the agency 

complaint when an informal hearing is 

conducted. 

■ 17. Revise § 223.21 to read as follows: 

§ 223.21 Reinstatement. 

If, after one year from the date of the 

non-renewal or the revocation of its 

certificate of authority under this part, 

a company can demonstrate that the 

basis for the non-renewal or revocation 

has been cured, as determined by 

Treasury in its discretion, and that it 

can comply with, and does meet, all 

continuing requirements for 

certification under 31 U.S.C. 9304–9308 

and this part, the company may submit 

an application to Treasury for 

reinstatement or reissuance of a 

certificate of authority, which will be 

granted without prejudice, provided all 

such requirements are met. 

■ 18. In § 223.22, revise paragraph (c) to 

read as follows: 

§ 223.22 Fees for services of the Treasury 

Department. 

* * * * * 

(c) Specific fee information may be 

obtained from the designated Treasury 

official, or online at http://

www.fiscal.treasury.gov/fsreports/ref/

suretyBnd/surety_home.htm. In 

addition, a notice of the amount of a fee 

referred to in paragraphs (a)(1) through 

(4) of this section will be published in 

the Federal Register as each change in 

such fee is made. 

Dated: October 2, 2014. 

David A. Lebryk, 

Fiscal Assistant Secretary. 

[FR Doc. 2014–24460 Filed 10–15–14; 8:45 am] 

BILLING CODE P 

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. 

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: fernandez.cristina@

epa.gov. 

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 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– 

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 knapp.ruth@epa.gov. 

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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Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations 62005 

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 

■ 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)(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. 

■ 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: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 


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State citation Title/subject State effective 

date EPA approval date 

Additional 

explanation/ 

§ 52.2063 citation 

*******

Title 65 Pennsylvania Statute—Public Officers 

Part II—Accountability 

Chapter 11—Ethics, Standards, and Financial Disclosure 

Section 1101 ........................ Short title of chapter ............ 12/14/98 10/16/14 [Insert Federal 

Register citation].

Addresses CAA section 128. 

Section 1102 ........................ Definitions ............................ 1/1/07 10/16/14 [Insert Federal 

Register citation].

Addresses CAA section 128. 

Section 1104 ........................ Statement of financial interests required to be filed.12/14/98 10/16/14 [Insert Federal 

Register citation].

Addresses CAA section 128. 

Section 1105 ........................ Statement of financial interests.1/1/07 10/16/14 [Insert Federal 

Register citation].

Addresses CAA section 128. 

Section 1109 ........................ Penalties .............................. 12/14/98 10/16/14 [Insert Federal 

Register citation].

Addresses CAA section 128. 

*******

* * * * * 

(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 2008 

Pb NAAQS.

Statewide ..................... 5/24/12 4/7/2014, 79 FR 19001 This rulemaking action addresses 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 Federal Register citation].This rulemaking action addresses the following 

CAA elements: 110(a)(2)(E)(ii). 

* * * * * 

[FR Doc. 2014–24340 Filed 10–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0746; FRL–9917–64– 

Region–4] 

Approval and Promulgation of 

Implementation Plans; Florida: 

Removal of Sulfur Storage and 

Handling Rules 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Florida State 

Implementation Plan (SIP), submitted 

by the Florida Department of 

Environmental Protection (FDEP), on 

April 5, 2012. The revision modifies 

Florida’s SIP to remove two state rules 

relating to new and existing sulfur 

storage and handling facilities because 

they are no longer necessary. EPA has 

determined that Florida’s April 5, 2012, 

SIP revision regarding sulfur storage and 

handling facilities is approvable because 

it is consistent with the Clean Air Act 

(CAA or Act). 

DATES: This rule will be effective 

November 17, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0746. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at lakeman.sean@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The FDEP revision requests that EPA 

remove two state rules—Rule 62– 

212.600, Florida Administrative Code 

(F.A.C.), ‘‘Sulfur Storage and Handling 

Facilities’’ and Rule 62–296.411, F.A.C., 


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