12404 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

■ b. Remove paragraphs (d)(6) and (e). 

The revisions read as follows: 

§ 0.160 Offers that may be accepted by 

Assistant Attorneys General. 

* * * * * 

(d) * * * 

(4) When the proposed settlement 

commits a department or agency to 

expend funds that Congress has not 

appropriated and that have not been 

budgeted for the action in question, or 

commits a department or agency to seek 

particular appropriation or budget 

authorization; or 

(5) When the proposed settlement 

otherwise limits the discretion of a 

department or agency to make policy or 

managerial decisions committed to the 

department or agency by Congress or by 

the Constitution. 

Dated: February 18, 2022. 

Merrick B. Garland, 

Attorney General. 

[FR Doc. 2022–04509 Filed 3–3–22; 8:45 am] 

BILLING CODE 4410–BB–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0482; FRL–9596–02– 

R3] 

Air Plan Approval; Pennsylvania; 

Revision of the Maximum Allowable 

Sulfur Content Limit for Number 2 and 

Lighter Commercial Fuel Oil 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The revision pertains to 

the reduction of the maximum 

allowable sulfur content limit for 

Number 2 (No. 2) and lighter 

commercial fuel oil, generally sold and 

used for residential and commercial 

furnaces and oil heat burners for home 

or space heating, water heating or both, 

from the current limit of 500 parts per 

million (ppm) to 15 ppm. EPA is 

approving this revision to the 

Pennsylvania SIP in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

April 4, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0482. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., 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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Mallory Moser, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–215–814–2030. Ms. Moser can also 

be reached via electronic mail at 

moser.mallory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 15, 2021 (86 FR 71213), 

EPA published a notice of proposed 

rulemaking (NPRM) that proposed 

approval of a SIP revision that 

incorporates the Commonwealth’s 

updated low-sulfur fuel oil provisions 

into the Pennsylvania SIP. The SIP 

revision was submitted by Pennsylvania 

on September 4, 2020, requesting that 

EPA incorporate the Pennsylvania 

Department of Environmental 

Protection’s (PADEP’s) revisions to 25 

Pennsylvania Code (Pa. Code) Chapters 

123 Section 22 into the Pennsylvania 

SIP. In response to the NPRM, EPA 

received one comment supporting the 

proposed action which can be found in 

the docket. EPA received no adverse 

comments. 

II. Summary of SIP Revision and EPA 

Analysis 

The SIP revision incorporates 

amendments to 25 Pa. Code Chapter 123 

section 22 which set the maximum 

allowable sulfur content limit for 

various fuel types into the Pennsylvania 

SIP. The amendments to 25 Pa. Code 

Chapter 123.22, reduce the SIP 

approved maximum allowable sulfur 

content limit for No. 2 and lighter 

commercial fuel oil, generally sold for 

and used in residential and commercial 

furnaces and oil heat burners for home 

or space heating, water heating, or both, 

from a limit of 500 ppm of sulfur to 15 

ppm. The amendments to 25 Pa. 123.22, 

became effective on September 1, 2020. 

The low-sulfur fuel oil provisions will 

aid in reducing regional haze and 

visibility impairment in Pennsylvania. 

Additionally, decreased emissions of 

sulfur dioxide (SO2) will contribute to 

the attainment, maintenance, or both, of 

the SO2 and fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS) in Pennsylvania 

and surrounding areas. Other specific 

requirements of the SIP revision and the 

rationale for EPA’s proposed action are 

explained in the NPRM and will not be 

restated here. Relevant support 

documents for this action are available 

online at https://www.regulations.gov, 

Docket number EPA–R03–OAR–2021– 

0482. 

III. EPA’s Response to Comments 

Received 

EPA received one comment, from the 

State of New Jersey, supporting our 

proposed action in the December 15, 

2021, NPRM. The comment received is 

in the docket for this rulemaking action. 

We received no adverse comments. 

IV. Final Action 

EPA is approving, as a SIP revision, 

the Commonwealth of Pennsylvania’s 

September 4, 2020, submittal revising 

the maximum allowable sulfur content 

limit for No. 2 and lighter commercial 

fuel oil. 

V. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Pennsylvania’s 

maximum allowable sulfur content limit 

for No. 2 and lighter commercial fuel oil 

regulation described in 25 Pa. Code 

Chapter 123. EPA has made, and will 

continue to make, these materials 

generally available through https://

www.regulations.gov and at the EPA 

Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1


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Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Rules and Regulations 12405 

VI. 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 May 3, 2022. 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, which pertains to 

commercial fuel oil sulfur limits for 

combustion and sale in the 

Commonwealth of Pennsylvania, 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, Particulate matter, Regional 

Haze, Sulfur oxides. 

Dated: February 23, 2022. 

Diana Esher, 

Acting Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 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, the table in paragraph 

(c)(1) is amended by revising the entry 

for ‘‘Section 123.22(a)’’, the second 

entry for ‘‘123.22(b)’’, the second entry 

for ‘‘123.22(c)’’, the second entry for 

‘‘123.22(d)’’, the second entry for 

‘‘123.22(e)’’, and entries ‘‘Section 

123.22(f)’’ and ‘‘Section 123.22(g)’’ to 

read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject 

State 

effective 

date 

EPA approval date 

Additional 

explanation/ 

§ 52.2063 citation 

Title 25—Environmental Protection 

Article III—Air Resources 

*******

Chapter 123—Standards for Contaminants 

*******

Sulfur Compound Emissions 


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12406 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Rules and Regulations 

State citation Title/subject 

State 

effective 

date 

EPA approval date 

Additional 

explanation/ 

§ 52.2063 citation 

*******

Section 123.22(a) ...... Combustion units. [General provisions—air basins and nonair basins].07/25/20 3/4/22, [INSERT FEDERAL REGISTER CITATION].Amended sections 123.22(a) 

123.22(b), 123.22(c), 123.22(d), 

123.22(e), 123.22(f), and 123.22(g). 

Previous approval July 10, 2014. 

* * * * * * * 

123.22(b) ................... Combustion units—Erie Air 

Basin.

07/25/20 3/4/22, [INSERT FEDERAL REGISTER CITATION].Amended sections 123.22(a) 

123.22(b), 123.22(c), 123.22(d), 

123.22(e), 123.22(f), and 123.22(g). 

Previous approval July 10, 2014. 

* * * * * * * 

123.22(c) ................... Combustion units—Upper Beaver Valley Air Basin.07/25/20 3/4/22, [INSERT FEDERAL REGISTER CITATION].Amended sections 123.22(a) 

123.22(b), 123.22(c), 123.22(d), 

123.22(e), 123.22(f), and 123.22(g). 

Previous approval July 10, 2014. 

* * * * * * * 

123.22(d) ................... Combustion units—Lower Beaver Valley Air Basin.07/25/20 3/4/22 , [INSERT FEDERAL REGISTER CITATION].Amended sections 123.22(a) 

123.22(b), 123.22(c), 123.22(d), 

123.22(e), 123.22(f), and 123.22(g). 

Previous approval July 10, 2014. 

* * * * * * * 

123.22(e) ................... Combustion units—Southeast 

PA Air Basin.

07/25/20 3/4/22, [INSERT FEDERAL REGISTER CITATION].Amended sections 123.22(a) 

123.22(b), 123.22(c), 123.22(d), 

123.22(e), 123.22(f), and 123.22(g). 

Previous approval July 10, 2014. 

Section 123.22(f) ....... Combustion units—Sampling 

and testing.

07/25/20 3/4/22, [INSERT FEDERAL REGISTER CITATION].Amended sections 123.22(a) 

123.22(b), 123.22(c), 123.22(d), 

123.22(e), 123.22(f), and 123.22(g). 

Previous approval July 10, 2014. 

Section 123.22(g) ...... Combustion units—Recordkeeping and reporting.07/25/20 3/4/22, [INSERT FEDERAL REGISTER CITATION].Amended sections 123.22(a) 

123.22(b), 123.22(c), 123.22(d), 

123.22(e), 123.22(f), and 123.22(g). 

Previous approval July 10, 2014. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–04361 Filed 3–3–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 220216–0049 and 220223– 

0054;RTID 0648–XB808] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Sablefish Managed 

Under the Individual Fishing Quota 

Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; opening. 

SUMMARY: NMFS is opening directed 

fishing for sablefish with fixed gear 

managed under the Individual Fishing 

Quota (IFQ) Program and the 

Community Development Quota (CDQ) 

Program. The season will open 1200 

hours, Alaska local time (A.l.t.), March 

6, 2022, and will close 1200 hours, 

A.l.t., December 7, 2022. This period is 

the same as the 2022 commercial 

halibut fishery opening dates adopted 

by the International Pacific Halibut 

Commission. The IFQ and CDQ halibut 

season is specified by a separate 

publication in the Federal Register of 

annual management measures. 

DATES: Effective 1200 hours, A.l.t., 

March 6, 2022, until 1200 hours, A.l.t., 

December 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: Beginning 

in 1995, fishing for Pacific halibut and 

sablefish with fixed gear in the IFQ 

regulatory areas defined in 50 CFR 679.2 

has been managed under the IFQ 

Program. The IFQ Program is a 

regulatory regime designed to promote 

the conservation and management of 

these fisheries and to further the 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act and the Northern Pacific Halibut 

Act. Persons holding quota share receive 

an annual allocation of IFQ. Persons 

receiving an annual allocation of IFQ 

are authorized to harvest IFQ species 

within specified limitations. Further 

information on the implementation of 

the IFQ Program, and the rationale 

supporting it, are contained in the 

preamble to the final rule implementing 

the IFQ Program published in the 

Federal Register, November 9, 1993 (58 

FR 59375) and subsequent amendments. 

This announcement is consistent with 

§ 679.23(g)(1), which requires that the 

directed fishing season for sablefish 

managed under the IFQ Program be 

specified by the Administrator, Alaska 

Region, and announced by publication 

in the Federal Register. This method of 

season announcement was selected to 

facilitate coordination between the 

sablefish season, chosen by the 

Administrator, Alaska Region, and the 

halibut season, adopted by the 


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