Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Rules and Regulations 29837 

In addition, this action does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP 

obligations discussed herein do not 

apply to Indian tribes and thus this 

action will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. Nonetheless, the EPA intends 

to notify the Cocopah and Fort Yuma 

(Quechan) tribes, which have lands 

within the Yuma NAA and were 

identified in our EJ screening analysis 

noted in Section III of this document. 

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. The 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). 

• 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 July 18, 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 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, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: May 5, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the EPA amends chapter I, 

title 40 of the Code of Federal 

Regulations 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 D—Arizona 

■ 2. Section 52.126 is amended by 

adding paragraph (d) to read as follows: 

§ 52.126 Control strategy and regulations: 

Particulate matter. 

* * * * * 

(d) Pursuant to CAA section 110(k)(5), 

the State of Arizona is required to 

submit a revision to the Arizona SIP for 

the Yuma PM10 nonattainment area 

(NAA) to the EPA by November 17, 

2023. The SIP revision must, among 

other elements, provide for attainment 

of the 24-hour PM10 NAAQS in the 

Yuma NAA as expeditiously as 

practicable but no later than December 

31, 2027. 

[FR Doc. 2022–10060 Filed 5–16–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0558; FRL–9224–02– 

R3] 

Air Plan Approval; Pennsylvania; 

Revision of the Maximum Allowable 

Sulfur Content Limit for Number 2 and 

Lighter Commercial Fuel Oil in 

Allegheny County 

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 on behalf of the Allegheny 

County Health Department (ACHD). The 

revision updates Allegheny County’s 

portion of the Pennsylvania SIP, which 

includes regulations concerning sulfur 

content in fuel oil. This 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 these revisions to the 

Pennsylvania SIP in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

June 16, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0558. 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: 

Sean Silverman, 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) 

814–5511. Mr. Silverman can also be 

reached via electronic mail at 

silverman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 26, 2021 (86 FR 67418), 

EPA published a notice of proposed 

rulemaking (NPRM) that proposed 

approval of a SIP revision that 

incorporates ACHD’s updated lowsulfur fuel oil provisions into the 

Pennsylvania SIP. The SIP revision was 

submitted by Pennsylvania on 

December 1, 2020, requesting that EPA 

incorporate ACHD’s revisions to 

Allegheny County’s Regulations, 

codified at Article XXI section 2104.10, 

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 Article XXI section 

2104.10 which set the maximum 

allowable sulfur content limit for 

various fuel types into the Pennsylvania 

SIP. The amendments to Article XXI 

section 2104.10, reduce the SIP 

approved maximum allowable sulfur 

content limit for No. 2 and lighter 

commercial fuel oil, generally sold for 


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29838 Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

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 Article XXI 

section 2104.10, 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 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 http://www.regulations.gov, 

Docket number EPA–R03–OAR–2021– 

0558. 

III. EPA’s Response to Comments 

Received 

EPA received one comment, from the 

State of New Jersey, supporting our 

proposed action in the November 26, 

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 

December 1, 2020, submittal revising 

the maximum allowable sulfur content 

limit for No. 2 and lighter commercial 

fuel oil in Alleghany County. 

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 Allegheny 

County’s Regulations, codified at Article 

XXI section 2104.10. 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

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 July 18, 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 Alleghany 

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, Incorporation by 

reference, Particulate matter, Regional 

Haze, Sulfur oxides. 

Adam Ortiz, 

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: 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Rules and Regulations 29839 

Authority: 42 U.S.C. 7401 et seq. Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

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

for ‘‘2104.10’’ 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 D—Pollutant Emission Standards 

*******

2104.10 .......................... Commercial Fuel Oil ..... 09/01/20 05/17/22, [insert Federal Register.

citation] ..........................

Amended sections 2104.10 (a), and 2104.10(d). 

Previous approval (5/2/2019, 84 FR 18739). 

*******

* * * * * 

[FR Doc. 2022–10041 Filed 5–16–22; 8:45 am] 

BILLING CODE 6560–50–P 


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