[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Rules and Regulations]
[Pages 62003-62006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24340]


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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.

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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: <a href="/cdn-cgi/l/email-protection#731516011d121d1716095d10011a00071a1d12331603125d141c05"><span class="__cf_email__" data-cfemail="f59390879b949b91908fdb96879c86819c9b94b5908594db929a83">[email protected]</span></a>.
    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 previously-listed 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

[[Page 62004]]

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 <a href="/cdn-cgi/l/email-protection#52393c3322227c2027263a123722337c353d24"><span class="__cf_email__" data-cfemail="1f74717e6f6f316d6a6b775f7a6f7e31787069">[email protected]</span></a>.

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

[[Page 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020:
0
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.
0
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:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

[[Page 62006]]



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                                                                                                  Additional
          State citation              Title/subject          State       EPA approval date    explanation/  Sec.
                                                        effective date                         52.2063 citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Title 65 Pennsylvania Statute--Public Officers
                                             Part II--Accountability
                             Chapter 11--Ethics, Standards, and Financial Disclosure
----------------------------------------------------------------------------------------------------------------
Section 1101.....................  Short title of             12/14/98  10/16/14 [Insert     Addresses CAA
                                    chapter.                             Federal Register     section 128.
                                                                         citation].
Section 1102.....................  Definitions........          1/1/07  10/16/14 [Insert     Addresses CAA
                                                                         Federal Register     section 128.
                                                                         citation].
Section 1104.....................  Statement of               12/14/98  10/16/14 [Insert     Addresses CAA
                                    financial                            Federal Register     section 128.
                                    interests required                   citation].
                                    to be filed.
Section 1105.....................  Statement of                 1/1/07  10/16/14 [Insert     Addresses CAA
                                    financial                            Federal Register     section 128.
                                    interests.                           citation].
Section 1109.....................  Penalties..........        12/14/98  10/16/14 [Insert     Addresses CAA
                                                                         Federal Register     section 128.
                                                                         citation].
 
                                                  * * * * * * *
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* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide..........         5/24/12  4/7/2014, 79 FR      This rulemaking
 Requirements for the 2008 Pb                                            19001.               action addresses
 NAAQS.                                                                                       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     This rulemaking
                                                                         Federal Register     action addresses
                                                                         citation].           the following CAA
                                                                                              elements:
                                                                                              110(a)(2)(E)(ii).
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[FR Doc. 2014-24340 Filed 10-15-14; 8:45 am]
BILLING CODE 6560-50-P


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