[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37316-37318]
[FR Doc No: 2017-16806]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0204; FRL-9965-75-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revision to Allegheny County Regulations for Open Burning

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Commonwealth of Pennsylvania
state implementation plan (SIP). The revisions update Allegheny
County's portion of the Pennsylvania SIP, which includes regulations
concerning open burning. Pennsylvania submitted updated regulations, on
behalf of Allegheny County, which clarify and codify existing
regulations in order to more effectively address emissions from open
burning and protect public health. EPA is approving the SIP submittal
of Allegheny County's regulations for open burning in accordance with
the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on November 8, 2017 without further
notice, unless EPA receives adverse written comment by September 11,
2017. 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 No. EPA-R03-
OAR-2017-0204 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gregory A. Becoat,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 25, 2015, the Commonwealth of Pennsylvania through the
Pennsylvania Department of Environmental Protection submitted a formal
revision to the Pennsylvania SIP. The SIP revision consists of amended
versions of Allegheny County Health Department's (ACHD) regulations
under Article XXI (Air Pollution Control), section 2101.20,
``Definitions,'' and section 2105.50, ``Open Burning.'' Allegheny
County does not currently meet the federal air quality standards for
fine particulate matter under 2.5 microns in size (PM2.5),
including the 2015 PM2.5 national ambient air quality
standard (NAAQS), as measured annually. Wood smoke contains air toxics
and contributes to high levels of PM2.5 in Allegheny County.
The revised regulations clarify and codify existing regulations
regarding open burning in order to more effectively address emissions
due to the numerous pollutants, including air toxics, found in wood
smoke. The revised ACHD regulations, effective January 1, 2015, specify
the following details related to various aspects of open burning: (1)
Materials that may be burned; (2) the size of burn piles; (3) setback
requirements; (4) use of chimineas, fire pits, and outdoor fireplaces;
and (5) burning restrictions on air quality action days.

II. Summary of SIP Revision and EPA Analysis

    In the June 25, 2015 SIP submittal, Pennsylvania included revisions
to Article XXI, sections 2101.20 and 2105.50 with a state effective
date of January 1, 2015. The revision to section 2101.20 (Definitions)
under Article XXI amends the definition of ``open burning'' to
additionally include any fire or combustion that occurs in a chiminea,
fire pit, outdoor fireplace or grill. The revisions to section 2105.50
(Open Burning) under Article XXI consist of the following: (1) Limit
any open burning to clean wood, propane, or natural gas, and
establishes specific exceptions to the limits; (2) limit the volume of
clean wood being burned and limiting the distance permitted between
open burning locations and inhabited areas; (3) establish the
exceptions to burning clean wood for chimineas, fire pits, outdoor
fireplaces and grills. These exceptions pertain to the use of charcoal,
propane, or natural gas when pertaining to cooking, the use of
commercially available fire logs, paraffin logs and wood pellets, and
the use of paper or commercial smokeless fire starters to start an
allowed fire; (4) prohibit wood burning activities on air quality
action days, with the exception of commercial food preparation; (5)
allow ACHD to prohibit or reduce open burning based on severity,
duration, topography, and meteorological conditions; (6) restrict open
burning activities on air quality action days, with the exception of
conducting such burning for the commercial preparation of food; and (7)
make the necessary

administrative word changes and paragraph renumbering in order to
clarify and codify various regulatory and existing policies.
    These SIP revisions further address emissions from open burning,
which should reduce PM2.5 pollution and assist Pennsylvania
with the 2015 PM2.5 NAAQS. These revised regulations limit
the times and fuel types permitted for open burning which should reduce
pollutants emitted during open burning including PM2.5. The
revised provisions are expected to reduce PM2.5 emissions
throughout Allegheny County. EPA finds that the submittal strengthens
the Commonwealth of Pennsylvania SIP and is in accordance with section
110 of the CAA. Therefore, approving these regulation revisions will
not interfere with attainment of the NAAQS, rate of progress,
reasonable further progress, or any other applicable requirement of the
CAA. For additional analysis, see EPA's Technical Support Document
available in the docket for this rulemaking and online at
www.regulations.gov.

III. Final Action

    EPA is approving the Pennsylvania June 2015 SIP submittal which
contained revised provisions of ACHD's Article XXI (Air Pollution
Control), section 2101.20, ``Definitions,'' and section 2105.50, ``Open
Burning'' as the revisions meet requirements in CAA section 110. 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 November 8, 2017 without further notice unless EPA
receives adverse comment by September 11, 2017. 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.

IV. Incorporation by Reference

    In this rule, 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 section
2101.20 and section 2105.50 under Article XXI (Air Pollution Control).
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 by the Director of the Federal Register in
the next update of the SIP compilation.\1\ EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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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 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 November 8, 2017. 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,
which approves revisions to section 2101.20 and section 2105.50 under
Article XXI (Air Pollution Control), 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, Reporting and recordkeeping
requirements.

    Dated: July 24, 2017.
Cecil Rodrigues,
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, the table in paragraph (c)(2) is amended by:
0
a. Adding an entry for ``2101.20'' in numerical order under ``Part A--
General''.
0
b. Revising the entry for ``2105.50''.
    The addition and revision read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

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Article XX or XXI                                      State                             Additional explanation/
     citation              Title/subject          effective date   EPA  approval date    Sec.   52.2063 citation
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                                                 Part A--General
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                                                  * * * * * * *
2101.20..........  Definitions..................        01/01/15  8/10/17, [insert      Revised existing
                                                                   Federal Register      definition of ``Open
                                                                   citation].            burning.'' All
                                                                                remaining definitions
                                                                                are unchanged as
                                                                                approved on June 24,
                                                                                2015 (80 FR 36239).

                                                  * * * * * * *
                              Subpart 5--Open Burning and Abrasive Blasting Sources
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2105.50..........  Open Burning.................        01/01/15  8/10/17, [insert      Adding 2105.50(a)(1)
                                                                   Federal Register      subparagraphs A through
                                                                   citation].            C.
                                                                                Revising 2105.50(a)(3)
                                                                                and recodifying as
                                                                                2105.50(a)(5)
                                                                                Adding 2105.50(a)(4)
                                                                                Revising 2105.50(e) to
                                                                                replace ``Enforcement''
                                                                                with ``Coal Refuse
                                                                                Piles''
                                                                                Revising 2105.50(f) to
                                                                                replace ``Permits''
                                                                                with ``Enforcement''
                                                                                and recodifying
                                                                                ``Permits'' as
                                                                                2105.50(d)
                                                                                Revising 2105.50(d) by
                                                                                removing previous
                                                                                language in
                                                                                2105.50(d)(1)(E) and
                                                                                recodifying to replace
                                                                                with language in
                                                                                2105.50(d)(1)(F).
                                                                                Recodifying
                                                                                2105.50(d)(1)(F) to
                                                                                replace with language
                                                                                in 2105.50(d)(1)(G).
                                                                                Removing
                                                                                2105.50(d)(1)(G).
                                                                                Adding 2105.50(d)(6)
                                                                                Prior Approval--6/24/
                                                                                2015, 80 FR 36239

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[FR Doc. 2017-16806 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Rules and Regulations]
[Page 55498]
[FR Doc No: 2019-22664]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM19-18-000; Order No. 862]

Formal Requirements for Filings in Proceedings Before the
Commission

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule; delay of effective date.

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SUMMARY: The Federal Energy Regulatory Commission (Commission or FERC)
published a final rule on September 4, 2019, to require that hand
deliveries of filings and submissions other than by the United States
Postal Service be sent to an off-site facility for security screening
and processing. The final rule indicated that the new regulation would
take effect 60 days after the date of publication in the Federal
Register, which is November 4, 2019. After issuance of the final rule,
the Commission has determined that the effective date for this new
regulation should be indefinitely postponed to ensure that the public
and the Commission may make an effective transition to utilizing the
off-site facility.

DATES: The effective date of the final rule published on September 4,
2019 (84 FR 46438), is delayed indefinitely.

FOR FURTHER INFORMATION CONTACT: Christopher Cook, Office of the
Secretary, 888 First Street NE, Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Mark Hershfield, Office of the General
Counsel, 888 First Street NE, Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On August 29, 2019, the Commission issued a
final rule in Docket No. RM19-18-000 revising 18 CFR 385.2001(a) to
require that hand deliveries of filings and submissions other than by
the United States Postal Service be sent to an off-site facility for
security screening and processing.\1\ The final rule indicated that the
new regulation would take effect 60 days after the date of publication
in the Federal Register, which is November 4, 2019.
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    \1\ Formal Requirements for Filings in Proceedings Before the
Commission, 84 FR 46438 (Sept. 4, 2019), 168 FERC ] 61,120 (2019).
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    After issuance of the final rule, the Commission has determined
that the effective date for this new regulation should be indefinitely
postponed to ensure that the public and the Commission may make an
effective transition to utilizing the off-site facility. A copy of this
notification will be published in the Federal Register and will be
prominently placed on the Commission's website (http://www.ferc.gov) to
ensure that mail continues to come directly to the Commission's
headquarters during this period. A subsequent notification will be
issued regarding an effective date for the final rule in Docket No.
RM19-18-000.

    Dated: October 11, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-22664 Filed 10-16-19; 8:45 am]
 BILLING CODE 6717-01-P