[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Rules and Regulations]
[Pages 67232-67233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32383]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[PA047-4034; FRL-5654-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania, Approval of Lead Implementation Plan for an Area in 
Northeast Philadelphia, PA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Pennsylvania. This revision establishes and 
requires the adherence to specified emission limits and operating 
practices by three sources in northeast Philadelphia. The intended 
effect of this action is to approve a lead plan for a portion of 
Philadelphia, Pennsylvania. This action is being taken under section 
110 of the Clean Air Act.

EFFECTIVE DATE: This final rule is effective on January 21, 1997.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
Air, Radiation, and Toxics Division, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19107; the Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460; Pennsylvania Department of Environmental Protection, Bureau of 
Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105; Department of Public Health, Air Management Services, 321 
University Avenue, Philadelphia, Pennsylvania 19104.

FOR FURTHER INFORMATION CONTACT: Denis Lohman, (215) 566-2192, E-Mail 
address: Lohman.D[email protected].

SUPPLEMENTARY INFORMATION: On July 30, 1996 (61 FR 39614), EPA 
published a notice of proposed rulemaking (NPR) for the State of 
Pennsylvania. The NPR proposed approval of a lead SIP for a portion of 
northeast Philadelphia, Pennsylvania. The formal SIP revision request 
was submitted by Pennsylvania on September 30, 1994. Other specific 
requirements of the plan and the rationale for EPA's proposed action 
are explained in the NPR and will not be restated here. No public 
comments were received on the NPR.

Final Action

    EPA approves the Philadelphia portion of the Pennsylvania lead 
implementation plan described in more detail in the NPR published on 
July 30, 1996 (61 FR 39614) as a revision to the Pennsylvania SIP. 
Nothing in this action should be construed as permitting or allowing or 
establishing a precedent for any future request for revision to any 
state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.

III. Administrative Requirements

A. Executive Order 12866
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small

[[Page 67233]]

businesses, small not-for-profit enterprises, and government entities 
with jurisdiction over populations of less than 50,000. SIP approvals 
under section 110 and subchapter I, part D of the Clean Air Act do not 
create any new requirements but simply approve requirements that the 
State is already imposing. Therefore, because the Federal SIP approval 
does not impose any new requirements, the Administrator certifies that 
it does not have a significant impact on any small entities affected. 
Moreover, due to the nature of the Federal-State relationship under the 
CAA, preparation of a flexibility analysis would constitute Federal 
inquiry into the economic reasonableness of state action. The Clean Air 
Act forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 
7410(a)(2). [605B__APP.BPT]
C. Unfunded Mandates
    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under Section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action proposed/promulgated 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector. This Federal action 
approves pre-existing requirements under State or local law, and 
imposes no new Federal requirements. Accordingly, no additional costs 
to State, local, or tribal governments, or to the private sector, 
result from this action.
D. Submission to Congress and the General Accounting Office
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).
E. Petitions for Judicial Review
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 21, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule 
approving the Pennsylvania lead implementation plan for a portion of 
northeast Philadelphia does not affect the finality of this rule 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.

    Dated: November 7, 1996.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
    Chapter I, title 40, of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(112) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (112) Revisions to the Pennsylvania Regulations--Philadelphia Lead 
Implementation Plan--submitted on September 30, 1994, by the 
Commonwealth of Pennsylvania:
    (i) Incorporation by reference.
    (A) Letter of September 30, 1994 from the Pennsylvania Department 
of Environmental Resources transmitting a revision to the Philadelphia 
portion of the Pennsylvania State Implementation Plan for lead.
    (B) Licenses to operate (permits) effective September 21, 1994, 
for:
    (1) Franklin Smelting and Refining Corporation;
    (2) MDC Industries, Inc.; and
    (3) Anzon, Inc.
    (ii) Additional information. Remainder of September 30, 1994 
submittal.

[FR Doc. 96-32383 Filed 12-19-96; 8:45 am]
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