[Federal Register Volume 62, Number 188 (Monday, September 29, 1997)]
[Rules and Regulations]
[Pages 50870-50871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25654]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA105-4066a; FRL-5897-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania, General Conformity Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. The revision consists of 
Pennsylvania's rule for General Conformity which sets forth policy, 
criteria, and procedures for demonstrating and assuring conformity of 
non-transportation related Federal projects to all applicable 
implementation plans. The intended effect of this action is to approve 
Pennsylvania's General Conformity Rule as a SIP revision.

DATES: This action is effective November 28, 1997 unless notice is 
received on or before October 29, 1997 that adverse or critical 
comments will be submitted. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO & 
Mobile Sources Section, Mailcode 3AT21, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19107. 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; and 
Pennsylvania Department of Environmental Protection, Rachel Carson 
State Office Building, P.O. Box 2063, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the 
EPA Region III office or via e-mail at [email protected]. 
While information may be requested via e-mail, comments must be 
submitted in writing to the Region III address.

SUPPLEMENTARY INFORMATION: On June 12, 1997, the Commonwealth of 
Pennsylvania submitted a formal revision to its State Implementation 
Plan (SIP) to meet the requirements of 40 CFR 51.851, General 
Conformity. Pennsylvania adopted the provisions of the Federal General 
Conformity Rule, 40 CFR part 93, subpart B, effective November 16, 
1994. This action to approve General Conformity Rule (25 Pa. Code 
Chapter 127, Secs. 127.801 and 127.802) is being taken under section 
110 of the Clean Air Act (CAA).

Summary of the SIP Revision

    The Commonwealth of Pennsylvania has adopted by reference the 
General Conformity Rule promulgated by the U.S. Environmental 
Protection Agency under section 176(c) of the CAA and the regulations 
codified at 40 CFR part 93, subpart B, Determining Conformity of 
General Federal Actions to State or Federal Implementation Plans. The 
Federal rule requires that all Federal actions conform to applicable 
air quality implementation plans. This rule only applies to areas 
designated nonattainment under section 107 of the CAA and described in 
the 40 CFR part 81 or areas with approved maintenance plans under 
section 175(A) of the CAA.
    The Federal rule sets forth policy, criteria, and procedures for 
demonstrating and assuring conformity of non-transportation related 
Federal projects to all applicable implementation plans developed 
pursuant to section 110 and part D of the CAA. The rule generally 
applies to Federal actions except:

    (1) Those required under the transportation conformity rule (40 CFR 
part 93, subpart A);
    (2) Actions with associated emissions below specified de minimis 
levels; and
    (3) Certain other actions which are exempt or presumed to conform 
to applicable air quality implementation plans.

    Some examples of Federal actions requiring conformity determination 
include: Airport Construction/Modification grants; Leasing of Federal 
Land; Granting a Permit; Construction of Federal Office Buildings; 
Private Construction on Federal Land; Prescribed Burning; Reuse of 
Military Bases; and Water Treatment Plants.
    At 40 CFR 51.851, State Implementation Plans, EPA promulgated the 
requirements that must be adopted by a state and submitted as a SIP 
revision to implement the General Conformity revisions. The provisions 
adopted by Pennsylvania are those contained in and required by the 
Federal rule. EPA has reviewed Pennsylvania General Conformity Rule, 
and has determined that it satisfies the requirements of 40 CFR 51.851. 
A Technical Support Document (TSD) has been prepared which details the 
EPA's evaluation of Pennsylvania's General Conformity Rule. Interested 
parties may obtain a copy of the TSD by contacting the EPA Regional 
Office listed in the ADDRESSES section of this document.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective November 28, 1997 unless, by October 29, 1997, adverse or 
critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective on November 28, 1997.

Final Action

    EPA is approving Pennsylvania's 25 Pa. Code Chapter 127, 
Secs. 127.801 and 127,802, General Conformity Rule submitted by 
Pennsylvania as a SIP revision on June 12, 1997, which was effective on 
November 9, 1996.
    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.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this action 
from review under Executive Order 12866.

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

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that the rule will not have a significant impact on a substantial 
number of small entities. Small entities include small 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 CAA 
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 CAA 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).

C. Unfunded Mandates Act

    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 included a Federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate; or to 
the 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 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 
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 the publication of the rule of 
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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 28, 1997.
    Filing a petition for reconsideration by the Administrator of this 
final rule 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, on the Pennsylvania 
General Conformity Rule, 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.

    Dated: September 16, 1997.
W. Michael McCabe,
Regional Administrator, Region III.

    40 CFR part 52 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)(126) to read 
as follows:


Sec. 52.2020  Identification of plan.

 * * * * *
    (c) * * *
    (126) Revisions to the Pennsylvania State Implementation Plan on 
June 12, 1997 by the Pennsylvania Department of Environmental 
Protection.
    (i) Incorporation by reference.
    (A) A letter of June 12, 1997 from the Pennsylvania Department of 
Environmental Protection transmitting the General Conformity Rule.
    (B) 25 Pa. Code Chapter 127, Secs. 127.801 and 127.802--General 
Conformity Rule, effective November 9, 1996.
    (ii) Additional material from the Pennsylvani's June 12, 1997 
submittal pertaining to 25 Pa. Code Chapter 127.
* * * * *
[FR Doc. 97-25654 Filed 9-26-97; 8:45 am]
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