[Federal Register Volume 66, Number 64 (Tuesday, April 3, 2001)]
[Rules and Regulations]
[Pages 17634-17638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8021]



[[Page 17634]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 120-4110a ; FRL-6961-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Conversion of the Conditional Approval of the 15 Percent 
Plan and 1990 VOC Emission Inventory for the Pittsburgh-Beaver Valley 
Ozone Nonattainment Area to a Full Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to convert its conditional 
approval of a State Implementation Plan (SIP) revision submitted by the 
Commonwealth of Pennsylvania to a full approval. This revision 
satisfies the 15 percent reasonable further progress plan (15% plan) 
requirements of the Clean Air Act (the Act) for the Metropolitan 
Pittsburgh-Beaver Valley ozone nonattainment area (the Pittsburgh 
area). EPA is converting its prior conditional approval of the 
Pittsburgh 15% plan to full approval because the Commonwealth submitted 
revisions to the SIP that satisfy the conditions listed in EPA's 
conditional approval. EPA is also taking direct final action to convert 
its prior conditional approval of the 1990 volatile organic compound 
(VOC) base year emissions inventory for the Pittsburgh area to a full 
approval. The intended effect of this action is to convert the 
conditional approval of the Commonwealth's 15% plan and its associated 
1990 VOC base year inventory for the Pittsburgh area to a full 
approval. This action is being taken by EPA in accordance with the 
requirements of the Clean Air Act.

DATES: This rule is effective on June 4, 2001, without further notice, 
unless EPA receives adverse written comment by May 3, 2001. 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: Written comments may be mailed to David L. Arnold, Chief, 
Air Quality Planning & Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
They are also available at the Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street, 
Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, by phone at: (215) 814-
2176 (at the EPA Region III address above), or by e-mail at: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 22, 1998, the Pennsylvania Department of Environmental 
Protection submitted a revision to the Pennsylvania State 
Implementation Plan (SIP) for the Pittsburgh-Beaver Valley moderate 
ozone nonattainment area (the Pittsburgh area). The Pittsburgh area 
consists of seven counties in Southwestern Pennsylvania (Allegheny, 
Armstrong, Butler, Beaver, Fayette, Washington, and Westmoreland 
Counties). The July 22, 1998 SIP revision submittal consists of 
amendments to the Commonwealth's plan to achieve a 15% reduction from 
1990 base year levels in volatile organic compound (VOC) emissions. The 
previous 15% plan SIP submitted by Pennsylvania for the Pittsburgh area 
was conditionally approved by EPA on January 14, 1998 (63 FR 2147). The 
Commonwealth's July 1998 revision to the 15% plan for the Pittsburgh 
area was submitted to address the conditions imposed by EPA in its 
January 14, 1998 conditional approval of the 15% plan for the area.
    These conditions were primarily related to one of the control 
measures in the SIP upon which the 15% plan is dependent for emissions 
reductions--the Pennsylvania enhanced inspection and maintenance (I/M) 
program. At the time EPA conditionally approved the 15% plan SIP, the 
Commonwealth's I/M SIP had also been conditionally approved. EPA also 
conditioned approval of the 15% plan because of inconsistencies in the 
emissions estimates for two point sources in the 1990 VOC base year 
inventory. Because the 1990 base year emissions inventory was 
conditionally approved for this reason, and because the 15% plan is 
calculated on the basis of the 1990 inventory, EPA also placed a 
similar inventory-related condition upon its approval of the 15% plan 
in its January 14, 1998 conditional approval.
    EPA is converting the January 14, 1998 (63 FR 2147) conditional 
approval of Pennsylvania's 15% plan for the Pittsburgh nonattainment 
area to a full approval. The basis for this conversion from conditional 
to full approval is that Pennsylvania has remedied all the conditions 
imposed by EPA in its January 14, 1998 conditional approval action. The 
revised 15% plan emissions target level has been achieved through 
reductions for the measures claimed in the 15% plan.

II. How Pennsylvania's Revision Satisfies the Conditions Imposed by 
EPA in Its Conditional Approval

    As stated above, the subject of this rulemaking is Pennsylvania's 
July 22, 1998 revision to the Pittsburgh 15% plan, submitted by the 
Commonwealth to address conditions imposed by EPA upon its January 14, 
1998 approval of the original 15% plan and the 1990 baseline VOC 
emissions inventory submitted as part of that plan. As stated earlier, 
those conditions relate to the Federal approval status of the I/M 
program SIP (upon which the 15% plan relies), the modeled credits for 
the I/M program, and the 1990 VOC baseline emissions inventory (which 
is used in the calculation of the 15% reduction). Remodeling of the 
highway mobile source portion of the projected 1996 VOC emission 
inventory (i.e., I/M program credits remodeling) necessitates a re-
evaluation of the 15% plan ``target level'' calculation. However, only 
those aspects of the revised target level calculation associated with 
the conditions of EPA's approval are the subject of this rulemaking 
action. For purposes of clarity, however, the entire calculation 
process is set forth below.

A. Base Year Emission Inventory

    The baseline from which the required reductions towards the 15% 
plan goal are applied is the 1990 base year emission inventory. The 
first step in calculating a 15% target is a 1990 base year inventory. 
The inventory is broken down into four emissions source sectors: 
stationary, or point, sources; area sources; on-road, or highway, 
mobile sources; and off-highway, or non-road, mobile sources. The 1990 
base year inventory includes emissions from all sources within the 
nonattainment area and certain large point sources within twenty-five 
miles of the boundary. For purposes of planning reasonable further 
progress towards attainment (e.g., 15% planning), a subset of the 1990 
base year inventory is used. This 1990 rate-of-progress (ROP) inventory 
includes only anthropogenic emissions that occurred within the 
boundaries of the subject nonattainment area. EPA conditioned approval 
of Pennsylvania's 1990 base

[[Page 17635]]

year inventory SIP revision (and the 15% plan, which is dependent upon 
the 1990 base year inventory) for Pittsburgh on January 14, 1998 (63 FR 
2147). The basis for EPA's approval condition was that the inventory 
lacked final estimates for two stationary VOC emissions sources--J&L 
Specialty Steel, Inc. and Indspec Chemical Corp. Pennsylvania submitted 
final estimates for these two sources as part of a July 22, 1998 
revised 15% plan SIP. As a result of this revision, the 1990 base year 
inventory now includes J & L Specialty Steel--Midland's 1990 VOC 
emissions of 850.4 pounds per day, and Indspec Chemical--Petrolia's 
1990 VOC emissions of 1022.4 pounds per day. The result is an overall 
addition to 1990 point source VOC emissions of 0.90 tons per day from 
the level EPA conditionally approved on January 14, 1998. This revised 
inventory serves as the basis for calculation of the 15% plan target 
level, for purposes of achieving the required 15% VOC reduction. A 
comparison of the differences between the conditionally approved 1990 
base year inventory and the revised base year inventory is provided in 
the technical support document (TSD) prepared for this action.

B. Growth in Emissions Between 1990 and 1996

    EPA interprets the Clean Air Act to require that reasonable further 
progress towards attainment of the ozone standard must occur after 
offsetting any growth in the level of emissions expected to occur over 
the period being considered. To meet the 15% reasonable further 
progress requirement, a state must enact measures to offset projected 
growth in VOC emissions, in addition to a 15% reduction of 1996 VOC 
emissions (compared with 1990 levels). EPA approved the Commonwealth's 
emission growth estimates and imposed no conditions related to those 
estimates in its January 14, 1998 conditional approval of the 15% plan 
for the Pittsburgh area. A detailed description of the growth 
methodologies used by Pennsylvania can be found in the January, 14 1998 
conditional approval and in the TSD prepared for that rulemaking.

C. 15% Plan Emissions Control Measures and Their Associated Emissions 
Reductions

    The remaining conditions imposed by EPA in its January 14, 1998 
conditional approval of the Pittsburgh 15% plan relate to the enhanced 
I/M program. The first of these conditions related to the approval 
status of the I/M program at the time EPA took action on the 15% plan. 
Because the I/M program was conditionally approved, the 15% plan had to 
be conditionally approved to require that Pennsylvania ``meet the 
conditions listed in the January 28, 1997 conditional interim 
inspection and maintenance (I/M) rulemaking (approval) notice''. The 
other I/M-related condition required Pennsylvania to remodel the I/M 
reductions claimed in the plan, using an EPA guidance memoranda 
entitled, ``Modeling 15 Percent VOC Reductions from I/M in 1999--
Supplemental Guidance'', from Gay McGregor and Sally Shaver, dated 
December 23, 1996. This EPA policy memo (along with another entitled, 
``Date by which States Need to Achieve All the Reductions Needed for 
the 15 Percent Plan from I/M and Guidance for Recalculation,'' from 
John Seitz and Margo Oge, dated August 13, 1996) provided EPA's 
guidance on how to take credit for I/M in light of program 
implementation delays that caused programs to start after the 1996 
deadline for achieving the 15% reduction in VOCs.
    With respect to the approval status of its I/M program SIP, 
Pennsylvania has since revised its I/M program SIP, and the revised I/M 
SIP was fully approved by EPA on June 17, 1999 (64 FR 32411). 
Therefore, the condition on the 15% plan related to conditions imposed 
by EPA in our prior approval of the I/M SIP has now been remedied. With 
respect to the 15% plan approval condition related to emissions 
reductions from the I/M program, Pennsylvania has addressed this 
condition by remodeling the benefits of the I/M program (per EPA's 
guidance), and submitting that remodeling analysis as part of its July 
22, 1998 revised 15% plan SIP. A discussion of the resultant 
recalculation of the highway mobile source emissions and the revised 
15% plan target levels associated with this remodeling are discussed 
later in this document. EPA believes that Pennsylvania has properly 
followed EPA guidance in conducting this remodeling analysis.

D. Target Level/Emission Reductions Needed for the 15% Reduction

    As part of its remodeling analysis to determine needed reductions 
toward the 15% plan from I/M, Pennsylvania remodeled the benefits from 
all of its 15% plan control measures that reduce highway source 
emissions (i.e., those modeled using the MOBILE emission factor model). 
In addition to the enhanced I/M program, this includes the 15% plan 
reductions from post-1990 emissions standards for new cars and light-
duty trucks. These standards, which are part of the Federal Motor 
Vehicle Control Program (FMVCP), are commonly referred to as the ``Tier 
1'' emissions standards. EPA concurs with the Commonwealth's remodeling 
demonstration as submitted in the July 22, 1998 revised 15% plan SIP. 
This revised plan properly accounts for the ``target level'' of 1996 
emissions, with which projections of 1996 ``controlled'' emissions are 
then compared. EPA also concurs with the revised mobile source target 
level calculation for the Pittsburgh area, and the resultant overall 
corrected target level. The overall corrected target level is 312.94 
tons per day (tpd). A description of the revised target level 
calculation process is summarized below, and in more detail in the TSD 
prepared by EPA for this rulemaking action.

E. Summary of the Revised Target Level Calculation / I/M Remodeling 
Process

    EPA's interpretation of section 182(b) of the Clean Air Act 
requires states to adjust the base year VOC emission inventory for the 
15% plan to account for non-creditable VOC reductions (i.e., that were 
required to occur prior to the 1990 Clean Air Act Amendments). In 
calculating its target level, reductions that occurred between 1990 and 
1996 from the pre-1990 FMVCP and low-RVP gasoline programs are 
subtracted from the 1990 15% plan base inventory. The result is the 
``1990 base year inventory adjusted to 1996.''
    EPA's applicable remodeling guidance requires that the base year 
inventory be calculated, relative both to 1996 and to 1999. The base 
year inventory (relative to 1999) must then be adjusted in the same way 
to remove non-creditable, pre-1990 control measure reductions from the 
inventory for the period from 1990 to 1999. Pennsylvania's 15% plan 
contains the required calculation of the non-creditable reductions that 
occurred between 1996 and 1999. That non-creditable reduction must then 
be subtracted from the 1990 15% plan base year inventory. The result is 
the ``1990 base year inventory adjusted to 1999.'' Pennsylvania then 
calculated a ``base'' 1996 VOC target level by taking 85% of the 1990 
adjusted base year inventory for 1996. This base target level is then 
corrected by subtracting the previously calculated non-creditable 
reductions from the ``base'' 1996 VOC target level to yield the final 
1996 VOC target level for the 15% plan. See Table 1 below, for a 
summary of the calculation of the target level.

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  Table 1.--Required Reductions for the Pittsburgh-Beaver Valley Metropolitan Ozone Nonattainment Area 15% Plan
                                                   (tons/day)
                          [Revised 15% Plan Target Level / I/M Remodeling Calculation]
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                                                                                                       Tons per
                   Steps                                        Calculation method                     day (tpd)
----------------------------------------------------------------------------------------------------------------
1990 Rate-of-Progress Base Year Inventory..  .......................................................      403.79
1. Calculate the 1990 base year inventory    [1996 MOBILE factor (w/ CAA controls off)  x  1990 VMT]      374.92
 (relative to 1996).                          + non-mobile 1990 inventory.
2. Calculate the 1996 base year inventory    [1999 MOBILE factor (w/ CAA controls off)  x  1990 VMT]      369.18
 (relative to 1999).                          + non-mobile 1990 inventory.
3. Calculate non-creditable fleet turnover   1990 base (for 1996) - 1990 base (for 1999); or, (Step         5.74
 between 1996 and 1999.                       2 - Step 1).
4. Calculate the ``base'' 1996 target level  1990 adjusted base (for 1996)  x  0.85 - RACT Fix-Ups;       318.68
                                              or, (Step 1  x  0.85) - RACT fix-ups (if any).
5. Calculate the ``final'' 1996 target       1996 target level-non-creditable 1996-1999 emissions;        312.94
 level.                                       or, (Step 4 - Step 3).
6. Projected 1996 Controlled Inventory (as   remodeled highway emissions + remainder of existing         303.35
 remodeled).                                  1996 projected inventory (i.e., point, area, non-road
                                              emissions) [95.07 \1\ + 61.61 + 117.53 + 29.14].
----------------------------------------------------------------------------------------------------------------
\1\ Pennsylvania July 22, 1998 SIP revision lists 1996 controlled highway emissions of 102.45 tons per day in an
  introductory SIP target calculation summary table. However, supporting information contained in appendices to
  the SIP documents this figure as 95.07 tons per day. EPA believes the 102 tpd figure is an error, and is
  proposing to approve the SIP based upon the 95 tpd figure. Use of either figure, however, would not jeopardize
  the ability of the plan to achieve the required 15% reduction.

    The revised 15% plan provides for sufficient VOC emissions 
reductions to meet the calculated 15% plan ``target level'' of 
emissions--i.e., the revised 15% SIP demonstrates emissions will fall 
below 303.3 tons per day versus the calculated target level of 312.9 
tons per day. EPA is approving this final, corrected target level for 
the Pittsburgh-Beaver Valley 15% plan.
    The Commonwealth's July 22, 1998 revised 15% SIP has satisfied the 
conditions listed by EPA in its January 14, 1998 (63 FR 2147) 
conditional approval of the Pittsburgh 15% plan and its underlying 1990 
base year VOC emissions inventory.

F. Determination That Revised 15% Plan Achieves Reasonable Further 
Progress

    As part of the 15% plan I/M remodeling process the base year VOC 
inventory, target level, and projected reduction levels from the 
control measures claimed in the15 % plan have been recalculated since 
EPA granted conditional approval to the SIP in January of 1998. As part 
of its revision to the 15% plan SIP, the Commonwealth demonstrated that 
the control measures in the 15% plan originally approved by EPA 
continue to ensure sufficient reductions are achieved to meet the 
revised target level. Under the revised plan, the emissions reductions 
claimed for the Pittsburgh 15% plan increased from 65.68 tons per day 
(from the prior conditionally approved SIP) to 74.79 tons per day.
    EPA agrees with the Commonwealth's calculations and methodology 
used in the revised plan to justify this number. EPA supports the 
Commonwealth's emissions reductions claimed for the control measures in 
the 15% plan. Pennsylvania properly employed EPA's guidance in 
calculating its revised 15% plan target and in meeting that target. 
EPA, therefore, concurs that Pennsylvania must achieve at least 70.17 
tons per day in creditable emission reductions to demonstrate that the 
Pittsburgh-Beaver Valley ozone nonattainment area has met its 15% VOC 
reduction requirement. EPA has determined that Pennsylvania's revised 
15% plan has sufficient reductions (from creditable control measures) 
to achieve the required 15% reduction. Pennsylvania claims 74.79 tons 
per day of creditable reductions, which is sufficient to ensure that 
reasonable further progress is achieved.
    Table 2 below summarizes the creditable measures, and the 
reductions associated with those measures, for Pennsylvania's 15% plan 
for the Pittsburgh area. It should be noted that these constitute the 
same measures that EPA approved in our January 14, 1998 conditional 
approval of the Pittsburgh 15% plan. However, due to the I/M remodeling 
analysis, the level of credits associated with the highway mobile 
source control measures (i.e., the I/M program and Tier 1 motor vehicle 
emissions standards) has changed. Because these measures and credit 
levels were approved by EPA previously, this rulemaking action applies 
only to the revised credit levels associated with the highway mobile 
source controls.

Table 2.--Summary of Control Measures for the 15% Plan for the Pittsburgh-Beaver Valley Ozone Nonattainment Area
----------------------------------------------------------------------------------------------------------------
                                                                                                   VOC reduction
                    Control measure                                  Approved by EPA              (tons per day)
----------------------------------------------------------------------------------------------------------------
Highway Mobile Source Control Measures:
    Enhanced I/M Program...............................  SIP approved [June 17, 1999 (64 FR                17.08
                                                          32411)].
    Tier 1 Motor Vehicle Standards (post-1990 FMVCP)...  Federal rule...........................           10.56
Non-Highway Measures (Point, Area, Non-road):
    Benzene National Emission Standard for Hazardous     Federal rule...........................           35.20
     Air Pollutant (NESHAP).
    AIM Coatings Reformulation.........................  Federal rule...........................            5.05
    Consumer & Commercial Products Reformulation.......  Federal rule...........................            4.35
    Autobody Refinishing Reformulation.................  Federal rule...........................            2.55
                                                                                                 ---------------
        Total Creditable Emission Reductions...........  .......................................           74.79
----------------------------------------------------------------------------------------------------------------


[[Page 17637]]

G. Transportation Conformity Budgets

    As is the case with any 15% plan, Pennsylvania's 15% plan for its 
portion of the Pittsburgh-Beaver Valley ozone nonattainment area 
contains a budget for VOC emissions from on-road mobile sources. 
However, this budget would be superceded by subsequent plan submittals 
(e.g., the budget contained in a maintenance plan).
    For the most recent information of the motor vehicle budget that 
applies to the Pittsburgh area, please consult EPA's ``Adequacy Review 
of SIP Submissions for Conformity'' web page at http://www.epa.gov/oms/transp/conform/adequacy.htm, or contact the EPA Regional office listed 
in the ADDRESSES section above.

III. Final Action

    EPA is converting its January 14, 1998 (63 FR 2147) conditional 
approval of the 15% plan and the 1990 VOC emission inventory for the 
Pittsburgh-Beaver Valley ozone nonattainment area to a full approval. 
EPA's review of Pennsylvania's July 22, 1998 revision to the 15% plan 
SIP for the Pittsburgh area indicates that the Commonwealth has 
remedied all the conditions imposed by EPA in its January 14, 1998 
conditional approval (63 FR 2147) of the Pittsburgh area 15% plan 
including the condition imposed on its approval of the 1990 base year 
VOC emission inventory for the Pittsburgh area.
    EPA is publishing this rule without prior proposal because the 
Agency views the conversion of its conditional approval of the 
Pittsburgh area's 15% plan and its associated 1990 base year VOC 
emission inventory to a full approval as noncontroversial and 
anticipates no adverse comment. The Commonwealth has satisfied the 
conditions imposed in EPA's January 14, 1998 conditional approval and 
has followed all applicable EPA guidance in doing so. However, in the 
``Proposed Rules'' section of today's Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
convert its conditional approval of the Pittsburgh area's 15% plan and 
its associated 1990 base year VOC emission inventory to a full approval 
if adverse comments are filed. This rule will be effective on June 4, 
2001, without further notice unless EPA receives adverse comment by May 
3, 2001. 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.

IV. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

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 rule 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. This rule 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 Clean Air Act, petitions for 
judicial review of this direct final approval action to convert the 
January 14, 1998 conditional approval (63 FR 2147) of the 
Commonwealth's 15% plan and its associated 1990 base year VOC emission 
inventory for the Pittsburgh-Beaver Valley area must be filed in the 
United States Court of Appeals for the appropriate circuit by June 4, 
2001. 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 may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

[[Page 17638]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: March 22, 2001.
W.C. Early,
Acting 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 et seq.

Subpart NN--Pennsylvania

    2. Section 52.2026(d) and (e) are removed and reserved.

    3. In section 52.2036, paragraph (d) is added to read as follows:


Sec. 52.2036 1990  Baseyear Emissions Inventory.

* * * * *
    (d) EPA grants full approval to the 1990 VOC emission inventory for 
the Pittsburgh ozone nonattainment area, which was provided by 
Pennsylvania as an element of a March 22, 1996 submittal of the 15 
Percent Rate-of-Progress Plan for the Pittsburgh-Beaver Valley ozone 
nonattainment area. Supplemental 1990 VOC inventory information and 
estimates were submitted by the Secretary of the Department of 
Environmental Protection on February 19, 1997 and on July 22, 1998, as 
formal amendments to the Pittsburgh 15 Percent Plan for Pittsburgh. EPA 
grants full approval to the final 1990 VOC emissions inventory 
estimates contained in Pennsylvania's July 22, 1998 SIP revision (which 
serves to supplement the 1990 VOC inventory information contained in 
Pennsylvania's March 22, 1996 and February 19, 1997 Pittsburgh-Beaver 
Valley 15% plan SIP revisions). The approved plan contains 1990 base 
year point, area, highway, and non-road mobile VOC emissions estimates 
for the 7-county Pittsburgh-Beaver Valley ozone nonattainment area 
(Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and 
Westmoreland Counties).
* * * * *

    4. Section 52.2038 is added to read as follows:


Sec. 52.2038  Rate of Progress Plans: ozone.

    EPA grants full approval to Pennsylvania's 15 Percent Rate of 
Progress Plan for the Pittsburgh-Beaver Valley ozone nonattainment 
area, submitted by the Secretary of the Pennsylvania Department of 
Environmental Protection on March 22, 1996, as formally revised on 
February 18, 1997 and on July 22, 1998.

[FR Doc. 01-8021 Filed 4-2-01; 8:45 am]
BILLING CODE 6560-50-U