[Federal Register Volume 66, Number 86 (Thursday, May 3, 2001)]
[Rules and Regulations]
[Pages 22123-22125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10984]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA143-4115a; FRL-6973-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Reasonably Available Control Technology 
Requirements for Volatile Organic Compounds and Nitrogen Oxides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is removing the conditional status of its approval of the 
Commonwealth of Pennsylvania State Implementation Plan (SIP) revision 
that requires all major sources of volatile organic compounds (VOCs) 
and nitrogen oxides (NOX) to implement reasonably available 
control technology (RACT). Pennsylvania has satisfied the condition 
imposed in EPA's conditional limited approval published on March 23, 
1998 (63 FR 13789). The intended effect of this action is to remove the 
conditional nature of EPA's approval of Pennsylvania's VOC and 
NOX RACT Regulation. The regulation retains its limited 
approval status. Conversion of the Pennsylvania VOC and NOX 
RACT Regulation from limited to full approval will occur when EPA has 
approved the case-by-case RACT determinations submitted by 
Pennsylvania.

DATES: This rule is effective on June 18, 2001 without further notice, 
unless EPA receives adverse written comment by June 4, 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 should be mailed to David L. Arnold, Chief, 
Air Quality Planning and 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,

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Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103, and the 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, at 
the EPA Region III address above, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 23, 1998 (63 FR 13789), EPA granted a conditional limited 
approval of the Pennsylvania SIP that established and required all 
major sources of VOCs and NOX to implement RACT. This 
approval was granted on the condition that Pennsylvania must, by no 
later than April 22, 1999, certify that (1) it had submitted case-by-
case RACT proposals for all sources subject to the RACT requirements 
currently known to the Pennsylvania Department of Environmental 
Protection (PADEP), or (2) demonstrate that the emissions from any 
remaining subject sources represented a de minimis level of emissions 
as defined in the rulemaking document.
    On April 22, 1999, the PADEP submitted a letter certifying that it 
had met the terms and conditions imposed by EPA in its March 23, 1998 
conditional limited approval of its VOC and NOX RACT 
regulations by submitting 485 case by case VOC/NOX RACT 
determinations as SIP revisions. EPA concurs that Pennsylvania's April 
22, 1999 certification satisfies the condition imposed in its 
conditional limited approval published on March 23, 1998. EPA is, 
therefore, removing the conditional status of its approval of 
Pennsylvania's VOC and NOX RACT regulation. The regulation 
retains its limited approval status. Conversion to full approval will 
occur when EPA has approved the case-by-case RACT determinations 
submitted by PADEP.

II. EPA Action

    EPA is removing the conditional status of its approval of 
Pennsylvania's VOC and NOX RACT Regulation. The regulation 
will retain limited approval status until EPA has approved the case-by-
case RACT SIP revisions proposals submitted by PADEP. This action is 
being published without prior proposal because we view this as a 
noncontroversial amendment and because we anticipate no adverse 
comments. In a separate document in the ``Proposed Rules'' section of 
this Federal Register publication, we are proposing to remove the 
conditional status of the approval of the Pennsylvania's VOC and 
NOX RACT Regulation. This action will be effective without 
further notice unless we receive relevant adverse comment by June 4, 
2001. If we receive such comment, we will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect. We will address all public comments in a subsequent final 
rule based on the proposed rule. Any parties interested in commenting 
must do so at this time. If no such comments are received by June 4, 
2001, you are advised that this section will be effective on June 18, 
2001.

III. 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 (Public Law 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 action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 2, 2001. Filing a 
petition for reconsideration by the Administrator of the removal of the 
conditional status of EPA's approval of Pennsylvania's VOC and 
NOX RACT

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regulation 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, Nitrogen dioxide, 
Ozone, Reporting and record keeping requirements.

    Dated: April 24, 2001.
William 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


Sec. 52.2026  [Amended]

    2. In Sec. 52.2026, paragraph (f) is removed and reserved.
[FR Doc. 01-10984 Filed 5-2-01; 8:45 am]
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