[Federal Register Volume 66, Number 165 (Friday, August 24, 2001)]
[Rules and Regulations]
[Pages 44547-44548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21432]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 150-4150; FRL-7043-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Conversion of the Conditional Approval of the 15 Percent 
Plan for the Pennsylvania Portion of the Philadelphia-Wilmington-
Trenton Nonattainment Area to a Full Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is converting its conditional approval of a State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania to a full approval. The revision is the 15 percent 
reasonable further progress plan (15% plan) for Pennsylvania's portion 
of the Philadelphia-Wilmington-Trenton ozone nonattainment area (the 
Philadelphia area). EPA is converting its approval of this SIP revision 
from conditional to full approval because the Commonwealth has 
satisfied the conditions imposed by EPA's prior conditional approval of 
the Philadelphia 15% plan. The intended effect of this action is to 
convert EPA's conditional approval of Pennsylvania's 15% plan SIP for 
the Philadelphia area to a full approval.

EFFECTIVE DATE: This final rule is effective on September 24, 2001.

ADDRESSES: 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 or 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 at (215) 814-2176, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 16, 2001 (66 FR 27051), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed 
the conversion of EPA's prior conditional approval of Pennsylvania's 
15% plan SIP for the Philadelphia area to full approval. The basis for 
this proposed approval was a formal amendment to Pennsylvania's 15% 
plan SIP revision that was submitted by Pennsylvania on June 5, 1998. 
EPA is approving Pennsylvania's 15% plan for its portion of the 
Philadelphia area, which is based upon an overall air emissions target 
level of 487.9 tons per day of anthropogenic volatile organic 
compounds. EPA's rationale for approval of this SIP revision and the 
specific details of EPA's proposed action are explained in the NPR and 
will not be restated here. No public comments were submitted on the 
NPR.

II. Final Action

    EPA is converting its prior conditional approval of Pennsylvania's 
15% plan for its portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area to a full approval. This action upon Pennsylvania's 
15% plan SIP revision for the Philadelphia area serves to convert EPA's 
prior conditional approval of this SIP revision to a full approval.

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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves a 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

[[Page 44548]]

(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 to convert EPA's prior conditional 
approval of the Philadelphia 15% plan to full approval must be filed in 
the United States Court of Appeals for the appropriate circuit by 
October 23, 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Ozone.

    Dated: August 16, 2001.
Thomas C. Voltaggio,
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. In Sec. 52.2038 the existing text is designated as paragraph (a) 
and paragraph (b) is added to read as follows:


Sec. 52.2038  Rate of progress plans: ozone.

* * * * *
    (b) EPA grants full approval to the 15 Percent Rate of Progress 
Plan for Pennsylvania's portion of the Philadelphia-Wilmington-Trenton 
ozone nonattainment area. The area that is the subject of this action 
encompasses Bucks, Chester, Delaware, Philadelphia, and Montgomery 
Counties. The plan was formally submitted to EPA by the Secretary of 
the Pennsylvania Department of Environmental Protection on September 
12, 1996, and was formally revised on April 10, 1997 and June 5, 1998.


Sec. 52.2026  [Removed and Reserved]

    3. Section 52.2026 is removed and reserved.
[FR Doc. 01-21432 Filed 8-23-01; 8:45 am]
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