[Federal Register Volume 66, Number 210 (Tuesday, October 30, 2001)]
[Rules and Regulations]
[Pages 54698-54699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26767]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA041-4180; FRL-7089-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Reasonably Available Control Technology Requirements for 
Volatile Organic Compounds and Nitrogen Oxides in the Philadelphia-
Wilmington-Trenton Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is removing the limited status of its approval of the 
Commonwealth of Pennsylvania State Implementation Plan (SIP) revision 
that requires all major sources of volatile organic compounds (VOC) and 
nitrogen oxides ( NOX) to implement reasonably available 
control technology (RACT) as it applies in the Philadelphia-Wilmington-
Trenton ozone nonattainment area (the Philadelphia area). EPA is 
converting its limited approval of Pennsylvania's VOC and 
NOX RACT regulations to full approval because EPA has 
approved all of the case-by-case RACT determinations submitted by 
Pennsylvania for the affected sources located in the Philadelphia area. 
The intended effect of this action is to remove the limited nature of 
EPA's approval of Pennsylvania's VOC and NOX RACT 
regulations as they apply in the Philadelphia area.

EFFECTIVE DATE: This final rule is effective on November 29, 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; Allegheny County 
Health Department, Bureau of Environmental Quality, Division of Air 
Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201; 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: Marcia Spink, (215) 814-2104 or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION

I. Background

    On September 6, 2001 (66 FR 46571), EPA published a notice of 
proposed rulemaking (NPR) for the State of Pennsylvania. The NPR 
proposed to remove the limited status of EPA's approval of the 
Commonwealth of Pennsylvania SIP revision that requires all major 
sources of VOC and NOX to implement reasonably available 
control technology (RACT) as it applies in the Philadelphia area. The 
rationale for EPA's action is explained in the NPR and will not be 
restated here. No comments were received on the NPR.

II. Final Action

    EPA is converting its limited approval of Pennsylvania's generic 
VOC and NOX RACT regulations, 25 Pa Code Chapter 129.91 
through 129.95, to full approval as they apply in the five-county 
Philadelphia-Wilmington-Trenton ozone nonattainment area. EPA has 
approved all of the case-by-case RACT determinations submitted by PADEP 
for affected major sources of NOX and/or VOC sources located 
in Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties, the 
five counties that comprise the Pennsylvania portion of the 
Philadelphia area.

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 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 tribal implications because it will 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). 
This action also does not have Federalism implications because it does 
not 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). 
This action 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 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (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. This rule does not impose an information collection 
burden under the provisions

[[Page 54699]]

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 December 31, 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 converting EPA's limited approval of 
Pennsylvania's generic VOC and NOX RACT regulations, 25 Pa 
Code Chapter 129.91 through 129.95, to full approval as they apply in 
the five-county Philadelphia-Wilmington-Trenton ozone nonattainment 
area 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, 
Intergovernmental relations, Nitrogen dioxide, Ozone.

    Dated: October 15, 2001.
James W. Newsom,
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 52.2027 is amended by adding paragraph (b) to read as 
follows:


Sec. 52.2027  Approval Status of Pennsylvania's Generic NOX and VOC 
RACT Rules.

* * * * *
    (b) Effective November 29, 2001, EPA removes the limited nature of 
its approval of 25 PA Code of Regulations, Chapter 129.91 through 
129.95 [see Sec. 52.2020 (c)(129)] as those regulations apply to the 
Philadelphia-Wilmington-Trenton area. Chapter 129.91 through 129.95 of 
Pennsylvania's regulations are fully approved as they apply in Bucks, 
Chester, Delaware, Montgomery, and Philadelphia Counties, the five 
counties that comprise the Pennsylvania portion of the Philadelphia 
area.

[FR Doc. 01-26767 Filed 10-29-01; 8:45 am]
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