[Federal Register Volume 68, Number 37 (Tuesday, February 25, 2003)]
[Rules and Regulations]
[Pages 8723-8724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4256]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA159-4201a; FRL-7448-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revisions to the Air Resource Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Pennsylvania State Implementation Plan (SIP) submitted by the 
Pennsylvania Department of Environmental Protection (PADEP). The 
revision changes portions of Pennsylvania's air resource regulations. 
Specifically, today's action approves revised definitions related to 
``major modification,'' ``modification,'' ``potential to emit,'' 
``responsible official'' and ``secondary emissions'' as conforming to 
the Federal definitions of these terms. The changes will make 
Pennsylvania's regulations consistent with Federal requirements. EPA is 
approving this revision in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This rule is effective on April 28, 2003 without further notice, 
unless EPA receives adverse written comment by March 27, 2003. 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 Makeba A. Morris, 
Chief, Permits and Technical Assessment Branch, Air Protection 
Division, Mail Code 3AP11, 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; 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, Bureau of Air Quality, PO Box 8468, 400 Market Street, 
Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Michael I. Ioff, P.E., (215) 814-2166, 
or by e-mail at [email protected]. Please note that while questions may 
be posed via telephone and e-mail, formal comments must be submitted in 
writing, as indicated in the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 6, 2000, PADEP submitted a formal revision to the 
Pennsylvania State Implementation Plan (SIP). The SIP revision consists 
of changes to Pennsylvania's air resource regulations.

II. Summary of SIP Revision

    The changes to Chapter 121, section 121.1, relating to definitions, 
modify the definitions of ``major modification,'' ``modification,'' 
``potential to emit,'' ``responsible official'' and ``secondary 
emissions'' to conform with the Federal definitions of these terms. In 
addition, the revised definition of ``major modification'' continues to 
remain more stringent than the corresponding Federal definition because 
it does not recognize the exclusion for combustion of municipal solid 
waste at steam generating units included in the Federal definition of 
``major modification.'' Notwithstanding this particular minor deviation 
from the corresponding Federal definition, the changes approved by 
today's action make the definitions consistent with Federal definitions 
of these terms promulgated under the CAA.

III. Final Action

    EPA is approving the revisions to the Commonwealth of 
Pennsylvania's air resource regulations submitted by PADEP on March 6, 
2000. The revisions amend portions of Chapter 121, General Provisions, 
Section 121.1, Definitions. EPA is publishing this rule without prior 
proposal because the Agency views this as a noncontroversial amendment 
and anticipates no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
adverse comments are filed. This rule will be effective on April 28, 
2003 without further notice unless EPA receives adverse comment by 
March 27, 2003. 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. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

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 (Pub. L. 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),

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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 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 April 28, 2003. 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 approving the revisions to Pennsylvania's 
air resource regulations 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide.

    Dated: January 30, 2003.
Donald S. Welsh,
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 52.2020 is amended by adding paragraph (c)(197) to read 
as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (197) Revisions to the Commonwealth of Pennsylvania Regulations 
pertaining to the Pennsylvania's air resource regulations submitted on 
March 6, 2000 by the Pennsylvania Department of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of March 6, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting revisions to the Commonwealth's 
Regulations pertaining to the Pennsylvania's air resource regulations.
    (B) Revisions to 25 PA Code, Part I, Subpart C, Article III, 
effective December 27, 1997. Revisions to Chapter 121, General 
Provisions, Section 121.1, definitions for major modification, 
modification, potential to emit, responsible official and secondary 
emissions.
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(197)(i) of this 
section.

[FR Doc. 03-4256 Filed 2-24-03; 8:45 am]
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