[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Rules and Regulations]
[Pages 33012-33014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13711]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA158-4206a; FRL-7504-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Removal of Alternative Emission Reduction Limitations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

[[Page 33013]]

SUMMARY: EPA is taking direct final action on revisions to the 
Commonwealth of Pennsylvania State Implementation Plan (SIP) submitted 
by the Pennsylvania Department of Environmental Protection (PADEP). The 
revision removes alternative emission reduction limitations for air 
contaminant sources at eight facilities. EPA is approving these 
revisions to the SIP in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: This rule is effective on August 4, 2003, without further 
notice, unless EPA receives adverse written comment by July 3, 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 addressed to Makeba Morris, 
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, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Kathleen Anderson, (215) 814-2173, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 6, 2000, the Commonwealth of Pennsylvania submitted a 
formal revision to its State Implementation Plan (SIP). The SIP 
revision consists of the removal of alternative emission reduction 
limitations for the facilities and pollutants listed in Table 1. Public 
hearings were held on July 28, July 30 and August 5, 1997. The final 
rule removing the alternative emission reduction limitations became 
effective on October 19, 1999.

II. Summary of SIP Revision

    As part of the Commonwealth's Regulatory Basics Initiative, the 
PADEP was required to review existing regulations and identify those 
that were, among other things, obsolete or no longer necessary. As a 
result of this initiative, PADEP identified certain regulations for 
source specific alternative emission reduction limitations, codified in 
title 25, chapter 128 of the Commonwealth's regulations, as no longer 
necessary due to changes in processes, equipment or the closing of the 
affected facility. Chapter 128 allows sources to submit proposals to 
implement an alternative emission reduction option for existing sources 
known as the ``bubble'' policy. The specific alternative emission 
reduction limitations to be removed from the Commonwealth's SIP, 
including the names of the affected sources and pollutants, are listed 
in Table 1.

                      Table 1.--List of Affected Alternative Emission Reduction Limitations
----------------------------------------------------------------------------------------------------------------
        Name of facility                 PADEP citation              Pollutant         40 CFR part 52 citation
----------------------------------------------------------------------------------------------------------------
Andre Greenhouses, Inc.,          Sec.   128.11...............  SO2...............  52.2020(c)(35)
 Southampton.
Andre Greenhouses, Inc.,          Sec.   128.12...............  SO2...............  52.2020(c)(35)
 Doylestown.
Andre Greenhouses, Inc.,          Sec.   128.13...............  SO2...............  52.2020(c)(35)
 Wyndmoor.
U.S. Steel Corp., Fairless Hills  Sec.   128.15...............  SO2...............  52.2020(c)(55)
U.S. Steel Corp., Fairless Hills  Sec.   128.16...............  Particulate Matter  52.2020(c)(51)
Scott Paper Co., Chester........  Sec.   128.17...............  SO2...............  52.2020(c)(54)
Arbogast & Bastian, Inc.,         Sec.   128.18...............  SO2...............  52.2020(c)(54)
 Allentown.
J.H. Thompson, Inc., Kennett      Sec.   128.19...............  SO2...............  52.2020(c)(54)
 Square.
Bethlehem Steel Corp., Bethlehem  Sec.   128.20...............  Particulate Matter  52.2020(c)(52)
----------------------------------------------------------------------------------------------------------------

III. Final Action

    EPA is approving as a revision to the Pennsylvania SIP the removal 
of alternative emission reduction limitations, codified under 25 PA 
Code section 128, for eight facilities.
    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 August 4, 2003, without further 
notice unless EPA receives adverse comment by July 3, 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.

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,

[[Page 33014]]

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 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 remove eight alternative emission 
reduction limitations from the Pennsylvania SIP must be filed in the 
United States Court of Appeals for the appropriate circuit by August 4, 
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 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, Intergovernmental relations, Particulate matter, Sulfur 
oxides.

    Dated: May 20, 2003.
Abraham Ferdas,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. Section 52.2020 is amended by adding paragraphs (c)(204) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *(204 ) Revisions to the Pennsylvania Regulations to remove 
alternative emission reduction limitations for Andre Greenhouses, U.S. 
Steel, Scott Paper Company, Arbogast & Bastian, Inc., J.H. Thompson, 
Inc., and Bethlehem Steel Corp., 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 the removal of 25 Pennsylvania 
Code Subpart C, Article II, Chapter 128.11 through 128.13 and 128.15 
through 128.20, the alternative emission reduction limitations for 
Andre Greenhouses, U.S. Steel, Scott Paper Company, Arbogast & Bastian, 
Inc., J.H. Thompson, Inc., and Bethlehem Steel Corporation, 
respectively.
    (B) Removal of 25 Pennsylvania Code Subpart C, Article II, Chapter 
128.11 through 128.13 and 128.15 through 128.20, effective September 5, 
1998.
    (ii) Remainder of State submittal pertaining to the revisions 
listed in paragraph (c)(204)(i) of this section.

[FR Doc. 03-13711 Filed 6-2-03; 8:45 am]
BILLING CODE 6560-50-P