[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Proposed Rules]
[Pages 42657-42661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18294]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[PA189-4300; FRL-7530-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Liberty Borough PM10 
Nonattainment Area to Attainment and Approval of the Associated 
Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a request from the Commonwealth of 
Pennsylvania to redesignate the Liberty Borough area of Allegheny 
County, Pennsylvania (the Liberty Borough area) from nonattainment to 
attainment for the national ambient air quality standard (NAAQS) for 
particulate matter with an aerodynamic diameter less than or equal to a 
nominal 10 microns (PM10). The EPA is also proposing to 
approve a maintenance plan for the Liberty Borough area. Both the 
redesignation and maintenance plan were submitted by the Pennsylvania 
Department of Environmental Protection (PADEP) on behalf of the 
Allegheny County Health Department (ACHD). Approval of the maintenance 
plan, as a revision to the Pennsylvania State Implementation Plan 
(SIP), would put a plan in place for maintaining the PM10 
standard for the next ten years in the Liberty Borough area. This 
action is being taken in accordance with the Clean Air Act (CAA).

DATES: Comments must be received on or before August 18, 2003.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Makeba A. Morris, Chief, Air 
Quality Planning Branch, Mailcode 3AP21 U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Electronic comments should be sent either to [email protected] or 
to http://www.regulations.gov, which is an alternative method for 
submitting electronic comments to EPA. To submit comments, please 
follow the detailed instructions described in part V of the 
Supplementary Information section. 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; 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105; and Allegheny County Health Department, Bureau of Environmental 
Quality, Division of Air Quality, 301 39th Street, Pittsburgh, 
Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Ruth E. Knapp, (215) 814-2191, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:
    Throughout this document wherever ```we,'' ``us,'' or ``our'' is 
used we mean EPA.

Table of Contents

Introduction
I. When Was This Area Designated Nonattainment for PM10?
II. What Are the Geographic Boundaries of the PM10 
Nonattainment area?
III. What Are the Criteria for Redesignation?
IV. Does the Area Meet the Criteria for Redesignation?
    A. The Data Shows Attainment of the PM10 NAAQS in the 
Liberty Borough Area
    B. There Is a Fully Approved SIP Under Section 110(k) of the CAA
    1. Section 110 Requirements
    2. Part D Requirements
    a. Subparts 1 and 4 of part D--sections 172(c) and 189(a)
    b. Subpart 1 of part D--section 176 Conformity Provisions
    C. The Improvement in--Air Quality Is Due to Permanent and 
Enforceable Measures
    D. The Maintenance Plan Satisfies Section 175A
    1. Maintenance Plan Requirements
    a. Emissions Inventory
    b. Maintenance Demonstration
    c. Commitment to Continue Monitoring Air Quality
    d. Verification of Continued Attainment
    e. Contingency Plan
    2. Commitment to Submit Subsequent Maintenance Plan Revisions
    E. The Submittal Meets the Applicable Requirements of Section 
110 and Part D
V. Proposed Action
VI. Statutory and Executive Order Reviews

Introduction

    Under the CAA, EPA may redesignate nonattainment areas to 
attainment if sufficient data are available to warrant such changes and 
the area meets the criteria contained in section 107(d)(3) (E). This 
includes full approval of a maintenance plan for the area. EPA may 
approve a maintenance plan which meets the requirements of section 
175A. On October 28, 2002, the PADEP, on behalf of the ACHD, submitted 
a redesignation request and maintenance plan for the Liberty Borough 
moderate PM10 nonattainment area. EPA is proposing to 
redesignate the Liberty Borough area from nonattainment to attainment 
of the PM10 NAAQS. We are also proposing to approve the 
maintenance plan required under section 175A maintenance plan. Once 
approved the maintenance plan will become part of the Pennsylvania SIP 
for this area.

I. When Was This Area Designated Nonattainment for PM10?

    On November 15, 1990, the CAA amendments were enacted. Pursuant to 
section 107(d)(4)(B), the Liberty Borough area in Allegheny County, 
Pennsylvania was designated nonattainment by operation of law. The 
nonattainment designation and classification as a moderate 
PM10 area was codified in 40 CFR part 81 on November 6, 1991 
(56 FR 56694).

II. What Are the Geographic Boundaries of the PM10 
Nonattainment Area?

    The Liberty Borough nonattainment area is comprised of the 
municipalities of Liberty Borough, the Borough of Lincoln, Port Vue 
Borough, the Borough of Glassport and the City of Clairton.

III. What Are the Criteria for Redesignation?

    Section 107(d)(3)(E) of the CAA specifies five requirements that 
must be met to redesignate an area from nonattainment to attainment as 
follows:
    (1) The area has attained the applicable NAAQS;
    (2) The area has a fully approved SIP under section 110(k);

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    (3) The air quality improvement is permanent and enforceable;
    (4) The area has a fully approved maintenance plan pursuant to 
section 175A ; and
    (5) The area has met all relevant requirements under section 110 
and part D of the Act.

IV. Does the Area Meet the Criteria for Redesignation?

    The EPA has reviewed the redesignation request submitted by PADEP, 
on behalf of the ACHD, for the Liberty Borough nonattainment area and 
finds that the request meets the five requirements of section 
107(d)(3)(E).

A. The Data Shows Attainment of the PM10 NAAQS in the 
Liberty Borough Area

    The ACHD and PADEP have quality-assured PM10 ambient air 
monitoring data showing that the Liberty Borough Area has met the 
PM10 NAAQS. Four monitoring sites have been operating in the 
nonattainment area since 1992. Most of the sites are located downwind 
of major industrial sources. The Lincoln site is located downwind of 
U.S. Steel Clairton Works; the Glassport site is located downwind and 
east of the U.S. Steel Irvin Works; the Liberty site is located near 
the center of the nonattainment area; the Clairton site is located 
southwest of U.S. Steel Clairton Works. The redesignation request is 
based upon the three most recent years of quality-assured 
PM10 air monitoring data (1998 -2000) available during 
preparation of the October 28, 2002 submittal. The PM10 
NAAQS includes both a daily and an annual standard. An area is 
attaining the daily and annual NAAQS if there are no violations, as 
determined in accordance with 40 CFR part 50.6 and Appendix K, based 
upon three complete consecutive calendar years of quality-assured 
monitoring data. The daily standard is met if the expected frequency of 
values above 150 ug/m\3\ is 1.0 or less. The data must be collected and 
quality-assured in accordance with 40 CFR part 58, and recorded in the 
Aerometric Information Retrieval System (AIRS). Subsequently the data 
was reported into EPA's new ambient air quality data system known as 
the Air Quality Subsystem (AQS).
    The submittal included PM10 monitoring data from 1992 
through 2000. The redesignation request is based on the most recent 
data from 1998 through 2000. This data has been quality-assured and 
recorded in AQS. During the 1998 to 2000 time period, there were no 
actual exceedances of the daily standard, and the average annual number 
of expected exceedances is less than 1.0 for that same time period. The 
complete quality-assured data in AQS from 2001 also shows that no 
exceedances were recorded. With regard to 2002, there have been no 
exceedances recorded. Therefore, the area has attained and continues to 
attain the daily NAAQS. During 1998 through 2002, the maximum annual 
average recorded at these sites was 41 ug/m\3\. As the annual standard 
of 50 ug/m\3\ is based on the average annual mean over three years, the 
area has attained and continues to attain the annual PM10 
standard. Because the area has attained the daily and annual NAAQS 
based upon the most recent three years of quality-assured data 
available during preparation of the October 28, 2002 submittal, and 
continues to attain the NAAQS, the first criterion of section 
107(d)(3)(E) has been satisfied. The ACHD and PADEP have committed to 
continue monitoring in this area in accordance with 40 CFR part 58.

B. There Is a Fully Approved SIP Under Section 110(k) of the CAA

1. Section 110 Requirements
    On January 6, 1994, the PADEP submitted an attainment plan to EPA 
consisting of an attainment demonstration and control measures for the 
Liberty Borough area. On April 11, 1995 (60 FR 18385), EPA proposed to 
approve the January 1994 attainment plan submittal as well as two SIP 
revisions related to PM10 that had been previously submitted 
by the Commonwealth. After EPA's April 11, 1995 proposal to approve the 
attainment plan was published in the Federal Register, the PADEP 
reported that the PM10 NAAQS had been exceeded twice in 
March of 1995. These exceedances raised concerns about the attainment 
demonstration. Therefore, while EPA did take final action to approve 
the control measures portion of the attainment plan on June 12, 1996 
(61 FR 29664), EPA took no action on the modeled attainment 
demonstration portion of the attainment plan at that time. Contingency 
measures for the Liberty Borough area were formally submitted to EPA on 
July 12, 1995. On September 8, 1998, EPA fully approved the attainment 
demonstration and contingency measures for the Liberty Borough area ( 
63 FR 47434) and made a formal finding that the area had attained the 
PM10 NAAQS (63 FR 47493).
    Therefore, the PM10 SIP for the Liberty Borough area has 
been fully approved by EPA as meeting all the requirements of section 
110(a)(2)(I) of the Act, including the requirements of part D (relating 
to nonattainment).
2. Part D Requirements
    Part D contains general provisions that apply to all nonattainment 
plans and certain sections that apply to specific criteria pollutants. 
Before EPA may redesignate the Liberty Borough PM10 
nonattainment area to attainment, the SIP must have fulfilled the 
applicable requirements of part D. Under part D, an area's 
classification indicates the requirements to which it is subject. 
Subpart 1 of part D sets forth the basic nonattainment requirements 
applicable to all nonattainment areas. EPA designated the Liberty 
Borough area as a moderate PM10 nonattainment area on 
November 6, 1991 (codified at 40 CFR part 81.339). Therefore, to be 
redesignated to attainment, the Commonwealth must meet the applicable 
requirements of subpart 1 of part D of the CAA, specifically sections 
172(c) and 176. Section 189(a) of subpart 4 of the CAA also must be 
met.
    a. Subparts 1 and 4 of Part D--Sections 172(c) and 189(a)--Subpart 
1 of part D addresses nonattainment areas in general and subpart 4 
addresses PM10 nonattainment areas specifically. All the 
relevant SIP requirements under sections 172(c) and 189(a) for 
Reasonably Available Control Measures; an emissions inventory; 
contingency measures; and an attainment demonstration were met by 
Pennsylvania and approved on June 12, 1996 (61 FR 29664) and September 
8, 1998 ( 63 FR 47434). The Federal requirements for new source review 
(NSR) in nonattainment areas are contained in section 172(c)(5). EPA 
guidance indicates the permitting requirements of the part D NSR 
program for new major sources and major modifications shall be replaced 
by the prevention of significant deterioration (PSD) program's 
permitting requirements when an area has reached attainment and been 
redesignated, provided that the PSD program will be fully effective 
immediately upon redesignation. The ACHD was originally delegated the 
authority to implement and enforce the provisions of 40 CFR 52.21, on 
behalf of EPA, on December 14, 1983 (48 FR 55625). The ACHD adopted the 
PSD requirements promulgated in 40 CFR 52.21, incorporating them by 
reference in its regulations as provided in Article XXI, section 
2102.07. On March 26, 2003, EPA renewed the ACHD's existing delegation 
to implement and enforce the provisions of 40 CFR 52.21 as well as any 
future revisions to these regulations (68 FR 14617). Therefore, the 
permitting

[[Page 42659]]

requirements of the PSD program will become fully effective in the 
Liberty Borough area immediately upon redesignation to attainment.
    b. Subpart 1 of Part D--Section 176 Conformity Provisions--The 
Liberty Borough area was not required to have a transportation 
conformity budget for PM10. It was determined that the 
significant causes of nonattainment in this area were emissions from 
steel and coke facilities in the area and not from mobile sources. The 
PM10 emissions from public roads are less than 3% of the 
attainment emissions inventory for the Liberty Borough area. Because 
the PM10 violations had been caused by industrial stationary 
sources and motor vehicles were not an important contributor to the 
nonattainment problem, for conformity purposes no additional 
quantitative analysis for transportation related PM10 
impacts is required. While Section 176 provides that a State's 
conformity revisions must be consistent with Federal Conformity 
regulations promulgated by EPA, given the nature of the area's former 
nonattainment problem, it is reasonable to interpret those conformity 
requirements as not applying for purposes of evaluating the 
redesignation request.

C. The Improvement in Air Quality Is Due to Permanent and Enforceable 
Measures

    In order to redesignate an area, EPA must determine that the 
improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
implementation plan and applicable Federal air pollutant control 
regulations and other permanent and enforceable reductions. The 
Commonwealth's approved 1994 PM10 SIP for the Liberty 
Borough area identified measures to bring the area into attainment. 
These measures included emission standards and operating restrictions 
for various sources of PM10 especially steel and coke 
facilities. Included among the facilities that were required to 
implement additional controls are U.S. Steel Clairton Works (formerly 
USX), U.S. Steel Irvin Works, Aristech (Koppers) Chemical, and the 
Glassport Transportation Center. Additional emission limitations were 
also imposed for the coke ovens and coke oven gases at U.S. Steel 
Clairton Works, Irvin Works, the Edgar Thompson Works as well as LTV 
Steel.
    In addition to the emission reductions discussed above, other 
reductions have occurred since the attainment demonstration inventory 
was prepared and the modeled demonstration of attainment performed. The 
following sources of PM10 emissions have shutdown: U.S. 
Steel Clairton Boilers 13 & 14; Duquesne Light (Orion Power), Philips 
(all boilers/processors); LTV Steel, Hazelwood (all boilers/
processors); and McGraw Edison, Canonsburg ( all boilers/processes). 
The additional emission reductions resulting from these shutdowns are 
permanent and enforceable given that any reactivation of these 
facilities would be subject to applicable new source review 
requirements.
    The October 28, 2002 redesignation request demonstrates that actual 
enforceable emission reductions are responsible for the air quality 
improvement in the Liberty Borough area. EPA finds that the emission 
reductions due to the SIP-approved control measures and emission 
limitations imposed by the 1994 attainment plan and the emission 
reductions due to permanent and enforceable shutdowns have reduced the 
ambient levels of PM10 such that the Liberty Borough area 
attained the NAAQS and continues to attain the NAAQS.

D. The Maintenance Plan Satisfies Section 175A

    Section 175A of the Act sets forth the necessary elements of a 
maintenance plan needed for areas seeking redesignation from 
nonattainment to attainment. The plan must demonstrate continued 
attainment of the applicable NAAQS for at least 10 years after the EPA 
approves a redesignation to attainment. Eight years after the 
redesignation, a revised maintenance plan must be submitted which 
demonstrates attainment for the 10 years following the initial 10-year 
period. To address potential future NAAQS violations, the maintenance 
plan must contain contingency measures, with a schedule for 
implementation adequate to assure prompt correction of any air quality 
problems. Under section 175A(d) contingency provisions must include a 
requirement that the State will implement all control measures that 
were in the SIP prior to redesignation as an attainment area.
    EPA is proposing to approve the maintenance plan for the Liberty 
Borough nonattainment area because EPA finds that the submittal meets 
the requirements of section 175A. The details of the maintenance plan 
requirements and how the submittal meets these requirements are 
detailed in the following paragraphs. A maintenance plan must contain 
the following elements:
    (1) An emissions inventory reflective of PM10 emissions 
in the monitored attainment years;
    (2) A maintenance demonstration which is expected to provide 
adequate assurance of maintenance over the initial 10-year period;
    (3) A commitment to continue monitoring in the area;
    (4) A method for verifying continued attainment; and
    (5) A contingency plan with specific indicators or triggers for 
implementation of the plan.
1. Maintenance Plan Requirements
    a. Emissions Inventory--The maintenance plan includes the1994 
emission inventory used to perform the modeling demonstration of 
attainment and updates that inventory for 1999. Emissions declined 
between 1994 and 1999 in the Liberty Borough area due to the previously 
described shutdowns. Any future increases in emissions and/or 
significant changes to the stack configurations/parameters from those 
modeled in the attainment demonstration due to new or modifying 
stationary sources would be subject to new source review requirements 
including a demonstration that the NAAQS is protected.
    b. Maintenance Demonstration--Steel and coke facilities were the 
main cause of nonattainment in the area. The attainment demonstration 
was based upon maximum allowable emission levels for stationary sources 
impacting the nonattainment area. The PM10 emissions from 
public roads were less than 3% of the emission inventory therefore no 
conformity budget is in place for Allegheny County. Population has 
steadily decreased in the county since 1990 and this decline is 
expected to continue through 2020. Therefore, other sources of 
emissions related to population are expected to decline. Employment in 
manufacturing is expected to decrease significantly between 2002-2020. 
As a result of these factors, PM10 emissions are expected to 
remain below the emission levels used to demonstrate attainment for the 
next 10 years and the area is expected to maintain the PM10 
NAAQS for the next 10 years. Moreover, as noted previously, any future 
increases in emissions and/or significant changes to the stack 
configurations/parameters from those modeled in the attainment 
demonstration due to new or modifying stationary sources would be 
subject to new source review requirements including a demonstration 
that the NAAQS is protected.
    c. Commitment to Continue Monitoring Air Quality--The

[[Page 42660]]

maintenance plan includes commitments to continue to operate and 
maintain the network of ambient PM10 monitoring stations in 
the Liberty Borough area in accordance with provisions of 40 CFR part 
58 to demonstrate ongoing attainment with the PM10 NAAQS.
    d. Verification of Continued Attainment--In addition to reviewing 
monitoring data in the Liberty Borough area to verify continued 
attainment, the ACHD will continue to examine the air quality impact of 
any new major sources or modifications through its PSD program to 
insure protection of the NAAQS. Furthermore, the air quality impacts of 
new minor sources or modifications resulting in any increases in 
emissions and/or significant changes to the stack configurations/
parameters from those modeled in the attainment demonstration would be 
evaluated to assure protection and maintenance of the NAAQS in the 
area.
    e. Contingency Plan--The contingency measures for the Liberty 
Borough area will be triggered upon a violation of the PM10 
standard, and the ACHD will notify effected sources within 60 days of a 
violation that contingency measures must be implemented. The same 
contingency measures that were approved on September 8, 1998 (63 FR 
47434) for the attainment demonstration are being used as contingency 
measures for the maintenance plan. These measures require that 
procedures to capture pushing emissions from the coke batteries at U.S. 
Steel Clairton Works be improved (except for emissions from Battery B 
which is equipped with a coke-side shed). The measures must be 
implemented at the batteries within 30 days after receiving 
notification from ACHD that the measures were triggered.
    2. Commitment To Submit Subsequent Maintenance Plan Revisions
    A new maintenance plan must be submitted to EPA, as a SIP revision, 
within eight years of the redesignation of the nonattainment area, as 
required by section 175(A)(b). This subsequent maintenance plan must 
provide for the maintenance of the PM10 NAAQS for a period 
of 10 years after the expiration of the initial 10 year maintenance 
period.

E. The Submittal Meets the Applicable Requirements of Section 110 and 
Part D

    General SIP elements are delineated in section 110(a)(2) of Title 
I, part A. These requirements include but are not limited to the 
following: submittal of a SIP that has been adopted by the state after 
reasonable notice and public hearing, provisions for establishment and 
operation of appropriate apparatus, methods, systems and procedures 
necessary to monitor ambient air quality, implementation of a permit 
program, provisions for part C, Prevention of Significant Deterioration 
(PSD), and part D, New Source Review (NSR) permit programs, criteria 
for stationary source emission control measures, monitoring and 
reporting, and provisions for public and local agency participation. 
For the purposes of redesignation, the Pennsylvania SIP was reviewed to 
ensure that all requirements under the amended CAA were satisfied 
through approved SIP provisions for the Liberty Borough area. EPA has 
concluded that the Commonwealth's SIP for the Liberty Borough 
nonattainment area satisfies all of the Section 110 SIP requirements. 
As discussed previously in section IV. B. 2. of this document, all 
applicable part D requirements have been satisfied.

V. Proposed Action

    EPA review of the redesignation request and maintenance plan for 
the Liberty Borough moderate PM10 nonattainment area 
submitted on October 28, 2002 by the PADEP, on behalf of the ACHD, 
indicates that all requirements for approval have been satisfied. EPA 
is, therefore, proposing to redesignate the Liberty Borough area from 
nonattainment to attainment of the PM10 NAAQS. We are also 
proposing to approve the maintenance plan required under section 175A 
as a revision to the Pennsylvania SIP for this area. EPA has prepared a 
Technical Support Document (TSD) in support of this proposed 
rulemaking. Copies are available, upon request, from the person 
identified in the FOR FURTHER INFORMATION CONTACT section. EPA is 
soliciting public comment on the issues discussed in this document. 
These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting either electronic or written comments. To ensure proper 
receipt by EPA, identify the appropriate rulemaking identification 
number PA189-4300 in the subject line on the first page of your 
comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    A. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    1. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], attention PA189-4300. EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket, and made 
available in EPA's electronic public docket.
    2. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    3. Disk or CD ROM. You may submit comments on a disk or CD ROM that 
you mail to the mailing address identified in the ADDRESSES section of 
this document. These electronic submissions will be accepted in 
WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    B. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document. For 
public commenters, it is important to note that EPA's policy is that 
public comments, whether submitted electronically or in paper,

[[Page 42661]]

will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

Submittal of CBI Comments

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR Part 
2. In addition to one complete version of the comment that includes any 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
official public regional rulemaking file. If you submit the copy that 
does not contain CBI on disk or CD ROM, mark the outside of the disk or 
CD ROM clearly that it does not contain CBI. Information not marked as 
CBI will be included in the public file and available for public 
inspection without prior notice. If you have any questions about CBI or 
the procedures for claiming CBI, please consult the person identified 
in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:
    (1) Explain your views as clearly as possible.
    (2) Describe any assumptions that you used.
    (3) Provide any technical information and/or data you used that 
support your views.
    (4) If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    (5) Provide specific examples to illustrate your concerns.
    (6) Offer alternatives.
    (7) Make sure to submit your comments by the comment period 
deadline identified.
    (8) To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 proposed 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 proposes to approve 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 
proposed 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 proposed 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 proposed rule to Liberty Borough PM10 nonattainment 
area to attainment and to approve the maintenance plan does not impose 
an information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

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

    Dated: July 11, 2003.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 03-18294 Filed 7-17-03; 8:45 am]
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