[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Proposed Rules]
[Pages 18853-18857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8097]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[PA215-4228; FRL-7644-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Warren County SO2 Nonattainment 
Areas and the Mead and Clarendon Unclassifiable Areas to Attainment and 
Approval of the 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 Warren County sulfur dioxide 
(SO2) nonattainment areas of Conewango Township, Pleasant 
Township, Glade Township, and the City of Warren in Warren County, 
Pennsylvania to attainment of the national ambient air quality 
standards (NAAQS) for SO2. The EPA is also proposing to 
approve a maintenance plan for these areas as a SIP revision which 
would put in place a plan for maintaining the NAAQS for SO2 
for the next ten years. In addition, EPA is proposing to approve a 
request to change the status of Mead Township and Clarendon Borough in 
Warren County from unclassifiable to attainment of the NAAQS for 
SO2. This action is being taken in accordance with the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before May 10, 2004.

ADDRESSES: Submit your comments, identified by PA215-4228 by one of the 
following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. E-mail: [email protected].
    C. Mail: Makeba Morris, Chief, Air Quality Planning Branch, 
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. PA215-4228. 
EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    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, and the Pennsylvania 
Department of Environmental Protection, Bureau of Air Quality Control, 
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth (215) 814-2034, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA originally designated Conewango Township in Warren County, 
Pennsylvania as nonattainment for SO2 on March 3, 1978 (43 
FR 8962), based upon modeled exceedances in the area of the Warren 
Generating Station. The CAA, as amended by the 1990 Amendments, 
provided designations of SO2 areas based on their status 
immediately before enactment of the 1990 Amendments. Any area 
designated as not attaining the NAAQS for SO2 as of the date 
of enactment of the 1990 Amendments, was designated nonattainment for 
SO2 by operation of law. In addition, any area designated as 
attainment or unclassifiable immediately before the enactment of the 
1990 Amendments, was also designated as such upon the enactment of the 
amendments. As a result, Conewango Township in Warren County was 
designated nonattainment for SO2 by operation of law.
    The City of Warren and Pleasant Township were originally designated 
unclassifiable for the NAAQS for SO2. Pursuant to section 
107(d)(1)(C) of the 1990 CAA amendments, these areas were designated 
unclassifiable by operation of law. On September 22, 1992 (57 FR 
43846), EPA proposed the redesignation of part of Warren County as 
nonattainment for SO2. Specifically, the proposed 
nonattainment area included Glade and Pleasant Townships, and the City 
of Warren. This proposed redesignation was based upon modeled 
exceedances of the short-term SO2 standards at the United 
Refining Company. In a final rulemaking on December 21, 1993 (58 FR 
67334), as amended on September 21, 1994 (59 FR 48405), EPA 
redesignated Glade Township, Pleasant Township, and the City of Warren 
as nonattainment for SO2. Clarendon Borough and Mead 
Township in Warren County were designated unclassifiable by operation 
of law pursuant to section 107(d)(1)(C) of the 1990 CAA amendments. 
These designations are codified in 40 CFR 81.339.

II. Summary of the March 15, 2004 Submittal From Pennsylvania

    On March 15, 2004, the Commonwealth of Pennsylvania submitted 
redesignation requests and a proposed SIP revision consisting of a 
proposed maintenance plan. The Commonwealth's submittal requested that 
EPA redesignate the Warren County SO2 nonattainment areas of 
Conewango Township, Pleasant Township, Glade Township, and the City of 
Warren in Warren County, Pennsylvania to attainment of the NAAQS for 
SO2. The March 15, 2004 submittal also requested that EPA 
parallel process its approval of the proposed maintenance plan 
associated with the redesignation request as a SIP revision concurrent 
with the Commonwealth's process for amending its SIP. The proposed 
maintenance plan is for the Warren County SO2 nonattainment 
areas of Conewango Township, Pleasant Township, Glade Township, and the 
City of Warren in Warren County, Pennsylvania. The submittal also 
requested that the status of Mead Township and Clarendon Borough in 
Warren County be changed from unclassifiable to attainment of the NAAQS 
for SO2.
    Under the CAA, EPA may redesignate nonattainment areas to 
attainment if

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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.

III. Redesignation Criteria

    Section 107(d)(3)(E) of the CAA, as amended, specifies five 
requirements that must be met to redesignate an area to attainment. 
They are as follows:
    (1) The area must meet the applicable NAAQS.
    (2) The area must have a fully approved SIP under section 110(k).
    (3) The area must show improvement in air quality due to permanent 
and enforceable reductions in emissions.
    (4) The area must meet all relevant requirements under section 110 
and part D of the Act.
    (5) The area must have a fully approved maintenance plan pursuant 
to section 175A. The EPA has reviewed the redesignation request 
submitted by the Pennsylvania Department of Environmental Protection 
(PADEP) for the Warren County SO2 nonattainment areas. EPA 
finds that the request meets the five requirements of section 
107(d)(3)(E).

A. The Data Shows Attainment of the NAAQS for SO2 in the 
Warren County SO2 Nonattainment Areas

    A review of the ambient air quality data demonstrates that the 
NAAQS have been achieved in the Warren County SO2 
nonattainment areas (Conewango Township, Pleasant Township, Glade 
Township, and the City of Warren). This data demonstrates that the 
ambient air quality attains the annual and 24-hour health-based primary 
standards, and the 3-hour secondary standard. The primary standards are 
an annual mean of 0.030 parts per million (ppm), not to be exceeded in 
a calendar year, and a 24-hour average of 0.14 ppm, not to be exceeded 
more than once per calendar year. The secondary standard is a 3-hour 
average of 0.5 ppm, not to be exceeded more than once per calendar 
year. The PADEP have quality-assured SO2 ambient air 
monitoring data showing that the Warren County SO2 
nonattainment areas have attained the NAAQS for SO2.
    The redesignation request for the Warren County SO2 
nonattainment areas is based upon air quality data for the most recent 
three whole calendar years (2000-2002). The data was collected and 
quality-assured in accordance with 40 CFR part 58, and recorded in the 
Air Quality Subsystem (AQS) of the Aerometric Information Retrieval 
System (AIRS). This data demonstrates that the ambient air quality 
attains the annual and 24-hour health based primary standards and the 
3-hour secondary standard. The basis of Pennsylvania's original 
recommendation of nonattainment for this area was dispersion modeling 
conducted in 1976. No exceedances of the standard have occurred since 
remedies to correct the SO2 problem were implemented. A 
table summarizing the monitoring data that has been collected in Warren 
County by PADEP since 1987 can be found in the formal submittal and is 
available for review in the rulemaking docket. The County is currently 
operating two monitors within the nonattainment areas, the Warren High 
School monitor, and the Warren Overlook monitor. Both of the monitors 
meet the requirements of 40 CFR parts 53 and 58, and are representative 
of the highest ambient concentrations.
    On January 17, 2003 (68 FR 2454), EPA fully approved a modeled 
attainment demonstration for the Warren County SO2 
nonattainment areas consisting of Conewango Township, Pleasant 
Township, Glade Township, and the City of Warren. This dispersion 
modeling was based upon enforceable SO2 emission limits of 
sources amended through operating permits, in addition to a 
representative background, and demonstrated that the maximum 
SO2 impacts do not violate the NAAQS for SO2. The 
maintenance plan submitted as a SIP revision, and the fully approved 
attainment demonstration (68 FR 2454) show that the ambient air quality 
in the Warren County SO2 nonattainment areas meets the 
national standards for SO2.

B. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA

    EPA fully approved the modeled attainment demonstration for the 
Warren County SO2 nonattainment areas and permit emission 
limits for two individual sources in Warren County as a SIP revision 
for the area through a direct final rule published on January 17, 2003 
(68 FR 2454), effective March 18, 2003. Pennsylvania's Prevention of 
Significant Deterioration (PSD) program was approved by EPA on August 
21, 1984 (49 FR 33128). The PSD program requires any new source to 
implement Best Available Control Technology (BACT) and limits a new 
source's allowable impact on the environment. EPA granted ``limited'' 
approval of Pennsylvania's revised New Source Review (NSR) program and 
published a final rule on December 7, 1997 (62 FR 64722). On October 
19, 2001 (66 FR 53904), EPA converted the limited approval to ``full'' 
approval for all areas of the Commonwealth except the five-county 
Philadelphia area (Bucks, Chester, Delaware, Montgomery, and 
Philadelphia counties). Therefore, the NSR program is currently fully 
approved for the areas being redesignated and the fully approved PSD 
program would apply in these areas immediately upon redesignation.

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

    The improvement in air quality in the Warren County SO2 
areas is due to permanent and enforceable emissions reductions. 
Pennsylvania has submitted and EPA has approved all of the required 
enforceable measures applicable to this area. Sulfur dioxide emissions 
from the United Refinery are capped by federally-enforceable permit 
conditions. The Reliant Energy power station has shutdown and banked 
emission reduction credits (ERCs). The SO2 ERCs generated by 
Reliant Energy, reduced by the 1.3 to 1 offset ratio, represent the 
maximum allowable emissions that could be permitted for any new source. 
The attainment demonstration emission rate used in the modeling 
translates into a rate limitation as required under the NSR 
regulations.
    The emissions that could be permitted with the use of the ERCs are 
preserved in the SIP inventory for the area and are required to be 
counted as actual emissions for planning purposes until the area is 
redesignated to attainment, after which the ERCs will become moot.
    If a new source is constructed after EPA redesignates the area to 
attainment, a PSD permit analysis and permit will limit emissions to a 
level below that needed to assure attainment of the NAAQS for 
SO2 and protection of all applicable PSD increments. On or 
after the date the area is redesignated to attainment, any new 
stationary source constructed or existing stationary source that is 
modified would be subject to the Pennsylvania SIP-approved minor and 
major source permitting requirements, including those for PSD. Those 
requirements include provisions for implementation of BACT and the 
performance of ambient air quality analyses to ensure the protection of 
the NAAQS and PSD increments. As previously stated, Pennsylvania's PSD 
program was approved by EPA on August 21, 1984 (49 FR 33128). 
Furthermore, even if the new stationary source constructed or existing 
stationary source that is being modified is defined as ``minor'' under 
the Pennsylvania SIP, if emissions or stack configurations

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differ from those of the modeled attainment demonstration such that it 
no longer can be relied upon as the technical basis to ensure 
protection of the NAAQS, the SIP provides the Commonwealth the 
authority to require the applicant to perform ambient air quality 
analyses to ensure the protection of the NAAQS.

D. The State Has Met All Applicable Requirements for the Area Under 
Section 110 and Part D of the CAA

    The Warren County SO2 nonattainment areas have met all 
applicable and necessary requirements of section 110 and subchapter 1, 
of part D of the CAA. As mentioned previously, the modeled attainment 
demonstration for the Warren County SO2 areas and permit 
emission limitations for the two stationary sources in Warren County, 
were fully approved by EPA as a SIP revision for the area, and 
Pennsylvania's PSD and NSR programs were approved by EPA. EPA approval 
of a transportation conformity SIP revision for the area is not 
required for redesignation because the nature of the areas' previous 
SO2 nonattainment problem has been determined to be 
overwhelmingly attributable to stationary sources. The modeling 
demonstration submitted with the attainment demonstration SIP revision 
contained a detailed emissions inventory of the allowable emissions for 
all of the sources of SO2 in the area. That inventory was 
found to be acceptable by EPA. Sulfur dioxide emissions from area and 
mobile sources are insignificant in comparison to the emissions from 
stationary sources and estimated background concentrations used in the 
attainment modeling approved by EPA.

E. The Area Has a Fully Approved Maintenance Plan Under Section 175A of 
the CAA

    Section 175A of the CAA sets forth the necessary elements of a 
maintenance plan needed for areas seeking redesignation from 
nonattainment to attainment. The proposed maintenance plan for the 
Warren County SO2 areas is being submitted to EPA for 
approval via parallel-processing as a SIP revision concurrently with 
the request for redesignation. The proposed maintenance plan shows that 
the NAAQS for SO2 will be maintained for at least 10 years 
after redesignation in the Warren County area. The proposed plan also 
includes contingency measures to address any violation of the NAAQS. 
The proposed maintenance plan also states that eight years following 
redesignation, the Commonwealth will submit a revised plan that ensures 
attainment through 2025.

IV. Description of the Proposed Maintenance Plan

    Section 107(d)(3)(E) of the CAA requires that a maintenance plan be 
fully approved by EPA before an area can be redesignated as attainment. 
The maintenance plan is considered a SIP revision under section 110 of 
the CAA. Under section 175A(a) of the CAA, the maintenance plan must 
show that the NAAQS for SO2 will be maintained for at least 
10 years after redesignation. The maintenance plan must also include 
contingency measures to address any violation of the NAAQS.
    To show that future emissions over the 10-year period of analysis 
will not lead to any exceedances of the standard, allowable emission 
inventories for 2003 and 2015 have been developed. Sulfur dioxide 
levels from the United Refinery facility are capped by federally 
enforceable permit conditions. Significant permanent reductions have 
occurred that were not included in the modeled attainment 
demonstration, due to the Reliant Energy power station having shutdown 
and generated ERCs. If these ERCs were used to offset emissions for a 
new unit, the emission rate limit in the attainment SIP modeling 
demonstration would be applicable. The total potential SO2 
emission rates in the area are, therefore, capped at the attainment 
demonstration levels.
    The Commonwealth of Pennsylvania determined the year 2015 to be the 
appropriate year for preparation of this maintenance plan through 
consultation with EPA. Eight years following redesignation, the 
Commonwealth will submit a revised plan that ensures attainment through 
2025, pursuant to section 175A(b) of the CAA. The major elements of the 
proposed maintenance plan are described in the following sections A-D.

A. Maximum Potential Emissions: 2003 and 2015

    The proposed plan contains the detailed SO2 emissions 
data for 2003 and 2015. No growth in emissions is possible owing to the 
caps on existing stationary sources that are contained in the SIP 
revision approved by EPA, effective March 18, 2003, and the permitting 
requirements for potential new sources that would require NSR offsets. 
After redesignation to attainment, a PSD evaluation would require 
emission limits sufficient to ensure continued attainment and 
protection of any applicable PSD increments. Sulfur dioxide emissions 
from area and mobile sources are not included because the cause of the 
air quality formerly being nonattainment was due to emissions of 
stationary sources. Mobile and area emissions were and remain 
insignificant in comparison to the point source inventory and the 
estimated background concentrations used in the attainment modeling 
demonstration.
1. 2003 Base Year Emissions (Emissions Used in the Attainment 
Demonstration)
    Reliant Energy emissions = 5197 tons per year (TPY)/4620 lbs/hr
    United Refining permitted allowable = 3946 TPY/903 lbs/hr maximum 
rate
    Total emissions = 9143 TPY/5523 lbs/hr
2. 2015 Projected Emissions
    The maximum projected emissions are quantified below, and are 
considerably lower than the level of emissions used in the attainment 
demonstration. The Reliant Energy facility has been permanently 
shutdown since September 28, 2002, and no new SO2 emitting 
plants are anticipated. However, if a major modification were proposed 
prior to redesignation, and within the five-year netting window, the 
maximum emissions allowable would be limited to 3998 TPY, based on the 
following: The Reliant Energy emission reductions or ERCs amount to 
5197 TPY. At an offset ratio of 1.3 to 1 for flue emissions, the 
maximum amount of emissions that could be permitted by the use of these 
ERCs as offsets would be 3998 TPY at a maximum rate of 583 g/s or 2.31 
tons/hr (the rate used in the attainment modeling). These are the only 
ERCs available for use in the area. As required under 25 Pa. Code 
section 127.206(f), the ERCs expire for use as offsets ten years from 
shutdown date or five years from shutdown if the emission reductions 
are utilized in an applicability determination (``netting'' analysis). 
Again, after redesignation to attainment, a PSD evaluation would 
require emission limits sufficient to ensure continued attainment and 
protection of any applicable PSD increments.
    Reliant Energy ERCs = 3998 tons/yr @ 4620 lbs/hr
    United Refining--total emissions = 3946 tons/year @ 903 lbs/hr
    Maximum total emissions = 7944 tons/yr @ 5523 lbs/hr

B. Attainment Emissions Inventory

    The proposed plan explains that emission levels from the attainment 
demonstration were used as the 2003 base year emissions, and that this 
data,

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along with the control measures factors was also used to estimate 
SO2 emissions in 2015.

C. Permanent and Enforceable Control Measures

    The proposed plan describes the permanent and enforceable adopted 
control measures that are in effect that will prevent emissions growth. 
Pennsylvania has submitted and EPA has approved all of the required 
enforceable measures applicable to this area. The NSR requirements 
applicable in SO2 nonattainment areas will remain in effect 
until the effective date of the redesignation of the area to 
attainment.
1. Permit Limits on Existing Sources
    a. United Refining--The emissions listed for United Refining are 
the maximum allowable emissions contained in the federally enforceable 
Title V permit and which were submitted as a part of the attainment 
demonstration SIP revision and are thereby permanent and federally 
enforceable control measures.
    b. Reliant Energy Warren ERCs--The SO2 ERCs generated by 
Reliant Energy, reduced by the 1.3 to 1 offset ratio, represent the 
maximum allowable emissions that could be permitted for any new source. 
The attainment demonstration emission rate used in the modeling 
translates into a rate limitation as required under the NSR 
regulations. The emissions that could be permitted with the use of the 
ERCs are preserved in the SIP inventory for the area and are required 
to be counted as actual emissions for planning purposes until the area 
is redesignated to attainment, after which the ERCs will become moot.
2. Prevention of Significant Deterioration and Minor NSR for New 
Sources
    If a new major source or major modification is constructed after 
EPA redesignates the area to attainment, a PSD permit analysis and 
permit will limit emissions to a level below that needed to assure 
attainment of the NAAQS for SO2 and protection of all 
applicable PSD increments. On or after the date the area is 
redesignated to attainment, any new stationary source constructed or 
existing stationary source that is modified would be subject to the 
Pennsylvania SIP-approved minor and major source permitting 
requirements, including those for PSD. Those requirements include 
provisions for implementation of BACT and the performance of ambient 
air quality analyses to ensure the protection of the NAAQS and PSD 
increments. Furthermore, even if the new stationary source constructed 
or existing stationary source that is being modified is defined as 
``minor'' under the Pennsylvania SIP, if emissions or stack 
configurations differ from those of the modeled attainment 
demonstration such that it no longer can be relied upon as the 
technical basis to ensure protection of the NAAQS, the SIP provides the 
Commonwealth the authority to require the applicant to perform ambient 
air quality analyses to ensure the protection of the NAAQS.

D. Contingency Measures

    The proposed maintenance plan states that emissions monitoring will 
continue throughout the term of the maintenance plan. The Commonwealth 
will also continue to operate the air monitoring network in accordance 
with 40 CFR part 58, with no reductions in the number of sites from 
those in the existing network unless pre-approved by EPA. The 
Commonwealth will track the attainment status of the NAAQS for 
SO2 in the Warren County area by reviewing air quality and 
emissions data during the maintenance period. If an exceedance of the 
NAAQS for SO2 occurs, the Commonwealth will expeditiously 
investigate and determine the source(s) that caused the exceedance and/
or violation and enforce any SIP or permit limit that is violated. In 
the event that all sources are found to be in compliance with 
applicable SIP and permit emission limits, the Commonwealth shall 
perform the necessary analysis to determine the cause(s) of the 
exceedance, and determine what additional control measures are 
necessary to impose on the area's stationary sources to continue to 
maintain attainment of the NAAQS. The Commonwealth shall inform any 
affected stationary source(s) of SO2 of the potential need 
for additional control measures. If there is a violation of the NAAQS 
for SO2, the Commonwealth shall, within six months of the 
violation, issue a permit(s) imposing additional control measures on 
those stationary sources and requiring compliance with those additional 
control measures no later than 18 months from the date of the recorded 
violation. The additional control measures will be submitted to EPA for 
approval and incorporation into the SIP.

V. Proposed Action

    EPA is proposing to approve the Commonwealth of Pennsylvania's 
March 15, 2004 request that the Warren County SO2 
nonattainment areas, consisting of Conewango Township, Pleasant 
Township, Glade Township, and the City of Warren in Warren County, 
Pennsylvania be redesignated to attainment of the NAAQS for 
SO2 because all requirements for approval have been 
satisfied. EPA is also proposing to approve the associated maintenance 
plan for these areas submitted by the Commonwealth, as required under 
section 175A of the CAA, as a revision to the Pennsylvania SIP. Because 
these nonattainment areas have satisfied all of the requirements for 
redesignation to attainment, the adjacent areas of Mead Township and 
Clarendon Borough in Warren County, currently designated as 
unclassifiable for SO2, are also eligible to be redesignated 
to attainment. Therefore, EPA is also proposing to approve the 
Commonwealth of Pennsylvania's request that Mead Township and Clarendon 
Borough in Warren County be redesignated from unclassifiable to 
attainment of the NAAQS for SO2.
    This revision is being proposed under a procedure called parallel 
processing, whereby EPA proposes rulemaking action concurrent with the 
state's procedures for amending its SIP. If the proposed revision is 
substantively changed in areas other than those identified in this 
action, EPA will evaluate those changes and may publish another notice 
of proposed rulemaking. If no substantive changes are made to the 
currently proposed SIP revision, EPA will publish a Final Rulemaking 
Notice on the revisions. The final rulemaking action by EPA will occur 
only after the SIP revision has been adopted by Pennsylvania and 
submitted formally to EPA for incorporation into the SIP. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

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 
proposed 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

[[Page 18857]]

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 
(Pub. L. 104-4).
    This proposed 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 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 ``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, proposing to approve the redesignation of the Warren 
County SO2 nonattainment areas to attainment, and to approve 
the associated maintenance plan, and to change the status of Mead 
Township and Clarendon Borough in Warren County from unclassifiable to 
attainment, 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, Reporting and recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

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

    Dated: April 1, 2004.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 04-8097 Filed 4-8-04; 8:45 am]
BILLING CODE 6560-50-P