[Federal Register Volume 72, Number 185 (Tuesday, September 25, 2007)]
[Rules and Regulations]
[Pages 54361-54363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18835]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0174; FRL-8473-1]


Technical Amendments to Approval and Promulgation of Air Quality 
Implementation Plans; Pennsylvania; Correction of Effective Date Under 
Congressional Review Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction of effective date under Congressional 
Review Act.

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SUMMARY: On July 25, 2007 (72 FR 40746), the EPA published in the 
Federal Register a final rule that approved a request that the Franklin 
County nonattainment area (``Franklin County Area'' or ``Area'') be 
redesignated as attainment for the 8-hour ozone national ambient air 
quality standard (NAAQS) and that approved the maintenance plan and the 
2002 base-year emissions inventory as revisions to the Pennsylvania SIP 
in accordance with the requirements of the Clean Air Act (CAA). That 
July 25, 2007 final rule established an effective date of July 25, 
2007. This document corrects the effective date of the rule to July 27, 
2007 to be consistent with sections 801 and 808 of the Congressional 
Review Act, enacted as part of the Small Business Regulatory 
Enforcement Fairness Act, 5 U.S.C. 801 and 808.

EFFECTIVE DATE: This rule is effective on September 25, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-0174. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy 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. Copies of the State 
submittal are available at 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: Christopher Cripps, (215) 814-2179, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 801 of the Congressional review Act precludes a rule from 
taking effect until the agency promulgating the rule submits a rule 
report, which includes a copy of the rule, to each House of Congress 
and to the Comptroller General of the Government Accountability Office 
(GAO). After publication of the July 25, 2007 final rule (72 FR 40746) 
EPA discovered that it had inadvertently failed to submit the above 
rule as required; thus, although the rule was promulgated on July 25, 
2007 (72 FR 40746), by operation of law, the rule did not take effect 
on July 25, 2007, as stated therein. After EPA discovered this error, 
EPA complied with its obligations under the Congressional Review Act by 
submitting the rule to both Houses of Congress and the GAO on July 27, 
2007. This document corrects certain dates displayed in 40 CFR parts 52 
and 81 to reflect the date on which EPA satisfied the procedural 
requirements of the Congressional Review Act.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, an agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because EPA merely is 
memorializing in this action that EPA's compliance with the 
congressional review requirements of the Congressional Review Act, has 
as a matter of law, changed the effective date of the July 25, 2007 
action, and EPA has no discretion in this matter. Thus, notice and 
public procedure are unnecessary. The Agency finds that this 
constitutes good cause under 5 U.S.C. 553(b)(B). Moreover, because 
today's action does not create any new regulatory requirements and the 
submittal of the rule to Congress has, by operation of law, changed the 
effective date of the July 25, 2007 rule to July 27, which this action 
merely memorializes, EPA finds that good cause exists to provide for an 
immediate effective date pursuant to 5 U.S.C. 553(d)(3). Because the 
delay in the effective date was caused by EPA's inadvertent failure to 
submit the rule under the Congressional Review Act, EPA does not 
believe that affected entities that acted in good faith relying upon 
the effective date stated in the July 25, 2007, Federal Register should 
be penalized if they were complying with the rule as promulgated.

II. 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. 
Redesignation of an area to attainment under section 107(d)(3)(e) of 
the Clean Air Act does not impose any new requirements on small 
entities. Redesignation is an action that affects the status of a 
geographical area and does not impose any new regulatory requirements 
on sources.
    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

[[Page 54362]]

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). Because this 
action allows the state to avoid adopting or implementing other 
requirements, affects the status of a geographical area, or does not 
impose any new requirements on sources, 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 requirement, 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 approves a state rule implementing a Federal 
standard.
    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. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any new requirements on sources. 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

    This final rule only amends the effective date of the underlying 
rule as promulgated on July 25, 2007 (72 FR 40746); it does not amend 
any substantive requirements contained in the rule. Accordingly, to the 
extent it is available, judicial review of today's final rule is 
limited to the amended effective date. 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 November 26, 2007. 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 amending consistent with the provisions of the 
Congressional Review Act the effective date of the July 25, 2007 (72 FR 
40746) rule approving the redesignation of the Franklin County Area to 
attainment for the 8-hour ozone NAAQS, the associated maintenance plan, 
the 2002 base-year emissions inventory, and the MVEBs identified in the 
maintenance plan, may not be challenged later in proceedings to enforce 
its requirements.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: September 14, 2007.
Donald S. Welsh,
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. In Sec.  52.2020, the table in paragraph (e)(1) is amended by 
revising the entry for the 8-Hour Ozone Maintenance Plan and the 2002 
Base Year Emissions Inventory for the Franklin County, Pennsylvania 
Area to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

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   Name of non-regulatory  SIP         Applicable      State submittal                            Additional
            revision                geographic area          date        EPA approval date       explanation
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                                                  * * * * * * *
8-Hour Ozone Maintenance Plan     Franklin County             9/20/06,  7/25/07, 72 FR       The SIP effective
 and 2002 Base Year Emissions      Area (Franklin             11/08/06   40746.               date is
 Inventory.                        County).                                                  7/27/07.
 
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0
3. Section 52.2037 is amended by revising paragraph (m) to read as 
follows:


Sec.  52.2037  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (m) Determination--EPA has determined that, as of July 27, 2007, 
the Franklin County ozone nonattainment

[[Page 54363]]

area has attained the 1-hour ozone standard and that the following 
requirements of section 172(c)(2) of the Clean Air Act do not apply to 
this area for so long as the area does not monitor any violations of 
the 1-hour ozone standard of 40 CFR 50.9: the attainment demonstration 
and reasonably available control measure requirements of section 
172(b)(1), the reasonable further progress requirement of section 
172(b)(2), and the related contingency requirements of section 
172(c)(9). If a violation of the 1-hour ozone NAAQS is monitored in the 
Franklin County 1-hour ozone nonattainment area, these determinations 
shall no longer apply.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. In Sec.  81.339, the table entitled ``Pennsylvania-Ozone (8-Hour 
Standard)'' is amended by revising the entry for the Franklin County, 
PA Area to read as follows:


Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--Ozone (8-Hour Standard)
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                                          Designation \a\                      Category/classification
        Designated area        ---------------------------------------------------------------------------------
                                    Date \1\            Type               Date \1\                 Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Franklin Co., PA: Franklin      July 27, 2007...  Attainment......
 County.
 
                                                 * * * * * * *
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\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
 [FR Doc. E7-18835 Filed 9-24-07; 8:45 am]
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