[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Rules and Regulations]
[Pages 32238-32240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12589]



40 CFR Part 52

[EPA-R03-OAR-2008-0097; FRL-8576-4]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 
Base-Year Inventory for the Wayne County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. The Pennsylvania 
Department of Environmental Protection (PADEP) submitted a SIP revision 
consisting of a maintenance plan that provides for continued attainment 
of the 8-hour ozone national ambient air quality standard (NAAQS) for 
at least 10 years after the April 30, 2004, designations, as well as, a 
2002 base-year inventory for the Wayne County Area. EPA is approving 
the maintenance plan and the 2002 base-year inventory for the Wayne 
County Area as revisions to the Pennsylvania SIP in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on July 7, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2008-0097. 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 Environment 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at [email protected].

[[Page 32239]]


I. Background

    On April 14, 2008 (73 FR 20002), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed 
approval of Pennsylvania's SIP revision that establishes a maintenance 
plan for the Wayne County Area that provides for continued attainment 
of the 8-hour ozone NAAQS for at least 10 years after designation, and 
a 2002 base-year emissions inventory. The formal SIP revisions were 
submitted by PADEP on December 17, 2007. Other specific requirements of 
Pennsylvania's SIP revision and the rationales for EPA's proposed 
actions are explained in the NPR and will not be restated here. No 
public comments were received on the NPR.

II. Final Action

    EPA is approving the maintenance plan and the 2002 base-year 
inventory for the Wayne County Area, submitted on December 17, 2007, as 
revisions to the Pennsylvania SIP. EPA is approving the maintenance 
plan and 2002 base-year inventory for the Wayne County Area because it 
meets the requirements of section 110(a)(1) of the CAA.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

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 action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 5, 2008. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action.
    This action approving the maintenance plan and the 2002 base-year 
inventory for the Wayne County Area may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: May 28, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.

40 CFR part 52 is amended as follows:


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

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

Subpart NN--Pennsylvania

2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
an entry for the 8-Hour Ozone Maintenance Plan and 2002 Base-Year 
Inventory for Wayne County at the end of the table to read as follows:

Sec.  52.2020  Identification of plan.

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

[[Page 32240]]

   Name of non-regulatory SIP        Applicable        State submittal                            Additional
            revision               geographic area           date          EPA approval date      explanation
                                                  * * * * * * *
8-Hour Ozone Maintenance Plan    Wayne County......  12/17/2007.........  June 6, 2008
 and 2002 Base-Year Inventory.                                             [Insert page
                                                                           number where the
                                                                           document begins].

* * * * *
[FR Doc. E8-12589 Filed 6-5-08; 8:45 am]