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AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Final rule; Notice of administrative change.
SUMMARY:
EPA is updating the materials submitted by Pennsylvania that are incorporated by reference (IBR) into the State implementation plan (SIP). The regulations affected by this update have been previously submitted by the Pennsylvania Department of Environmental Protection and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the Regional Office.
EFFECTIVE DATE:
This action is effective January 3, 2007.
ADDRESSES:
SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and Radiation Docket and Information Center, EPA Headquarters Library, Room Number 3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566-1742; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
The SIP is a living document which the State revises as necessary to address the unique air pollution problems. Therefore, EPA, from time to time must take action on SIP revisions containing new and/or revised regulations to make them part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference Federally-approved SIPs, as a result of consultations between EPA and the Office of the Federal Register (OFR). The description of the revised SIP document, IBR procedures and “Identification of plan” format are discussed in further detail in the May 22, 1997
Federal Register
document. On February 25, 2005 (70 FR 9450), EPA published a
Federal Register
beginning the new IBR procedure for Pennsylvania. In this document, EPA is doing the following:
1. Announcing the update to the IBR material as of November 1, 2006.
2. Making corrections to the following entries listed in the paragraph 52.2020(c)(1) chart, as described below:
a. Title 25, Sections 121.1 and 145.42—In the “Additional explanation/§ 52.2063 citation” column, text is added referring to the SIP-effective date of the revised rules.
b. Title 25, Sections 129.201 through 129.205 and Chapter 145, subsections B and C—In the “Additional explanation/§ 52.2063 citation” column, text is added referring to the SIP-effective date of the new rules.
c. Title 25, Sections 129.54, 129.59, 129.60, 129.61, and 129.68—In the “EPA approval date” column, the EPA approval date and
Federal Register
page citation are revised.
d. Title 25, Chapter 130, Subchapters A and B—In the “Additional explanation/§ 52.2063 citation” column, the text referring to the SIP-effective date is removed from all entries.
e. Title 67, Chapters 175 and 177—In the State citation column, the word “Section” is added before all numerical entries.
3. Making corrections to the paragraph 52.2020(d)(1) chart, as described below:
a. The title of the second column is revised from “Permit no.” to “Permit number.”
b. Entry for the Hercules Cement Company—The permit number is revised.
Pennsylvania Power and Light Co. (PP&L)-Montour—The permit number is revised.
c. Entries for the Tennessee Gas Pipeline Company, Stations 321 and 219-In the “Additional explanation/§ 52.2063 citation” column, the text referring to the SIP-effective date is removed.
d. Entry for the Tennessee Gas Pipeline Corporation—Buck Township—The entry in the “Name of source” column is revised to read, “Transcontinental Gas Pipeline Corporation-Buck Township.”
e. Entry for Alcoa Extrusion, Inc.—The state effective date is revised.
f. Entry for Stoney Creek Technologies, LLC—The permit number is revised.
g. Entry for Texas Eastern Transmission Corporation (Dauphin County)—The permit number is revised.
h. Entry for United Refining Company—The state effective date is revised.
i. Entries for Waste Management Disposal Services of Pennsylvania (Pottstown Landfill), Waste Management Disposal Services of PA, Inc., and Armstrong World Industries, Inc.—The citation in the “Additional explanation/§ 52.2063 citation” column is revised.
4. Making corrections to the following entries listed in the paragraph 52.2020(e)(1) chart, as described below:
a. Entry for Mobile Budgets for Post-1996 and 2005 attainment plans for the Philadelphia-Wilmington-Trenton 1-Hour Ozone Nonattaiment Area—The revised entry adds a date and
Federal Register
citation, inadvertently omitted in the February 25, 2005
Federal Register
document, in which EPA approved revisions to these mobile budgets.
b. Entry for Ozone Maintenance Plan, Reading Area (Berks County)—The revised entry adds a date and
Federal Register
citation, inadvertently omitted in the February 25, 2005
Federal Register
document, in which EPA approved revisions to this ozone maintenance plan.
EPA has determined that today's rule falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation, and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect chart entries.
( printed page 201)
III. 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. 601et 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 (Public Law 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, 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. 3501et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801et 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
EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Pennsylvania SIP compilations had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for this “Identification of plan” reorganization update action for Pennsylvania.
(1) Material listed as incorporated by reference in paragraphs (c) and (d) was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the
Federal Register
. Entries in paragraphs (c) and (d) of this section with EPA approval dates on or after November 1, 2006 will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region III certifies that the rules/regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of November 1, 2006.
(3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103; the EPA, Air and Radiation Docket and Information Center, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Changing the NOX
authorized account representative; and changes in the Alternate NOX
authorized account representative; changes in the owners and operators
Excludes/removes the sentence and partial sentence, “The minimum expenditure for the first 2 years after commencement of the program in an affected area is $150. Beginning with the 3rd year of the program in an affected area”.
Procedures Relating to Certificates of Emission Inspection
Section 177.291
Procedures Relating to Certificates of emission inspection
(1) EPA-Approved Source-Specific Reasonably Available Control Technology (RACT) Requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX)
Name of source
Permit number
County
State
effective date
EPA approval date
Additional explanation/§ 52.2063 citation
For exceptions,
see
the applicable paragraphs in 40 CFR § 52.2063(c)
1
Because of an editing error, this section was placed in the wrong subpart of 40 CFR part 52 (subpart W instead of subpart NN), and subsequently removed. However, EPA considers this provision to be a current Federally-enforceable portion of the SIP. The “removed” paragraph reads as follows:
“Pennsylvania Department of Transportation change to section 7.5.9.8 of the Paving Maintenance Manual creditable as emission offsets submitted by the Secretary of the Pennsylvania Department of Environmental Resources on July 15, 1997, as addenda to the Pennsylvania Air Quality Implementation Plan.”
( printed page 245)
(2) EPA-Approved Source-Specific Reasonably Available Control Technology (RACT) Requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) Not Incorporated by Reference