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Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Reasonably Available Control Technology Requirements for Volatile Organic Compounds and Nitrogen Oxides

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[Federal Register: May 3, 2001 (Volume 66, Number 86)]
[Rules and Regulations]
[Page 22123-22125]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my01-6]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA143-4115a; FRL-6973-4]

Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Reasonably Available Control Technology
Requirements for Volatile Organic Compounds and Nitrogen Oxides

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: EPA is removing the conditional status of its approval of the
Commonwealth of Pennsylvania State Implementation Plan (SIP) revision
that requires all major sources of volatile organic compounds (VOCs)
and nitrogen oxides (NOX) to implement reasonably available
control technology (RACT). Pennsylvania has satisfied the condition
imposed in EPA's conditional limited approval published on March 23,
1998 (63 FR 13789). The intended effect of this action is to remove the
conditional nature of EPA's approval of Pennsylvania's VOC and
NOX RACT Regulation. The regulation retains its limited
approval status. Conversion of the Pennsylvania VOC and NOX
RACT Regulation from limited to full approval will occur when EPA has
approved the case-by-case RACT determinations submitted by
Pennsylvania.

DATES: This rule is effective on June 18, 2001 without further notice,
unless EPA receives adverse written comment by June 4, 2001. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief,
Air Quality Planning and Information Services Branch, Mailcode 3AP21,
U.S. Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. 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,

[[Page 22124]]

Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103, and the
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, at
the EPA Region III address above, or by e-mail at
wentworth.ellen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 23, 1998 (63 FR 13789), EPA granted a conditional limited
approval of the Pennsylvania SIP that established and required all
major sources of VOCs and NOX to implement RACT. This
approval was granted on the condition that Pennsylvania must, by no
later than April 22, 1999, certify that (1) it had submitted case-by-
case RACT proposals for all sources subject to the RACT requirements
currently known to the Pennsylvania Department of Environmental
Protection (PADEP), or (2) demonstrate that the emissions from any
remaining subject sources represented a de minimis level of emissions
as defined in the rulemaking document.
    On April 22, 1999, the PADEP submitted a letter certifying that it
had met the terms and conditions imposed by EPA in its March 23, 1998
conditional limited approval of its VOC and NOX RACT
regulations by submitting 485 case by case VOC/NOX RACT
determinations as SIP revisions. EPA concurs that Pennsylvania's April
22, 1999 certification satisfies the condition imposed in its
conditional limited approval published on March 23, 1998. EPA is,
therefore, removing the conditional status of its approval of
Pennsylvania's VOC and NOX RACT regulation. The regulation
retains its limited approval status. Conversion to full approval will
occur when EPA has approved the case-by-case RACT determinations
submitted by PADEP.

II. EPA Action

    EPA is removing the conditional status of its approval of
Pennsylvania's VOC and NOX RACT Regulation. The regulation
will retain limited approval status until EPA has approved the case-by-
case RACT SIP revisions proposals submitted by PADEP. This action is
being published without prior proposal because we view this as a
noncontroversial amendment and because we anticipate no adverse
comments. In a separate document in the ``Proposed Rules'' section of
this Federal Register publication, we are proposing to remove the
conditional status of the approval of the Pennsylvania's VOC and
NOX RACT Regulation. This action will be effective without
further notice unless we receive relevant adverse comment by June 4,
2001. If we receive such comment, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect. We will address all public comments in a subsequent final
rule based on the proposed rule. Any parties interested in commenting
must do so at this time. If no such comments are received by June 4,
2001, you are advised that this section will be effective on June 18,
2001.

III. Administrative Requirements

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. 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. 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 governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This 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 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 (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 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 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

    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 July 2, 2001. Filing a
petition for reconsideration by the Administrator of the removal of the
conditional status of EPA's approval of Pennsylvania's VOC and
NOX RACT

[[Page 22125]]

regulation 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 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, Nitrogen dioxide,
Ozone, Reporting and record keeping requirements.

    Dated: April 24, 2001.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

Sec. 52.2026  [Amended]

    2. In Sec. 52.2026, paragraph (f) is removed and reserved.
[FR Doc. 01-10984 Filed 5-2-01; 8:45 am]
BILLING CODE 6560-50-P

 
 

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