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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Parts 52 and 81
PA ID: [PA209-4302; FRL-7781-3]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Hazelwood SO
DATES: This final rule is effective on August 20, 2004.
DOCUMENT SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the Commonwealth of Pennsylvania. These revisions include a
[[Page 43523]]
regulation change to the allowable sulfur oxide emission limits for
fuel burning equipment, and a modeled demonstration of attainment of
the national ambient air quality standards (NAAQS) for sulfur dioxide
(SO
SO
SUMMARY: Pennsylvania,
SUPPLEMENTAL INFORMATION
I. Background On April 2, 2004 (69 FR 17374), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania on behalf of the
ACHD. The NPR proposed approval of a regulation change to the allowable
sulfur oxide emission limits for fuel burning equipment, and a modeled
demonstration of attainment of the NAAQS for SO
II. Final Action
EPA is approving SIP revisions submitted on August 15, 2003 by the
Commonwealth of Pennsylvania on behalf of the ACHD. These SIP revisions
include a regulation change to the allowable sulfur oxide emission
limits for fuel burning equipment, and a modeled demonstration of
attainment of the NAAQS for SO
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. 601 et seq.). Because this rule approves preexisting 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. 1044). 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. 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 [[Page 43524]]
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 September 20, 2004. Filing a
petition for reconsideration by the Administrator of this final rule,
which approves a regulation change to the allowable sulfur oxide
emission limits for fuel burning equipment, a modeled demonstration of
attainment, and the redesignation and associated maintenance plan for
the Hazelwood and Monongahela River Valley areas in Allegheny County,
Pennsylvania, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: June 24, 2004.
Donald S. Welsh,
Regional Administrator, Region III.
40 CFR parts 52 and 81 are 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 NNPennsylvania
2. Section 52.2020 is amended by adding paragraph (c)(216) to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(216) Revisions to the Allegheny portion of the Pennsylvania State
Implementation Plan (SIP) submitted on August 15, 2003 by the
Pennsylvania Department of Environmental Protection consisting of a
regulatory change to Article XXI, section 2104.03, Sulfur Oxide
Emissions, a modeled demonstration of attainment of the national
ambient air quality standards (NAAQS) for SO
(i) Incorporation by reference.
(A) Letter of August 15, 2003 from the Pennsylvania Department of
Environmental Protection transmitting a regulatory change to the
allowable sulfur oxide emission limits for fuel burning equipment, a
modeled demonstration of attainment, and the maintenance plan for the
Hazelwood and Monongahela River Valley areas of Allegheny County, Pennsylvania.
(B) Maintenance Plan for Sulfur Dioxide for Southwestern
Pennsylvania, Parts I through V, and Appendices A and B, dated August 2001, and effective July 10, 2003.
(C) Revisions to section 2104.03 of Article XXI, Rules and
Regulations of the Allegheny County Health, effective July 10, 2003. (ii) Additional Material.
(A) Remainder of the August 15, 2003 State submittal pertaining to
the revisions listed in paragraph (c)(216)(i) of this section.
(B) Additional material submitted by the Pennsylvania Department of
Environmental Protection on February 12, 2004, which consists of minor
clarifications to the Summary and Responses document from the public
hearing, and a letter dated February 6, 1992 which was referenced but
not included in the August 15, 2003 SIP revision submittal.
3. Section 52.2033 is amended by adding paragraph (c) to read as follows:
Sec. 52.2033 Control strategy: Sulfur oxides
* * * * *
(c) EPA approves the attainment demonstration State Implementation
Plan for the Hazelwood and Monongahela River Valley areas of the
Allegheny County Air Basin in Allegheny County, submitted by the
Pennsylvania Department of Environmental Protection on August 15, 2003. PART 81[AMENDED]
1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart CSection 107 Attainment Status Designations
2. In Sec. 81.339, the table for ``PennsylvaniaSO
Sec. 81.339 Pennsylvania
PennsylvaniaSO2
Does not meet Does not meet Better than
Designated area primary secondary Cannot be national
standards standards classified standards
* * * * * * * V. Southwest Pennsylvania Intrastate AQCR:
* * * * * * * (B) Allegheny County Air Basin:
(1) The areas within a twomile radius .............. .............. .............. X of the Hazelwood monitor..............
(2) That portion of Allegheny County .............. .............. .............. X within an eightmile radius of the
Duquesne Golf Association Club House
in West Mifflin excluding the
nonattainment area (
* * * * * * * [[Page 43525]]
* * * * *
[FR Doc. 0416568 Filed 72004; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Ellen Wentworth, (215) 814-2034, or by email at wentworth.ellen@epa.gov.
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