[Federal Register: April 9, 2004 (Volume 69, Number 69)]
[Proposed Rules]
[Page 18853-18857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap04-17]
[[Page 18853]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[PA215-4228; FRL-7644-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Warren County SO2 Nonattainment
Areas and the Mead and Clarendon Unclassifiable Areas to Attainment and
Approval of the Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a request from the Commonwealth of
Pennsylvania to redesignate the Warren County sulfur dioxide
(SO2) nonattainment areas of Conewango Township, Pleasant
Township, Glade Township, and the City of Warren in Warren County,
Pennsylvania to attainment of the national ambient air quality
standards (NAAQS) for SO2. The EPA is also proposing to
approve a maintenance plan for these areas as a SIP revision which
would put in place a plan for maintaining the NAAQS for SO2
for the next ten years. In addition, EPA is proposing to approve a
request to change the status of Mead Township and Clarendon Borough in
Warren County from unclassifiable to attainment of the NAAQS for
SO2. This action is being taken in accordance with the Clean
Air Act (CAA).
DATES: Written comments must be received on or before May 10, 2004.
ADDRESSES: Submit your comments, identified by PA215-4228 by one of the
following methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. E-mail: morris.makeba@epa.gov.
C. Mail: Makeba Morris, Chief, Air Quality Planning Branch,
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. PA215-4228.
EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
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, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103, and 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: Ellen Wentworth (215) 814-2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA originally designated Conewango Township in Warren County,
Pennsylvania as nonattainment for SO2 on March 3, 1978 (43
FR 8962), based upon modeled exceedances in the area of the Warren
Generating Station. The CAA, as amended by the 1990 Amendments,
provided designations of SO2 areas based on their status
immediately before enactment of the 1990 Amendments. Any area
designated as not attaining the NAAQS for SO2 as of the date
of enactment of the 1990 Amendments, was designated nonattainment for
SO2 by operation of law. In addition, any area designated as
attainment or unclassifiable immediately before the enactment of the
1990 Amendments, was also designated as such upon the enactment of the
amendments. As a result, Conewango Township in Warren County was
designated nonattainment for SO2 by operation of law.
The City of Warren and Pleasant Township were originally designated
unclassifiable for the NAAQS for SO2. Pursuant to section
107(d)(1)(C) of the 1990 CAA amendments, these areas were designated
unclassifiable by operation of law. On September 22, 1992 (57 FR
43846), EPA proposed the redesignation of part of Warren County as
nonattainment for SO2. Specifically, the proposed
nonattainment area included Glade and Pleasant Townships, and the City
of Warren. This proposed redesignation was based upon modeled
exceedances of the short-term SO2 standards at the United
Refining Company. In a final rulemaking on December 21, 1993 (58 FR
67334), as amended on September 21, 1994 (59 FR 48405), EPA
redesignated Glade Township, Pleasant Township, and the City of Warren
as nonattainment for SO2. Clarendon Borough and Mead
Township in Warren County were designated unclassifiable by operation
of law pursuant to section 107(d)(1)(C) of the 1990 CAA amendments.
These designations are codified in 40 CFR 81.339.
II. Summary of the March 15, 2004 Submittal From Pennsylvania
On March 15, 2004, the Commonwealth of Pennsylvania submitted
redesignation requests and a proposed SIP revision consisting of a
proposed maintenance plan. The Commonwealth's submittal requested that
EPA redesignate the Warren County SO2 nonattainment areas of
Conewango Township, Pleasant Township, Glade Township, and the City of
Warren in Warren County, Pennsylvania to attainment of the NAAQS for
SO2. The March 15, 2004 submittal also requested that EPA
parallel process its approval of the proposed maintenance plan
associated with the redesignation request as a SIP revision concurrent
with the Commonwealth's process for amending its SIP. The proposed
maintenance plan is for the Warren County SO2 nonattainment
areas of Conewango Township, Pleasant Township, Glade Township, and the
City of Warren in Warren County, Pennsylvania. The submittal also
requested that the status of Mead Township and Clarendon Borough in
Warren County be changed from unclassifiable to attainment of the NAAQS
for SO2.
Under the CAA, EPA may redesignate nonattainment areas to
attainment if
[[Page 18854]]
sufficient data are available to warrant such changes and the area
meets the criteria contained in section 107(d)(3)(E). This includes
full approval of a maintenance plan for the area. EPA may approve a
maintenance plan which meets the requirements of section 175A.
III. Redesignation Criteria
Section 107(d)(3)(E) of the CAA, as amended, specifies five
requirements that must be met to redesignate an area to attainment.
They are as follows:
(1) The area must meet the applicable NAAQS.
(2) The area must have a fully approved SIP under section 110(k).
(3) The area must show improvement in air quality due to permanent
and enforceable reductions in emissions.
(4) The area must meet all relevant requirements under section 110
and part D of the Act.
(5) The area must have a fully approved maintenance plan pursuant
to section 175A. The EPA has reviewed the redesignation request
submitted by the Pennsylvania Department of Environmental Protection
(PADEP) for the Warren County SO2 nonattainment areas. EPA
finds that the request meets the five requirements of section
107(d)(3)(E).
A. The Data Shows Attainment of the NAAQS for SO2 in the
Warren County SO2 Nonattainment Areas
A review of the ambient air quality data demonstrates that the
NAAQS have been achieved in the Warren County SO2
nonattainment areas (Conewango Township, Pleasant Township, Glade
Township, and the City of Warren). This data demonstrates that the
ambient air quality attains the annual and 24-hour health-based primary
standards, and the 3-hour secondary standard. The primary standards are
an annual mean of 0.030 parts per million (ppm), not to be exceeded in
a calendar year, and a 24-hour average of 0.14 ppm, not to be exceeded
more than once per calendar year. The secondary standard is a 3-hour
average of 0.5 ppm, not to be exceeded more than once per calendar
year. The PADEP have quality-assured SO2 ambient air
monitoring data showing that the Warren County SO2
nonattainment areas have attained the NAAQS for SO2.
The redesignation request for the Warren County SO2
nonattainment areas is based upon air quality data for the most recent
three whole calendar years (2000-2002). The data was collected and
quality-assured in accordance with 40 CFR part 58, and recorded in the
Air Quality Subsystem (AQS) of the Aerometric Information Retrieval
System (AIRS). This data demonstrates that the ambient air quality
attains the annual and 24-hour health based primary standards and the
3-hour secondary standard. The basis of Pennsylvania's original
recommendation of nonattainment for this area was dispersion modeling
conducted in 1976. No exceedances of the standard have occurred since
remedies to correct the SO2 problem were implemented. A
table summarizing the monitoring data that has been collected in Warren
County by PADEP since 1987 can be found in the formal submittal and is
available for review in the rulemaking docket. The County is currently
operating two monitors within the nonattainment areas, the Warren High
School monitor, and the Warren Overlook monitor. Both of the monitors
meet the requirements of 40 CFR parts 53 and 58, and are representative
of the highest ambient concentrations.
On January 17, 2003 (68 FR 2454), EPA fully approved a modeled
attainment demonstration for the Warren County SO2
nonattainment areas consisting of Conewango Township, Pleasant
Township, Glade Township, and the City of Warren. This dispersion
modeling was based upon enforceable SO2 emission limits of
sources amended through operating permits, in addition to a
representative background, and demonstrated that the maximum
SO2 impacts do not violate the NAAQS for SO2. The
maintenance plan submitted as a SIP revision, and the fully approved
attainment demonstration (68 FR 2454) show that the ambient air quality
in the Warren County SO2 nonattainment areas meets the
national standards for SO2.
B. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA
EPA fully approved the modeled attainment demonstration for the
Warren County SO2 nonattainment areas and permit emission
limits for two individual sources in Warren County as a SIP revision
for the area through a direct final rule published on January 17, 2003
(68 FR 2454), effective March 18, 2003. Pennsylvania's Prevention of
Significant Deterioration (PSD) program was approved by EPA on August
21, 1984 (49 FR 33128). The PSD program requires any new source to
implement Best Available Control Technology (BACT) and limits a new
source's allowable impact on the environment. EPA granted ``limited''
approval of Pennsylvania's revised New Source Review (NSR) program and
published a final rule on December 7, 1997 (62 FR 64722). On October
19, 2001 (66 FR 53904), EPA converted the limited approval to ``full''
approval for all areas of the Commonwealth except the five-county
Philadelphia area (Bucks, Chester, Delaware, Montgomery, and
Philadelphia counties). Therefore, the NSR program is currently fully
approved for the areas being redesignated and the fully approved PSD
program would apply in these areas immediately upon redesignation.
C. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions
The improvement in air quality in the Warren County SO2
areas is due to permanent and enforceable emissions reductions.
Pennsylvania has submitted and EPA has approved all of the required
enforceable measures applicable to this area. Sulfur dioxide emissions
from the United Refinery are capped by federally-enforceable permit
conditions. The Reliant Energy power station has shutdown and banked
emission reduction credits (ERCs). The SO2 ERCs generated by
Reliant Energy, reduced by the 1.3 to 1 offset ratio, represent the
maximum allowable emissions that could be permitted for any new source.
The attainment demonstration emission rate used in the modeling
translates into a rate limitation as required under the NSR
regulations.
The emissions that could be permitted with the use of the ERCs are
preserved in the SIP inventory for the area and are required to be
counted as actual emissions for planning purposes until the area is
redesignated to attainment, after which the ERCs will become moot.
If a new source is constructed after EPA redesignates the area to
attainment, a PSD permit analysis and permit will limit emissions to a
level below that needed to assure attainment of the NAAQS for
SO2 and protection of all applicable PSD increments. On or
after the date the area is redesignated to attainment, any new
stationary source constructed or existing stationary source that is
modified would be subject to the Pennsylvania SIP-approved minor and
major source permitting requirements, including those for PSD. Those
requirements include provisions for implementation of BACT and the
performance of ambient air quality analyses to ensure the protection of
the NAAQS and PSD increments. As previously stated, Pennsylvania's PSD
program was approved by EPA on August 21, 1984 (49 FR 33128).
Furthermore, even if the new stationary source constructed or existing
stationary source that is being modified is defined as ``minor'' under
the Pennsylvania SIP, if emissions or stack configurations
[[Page 18855]]
differ from those of the modeled attainment demonstration such that it
no longer can be relied upon as the technical basis to ensure
protection of the NAAQS, the SIP provides the Commonwealth the
authority to require the applicant to perform ambient air quality
analyses to ensure the protection of the NAAQS.
D. The State Has Met All Applicable Requirements for the Area Under
Section 110 and Part D of the CAA
The Warren County SO2 nonattainment areas have met all
applicable and necessary requirements of section 110 and subchapter 1,
of part D of the CAA. As mentioned previously, the modeled attainment
demonstration for the Warren County SO2 areas and permit
emission limitations for the two stationary sources in Warren County,
were fully approved by EPA as a SIP revision for the area, and
Pennsylvania's PSD and NSR programs were approved by EPA. EPA approval
of a transportation conformity SIP revision for the area is not
required for redesignation because the nature of the areas' previous
SO2 nonattainment problem has been determined to be
overwhelmingly attributable to stationary sources. The modeling
demonstration submitted with the attainment demonstration SIP revision
contained a detailed emissions inventory of the allowable emissions for
all of the sources of SO2 in the area. That inventory was
found to be acceptable by EPA. Sulfur dioxide emissions from area and
mobile sources are insignificant in comparison to the emissions from
stationary sources and estimated background concentrations used in the
attainment modeling approved by EPA.
E. The Area Has a Fully Approved Maintenance Plan Under Section 175A of
the CAA
Section 175A of the CAA sets forth the necessary elements of a
maintenance plan needed for areas seeking redesignation from
nonattainment to attainment. The proposed maintenance plan for the
Warren County SO2 areas is being submitted to EPA for
approval via parallel-processing as a SIP revision concurrently with
the request for redesignation. The proposed maintenance plan shows that
the NAAQS for SO2 will be maintained for at least 10 years
after redesignation in the Warren County area. The proposed plan also
includes contingency measures to address any violation of the NAAQS.
The proposed maintenance plan also states that eight years following
redesignation, the Commonwealth will submit a revised plan that ensures
attainment through 2025.
IV. Description of the Proposed Maintenance Plan
Section 107(d)(3)(E) of the CAA requires that a maintenance plan be
fully approved by EPA before an area can be redesignated as attainment.
The maintenance plan is considered a SIP revision under section 110 of
the CAA. Under section 175A(a) of the CAA, the maintenance plan must
show that the NAAQS for SO2 will be maintained for at least
10 years after redesignation. The maintenance plan must also include
contingency measures to address any violation of the NAAQS.
To show that future emissions over the 10-year period of analysis
will not lead to any exceedances of the standard, allowable emission
inventories for 2003 and 2015 have been developed. Sulfur dioxide
levels from the United Refinery facility are capped by federally
enforceable permit conditions. Significant permanent reductions have
occurred that were not included in the modeled attainment
demonstration, due to the Reliant Energy power station having shutdown
and generated ERCs. If these ERCs were used to offset emissions for a
new unit, the emission rate limit in the attainment SIP modeling
demonstration would be applicable. The total potential SO2
emission rates in the area are, therefore, capped at the attainment
demonstration levels.
The Commonwealth of Pennsylvania determined the year 2015 to be the
appropriate year for preparation of this maintenance plan through
consultation with EPA. Eight years following redesignation, the
Commonwealth will submit a revised plan that ensures attainment through
2025, pursuant to section 175A(b) of the CAA. The major elements of the
proposed maintenance plan are described in the following sections A-D.
A. Maximum Potential Emissions: 2003 and 2015
The proposed plan contains the detailed SO2 emissions
data for 2003 and 2015. No growth in emissions is possible owing to the
caps on existing stationary sources that are contained in the SIP
revision approved by EPA, effective March 18, 2003, and the permitting
requirements for potential new sources that would require NSR offsets.
After redesignation to attainment, a PSD evaluation would require
emission limits sufficient to ensure continued attainment and
protection of any applicable PSD increments. Sulfur dioxide emissions
from area and mobile sources are not included because the cause of the
air quality formerly being nonattainment was due to emissions of
stationary sources. Mobile and area emissions were and remain
insignificant in comparison to the point source inventory and the
estimated background concentrations used in the attainment modeling
demonstration.
1. 2003 Base Year Emissions (Emissions Used in the Attainment
Demonstration)
Reliant Energy emissions = 5197 tons per year (TPY)/4620 lbs/hr
United Refining permitted allowable = 3946 TPY/903 lbs/hr maximum
rate
Total emissions = 9143 TPY/5523 lbs/hr
2. 2015 Projected Emissions
The maximum projected emissions are quantified below, and are
considerably lower than the level of emissions used in the attainment
demonstration. The Reliant Energy facility has been permanently
shutdown since September 28, 2002, and no new SO2 emitting
plants are anticipated. However, if a major modification were proposed
prior to redesignation, and within the five-year netting window, the
maximum emissions allowable would be limited to 3998 TPY, based on the
following: The Reliant Energy emission reductions or ERCs amount to
5197 TPY. At an offset ratio of 1.3 to 1 for flue emissions, the
maximum amount of emissions that could be permitted by the use of these
ERCs as offsets would be 3998 TPY at a maximum rate of 583 g/s or 2.31
tons/hr (the rate used in the attainment modeling). These are the only
ERCs available for use in the area. As required under 25 Pa. Code
section 127.206(f), the ERCs expire for use as offsets ten years from
shutdown date or five years from shutdown if the emission reductions
are utilized in an applicability determination (``netting'' analysis).
Again, after redesignation to attainment, a PSD evaluation would
require emission limits sufficient to ensure continued attainment and
protection of any applicable PSD increments.
B. Attainment Emissions Inventory
The proposed plan explains that emission levels from the attainment
demonstration were used as the 2003 base year emissions, and that this
data,
[[Page 18856]]
along with the control measures factors was also used to estimate
SO2 emissions in 2015.
C. Permanent and Enforceable Control Measures
The proposed plan describes the permanent and enforceable adopted
control measures that are in effect that will prevent emissions growth.
Pennsylvania has submitted and EPA has approved all of the required
enforceable measures applicable to this area. The NSR requirements
applicable in SO2 nonattainment areas will remain in effect
until the effective date of the redesignation of the area to
attainment.
1. Permit Limits on Existing Sources
a. United Refining--The emissions listed for United Refining are
the maximum allowable emissions contained in the federally enforceable
Title V permit and which were submitted as a part of the attainment
demonstration SIP revision and are thereby permanent and federally
enforceable control measures.
b. Reliant Energy Warren ERCs--The SO2 ERCs generated by
Reliant Energy, reduced by the 1.3 to 1 offset ratio, represent the
maximum allowable emissions that could be permitted for any new source.
The attainment demonstration emission rate used in the modeling
translates into a rate limitation as required under the NSR
regulations. The emissions that could be permitted with the use of the
ERCs are preserved in the SIP inventory for the area and are required
to be counted as actual emissions for planning purposes until the area
is redesignated to attainment, after which the ERCs will become moot.
2. Prevention of Significant Deterioration and Minor NSR for New
Sources
If a new major source or major modification is constructed after
EPA redesignates the area to attainment, a PSD permit analysis and
permit will limit emissions to a level below that needed to assure
attainment of the NAAQS for SO2 and protection of all
applicable PSD increments. On or after the date the area is
redesignated to attainment, any new stationary source constructed or
existing stationary source that is modified would be subject to the
Pennsylvania SIP-approved minor and major source permitting
requirements, including those for PSD. Those requirements include
provisions for implementation of BACT and the performance of ambient
air quality analyses to ensure the protection of the NAAQS and PSD
increments. Furthermore, even if the new stationary source constructed
or existing stationary source that is being modified is defined as
``minor'' under the Pennsylvania SIP, if emissions or stack
configurations differ from those of the modeled attainment
demonstration such that it no longer can be relied upon as the
technical basis to ensure protection of the NAAQS, the SIP provides the
Commonwealth the authority to require the applicant to perform ambient
air quality analyses to ensure the protection of the NAAQS.
D. Contingency Measures
The proposed maintenance plan states that emissions monitoring will
continue throughout the term of the maintenance plan. The Commonwealth
will also continue to operate the air monitoring network in accordance
with 40 CFR part 58, with no reductions in the number of sites from
those in the existing network unless pre-approved by EPA. The
Commonwealth will track the attainment status of the NAAQS for
SO2 in the Warren County area by reviewing air quality and
emissions data during the maintenance period. If an exceedance of the
NAAQS for SO2 occurs, the Commonwealth will expeditiously
investigate and determine the source(s) that caused the exceedance and/
or violation and enforce any SIP or permit limit that is violated. In
the event that all sources are found to be in compliance with
applicable SIP and permit emission limits, the Commonwealth shall
perform the necessary analysis to determine the cause(s) of the
exceedance, and determine what additional control measures are
necessary to impose on the area's stationary sources to continue to
maintain attainment of the NAAQS. The Commonwealth shall inform any
affected stationary source(s) of SO2 of the potential need
for additional control measures. If there is a violation of the NAAQS
for SO2, the Commonwealth shall, within six months of the
violation, issue a permit(s) imposing additional control measures on
those stationary sources and requiring compliance with those additional
control measures no later than 18 months from the date of the recorded
violation. The additional control measures will be submitted to EPA for
approval and incorporation into the SIP.
V. Proposed Action
EPA is proposing to approve the Commonwealth of Pennsylvania's
March 15, 2004 request that the Warren County SO2
nonattainment areas, consisting of Conewango Township, Pleasant
Township, Glade Township, and the City of Warren in Warren County,
Pennsylvania be redesignated to attainment of the NAAQS for
SO2 because all requirements for approval have been
satisfied. EPA is also proposing to approve the associated maintenance
plan for these areas submitted by the Commonwealth, as required under
section 175A of the CAA, as a revision to the Pennsylvania SIP. Because
these nonattainment areas have satisfied all of the requirements for
redesignation to attainment, the adjacent areas of Mead Township and
Clarendon Borough in Warren County, currently designated as
unclassifiable for SO2, are also eligible to be redesignated
to attainment. Therefore, EPA is also proposing to approve the
Commonwealth of Pennsylvania's request that Mead Township and Clarendon
Borough in Warren County be redesignated from unclassifiable to
attainment of the NAAQS for SO2.
This revision is being proposed under a procedure called parallel
processing, whereby EPA proposes rulemaking action concurrent with the
state's procedures for amending its SIP. If the proposed revision is
substantively changed in areas other than those identified in this
action, EPA will evaluate those changes and may publish another notice
of proposed rulemaking. If no substantive changes are made to the
currently proposed SIP revision, EPA will publish a Final Rulemaking
Notice on the revisions. The final rulemaking action by EPA will occur
only after the SIP revision has been adopted by Pennsylvania and
submitted formally to EPA for incorporation into the SIP. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5
[[Page 18857]]
U.S.C. 601 et seq.). Because this rule proposes to approve 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
(Pub. L. 104-4).
This proposed 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 proposes to approve 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
proposed 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, proposing to approve the redesignation of the Warren
County SO2 nonattainment areas to attainment, and to approve
the associated maintenance plan, and to change the status of Mead
Township and Clarendon Borough in Warren County from unclassifiable to
attainment, does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements, Sulfur oxides.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 1, 2004.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 04-8097 Filed 4-8-04; 8:45 am]
BILLING CODE 6560-50-P