[Federal Register: September 25, 2007 (Volume 72, Number 185)]
[Rules and Regulations]
[Page 54361-54363]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25se07-15]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2007-0174; FRL-8473-1]
Technical Amendments to Approval and Promulgation of Air Quality
Implementation Plans; Pennsylvania; Correction of Effective Date Under
Congressional Review Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction of effective date under Congressional
Review Act.
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SUMMARY: On July 25, 2007 (72 FR 40746), the EPA published in the
Federal Register a final rule that approved a request that the Franklin
County nonattainment area (``Franklin County Area'' or ``Area'') be
redesignated as attainment for the 8-hour ozone national ambient air
quality standard (NAAQS) and that approved the maintenance plan and the
2002 base-year emissions inventory as revisions to the Pennsylvania SIP
in accordance with the requirements of the Clean Air Act (CAA). That
July 25, 2007 final rule established an effective date of July 25,
2007. This document corrects the effective date of the rule to July 27,
2007 to be consistent with sections 801 and 808 of the Congressional
Review Act, enacted as part of the Small Business Regulatory
Enforcement Fairness Act, 5 U.S.C. 801 and 808.
EFFECTIVE DATE: This rule is effective on September 25, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0174. 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 Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or
by e-mail at cripps.christopher@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 801 of the Congressional review Act precludes a rule from
taking effect until the agency promulgating the rule submits a rule
report, which includes a copy of the rule, to each House of Congress
and to the Comptroller General of the Government Accountability Office
(GAO). After publication of the July 25, 2007 final rule (72 FR 40746)
EPA discovered that it had inadvertently failed to submit the above
rule as required; thus, although the rule was promulgated on July 25,
2007 (72 FR 40746), by operation of law, the rule did not take effect
on July 25, 2007, as stated therein. After EPA discovered this error,
EPA complied with its obligations under the Congressional Review Act by
submitting the rule to both Houses of Congress and the GAO on July 27,
2007. This document corrects certain dates displayed in 40 CFR parts 52
and 81 to reflect the date on which EPA satisfied the procedural
requirements of the Congressional Review Act.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, an agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because EPA merely is
memorializing in this action that EPA's compliance with the
congressional review requirements of the Congressional Review Act, has
as a matter of law, changed the effective date of the July 25, 2007
action, and EPA has no discretion in this matter. Thus, notice and
public procedure are unnecessary. The Agency finds that this
constitutes good cause under 5 U.S.C. 553(b)(B). Moreover, because
today's action does not create any new regulatory requirements and the
submittal of the rule to Congress has, by operation of law, changed the
effective date of the July 25, 2007 rule to July 27, which this action
merely memorializes, EPA finds that good cause exists to provide for an
immediate effective date pursuant to 5 U.S.C. 553(d)(3). Because the
delay in the effective date was caused by EPA's inadvertent failure to
submit the rule under the Congressional Review Act, EPA does not
believe that affected entities that acted in good faith relying upon
the effective date stated in the July 25, 2007, Federal Register should
be penalized if they were complying with the rule as promulgated.
II. 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.
Redesignation of an area to attainment under section 107(d)(3)(e) of
the Clean Air Act does not impose any new requirements on small
entities. Redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on sources.
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
[[Page 54362]]
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 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). Because this
action allows the state to avoid adopting or implementing other
requirements, affects the status of a geographical area, or does not
impose any new requirements on sources, 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 requirement, 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 approves a state rule implementing a Federal
standard.
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. Redesignation is an
action that affects the status of a geographical area and does not
impose any new requirements on sources. 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
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
This final rule only amends the effective date of the underlying
rule as promulgated on July 25, 2007 (72 FR 40746); it does not amend
any substantive requirements contained in the rule. Accordingly, to the
extent it is available, judicial review of today's final rule is
limited to the amended effective date. 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 November 26, 2007. Filing a petition for reconsideration by the
Administrator of this final rule 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 amending consistent with the provisions of the
Congressional Review Act the effective date of the July 25, 2007 (72 FR
40746) rule approving the redesignation of the Franklin County Area to
attainment for the 8-hour ozone NAAQS, the associated maintenance plan,
the 2002 base-year emissions inventory, and the MVEBs identified in the
maintenance plan, may not be challenged later in proceedings to enforce
its requirements.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: September 14, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by
revising the entry for the 8-Hour Ozone Maintenance Plan and the 2002
Base Year Emissions Inventory for the Franklin County, Pennsylvania
Area to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
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* * * * * * *
8-Hour Ozone Maintenance Plan Franklin County 9/20/06, 7/25/07, 72 FR The SIP effective
and 2002 Base Year Emissions Area (Franklin 11/08/06 40746. date is
Inventory. County). 7/27/07.
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0
3. Section 52.2037 is amended by revising paragraph (m) to read as
follows:
Sec. 52.2037 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(m) Determination--EPA has determined that, as of July 27, 2007,
the Franklin County ozone nonattainment
[[Page 54363]]
area has attained the 1-hour ozone standard and that the following
requirements of section 172(c)(2) of the Clean Air Act do not apply to
this area for so long as the area does not monitor any violations of
the 1-hour ozone standard of 40 CFR 50.9: the attainment demonstration
and reasonably available control measure requirements of section
172(b)(1), the reasonable further progress requirement of section
172(b)(2), and the related contingency requirements of section
172(c)(9). If a violation of the 1-hour ozone NAAQS is monitored in the
Franklin County 1-hour ozone nonattainment area, these determinations
shall no longer apply.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.339, the table entitled ``Pennsylvania-Ozone (8-Hour
Standard)'' is amended by revising the entry for the Franklin County,
PA Area to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--Ozone (8-Hour Standard)
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Designation \a\ Category/classification
Designated area ---------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Franklin Co., PA: Franklin July 27, 2007... Attainment......
County.
* * * * * * *
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\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
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[FR Doc. E7-18835 Filed 9-24-07; 8:45 am]
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