Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Centre County (State College) 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan and 2002 Base Year Inventory, 63990-63992 [E7-22042]
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63990
Federal Register / Vol. 72, No. 219 / Wednesday, November 14, 2007 / Rules and Regulations
EPA-APPROVED MOHEGAN TRIBE OF INDIANS OF CONNECTICUT REGULATIONS—Continued
Tribal effective date
Tribal citation
Title/subject
Mohegan Tribal Resolution 2005–16.
Authorizing civil penalties up to $25,000
per violation.
Memorandum of
Agreement.
Memorandum of Agreement dated December 26, 2006, between the Mohegan
Tribe of Indians of Connecticut and the
U.S. Environmental Protection Agency
Region I.
[FR Doc. E7–22221 Filed 11–13–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and 81
[EPA–R03–OAR–2007–0533; FRL–8494–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation of the
Centre County (State College) 8-Hour
Ozone Nonattainment Area to
Attainment and Approval of the Area’s
Maintenance Plan and 2002 Base Year
Inventory
Environmental Protection
Agency (EPA).
ACTION: Final rule.
rmajette on PROD1PC64 with RULES
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The Pennsylvania
Department of Environmental Protection
(PADEP) is requesting that the Centre
County ozone nonattainment area (State
College Area) be redesignated as
attainment for the 8-hour ozone ambient
air quality standard (NAAQS). EPA is
approving the ozone redesignation
request for the State College Area. In
conjunction with its redesignation
request, PADEP submitted a SIP
revision consisting of a maintenance
plan for the State College Area that
provides for continued attainment of the
8-hour ozone NAAQS for at least 10
years after redesignation. EPA is
approving the 8-hour maintenance plan.
PADEP also submitted a 2002 base year
inventory for the State College Area
which EPA is approving. In addition,
EPA is approving the adequacy
determination for the motor vehicle
emission budgets (MVEBs) that are
identified in the State College Area
maintenance plan for purposes of
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EPA approval date
Explanations
04/28/05
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[Insert Federal Register page
number
where the
document
begins]
12/26/06
11/14/07 [Insert Federal Register page
number where the document begins].
transportation conformity, and is
approving those MVEBs. EPA is
approving the redesignation request,
and 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).
DATES: Effective Date: This final rule is
effective on December 14, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0533. 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 Environment Protection,
Bureau of Air Quality Control, P.O. Box
8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by e-mail at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 11, 2007 (72 FR 51747),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of
Pennsylvania’s redesignation request, a
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SIP revision that establishes a
maintenance plan for the State College
Area that provides for continued
attainment of the 8-hour ozone NAAQS
for at least 10 years after redesignation,
and a 2002 base year emissions
inventory. The formal SIP revisions
were submitted by PADEP on June 12,
2007. Other specific requirements of
Pennsylvania’s redesignation request
SIP revision for the maintenance plan
and the rationales for EPA’s proposed
actions are explained in the NPR and
will not be restated here. No public
comments were received on the NPR.
However, on December 22, 2006, the
U.S. Court of Appeals for the District of
Columbia Circuit vacated EPA’s Phase 1
Implementation Rule for the 8-hour
Ozone Standard. (69 FR 23591, April 30,
2004). South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882
(D.C. Cir. 2006). On June 8, 2007, in
South Coast Air Quality Management
Dist. v. EPA, Docket No. 04–1201, in
response to several petitions for
rehearing, the D.C. Circuit clarified that
the Phase 1 Rule was vacated only with
regard to those parts of the rule that had
been successfully challenged. Therefore,
the Phase 1 Rule provisions related to
classifications for areas currently
classified under subpart 2 of Title I, part
D of the Act as 8-hour nonattainment
areas, the 8-hour attainment dates and
the timing for emissions reductions
needed for attainment of the 8-hour
ozone NAAQS remain effective. The
June 8 decision left intact the Court’s
rejection of EPA’s reasons for
implementing the 8-hour standard in
certain nonattainment areas under
subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand
EPA’s revocation of the 1-hour standard
and those anti-backsliding provisions of
the Phase 1 Rule that had not been
successfully challenged. The June 8
decision reaffirmed the December 22,
2006 decision that EPA had improperly
failed to retain measures required for 1-
E:\FR\FM\14NOR1.SGM
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Federal Register / Vol. 72, No. 219 / Wednesday, November 14, 2007 / Rules and Regulations
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hour nonattainment areas under the
anti-backsliding provisions of the
regulations: (1) Nonattainment area New
Source Review (NSR) requirements
based on an area’s 1-hour nonattainment
classification; (2) Section 185 penalty
fees for the 1-hour severe or extreme
nonattainment areas; and (3) measures
to be implemented pursuant to section
172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making
reasonable further progress toward
attainment of the 1-hour NAAQS, or for
failure to attain NAAQS. In addition,
the June 8 decision clarified that the
Court’s reference to conformity
requirements for anti-backsliding
purposes was limited to requiring the
continued use of the 1-hour motor
vehicle emissions budgets until 8-hour
budgets were available for 8-hour
conformity determinations, which is
already required under EPA’s
conformity regulations. The Court thus
clarified the 1-hour conformity
determinations are not required for antibacksliding purposes.
For the reasons set forth in the
proposal, EPA does not believe that the
Court’s rulings alter any requirements
relevant to this redesignation action so
as to preclude redesignation, and do not
prevent EPA from finalizing this
redesignation. EPA believes that the
Court’s December 22, 2006 and June 8,
2007 decisions impose no impediment
to moving forward with redesignation of
this area to attainment, because even in
the light of the Court’s decisions,
redesignation is appropriate under the
relevant redesignation provisions of the
CAA and longstanding policies
regarding redesignation requests.
II. Final Action
EPA is approving the Commonwealth
of Pennsylvania’s redesignation request,
maintenance plan, and the 2002 base
year emissions inventory because the
requirements for approval have been
satisfied. EPA has evaluated
Pennsylvania’s redesignation request
that was submitted on June 12, 2007 and
determined that it meets the
redesignation criteria set forth in section
107(d)(3)(E) of the CAA. EPA believes
that the redesignation request and
monitoring data demonstrate that the
State College Area has attained the 8hour ozone standard. The final approval
of this redesignation request will change
the designation of the State College Area
from nonattainment to attainment for
the 8-hour ozone standard. EPA is
approving the maintenance plan for the
State College Area submitted on June
12, 2007 as a revision to the
Pennsylvania SIP. EPA is also approving
the MVEBs submitted by PADEP in
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63991
This final 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 affects the status of
a geographical area, does not impose
any new requirements on sources, or
allows the state to avoid adopting or
implementing other requirements, 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
ADEQUATE AND APPROVED MOTOR
VEHICLE EMISSIONS BUDGETS IN distribution of power and
responsibilities among the various
TONS PER DAY (TPD)
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
Budget year
NOX
VOC
August 10, 1999). This action merely
2009 ..................................
12.5
5.4 approves a state rule implementing a
2018 ..................................
6.0
3.7 Federal requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
The State College Area is subject to
in the CAA. This rule also is not subject
the CAA’s requirement for the basic
to Executive Order 13045 ‘‘Protection of
nonattainment areas until and unless it
Children from Environmental Health
is redesignated to attainment.
Risks and Safety Risks’’ (62 FR 19885,
III. Statutory and Executive Order
April 23, 1997), because it approves a
Reviews
state rule implementing a Federal
standard.
A. General Requirements
In reviewing SIP submissions, EPA(s
Under Executive Order 12866 (58 FR
role is to approve state choices,
51735, October 4, 1993), this action is
provided that they meet the criteria of
not a ‘‘significant regulatory action’’ and the CAA. In this context, in the absence
therefore is not subject to review by the
of a prior existing requirement for the
Office of Management and Budget. For
State to use voluntary consensus
this reason, this action is also not
standards (VCS), EPA has no authority
subject to Executive Order 13211,
to disapprove a SIP submission for
‘‘Actions Concerning Regulations That
failure to use VCS. It would thus be
Significantly Affect Energy Supply,
inconsistent with applicable law for
Distribution, or Use’’ (66 FR 28355, May EPA, when it reviews a SIP submission,
22, 2001). This action merely approves
to use VCS in place of a SIP submission
state law as meeting Federal
that otherwise satisfies the provisions of
requirements and imposes no additional the CAA. Redesignation is an action that
requirements beyond those imposed by
affects the status of a geographical area
state law. Redesignation is an action
and does not impose any new
that affects the status of a geographical
requirements on sources. Thus, the
area and does not impose any new
requirements of section 12(d) of the
regulatory requirements on sources.
National Technology Transfer and
Accordingly, the Administrator certifies Advancement Act of 1995 (15 U.S.C.
that this rule will not have a significant
272 note) do not apply. This rule does
economic impact on a substantial
not impose an information collection
number of small entities under the
burden under the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
Paperwork Reduction Act of 1995 (44
et seq.). Because this rule approves preU.S.C. 3501 et seq.).
existing requirements under state law
B. Submission to Congress and the
and does not impose any additional
Comptroller General
enforceable duty beyond that required
by state law, it does not contain any
The Congressional Review Act, 5
unfunded mandate or significantly or
U.S.C. 801 et seq., as added by the Small
uniquely affect small governments, as
Business Regulatory Enforcement
described in the Unfunded Mandates
Fairness Act of 1996, generally provides
Reform Act of 1995 (Public Law 104–4). that before a rule may take effect, the
conjunction with its redesignation
request. In addition, EPA is approving
the 2002 base year emissions inventory
submitted by PADEP on June 12, 2007
as a revision to the Pennsylvania SIP. In
this final rulemaking, EPA is notifying
the public that we have found that the
MVEBs for NOX and VOCs in the State
College Area for the 8-hour ozone
maintenance plan are adequate and
approved for conformity purposes. As a
result of our finding, the State College
Area must use the MVEBs from the
submitted 8-hour ozone maintenance
plan for future conformity
determinations. The adequate and
approved MVEBs are provided in the
following table:
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63992
Federal Register / Vol. 72, No. 219 / Wednesday, November 14, 2007 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 14, 2008. 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
*
*
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
40 CFR Part 52
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding an entry at
the end of the table to read as follows:
I
Environmental protection, Air
pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
§ 52.2020
*
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Applicable geographic
area
*
*
*
*
8-Hour Ozone Maintenance Plan and 2002 Base State College (Centre
Year Emissions Inventory.
County).
*
40 CFR parts 52 and 81 are amended
as follows:
I
List of Subjects
Name of non-regulatory SIP revision
*
Dated: November 1, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action,
approving the redesignation of the State
College Area to attainment for the 8hour ozone NAAQS, the associated
maintenance plan, the 2002 base year
emission inventory, and the MVEBs
identified in the maintenance plan, may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
*
06/12/07 .................
*
11/14/07 [Insert page
number where the document begins].
3. The authority citation for part 81
continues to read as follows:
Additional
explanation
*
entry for the State College, PA, Centre
County to read as follows:
I
I
*
EPA approval date
4. In § 81.339, the table entitled
‘‘Pennsylvania—Ozone (8-Hour
Standard)’’ is amended by revising the
PART 81—[AMENDED]
*
State submittal date
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(e) * * *
(1) * * *
§ 81.339
*
*
Pennsylvania.
*
*
*
PENNSYLVANIA—OZONE (8-HOUR STANDARD)
Designation a
Category/classification
Designated area
Date 1
*
*
*
*
State College, PA: Centre County .............................................................
*
*
*
12/14/07
Date 1
Type
*
Attainment.
*
Type
*
*
*
*
*
a Includes
Indian County located in each county or area, except otherwise noted.
1 This date is June 15, 2004, unless otherwise noted.
*
*
*
*
*
BILLING CODE 6560–50–P
ACTION:
SUMMARY: EPA issued an amendment
establishing tolerances for combined
residues of sethoxydim; 2-[1(ethoxyimino)butyl]-5-[2(ethylthio)propyl]-3-hydroxy-2cyclohexen-1-one; and its metabolites
containing the 2-cyclohexen-1-one
moiety (calculated as sethoxydim) in or
on buckwheat grain, buckwheat flour,
okra, borage seed, borage meal, fresh
rmajette on PROD1PC64 with RULES
[EPA–HQ–OPP–2006–0321; FRL–8153–5]
Sethoxydim; Pesticide Tolerance
Technical Amendment
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Aug<31>2005
14:53 Nov 13, 2007
Final rule; technical
amendment.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[FR Doc. E7–22042 Filed 11–13–07; 8:45 am]
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]]>Agencies
[Federal Register Volume 72, Number 219 (Wednesday, November 14, 2007)]
[Rules and Regulations]
[Pages 63990-63992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22042]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 81
[EPA-R03-OAR-2007-0533; FRL-8494-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Centre County (State College) 8-Hour
Ozone Nonattainment Area to Attainment and Approval of the Area's
Maintenance Plan and 2002 Base Year Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. The Pennsylvania
Department of Environmental Protection (PADEP) is requesting that the
Centre County ozone nonattainment area (State College Area) be
redesignated as attainment for the 8-hour ozone ambient air quality
standard (NAAQS). EPA is approving the ozone redesignation request for
the State College Area. In conjunction with its redesignation request,
PADEP submitted a SIP revision consisting of a maintenance plan for the
State College Area that provides for continued attainment of the 8-hour
ozone NAAQS for at least 10 years after redesignation. EPA is approving
the 8-hour maintenance plan. PADEP also submitted a 2002 base year
inventory for the State College Area which EPA is approving. In
addition, EPA is approving the adequacy determination for the motor
vehicle emission budgets (MVEBs) that are identified in the State
College Area maintenance plan for purposes of transportation
conformity, and is approving those MVEBs. EPA is approving the
redesignation request, and 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).
DATES: Effective Date: This final rule is effective on December 14,
2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0533. 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 Environment
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 11, 2007 (72 FR 51747), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR
proposed approval of Pennsylvania's redesignation request, a SIP
revision that establishes a maintenance plan for the State College Area
that provides for continued attainment of the 8-hour ozone NAAQS for at
least 10 years after redesignation, and a 2002 base year emissions
inventory. The formal SIP revisions were submitted by PADEP on June 12,
2007. Other specific requirements of Pennsylvania's redesignation
request SIP revision for the maintenance plan and the rationales for
EPA's proposed actions are explained in the NPR and will not be
restated here. No public comments were received on the NPR.
However, on December 22, 2006, the U.S. Court of Appeals for the
District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard. (69 FR 23591, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006). On June 8, 2007, in South Coast Air Quality Management Dist. v.
EPA, Docket No. 04-1201, in response to several petitions for
rehearing, the D.C. Circuit clarified that the Phase 1 Rule was vacated
only with regard to those parts of the rule that had been successfully
challenged. Therefore, the Phase 1 Rule provisions related to
classifications for areas currently classified under subpart 2 of Title
I, part D of the Act as 8-hour nonattainment areas, the 8-hour
attainment dates and the timing for emissions reductions needed for
attainment of the 8-hour ozone NAAQS remain effective. The June 8
decision left intact the Court's rejection of EPA's reasons for
implementing the 8-hour standard in certain nonattainment areas under
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let
stand EPA's revocation of the 1-hour standard and those anti-
backsliding provisions of the Phase 1 Rule that had not been
successfully challenged. The June 8 decision reaffirmed the December
22, 2006 decision that EPA had improperly failed to retain measures
required for 1-
[[Page 63991]]
hour nonattainment areas under the anti-backsliding provisions of the
regulations: (1) Nonattainment area New Source Review (NSR)
requirements based on an area's 1-hour nonattainment classification;
(2) Section 185 penalty fees for the 1-hour severe or extreme
nonattainment areas; and (3) measures to be implemented pursuant to
section 172(c)(9) or 182(c)(9) of the CAA, on the contingency of an
area not making reasonable further progress toward attainment of the 1-
hour NAAQS, or for failure to attain NAAQS. In addition, the June 8
decision clarified that the Court's reference to conformity
requirements for anti-backsliding purposes was limited to requiring the
continued use of the 1-hour motor vehicle emissions budgets until 8-
hour budgets were available for 8-hour conformity determinations, which
is already required under EPA's conformity regulations. The Court thus
clarified the 1-hour conformity determinations are not required for
anti-backsliding purposes.
For the reasons set forth in the proposal, EPA does not believe
that the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006 and June 8, 2007 decisions impose no
impediment to moving forward with redesignation of this area to
attainment, because even in the light of the Court's decisions,
redesignation is appropriate under the relevant redesignation
provisions of the CAA and longstanding policies regarding redesignation
requests.
II. Final Action
EPA is approving the Commonwealth of Pennsylvania's redesignation
request, maintenance plan, and the 2002 base year emissions inventory
because the requirements for approval have been satisfied. EPA has
evaluated Pennsylvania's redesignation request that was submitted on
June 12, 2007 and determined that it meets the redesignation criteria
set forth in section 107(d)(3)(E) of the CAA. EPA believes that the
redesignation request and monitoring data demonstrate that the State
College Area has attained the 8-hour ozone standard. The final approval
of this redesignation request will change the designation of the State
College Area from nonattainment to attainment for the 8-hour ozone
standard. EPA is approving the maintenance plan for the State College
Area submitted on June 12, 2007 as a revision to the Pennsylvania SIP.
EPA is also approving the MVEBs submitted by PADEP in conjunction with
its redesignation request. In addition, EPA is approving the 2002 base
year emissions inventory submitted by PADEP on June 12, 2007 as a
revision to the Pennsylvania SIP. In this final rulemaking, EPA is
notifying the public that we have found that the MVEBs for
NOX and VOCs in the State College Area for the 8-hour ozone
maintenance plan are adequate and approved for conformity purposes. As
a result of our finding, the State College Area must use the MVEBs from
the submitted 8-hour ozone maintenance plan for future conformity
determinations. The adequate and approved MVEBs are provided in the
following table:
Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
(TPD)
------------------------------------------------------------------------
Budget year NOX VOC
------------------------------------------------------------------------
2009.................................................. 12.5 5.4
2018.................................................. 6.0 3.7
------------------------------------------------------------------------
The State College Area is subject to the CAA's requirement for the
basic nonattainment areas until and unless it is redesignated to
attainment.
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.
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 governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This final 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 affects the status of
a geographical area, does not impose any new requirements on sources,
or allows the state to avoid adopting or implementing other
requirements, 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 CAA. 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 CAA. 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 CAA. 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
[[Page 63992]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 14, 2008. 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, approving the redesignation of the State College Area to
attainment for the 8-hour ozone NAAQS, the associated maintenance plan,
the 2002 base year emission inventory, and the MVEBs identified in the
maintenance plan, 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: November 1, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR parts 52 and 81 are 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 adding
an entry at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone Maintenance Plan State College 06/12/07.......... 11/14/07 [Insert ..................
and 2002 Base Year Emissions (Centre County). page number where
Inventory. the document
begins].
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.339, the table entitled ``Pennsylvania--Ozone (8-Hour
Standard)'' is amended by revising the entry for the State College, PA,
Centre County to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area --------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
State College, PA: Centre 12/14/07 Attainment.
County.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. E7-22042 Filed 11-13-07; 8:45 am]
BILLING CODE 6560-50-P
