Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for the Northumberland County Area, 41275-41277 [E8-16271]

Download as PDF 41275 Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Rules and Regulations not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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 action 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. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action 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 16, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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 maintenance plan and the 2002 baseyear inventory for the Lawrence County Area may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Applicable geographic area * * 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory. * Lawrence County ......................... * * * * * [FR Doc. E8–16273 Filed 7–17–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2008–0186; FRL–8693–3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for the Northumberland County Area Environmental Protection Agency (EPA). ACTION: Final rule. rwilkins on PROD1PC63 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) submitted a SIP revision consisting of a maintenance plan that provides for continued attainment of the 8-hour ozone national ambient air VerDate Aug<31>2005 17:09 Jul 17, 2008 Jkt 214001 State submittal date * 12/17/07 Frm 00041 Fmt 4700 Sfmt 4700 I 40 CFR part 52 is amended as follows: 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 2. In § 52.2020, the table in paragraph (e)(1) is amended by adding an entry for the 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for Lawrence County at the end of the table to read as follows: I * Identification of plan. * * (e) * * * (1) * * * EPA approval date * * 07/18/08 [Insert page number where the document begins]. quality standard (NAAQS) for at least 10 years after the April 30, 2004 designations, as well as a 2002 base-year inventory for the Northumberland County Area. EPA is approving the maintenance plan and the 2002 baseyear inventory for the Northumberland County Area as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). EFFECTIVE DATE: This final rule is effective on August 18, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2008–0186. 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 PO 00000 Dated: July 3, 2008. Donald S. Welsh, Regional Administrator, Region III. § 52.2020 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping Name of non-regulatory SIP revision requirements, Volatile organic compounds. * * Additional explanation * 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: Melissa Linden, (215) 814–2096, or by email at linden.melissa@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On May 27, 2008 (73 FR 30345), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed approval of Pennsylvania’s SIP revision that establishes a maintenance plan for the Northumberland County Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after designation, and a 2002 baseyear emissions inventory. The formal SIP revisions were submitted by PADEP E:\FR\FM\18JYR1.SGM 18JYR1 41276 Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Rules and Regulations on December 17, 2007. Other specific requirements of Pennsylvania’s SIP revision 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. II. Final Action EPA is approving the maintenance plan and the 2002 base-year inventory for the Northumberland County Area, submitted on December 17, 2007, as revisions to the Pennsylvania SIP. EPA is approving the maintenance plan and 2002 base-year inventory for the Northumberland County Area because it meets the requirements of section 110(a)(1) of the CAA. III. Statutory and Executive Order Reviews A. General Requirements rwilkins on PROD1PC63 with RULES Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described VerDate Aug<31>2005 16:19 Jul 17, 2008 Jkt 214001 in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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 action 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. A major rule cannot take effect until 60 days after it is published in the Federal Register. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 This action 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 16, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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 maintenance plan and the 2002 baseyear inventory for the Northumberland County Area 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, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 3, 2008. Donald S. Welsh, Regional Administrator, Region III. I 40 CFR part 52 is amended as follows: 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 2. In § 52.2020, the table in paragraph (e)(1) is amended by adding an entry for the 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for Northumberland County at the end of the table to read as follows: I § 52.2020 * Identification of plan. * * (e) * * * (1) * * * E:\FR\FM\18JYR1.SGM 18JYR1 * * 41277 Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Rules and Regulations Name of non-regulatory SIP revision Applicable geographic area * * 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory. * Northumberland County .............. * * * * * State submittal date * 12/17/07 EPA approval date * * 07/18/08 [Insert page number where the document begins]. Effective Date: This rule is effective on August 18, 2008. ADDRESSES: EPA has established docket number EPA–R09–OAR–2008–0313 for this action. The index to the docket is available electronically at https:// www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Wienke Tax, EPA Region IX, (520) 622– 1622, tax.wienke@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. DATES: [FR Doc. E8–16271 Filed 7–17–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2008–0313, FRL–8694–1] Revisions to the California State Implementation Plan; Pesticide Element; Ventura County Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: Under the Clean Air Act, EPA is approving a revision of the California State Implementation Plan submitted by the California Air Resources Board on November 30, 2007. The revision in part, and temporarily, relaxes a commitment to reduce emissions of volatile organic compounds in Ventura County caused by the application of pesticides. Table of Contents I. Summary of EPA’s Proposed Action Additional explanation * II. Public Comments and EPA Responses A. Comments on the Economic Consequences of EPA Action on the SIP Revision B. Comments on the Environmental Consequences of EPA Action on the SIP Revision C. Clean Air Act Section 110(l) Issues D. Comments on Technical Issue of Whether Reduction Is Based on Tonnage or Percentage Reductions E. Comment About the Opportunity to Comment F. Comments on Whether Best Available Control Technology (BACT) Can Achieve the Necessary Reductions III. EPA’s Final Action IV. Statutory and Executive Order Reviews I. Summary of EPA’s Proposed Action On April 23, 2008 (73 FR 21885), we proposed to approve a revision of the California State Implementation Plan (SIP) submitted by the California Air Resources Board (CARB) on November 30, 2007. Table 1 lists the revision we proposed to approve with the dates that it was revised and submitted by CARB. TABLE 1.—SUBMITTED SIP REVISION PROPOSED FOR FULL APPROVAL SIP revision Amended CARB ............. rwilkins on PROD1PC63 with RULES State agency Revised Proposed Revision to the Pesticide Element of the 1994 Ozone SIP for the Ventura County Nonattainment Area (August 13, 2007). November 30, 2007 .... CARB’s November 30, 2007 SIP revision submittal package includes the ‘‘Revised Proposed Revision to the Pesticide Element of the 1994 Ozone SIP for the Ventura County Nonattainment Area (August 13, 2007)’’ (‘‘Revised Pesticide Element for Ventura’’) as attachment 3 to Executive Order S–07– 003. As discussed in detail in our April 23, 2008, proposed rule, California adopted the original Pesticide Element to reduce volatile organic compounds (VOC) emissions resulting from the application of agricultural and structural pesticides in certain ozone nonattainment areas and included the Pesticide Element in the 1994 Ozone SIP. Under the original Pesticide Element, for the Ventura County nonattainment area (Ventura), the California Department of Pesticide Regulation (DPR) committed to adopt VerDate Aug<31>2005 17:09 Jul 17, 2008 Jkt 214001 and submit to EPA by June 15, 1997, any regulations necessary to reduce VOC emissions from agricultural and structural pesticides by 20 percent of the 1990 base year emissions by 2005. California further defined DPR’s commitment in Ventura under the Pesticide Element in terms of VOC emissions reductions of 2.4 tons per day by 2005.1 See 62 FR 1150, at 1169–1170 and at 1187 (January 8, 1997); and 40 CFR 52.220(c)(204)(i)(A)(6) and 52.220(c)(236). In 1997, we approved the 1994 Ozone SIP, including the Pesticide Element. See 62 FR 1150, at 1169–1170 (January 8, 1997). In today’s 1 Tonnage commitment is 2.37 tons per day per letter dated June 13, 1996, from James D. Boyd to David Howekamp, including ‘‘Corrections to State and Local Measures’’ (Attachment A) and ‘‘Summary Emission Reduction Spreadsheets’’ (Attachment C). PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 Submitted November 30, 2007. action, we are approving a revision by the State of California to the Pesticide Element for Ventura County. In our April 23, 2008, proposed rule, we also described the replacement of the 1-hour ozone national ambient air quality standard (NAAQS), for which the 1994 Ozone SIP (and related original Pesticide Element) was developed, with the current 8-hour ozone NAAQS. Further, we noted that California had requested a change in classification, with respect to the 8-hour NAAQS for the Ventura County nonattainment area from ‘‘moderate’’ to ‘‘serious’’ with a new attainment date of June 15, 2013. We also indicated that we had reviewed the subject SIP revision assuming the ‘‘serious’’ classification in anticipation of our approval of the State’s request. We have now approved the State’s E:\FR\FM\18JYR1.SGM 18JYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Rules and Regulations]
[Pages 41275-41277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16271]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0186; FRL-8693-3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002
Base-Year Inventory for the Northumberland County Area

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) submitted a SIP revision
consisting of a maintenance plan that provides for continued attainment
of the 8-hour ozone national ambient air quality standard (NAAQS) for
at least 10 years after the April 30, 2004 designations, as well as a
2002 base-year inventory for the Northumberland County Area. EPA is
approving the maintenance plan and the 2002 base-year inventory for the
Northumberland County Area as revisions to the Pennsylvania SIP in
accordance with the requirements of the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is effective on August 18, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0186. 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: Melissa Linden, (215) 814-2096, or by
e-mail at linden.melissa@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On May 27, 2008 (73 FR 30345), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval of Pennsylvania's SIP revision that establishes a maintenance
plan for the Northumberland County Area that provides for continued
attainment of the 8-hour ozone NAAQS for at least 10 years after
designation, and a 2002 base-year emissions inventory. The formal SIP
revisions were submitted by PADEP

[[Page 41276]]

on December 17, 2007. Other specific requirements of Pennsylvania's SIP
revision 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.

II. Final Action

EPA is approving the maintenance plan and the 2002 base-year
inventory for the Northumberland County Area, submitted on December 17,
2007, as revisions to the Pennsylvania SIP. EPA is approving the
maintenance plan and 2002 base-year inventory for the Northumberland
County Area because it meets the requirements of section 110(a)(1) of
the CAA.

III. Statutory and Executive Order Reviews

A. General Requirements

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

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 action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action 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 16, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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 maintenance plan and the 2002 base-year
inventory for the Northumberland County Area 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

Dated: July 3, 2008.
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 adding
an entry for the 8-Hour Ozone Maintenance Plan and 2002 Base-Year
Inventory for Northumberland County at the end of the table to read as
follows:

Sec. 52.2020 Identification of plan.

* * * * *
(e) * * *
(1) * * *

[[Page 41277]]

--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State
revision area submittal date EPA approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
8-Hour Ozone Maintenance Plan and Northumberland County 12/17/07 07/18/08 [Insert page number where the
2002 Base-Year Inventory. document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E8-16271 Filed 7-17-08; 8:45 am]
BILLING CODE 6560-50-P

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