Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2002 Base Year Inventory for the Pittsburgh-Beaver Valley 8-Hour Ozone Nonattainment Area, 67776-67778 [E8-27210]
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67776
Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Rules and Regulations
§ 7.11 Requirements for international
application originating from the United
States.
(a) * * *
(2) The name and entity of the
international applicant that is identical
to the name and entity of the applicant
or registrant in the basic application or
basic registration, and the applicant’s
current address;
*
*
*
*
*
■ 61. Revise § 7.14(e) to read as follows:
§ 7.14 Correcting irregularities in
international application.
the holder may file a petition to the
Director to review the examiner’s action.
The petition must be filed within six
months of the date of issuance of the
action maintaining the refusal, or the
Office will cancel the registration.
*
*
*
*
*
Dated: November 10, 2008.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. E8–27222 Filed 11–14–08; 8:45 am]
BILLING CODE 3510–16–P
*
*
*
*
*
(e) Procedure for response. To be
considered timely, a response must be
received by the International Bureau
before the end of the response period set
forth in the International Bureau’s
notice. Receipt in the Office does not
fulfill this requirement. Any response
submitted through the Office for
forwarding to the International Bureau
should be submitted as soon as possible,
but at least one month before the end of
the response period in the International
Bureau’s notice. The Office will not
process any response received in the
Office after the International Bureau’s
response deadline.
■ 62. Revise § 7.25(a) to read as follows:
§ 7.25 Sections of part 2 applicable to
extension of protection.
(a) Except for §§ 2.22–2.23, 2.130–
2.131, 2,160–2.166, 2.168, 2.173, and
2.181–2.186, all sections in parts 2, 10,
and 11 of this chapter shall apply to an
extension of protection of an
international registration to the United
States, including sections related to
proceedings before the Trademark Trial
and Appeal Board, unless otherwise
stated.
*
*
*
*
*
■ 63. Revise § 7.39(b) to read as follows:
§ 7.39 Acknowledgment of receipt of
affidavit or declaration of use in commerce
or excusable nonuse.
hsrobinson on PROD1PC76 with RULES
*
*
*
*
*
(b) A response to a refusal under
paragraph (a) of this section must be
filed within six months of the date of
issuance of the Office action, or before
the end of the filing period set forth in
section 71(a) of the Act, whichever is
later. The Office will cancel the
extension of protection if no response is
filed within this time period.
■ 64. Revise § 7.40(b) to read as follows:
§ 7.40 Petition to Director to review
refusal.
*
*
*
*
*
(b) If the examiner maintains the
refusal of the affidavit or declaration,
VerDate Aug<31>2005
17:35 Nov 14, 2008
Jkt 217001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–0453; FRL–8741–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; 2002 Base Year
Inventory for the Pittsburgh-Beaver
Valley 8-Hour Ozone Nonattainment
Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. This revision establishes
a 2002 base year inventory for the
Pittsburgh-Beaver Valley, Pennsylvania,
ozone nonattainment area (the
Pittsburgh Area). The intended effect of
this action is to approve a 2002 base
year inventory for the Pittsburgh Area.
This action is being taken under the
Clean Air Act.
DATES: Effective Date: This final rule is
effective on December 17, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0453. 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,
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
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:
Throughout this document whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
EPA.
I. Background
On July 11, 2007 (72 FR 37683), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania (the
July 11, 2007 NPR). The July 11, 2007
NPR proposed approval of a request
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) that the Pittsburgh Area be
redesignated as attainment for the 0.08
parts per million (ppm) 8-hour ozone
national ambient air quality standard
(NAAQS) that was promulgated on July
18, 1997 (62 FR 38856) (the ‘‘1997 8hour ozone NAAQS’’).1 The July 11,
2007 NPR proposed approval of a SIP
revision comprising a maintenance plan
for the Pittsburgh Area that provides for
continued attainment of the 1997 8-hour
ozone NAAQS for at least 10 years after
redesignation and the motor vehicle
emission budgets (MVEBs) that were
identified in this maintenance plan for
purposes of transportation conformity.
The July 11, 2007 NPR also proposed
approval of a 2002 base year inventory
for the Pittsburgh Area as a SIP revision.
The PADEP submitted the formal SIP
revisions and the request that the
Pittsburgh Area be redesignated to
attainment of the 1997 8-hour ozone
NAAQS (the ‘‘redesignation request’’)
on April 26, 2007.
On May 29, 2008, the PADEP
submitted a letter to formally withdraw
the redesignation request and the
maintenance plan SIP revision. On
August 1, 2008, PADEP affirmed that
the Commonwealth was not
withdrawing the 2002 base year
emissions inventory SIP revision
submitted on April 26, 2007, and
submitted an amended SIP revision
document which struck-out the
maintenance plan elements, leaving
only the 2002 base year emissions
inventory. The Commonwealth of
1 On March 27, 2008 (73 FR 16436), EPA revised
the level of the primary and secondary 8-hour
ozone NAAQS to 0.075 ppm, but the Pittsburgh area
has not been designated under this revision to the
NAAQS.
E:\FR\FM\17NOR1.SGM
17NOR1
Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Rules and Regulations
Pennsylvania has withdrawn the
redesignation request and the
maintenance plan SIP revision from our
consideration. In a separate action, we
are withdrawing our proposed actions
on the redesignation request and on the
maintenance plan and the MVEBs
identified therein.
As discussed in the July 11, 2007
NPR, we proposed to approve the 2002
base year emissions inventory for the
Pittsburgh Area to fulfill the inventory
requirements, as necessary, of both
section 172(c)(3) and section 182(a)(1) of
the Clean Air Act. See, 72 FR 37863 at
37688, July 11, 2007.
II. Summary of SIP Revision
The 2002 base year inventory
establishes a comprehensive inventory
67777
for both volatile organic compounds
(VOC), nitrogen oxides (NOX) and
carbon monoxide (CO) emissions in the
Pittsburgh Area, including point, area,
mobile on-road, and mobile non-road
sources for a base year of 2002. A
summary of the VOC and NOX
emissions in tons per year (tpy) and in
tons per day (tpd) by sector are
presented in Table 1.
TABLE 1—PITTSBURGH AREA 2002 BASE YEAR INVENTORY
VOC emissions
NOX emissions
CO emissions
Source sector
tpy
tpd
tpy
tpd
tpy
tpd
Point Sources ...................................................................
Nonpoint Sources ............................................................
Onroad Mobile Sources ...................................................
Nonroad Mobile Sources .................................................
6134.0
40162.6
29285.5
15193.1
16.5
100.3
86.4
51.5
92842.2
33052.2
493445.8
174583.3
250.4
11.5
173.9
86.1
50966.0
33052.2
493445.8
174583.3
134.5
61.6
630.1
1105.6
Total Emissions ........................................................
90775.2
254.7
793923.5
521.9
752047.3
1931.8
Other specific requirements for the
2002 base year inventory and the
rationale for EPA’s proposed action are
explained in the July 11, 2007 NPR and
will not be restated here. No public
comments were received on the July 11,
2007 NPR.
III. Final Action
EPA is approving the 2002 base year
inventory for the Pittsburgh Area as a
revision to the Pennsylvania SIP.
IV. Statutory and Executive Order
Reviews
hsrobinson on PROD1PC76 with RULES
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
• 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
VerDate Aug<31>2005
17:35 Nov 14, 2008
Jkt 217001
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.
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
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 January 16, 2009.
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 to
approve a 2002 base year inventory for
the Pittsburgh Area may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
E:\FR\FM\17NOR1.SGM
17NOR1
67778
Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Volatile organic
compounds.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
Nonattainment Area at the end of the
table to read as follows:
§ 52.2020
Dated: November 7, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
■
■
Subpart NN—Pennsylvania
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Part 404
RIN 1006–AA54
Reclamation Rural Water Supply
Program
Bureau of Reclamation,
Interior.
ACTION: Interim final rule.
hsrobinson on PROD1PC76 with RULES
AGENCY:
SUMMARY: Reclamation is issuing this
interim final rule to establish
programmatic criteria for the
Reclamation Rural Water Supply
Program (Rural Water Supply Program),
including criteria governing
prioritization, eligibility, and the
evaluation of appraisal investigations
and feasibility studies. Title I of the
Reclamation Rural Water Supply Act of
2006, Public Law 109–451 (Act),
authorized Reclamation to establish the
Rural Water Supply Program and
requires publication of programmatic
criteria in the Federal Register. This
rule is intended to define for potential
participants how the Rural Water
Supply Program authorized by the Act
will be administered.
DATES: This rule is effective December
17, 2008. Submit comments on the rule
by January 16, 2009. The incorporation
by reference of certain publications
listed in the rule is approved by the
Director of the Federal Register as of
December 17, 2008. This interim final
VerDate Aug<31>2005
State submittal
date
*
*
*
Pittsburgh-Beaver Valley Nonattainment Area:
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland counties.
[FR Doc. E8–27210 Filed 11–14–08; 8:45 am]
17:35 Nov 14, 2008
Jkt 217001
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding an entry for
the 2002 Base Year Emissions Inventory
for the Pittsburgh-Beaver Valley
Applicable geographic area
*
2002 Base Year Emissions Inventory.
*
Authority: 42 U.S.C. 7401 et seq.
40 CFR part 52 is amended as follows:
Name of non-regulatory
SIP revision
*
■
EPA approval date
*
4/26/07
*
11/17/08 [Insert page
number where the
document begins].
rule serves as a 60-day Federal Register
notice to the public allowing them to
comment on our information collection.
Comments on the information collection
must be received by January 16, 2009.
ADDRESSES: You may submit comments
on this rule, identified by the number
1006–AA54, by one of the following
methods:
—Use of the Federal rulemaking Web
site: https://www.regulations.gov.
Follow the instructions for submitting
comments. This rule has been
assigned Docket Identification
number BOR–2008–0002.
—By mail to: Bureau of Reclamation,
Denver Federal Center, P.O. Box
25007, Building 67, Denver, CO
80225, Attention: Avra Morgan, Mail
Code 84–52000. Please include the
number 1006–AA54 in your
correspondence.
The Office of Management and Budget
(OMB) has approved the information
collection requirements contained in
this rule under an emergency
submission. The assigned OMB control
number is 1006–0029. Please submit
comments on the information collection
to the Bureau of Reclamation, Attention:
Avra Morgan, P.O. Box 25007, Denver,
CO 80225 or by e-mail to
RuralWaterProgram@do.usbr.gov.
FOR FURTHER INFORMATION CONTACT:
Avra Morgan at 303–445–2906 or James
Hess at 202–513–0543.
SUPPLEMENTARY INFORMATION:
I. Background
The Rural Water Supply Program
Title I of the Act authorizes the
Secretary of the Interior (Secretary) to
create the Rural Water Supply Program
to address rural water needs in the
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
Additional explanation
*
Reclamation States. Authority and
responsibility for implementing the
provisions of the Act are delegated to
Reclamation. Reclamation’s rulemaking
will establish comprehensive criteria
and program requirements governing
the implementation of the Rural Water
Supply Program.
Reclamation has significant
experience in the development of rural
water projects. Since 1980, Congress has
directed Reclamation to undertake 10
specific rural water projects, and
Reclamation has a century of experience
developing and managing water
delivery systems in the West. However,
prior to the passage of the Act in 2006,
Reclamation did not have a formal rural
water program. The program to be
implemented by this rule will allow
Reclamation to be involved in planning
and prioritizing rural water projects to
ensure that the projects selected are
cost-effective and that they are in the
Federal interest.
The Act specifically authorizes the
Secretary to undertake the following
activities in implementing the Rural
Water Supply Program: (a) Investigate
opportunities to ensure safe and
adequate rural water supply projects for
domestic, municipal, and industrial use
in small communities and rural areas of
the Reclamation States; (b) plan the
design and construction of rural water
supply projects through the conduct of
appraisal investigations and feasibility
studies; and (c) oversee, as appropriate,
the construction of rural water supply
projects that are recommended for
construction by Reclamation in a
feasibility report developed under the
Rural Water Supply Program, and
subsequently authorized by Congress.
E:\FR\FM\17NOR1.SGM
17NOR1
]]>Agencies
[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Rules and Regulations]
[Pages 67776-67778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27210]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0453; FRL-8741-5]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; 2002 Base Year Inventory for the Pittsburgh-Beaver Valley
8-Hour Ozone Nonattainment 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. This revision
establishes a 2002 base year inventory for the Pittsburgh-Beaver
Valley, Pennsylvania, ozone nonattainment area (the Pittsburgh Area).
The intended effect of this action is to approve a 2002 base year
inventory for the Pittsburgh Area. This action is being taken under the
Clean Air Act.
DATES: Effective Date: This final rule is effective on December 17,
2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0453. 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: Throughout this document whenever ``we'',
``us'', or ``our'' is used, we mean EPA.
I. Background
On July 11, 2007 (72 FR 37683), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania (the July 11,
2007 NPR). The July 11, 2007 NPR proposed approval of a request
submitted by the Pennsylvania Department of Environmental Protection
(PADEP) that the Pittsburgh Area be redesignated as attainment for the
0.08 parts per million (ppm) 8-hour ozone national ambient air quality
standard (NAAQS) that was promulgated on July 18, 1997 (62 FR 38856)
(the ``1997 8-hour ozone NAAQS'').\1\ The July 11, 2007 NPR proposed
approval of a SIP revision comprising a maintenance plan for the
Pittsburgh Area that provides for continued attainment of the 1997 8-
hour ozone NAAQS for at least 10 years after redesignation and the
motor vehicle emission budgets (MVEBs) that were identified in this
maintenance plan for purposes of transportation conformity. The July
11, 2007 NPR also proposed approval of a 2002 base year inventory for
the Pittsburgh Area as a SIP revision.
---------------------------------------------------------------------------
\1\ On March 27, 2008 (73 FR 16436), EPA revised the level of
the primary and secondary 8-hour ozone NAAQS to 0.075 ppm, but the
Pittsburgh area has not been designated under this revision to the
NAAQS.
---------------------------------------------------------------------------
The PADEP submitted the formal SIP revisions and the request that
the Pittsburgh Area be redesignated to attainment of the 1997 8-hour
ozone NAAQS (the ``redesignation request'') on April 26, 2007.
On May 29, 2008, the PADEP submitted a letter to formally withdraw
the redesignation request and the maintenance plan SIP revision. On
August 1, 2008, PADEP affirmed that the Commonwealth was not
withdrawing the 2002 base year emissions inventory SIP revision
submitted on April 26, 2007, and submitted an amended SIP revision
document which struck-out the maintenance plan elements, leaving only
the 2002 base year emissions inventory. The Commonwealth of
[[Page 67777]]
Pennsylvania has withdrawn the redesignation request and the
maintenance plan SIP revision from our consideration. In a separate
action, we are withdrawing our proposed actions on the redesignation
request and on the maintenance plan and the MVEBs identified therein.
As discussed in the July 11, 2007 NPR, we proposed to approve the
2002 base year emissions inventory for the Pittsburgh Area to fulfill
the inventory requirements, as necessary, of both section 172(c)(3) and
section 182(a)(1) of the Clean Air Act. See, 72 FR 37863 at 37688, July
11, 2007.
II. Summary of SIP Revision
The 2002 base year inventory establishes a comprehensive inventory
for both volatile organic compounds (VOC), nitrogen oxides
(NOX) and carbon monoxide (CO) emissions in the Pittsburgh
Area, including point, area, mobile on-road, and mobile non-road
sources for a base year of 2002. A summary of the VOC and
NOX emissions in tons per year (tpy) and in tons per day
(tpd) by sector are presented in Table 1.
Table 1--Pittsburgh Area 2002 Base Year Inventory
----------------------------------------------------------------------------------------------------------------
VOC emissions NOX emissions CO emissions
Source sector -----------------------------------------------------------------------------
tpy tpd tpy tpd tpy tpd
----------------------------------------------------------------------------------------------------------------
Point Sources..................... 6134.0 16.5 92842.2 250.4 50966.0 134.5
Nonpoint Sources.................. 40162.6 100.3 33052.2 11.5 33052.2 61.6
Onroad Mobile Sources............. 29285.5 86.4 493445.8 173.9 493445.8 630.1
Nonroad Mobile Sources............ 15193.1 51.5 174583.3 86.1 174583.3 1105.6
-----------------------------------------------------------------------------
Total Emissions............... 90775.2 254.7 793923.5 521.9 752047.3 1931.8
----------------------------------------------------------------------------------------------------------------
Other specific requirements for the 2002 base year inventory and
the rationale for EPA's proposed action are explained in the July 11,
2007 NPR and will not be restated here. No public comments were
received on the July 11, 2007 NPR.
III. Final Action
EPA is approving the 2002 base year inventory for the Pittsburgh
Area as a revision to the Pennsylvania SIP.
IV. 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
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 January 16, 2009. 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 to approve a 2002 base year
inventory for the Pittsburgh Area may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
[[Page 67778]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Volatile organic compounds.
Dated: November 7, 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 2002 Base Year Emissions Inventory for the Pittsburgh-
Beaver Valley Nonattainment Area at the end of the table to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2002 Base Year Emissions Pittsburgh-Beaver 4/26/07 11/17/08 [Insert ..................
Inventory. Valley Nonattainment page number where
Area: Allegheny, the document
Armstrong, Beaver, begins].
Butler, Fayette,
Washington, and
Westmoreland counties.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E8-27210 Filed 11-14-08; 8:45 am]
BILLING CODE 6560-50-P
