Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revised Motor Vehicle Emission Budgets for the Scranton/Wilkes-Barre 8-Hour Ozone Maintenance Area, 40083-40085 [E9-18867]
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Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
List of Subjects
40 CFR Part 50
Environmental protection, Air
pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur oxides.
40 CFR Part 51
Air pollution control,
Intergovernmental relations, Ozone,
Particulate matter, Transportation,
Volatile organic compounds.
Authority: 42 U.S.C. 7409; 42 U.S.C. 7410;
42 U.S.C. 7511–7511f; 42 U.S.C. 7601(a)(1).
Dated: August 4, 2009.
Lisa P. Jackson,
Administrator.
[FR Doc. E9–19190 Filed 8–10–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0311; FRL–8941–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Revised Motor Vehicle
Emission Budgets for the Scranton/
Wilkes-Barre 8-Hour Ozone
Maintenance Area
jlentini on DSKJ8SOYB1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The revision amends the
8-hour ozone maintenance plan for the
Scranton/Wilkes-Barre Area 8-Hour
Ozone Maintenance Area (the Area).
This revision amends the maintenance
plan’s 2009 and 2018 motor vehicle
emissions budgets (MVEBs) by
unequally dividing the existing
approved MVEBs which covers the
entire maintenance area into three subregional MVEBs, one set of MVEBs for
each county comprising the area. The
revised plan continues to demonstrate
maintenance of the 8-hour national
ambient air quality standard (NAAQS)
for ozone. EPA is approving this SIP
revision to the Pennsylvania
maintenance plan for the Scranton/
Wilkes-Barre Area in accordance with
the requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on October
13, 2009 without further notice, unless
EPA receives adverse written comment
by September 10, 2009. If EPA receives
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such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2009–0311 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail: febbo.carol@epa.gov.
C. Mail: EPA–R03–OAR–2009–0311,
Carol Febbo, Chief, Energy, Radiation
and Indoor Environment Branch,
Mailcode 3AP23, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previously
listed EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2009–
0311. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an anonymous access system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
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40083
listed in the index, some information is
not publicly available, i.e., 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 in www.regulations.gov or
in hard copy 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, P.O.
Box 8468, 400 Market Street, Harrisburg,
Pennsylvania.
FOR FURTHER INFORMATION CONTACT:
Martin Kotsch, (215) 814–3335, or by
e-mail at kotsch.martin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background
II. Summary of Pennsylvania’s SIP Revision
and EPA’s Review
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On November 11, 2007 (72 FR 64948)
EPA redesignated the Scranton/WilkesBarre area of Pennsylvania to attainment
for the 8-hour ozone NAAQS. For this
area, the redesignation included
approval of an 8-hour ozone
maintenance plan, which identifies onroad MVEBs for Volatile Organic
Compounds (VOCs) and Nitrous Oxides
(NOX), which are ozone precursors,
which are then used for transportation
planning and conformity purposes.
There are three separate metropolitan
planning organizations (MPOs) in this
maintenance area—one for Lackawana
and Luzerne Counties, one for Monroe
County and one for Wyoming County,
with individual responsibility for doing
transportation conformity within their
respective planning boundaries within
the Area. Pennsylvania has unequally
divided the existing MVEBs and created
sub-regional MVEBs for each MPO to
better accommodate the transportation
planning and conformity processes
within the Area.
II. Summary of Pennsylvania’s SIP
Revision and EPA’s Review
On April 21, 2008, the State of
Pennsylvania submitted to EPA a formal
revision to its State Implementation
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Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
Plan (SIP). The SIP revision proposes
new MVEBs to reflect the reallocation of
the existing overall MVEBS for the
maintenance area. By reallocating the
MVEBs, the Pennsylvania Department of
Environmental Protection (PADEP) is
ensuring that transportation conformity
can be demonstrated in the Scranton/
Wilkes-Barre area. The April 21, 2008
submittal still ensures maintenance of
the NAAQS for ozone for the Scranton/
Wilkes-Barre area.
The following table lists the
previously approved MVEBs and the
proposed reallocation of the MVEBs into
sub-regional budgets for the Scranton/
Wilkes-Barre area.
SCRANTON/WILKES-BARRE AREA REALLOCATION OF THE MVEBS INTO SUB-REGIONAL BUDGETS
Current MVEBs in the approved maintenance plan—all counties
(tons/day)
2004 base
year
VOC .............................................................................................................................................
NOX ..............................................................................................................................................
31.6
66.1
2009
projection
25.2
48.3
2018
projection
16.9
23.7
Proposed MVEBs in the Revised Maintenance Plan
(tons/day) 1
2009 budget
2018 budget
Lackawana-Luzerne Counties
VOC .........................................................................................................................................................................
NOX ..........................................................................................................................................................................
17.99
34.58
11.8
16.7
6.19
12.16
4.64
6.36
0.99
1.54
0.54
0.68
Monroe County
VOC .........................................................................................................................................................................
NOX ..........................................................................................................................................................................
Wyoming County
VOC .........................................................................................................................................................................
NOX ..........................................................................................................................................................................
1 Due to rounding, some of the new reallocated budgets, if combined, are insignificantly different than the previously approved mobile budgets
for the entire area. This slight difference will still ensure maintenance of the 8-hour ozone attainment as the combined MVEBs are still lower than
the attainment year budgets.
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EPA is approving the 2009 and 2018
MVEBs for VOCs and NOX emissions
listed above in Table 1 as the new
MVEBs for transportation conformity
planning.
III. Final Action
EPA is approving Pennsylvania’s
April 21, 2008 SIP revision submittal
which amends the 8-hour ozone
maintenance plans for the Scranton/
Wilkes Barre area. This revision
unequally divides the previously
approved 2009 and 2018 MVEBs to
create sub-regional MVEBs for the two
counties comprising the area. EPA is
approving this SIP revision because the
April 21, 2008 submittal continues to
demonstrate maintenance of the 8-hour
ozone NAAQS with the aggregated subregional MVEBs. EPA is publishing this
rule without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comment, since no significant adverse
comments were received on the SIP
revision at the State level. However, in
the Proposed Rules section of today’s
Federal Register, EPA is publishing a
separate document that will serve as the
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proposal to approve the SIP revision if
adverse comments are filed. This rule
will be effective on October 13, 2009
without further notice unless EPA
receives adverse comment by September
10, 2009.
If EPA receives adverse comment,
EPA will publish a timely withdrawal in
the Federal Register informing the
public that the rule will not take effect.
EPA will address all public comments
in a subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time
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.
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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);
E:\FR\FM\11AUR1.SGM
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Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
• 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).
and address the comment in the
proposed rulemaking.
This action to approve the Scranton/
Wilkes-Barre revised maintenance plan
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2)).
C. Petitions for Judicial Review
Dated: July 28, 2009.
William C. Early,
Acting Regional Administrator, Region III.
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 October 13, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
Name of non-regulatory SIP revision
Applicable geographic area
*
*
8-Hour Ozone Maintenance Plan and
2002 Base Year Emissions Inventory.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by revising the entry
for the 8-Hour Ozone Maintenance Plan
and 2002 Base Year Emissions Inventory
for the Scranton/Wilkes Barre, PA Area
to read as follows:
■
§ 52.2020
*
State submittal date
*
*
Scranton/Wilkes-Barre Area: Lackawanna, Luzerne, Monroe and Wyoming Counties.
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
EPA approval date
*
*
*
*
*
*
*
[FR Doc. E9–18867 Filed 8–10–09; 8:45 am]
BILLING CODE 6560–50–P
*
*
11/14/07, 72 FR 64948.
4/21/08
*
*
6/12/07
8/11/09, [Insert page number where the document
begins].
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
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[EPA–HQ–SFUND–2005–0011; FRL–8942–6]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
AGENCY: Environmental Protection
Agency.
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Additional
explanation
*
*
*
ACTION: Direct final Notice of Deletion of
the Delilah Road Landfill, Superfund
Site from the National Priorities List.
SUMMARY: The Environmental Protection
Agency (EPA) Region 2 is publishing a
direct final Notice of Deletion of the
Delilah Road Landfill, Superfund Site
(Site), located in Egg Harbor Township,
New Jersey, from the National Priorities
List (NPL). The NPL, promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
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]]>Agencies
[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40083-40085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18867]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0311; FRL-8941-6]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revised Motor Vehicle Emission Budgets for the Scranton/
Wilkes-Barre 8-Hour Ozone Maintenance Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision amends the 8-hour ozone maintenance plan for
the Scranton/Wilkes-Barre Area 8-Hour Ozone Maintenance Area (the
Area). This revision amends the maintenance plan's 2009 and 2018 motor
vehicle emissions budgets (MVEBs) by unequally dividing the existing
approved MVEBs which covers the entire maintenance area into three sub-
regional MVEBs, one set of MVEBs for each county comprising the area.
The revised plan continues to demonstrate maintenance of the 8-hour
national ambient air quality standard (NAAQS) for ozone. EPA is
approving this SIP revision to the Pennsylvania maintenance plan for
the Scranton/Wilkes-Barre Area in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This rule is effective on October 13, 2009 without further
notice, unless EPA receives adverse written comment by September 10,
2009. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0311 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: febbo.carol@epa.gov.
C. Mail: EPA-R03-OAR-2009-0311, Carol Febbo, Chief, Energy,
Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0311. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an anonymous access system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through www.regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy 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, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania.
FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by
e-mail at kotsch.martin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'',
``us'', or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Summary of Pennsylvania's SIP Revision and EPA's Review
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On November 11, 2007 (72 FR 64948) EPA redesignated the Scranton/
Wilkes-Barre area of Pennsylvania to attainment for the 8-hour ozone
NAAQS. For this area, the redesignation included approval of an 8-hour
ozone maintenance plan, which identifies on-road MVEBs for Volatile
Organic Compounds (VOCs) and Nitrous Oxides (NOX), which are
ozone precursors, which are then used for transportation planning and
conformity purposes. There are three separate metropolitan planning
organizations (MPOs) in this maintenance area--one for Lackawana and
Luzerne Counties, one for Monroe County and one for Wyoming County,
with individual responsibility for doing transportation conformity
within their respective planning boundaries within the Area.
Pennsylvania has unequally divided the existing MVEBs and created sub-
regional MVEBs for each MPO to better accommodate the transportation
planning and conformity processes within the Area.
II. Summary of Pennsylvania's SIP Revision and EPA's Review
On April 21, 2008, the State of Pennsylvania submitted to EPA a
formal revision to its State Implementation
[[Page 40084]]
Plan (SIP). The SIP revision proposes new MVEBs to reflect the
reallocation of the existing overall MVEBS for the maintenance area. By
reallocating the MVEBs, the Pennsylvania Department of Environmental
Protection (PADEP) is ensuring that transportation conformity can be
demonstrated in the Scranton/Wilkes-Barre area. The April 21, 2008
submittal still ensures maintenance of the NAAQS for ozone for the
Scranton/Wilkes-Barre area.
The following table lists the previously approved MVEBs and the
proposed reallocation of the MVEBs into sub-regional budgets for the
Scranton/Wilkes-Barre area.
Scranton/Wilkes-Barre Area Reallocation of the MVEBs Into Sub-Regional Budgets
----------------------------------------------------------------------------------------------------------------
Current MVEBs in the approved maintenance plan--all counties (tons/day)
-----------------------------------------------------------------------------------------------------------------
2009 2018
2004 base year projection projection
----------------------------------------------------------------------------------------------------------------
VOC............................................................. 31.6 25.2 16.9
NOX............................................................. 66.1 48.3 23.7
----------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------
Proposed MVEBs in the Revised Maintenance Plan (tons/day) 1
-------------------------------------------------------------------------
2009 budget 2018 budget
------------------------------------------------------------------------
Lackawana-Luzerne Counties
------------------------------------------------------------------------
VOC..................................... 17.99 11.8
NOX..................................... 34.58 16.7
------------------------------------------------------------------------
Monroe County
------------------------------------------------------------------------
VOC..................................... 6.19 4.64
NOX..................................... 12.16 6.36
------------------------------------------------------------------------
Wyoming County
------------------------------------------------------------------------
VOC..................................... 0.99 0.54
NOX..................................... 1.54 0.68
------------------------------------------------------------------------
\1\ Due to rounding, some of the new reallocated budgets, if combined,
are insignificantly different than the previously approved mobile
budgets for the entire area. This slight difference will still ensure
maintenance of the 8-hour ozone attainment as the combined MVEBs are
still lower than the attainment year budgets.
EPA is approving the 2009 and 2018 MVEBs for VOCs and
NOX emissions listed above in Table 1 as the new MVEBs for
transportation conformity planning.
III. Final Action
EPA is approving Pennsylvania's April 21, 2008 SIP revision
submittal which amends the 8-hour ozone maintenance plans for the
Scranton/Wilkes Barre area. This revision unequally divides the
previously approved 2009 and 2018 MVEBs to create sub-regional MVEBs
for the two counties comprising the area. EPA is approving this SIP
revision because the April 21, 2008 submittal continues to demonstrate
maintenance of the 8-hour ozone NAAQS with the aggregated sub-regional
MVEBs. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment, since no significant adverse comments were received on
the SIP revision at the State level. However, in the Proposed Rules
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on October 13,
2009 without further notice unless EPA receives adverse comment by
September 10, 2009.
If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time
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 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);
[[Page 40085]]
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 October 13, 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking.
This action to approve the Scranton/Wilkes-Barre revised
maintenance plan 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 28, 2009.
William C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by
revising the entry for the 8-Hour Ozone Maintenance Plan and 2002 Base
Year Emissions Inventory for the Scranton/Wilkes Barre, PA Area to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP revision Applicable geographic submittal EPA approval date Additional
area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone Maintenance Plan and Scranton/Wilkes-Barre 6/12/07 11/14/07, 72 FR 64948.
2002 Base Year Emissions Inventory. Area: Lackawanna,
Luzerne, Monroe and
Wyoming Counties.
4/21/08 8/11/09, [Insert page
number where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E9-18867 Filed 8-10-09; 8:45 am]
BILLING CODE 6560-50-P
