Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Clean Vehicles Program, 3386-3389 [2012-1300]
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Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations
this rule imposes a new license
requirement to apply for any necessary
licenses. This correction makes no other
changes to the rule.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 742 and 774
Bernard Kritzer,
Director, Office of Exporter Services.
[Docket No. 110825537–2038–02]
[FR Doc. 2012–1229 Filed 1–23–12; 8:45 am]
RIN 0694–AF38
BILLING CODE 3510–33–P
Export and Reexport License
Requirements for Certain Microwave
and Millimeter Wave Electronic
Components: Correction
Bureau of Industry and
Security, Commerce.
ACTION: Final rule: Correction.
AGENCY:
40 CFR Part 52
[EPA–R03–OAR–2011–0605; FRL–9620–2]
This correction adds a
compliance date of February 9, 2012, to
a final rule published on January 9,
2012 (77 FR 1017). That final rule
imposed a license requirement on
exports and reexports to all destinations
other than Canada of two types of
microwave and millimeter wave
electronic components. The two
components are packaged high electron
mobility transistors and packaged
microwave ‘‘monolithic integrated
circuits’’ power amplifiers that meet
certain criteria with respect to frequency
range, size and output power. BIS is
publishing this correction to make sure
exporters and reexporters have
sufficient time to comply with the rule.
DATES: Effective date: January 24, 2012.
Compliance date: All exports and
reexports on or after February 9, 2012,
for which the rule published at 77 FR
1017, January 9, 2012, creates a new
license requirement must be in
compliance with the terms of that rule.
FOR FURTHER INFORMATION CONTACT:
William Arvin, Regulatory Policy
Division, Office of Exporter Services,
(202) 482–2440,
william.arvin@bis.doc.gov.
SUMMARY:
On
January 9, 2012, BIS published a final
rule imposing a license requirement on
exports and reexports to all destinations
other than Canada of two types of
microwave and millimeter wave
electronic components (77 FR 1017,
January 9, 2012, FR Doc. 2012–135). The
two components are packaged high
electron mobility transistors (HEMT)
and packaged microwave ‘‘monolithic
integrated circuits’’ (MMIC) power
amplifiers that meet certain criteria with
respect to frequency range, size and
output power. That rule was effective
upon publication and did not provide
for any delay in compliance. This
correction adds a compliance date of
February 9, 2012, to provide time for
exporters and reexporters upon whom
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SUPPLEMENTARY INFORMATION:
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ENVIRONMENTAL PROTECTION
AGENCY
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Clean Vehicles Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. This SIP revision
contains Pennsylvania’s Clean Vehicle
Program, which adopts California’s
second generation low emission vehicle
program for light-duty vehicles (LEV II).
The Clean Air Act (CAA) contains
specific authority allowing any state to
adopt new motor vehicle emissions
standards that are identical to
California’s standards in lieu of
applicable Federal standards.
Pennsylvania has adopted a Clean
Vehicle Program that incorporates by
reference provisions of California’s LEV
II rules and specifies a transition
mechanism for compliance with these
clean vehicle standards in
Pennsylvania. EPA is approving this SIP
revision, in accordance with the
requirements of the CAA, which will
help Pennsylvania to achieve and
maintain attainment of the National
Ambient Air Quality Standard (NAAQS)
for ozone.
DATES: Effective Date: This final rule is
effective on February 23, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0605. 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
SUMMARY:
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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:
Brian Rehn, (215) 814–2176, or by email
at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On November 4, 2011 (76 FR
68381), EPA published a notice of
proposed rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of
Pennsylvania’s Clean Vehicle Program
rule, in which the Commonwealth
adopted California’s Low Emission
Vehicle Program (California LEV), under
authority of section 177 of the CAA. The
formal SIP Clean Vehicle SIP revision
was submitted by Pennsylvania on May
31, 2007.
II. Summary of SIP Revision
Pennsylvania adopted its revised
Clean Vehicles Program rule and
published it as a final rule in December
9, 2006 edition of the Pennsylvania
Bulletin (36 Pa.B. 7424). The Clean
Vehicle Program rule was meant to
formalize cessation of Pennsylvania’s
participation of the National Low
Emission Vehicle (NLEV) program. The
Commonwealth had participated in the
NLEV program prior to implementation
by EPA of its second general Federal
motor vehicle emissions standards
under the 1990 CAA (i.e., Tier 2
standards). By model year 2006, Federal
Tier 2 standards had superseded prior
NLEV standards, except where states
had adopted California emission
standards as an alternative to Federal
emission standards, under authority
granted under section 177 of the CAA.
Pennsylvania had adopted California
LEV program as a ‘‘backstop’’ to its
NLEV program, to take effect upon the
expiration of the NLEV program.
Pennsylvania’s May 2007 Clean
Vehicles SIP revision reiterated the
Commonwealth’s participation in the
California LEV program, updated its
incorporation by reference to include
the most recent version of California’s
program, delayed the start date for the
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Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations
Pennsylvania Clean Vehicle Program
from model year 2006 to model year
2008 (leaving the Tier 2 Federal
standards as the compliance alternative
for the 2006–2008 model years), and
made changes to the Clean Vehicle
Program to reflect post-1998 changes
made by California and specified a 3year early credit earning period within
which vehicle manufacturers could
comply with the program’s fleet average
non-methane organic gases (NMOG)
requirements. For a more complete
summary and additional background
information on the Pennsylvania Clean
Vehicle program, refer to EPA’s NPR
published in the November 4, 2011
Federal Register.
Other specific requirements of the
Pennsylvania Clean Vehicle Program
and EPA’s rationale for our proposed
action are explained in the NPR and
will not be restated here. EPA received
one public comment on the NPR, which
was supportive of both Pennsylvania’s
adoption of and EPA’s approval of the
Clean Vehicle Program.
III. Final Action
EPA is approving the Clean Vehicle
Program as a revision to the
Pennsylvania SIP.
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IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. 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.);
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• 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 CAA; 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.
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 26, 2012. 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 the Pennsylvania Clean Vehicle
Program SIP 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: January 4, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
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
(c)(1) is amended by:
■ a. Revising the entry for Section 121.1.
■ b. Revising the entry for Section
126.401.
■ c. Removing the entry for Section
126.402.
■ d. Revising the entries for Sections
126.411, 126.412, and 126.413.
■ e. Revising the heading between
Sections 126.413 and 126.421.
■ f. Revising the entries for Sections
126.421, 126.422, 126.423, 126.424, and
126.425.
■ g. Revising the entries for Sections
126.431, 126.432, and 126.441.
■ h. Adding a new heading and entry for
Section 126.451.
The amendments read as follows:
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 CAA,
petitions for judicial review of this
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§ 52.2020
Identification of plan.
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(c) * * *
(1) * * *
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Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations
State citation
State
effective
date
Title/subject
Additional
explanation/
§ 52.2063 citation
EPA approval date
Title 25—Environmental Protection
Article III—Air Resources
Chapter 121—General Provisions
Section 121.1 ...........................
*
Definitions ...............................
*
12/9/06
*
1/24/12 [Insert page number
Adding definition of one term,
where the document begins].
revising definitions of four
terms, and removing definitions of five terms.
*
*
*
*
*
*
*
*
Chapter 126—Motor Vehicle and Fuels Programs
*
*
*
*
*
Subchapter D. Pennsylvania Clean Vehicles Program
General Provisions
Section 126.401 .......................
Purpose ..................................
12/9/06
1/24/12 [Insert page number
where the document begins].
Pennsylvania Clean Vehicles Program
Section 126.411 .......................
General requirements .............
12/9/06
Section 126.412 .......................
Emission requirements ...........
12/9/06
Section 126.413 .......................
Exemptions .............................
12/9/06
1/24/12 [Insert page number
where the document begins].
1/24/12 [Insert page number
where the document begins].
1/24/12 [Insert page number
where the document begins].
Applicable New Motor Vehicle Testing
Section 126.421 .......................
Exemptions .............................
12/9/06
Section 126.422 .......................
New motor vehicle compliance
testing.
Assembly line testing ..............
12/9/06
Section 126.423 .......................
Section 126.424 .......................
Section 126.425 .......................
In-use motor vehicle enforcement testing.
In-use surveillance testing ......
12/9/06
12/9/06
12/9/06
1/24/12 [Insert page number
where the document begins].
1/24/12 [Insert page number
where the document begins].
1/24/12 [Insert page number
where the document begins].
1/24/12 [Insert page number
where the document begins].
1/24/12 [Insert page number
where the document begins].
Motor Vehicle Manufacturers’ Obligations
Section 126.431 .......................
Warranty and recall ................
12/9/06
Section 126.432 .......................
Reporting requirements ..........
12/9/06
1/24/12 [Insert page number
where the document begins].
1/24/12 [Insert page number
where the document begins].
Motor Vehicle Dealer Responsibilities
Section 126.441 .......................
Responsibility of motor vehicle
dealers.
12/9/06
1/24/12 [Insert page number
where the document begins].
Department Responsibilities
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Section 126.451 .......................
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Responsibilities of the Department.
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12/9/06
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where the document begins].
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Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations
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[FR Doc. 2012–1300 Filed 1–23–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2011–0848; FRL–9620–6]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants, State of West
Virginia; Control of Emissions From
Existing Hospital/Medical/Infectious
Waste Incinerator Units, Plan Revision
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the West
Virginia hospital/medical/infectious
waste incinerator (HMIWI) Section
111(d)/129 plan (the ‘‘plan’’). The
revision contains a modified state rule
for solid waste combustion that was
updated as a result of the October 6,
2009 amendments to Federal Emission
Guidelines (EG) and New Source
Performance Standards (NSPS), 40 CFR
part 60, subparts Ce and Ec respectively.
While West Virginia’s revised regulation
contains requirements for various types
of solid waste incineration units, the
revisions and approval action relate
only to HMIWI units.
DATES: This rule is effective March 26,
2012 without further notice, unless EPA
receives adverse written comment by
February 23, 2012. If EPA receives
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0848 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: cox.kathleen@epa.gov.
C. Mail: EPA–R03–OAR–2011–0848,
Kathleen Cox, Associate Director, Office
of Permits and Air Toxics, Mailcode
3AP10, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted 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–2011–
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SUMMARY:
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0848. 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 email. 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 email
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
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 West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Mike Gordon, at (215) 814–2039, or by
email at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. Section 129 of the Clean Air Act
(CAA) requires EPA to establish
performance standards and emissions
guidelines for various types of new and
existing solid waste incineration units.
Section 129(b)(2) requires States to
submit to EPA for approval state plans
that implement and enforce the
promulgated EG. Section 129(b)(3)
requires EPA to promulgate a Federal
Plan (FP) within two years from the date
on which the EG, or revision, was
promulgated. The FP is applicable to
any affected facility if the state has
failed to receive EPA approval of the
state plan, or revision. The FP acts as an
enforcement place holder until the state
submits and receives EPA approval of
its plan. State plan submittals must be
consistent with the relevant emissions
guidelines, in this instance 40 CFR part
60, subpart Ce, and the requirements of
40 CFR part 60, subpart B and part 62,
subpart A. Section 129 of the CAA
regulates a mixture of air pollutants
including organics (dioxins/furans),
carbon monoxide, metals (cadmium,
lead, and mercury), acid gases
(hydrogen chloride, sulfur dioxide, and
nitrogen oxides) and particulate matter
(which includes opacity).
The initial West Virginia plan for
HMIWI units was approved by EPA on
June 13, 2000 (65 FR 37046). The plan
approval is codified in 40 CFR part 62,
subpart XX. On September 7, 2011, the
West Virginia Department of
Environmental Protection submitted to
EPA a formal Section 111(d)/129 plan
revision for HMIWI units. The
submitted plan revision was in response
to the October 6, 2009 amendments to
Federal EG and NSPS requirements for
HMIWI units, 40 CFR part 60, subparts
Ce and Ec, respectively (74 FR 51367).
This rulemaking action will supersede
EPA’s August 3, 2009 (74 FR 38348)
approval of West Virginia’s initial plan
revision. While the state rule revised by
this action, 45CSR18, contains
requirements for various types of solid
waste incineration units, the revision to
the plan by West Virginia and EPA’s
approval action relate only to HMIWI
units.
II. Summary of West Virginia’s HMIWI
Plan Revision
EPA has reviewed the West Virginia
HMIWI plan revision submittal in the
context of the requirements of 40 CFR
part 60, subparts B and Ce, as amended,
and part 62, subpart A. The submitted
plan revision meets all the cited
requirements and those as described in
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]]>Agencies
[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Rules and Regulations]
[Pages 3386-3389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1300]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0605; FRL-9620-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Clean Vehicles Program
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 SIP revision
contains Pennsylvania's Clean Vehicle Program, which adopts
California's second generation low emission vehicle program for light-
duty vehicles (LEV II). The Clean Air Act (CAA) contains specific
authority allowing any state to adopt new motor vehicle emissions
standards that are identical to California's standards in lieu of
applicable Federal standards. Pennsylvania has adopted a Clean Vehicle
Program that incorporates by reference provisions of California's LEV
II rules and specifies a transition mechanism for compliance with these
clean vehicle standards in Pennsylvania. EPA is approving this SIP
revision, in accordance with the requirements of the CAA, which will
help Pennsylvania to achieve and maintain attainment of the National
Ambient Air Quality Standard (NAAQS) for ozone.
DATES: Effective Date: This final rule is effective on February 23,
2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0605. 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: Brian Rehn, (215) 814-2176, or by
email at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On November 4, 2011 (76 FR 68381), EPA published a
notice of proposed rulemaking (NPR) for the Commonwealth of
Pennsylvania. The NPR proposed approval of Pennsylvania's Clean Vehicle
Program rule, in which the Commonwealth adopted California's Low
Emission Vehicle Program (California LEV), under authority of section
177 of the CAA. The formal SIP Clean Vehicle SIP revision was submitted
by Pennsylvania on May 31, 2007.
II. Summary of SIP Revision
Pennsylvania adopted its revised Clean Vehicles Program rule and
published it as a final rule in December 9, 2006 edition of the
Pennsylvania Bulletin (36 Pa.B. 7424). The Clean Vehicle Program rule
was meant to formalize cessation of Pennsylvania's participation of the
National Low Emission Vehicle (NLEV) program. The Commonwealth had
participated in the NLEV program prior to implementation by EPA of its
second general Federal motor vehicle emissions standards under the 1990
CAA (i.e., Tier 2 standards). By model year 2006, Federal Tier 2
standards had superseded prior NLEV standards, except where states had
adopted California emission standards as an alternative to Federal
emission standards, under authority granted under section 177 of the
CAA. Pennsylvania had adopted California LEV program as a ``backstop''
to its NLEV program, to take effect upon the expiration of the NLEV
program. Pennsylvania's May 2007 Clean Vehicles SIP revision reiterated
the Commonwealth's participation in the California LEV program, updated
its incorporation by reference to include the most recent version of
California's program, delayed the start date for the
[[Page 3387]]
Pennsylvania Clean Vehicle Program from model year 2006 to model year
2008 (leaving the Tier 2 Federal standards as the compliance
alternative for the 2006-2008 model years), and made changes to the
Clean Vehicle Program to reflect post-1998 changes made by California
and specified a 3-year early credit earning period within which vehicle
manufacturers could comply with the program's fleet average non-methane
organic gases (NMOG) requirements. For a more complete summary and
additional background information on the Pennsylvania Clean Vehicle
program, refer to EPA's NPR published in the November 4, 2011 Federal
Register.
Other specific requirements of the Pennsylvania Clean Vehicle
Program and EPA's rationale for our proposed action are explained in
the NPR and will not be restated here. EPA received one public comment
on the NPR, which was supportive of both Pennsylvania's adoption of and
EPA's approval of the Clean Vehicle Program.
III. Final Action
EPA is approving the Clean Vehicle Program as a revision to the
Pennsylvania SIP.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 26, 2012. 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 the Pennsylvania Clean Vehicle Program
SIP 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: January 4, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
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 (c)(1) is amended by:
0
a. Revising the entry for Section 121.1.
0
b. Revising the entry for Section 126.401.
0
c. Removing the entry for Section 126.402.
0
d. Revising the entries for Sections 126.411, 126.412, and 126.413.
0
e. Revising the heading between Sections 126.413 and 126.421.
0
f. Revising the entries for Sections 126.421, 126.422, 126.423,
126.424, and 126.425.
0
g. Revising the entries for Sections 126.431, 126.432, and 126.441.
0
h. Adding a new heading and entry for Section 126.451.
The amendments read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) * * *
[[Page 3388]]
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective EPA approval date explanation/ Sec.
date 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Title 25--Environmental Protection
Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
Chapter 121--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 121.1.................... Definitions......... 12/9/06 1/24/12 [Insert page Adding definition of
number where the one term, revising
document begins]. definitions of four
terms, and removing
definitions of five
terms.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 126--Motor Vehicle and Fuels Programs
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter D. Pennsylvania Clean Vehicles Program
----------------------------------------------------------------------------------------------------------------
General Provisions
----------------------------------------------------------------------------------------------------------------
Section 126.401.................. Purpose............. 12/9/06 1/24/12 [Insert page ....................
number where the
document begins].
----------------------------------------------------------------------------------------------------------------
Pennsylvania Clean Vehicles Program
----------------------------------------------------------------------------------------------------------------
Section 126.411.................. General requirements 12/9/06 1/24/12 [Insert page ....................
number where the
document begins].
Section 126.412.................. Emission 12/9/06 1/24/12 [Insert page ....................
requirements. number where the
document begins].
Section 126.413.................. Exemptions.......... 12/9/06 1/24/12 [Insert page
number where the
document begins].
----------------------------------------------------------------------------------------------------------------
Applicable New Motor Vehicle Testing
----------------------------------------------------------------------------------------------------------------
Section 126.421.................. Exemptions.......... 12/9/06 1/24/12 [Insert page ....................
number where the
document begins].
Section 126.422.................. New motor vehicle 12/9/06 1/24/12 [Insert page ....................
compliance testing. number where the
document begins].
Section 126.423.................. Assembly line 12/9/06 1/24/12 [Insert page ....................
testing. number where the
document begins].
Section 126.424.................. In-use motor vehicle 12/9/06 1/24/12 [Insert page ....................
enforcement testing. number where the
document begins].
Section 126.425.................. In-use surveillance 12/9/06 1/24/12 [Insert page ....................
testing. number where the
document begins].
----------------------------------------------------------------------------------------------------------------
Motor Vehicle Manufacturers' Obligations
----------------------------------------------------------------------------------------------------------------
Section 126.431.................. Warranty and recall. 12/9/06 1/24/12 [Insert page ....................
number where the
document begins].
Section 126.432.................. Reporting 12/9/06 1/24/12 [Insert page ....................
requirements. number where the
document begins].
----------------------------------------------------------------------------------------------------------------
Motor Vehicle Dealer Responsibilities
----------------------------------------------------------------------------------------------------------------
Section 126.441.................. Responsibility of 12/9/06 1/24/12 [Insert page ....................
motor vehicle number where the
dealers. document begins].
----------------------------------------------------------------------------------------------------------------
Department Responsibilities
----------------------------------------------------------------------------------------------------------------
Section 126.451.................. Responsibili ties of 12/9/06 1/24/12 [Insert page ....................
the Department. number where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 3389]]
* * * * *
[FR Doc. 2012-1300 Filed 1-23-12; 8:45 am]
BILLING CODE 6560-50-P
