ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[
EPA­
R03­
OAR­
2005­
0549;
FRL­
]

Approval
and
Promulgation
of
Air
Quality
Implementation
Plans;
Pennsylvania;
Additional
NOx
Emission
Reductions
to
Support
the
Philadelphia­
Trenton­
Wilmington
One­
Hour
Ozone
Nonattainment
Area,
and
Remaining
NOx
SIP
Call
Requirements
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Proposed
rule.

SUMMARY:
EPA
is
proposing
to
approve
State
Implementation
Plan
(
SIP)
revisions
submitted
by
the
Commonwealth
of
Pennsylvania.
These
revisions
pertain
to
additional
nitrogen
oxides
(
NOx)

reductions
that
are
required
for
the
Commonwealth
to
support
its
approved
attainment
demonstration
for
the
Philadelphia­
Trenton­
Wilmington
one­
hour
ozone
nonattainment
area
(
the
Philadelphia
Area);
NOx
reductions
from
stationary
internal
combustion
(
IC)
engines
required
to
meet
the
NOx
SIP
Call
Phase
II
(
Phase
II);
and
NOx
reductions
from
cement
kilns
to
meet
the
NOx
SIP
Call.
The
revisions
also
include
provisions
for
emission
credits
for
sources
that
generate
zeroemission
renewable
energy.
This
action
is
being
taken
under
the
Clean
Air
Act
(
CAA
or
the
Act).

DATES:
Written
comments
must
be
received
on
or
before
[
insert
date
30
days
from
date
of
publication].

FOR
FURTHER
INFORMATION
CONTACT:
Marilyn
Powers
(
215)
814­
2308,
or
by
e­
mail
at
powers.
marilyn@
epa.
gov.

ADDRESSES:
Submit
your
comments,
identified
by
Docket
ID
Number
EPA­
R03­
OAR­
2005­

0549
by
one
of
the
following
methods:

A.
www.
regulations.
gov.
Follow
the
on­
line
instructions
for
submitting
comments.
2
B.
E­
mail:
morris.
makeba@
epa.
gov
C.
Mail:
EPA­
R03­
OAR­
2005­
0549,
Makeba
Morris,
Chief,
Air
Quality
Planning
Branch,

Mailcode
3AP21,
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
2005­
0549.
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
website
is
an
A
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
3
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
Resources
Bureau
of
Air
Quality
Control,
P.
O.
Box
8468,
400
Market
Street,
Harrisburg,
Pennsylvania
17105.

SUPPLEMENTARY
INFORMATION:
On
March
29,
2005,
the
Pennsylvania
Department
of
Environmental
Protection
(
PADEP)
submitted
SIP
revisions
that
amended
Chapters
121,
129,
and
145
of
PADEP
=

s
air
quality
regulations
under
25
Pa.
Code
Article
III
(
Air
Resources).
Chapter
121
is
amended
to
include
new
definitions
associated
with
the
revisions
to
Chapters
129
and
145.

Chapter
129
is
amended
to
include
new
Sections
129.201
through
129.204,
which
establishes
ozone
season
NOx
emission
limits
for
certain
boilers,
turbines,
and
stationary
internal
combustion
engines
that
are
small
sources
of
NOx
in
Bucks,
Chester,
Delaware,
Montgomery,
and
Philadelphia
counties
(
the
five­
county
Southeast
Pennsylvania
Area).
Chapter
129
also
includes
new
Section
129.205,

which
allows
sources
subject
to
Section
129.201
through
129.203
to
get
emission
credits
for
generating
zero­
emission
renewable
energy.
Chapter
145
is
amended
to
establish
ozone
season
4
NOx
emission
limits
for
large
stationary
IC
engines
and
large
cement
kilns
to
satisfy
the
Commonwealth
=

s
remaining
statewide
obligations
under
the
NOx
SIP
Call
(
63
FR
57356,
October
27,
1998).
On
February
6,
2006,
PADEP
submitted
a
supplementary
letter
clarifying
certain
provisions
of
the
March
29,
2005
submission.

I.
Background
A.
Pennsylvania
=

s
Additional
NOx
Emission
Reduction
Requirements
for
the
Philadelphia
Area
Pennsylvania
=

s
approved
attainment
demonstration
for
the
Philadelphia
Area
included
commitments
for
additional
NOx
reductions,
see
64
FR
70428,
December
16,
1999
and
66
FR
54143,
October
26,
2001.
Revisions
to
Chapter
129
establish
additional
NOx
requirements
for
small
sources
of
NOx
in
the
five­
county
Southeast
Pennsylvania
area.
These
requirements
are
based,
in
part,
on
a
model
rule
developed
by
the
Ozone
Transport
Commission
(
OTC)
to
address
ozone
problems
in
the
Ozone
Transport
Region
(
OTR).

B.
Pennsylvania's
NOx
SIP
Call
Requirements
EPA
issued
the
NOx
SIP
Call
(
63
FR
57356,
October
27,
1998)
to
require
22
Eastern
states
and
the
District
of
Columbia
to
reduce
specified
amounts
of
one
of
the
main
precursors
of
ground­
level
ozone,
NOx,
in
order
to
reduce
interstate
ozone
transport.
EPA
found
that
the
sources
in
these
states
emit
NOx
in
amounts
that
contribute
significantly
to
nonattainment
of
the
1­
hour
ozone
national
ambient
air
quality
standard
(
NAAQS)
in
downwind
states.
In
the
NOx
SIP
Call,
the
amount
of
reductions
required
by
states
was
calculated
based
on
application
of
available,
highly
5
cost­
effective
controls
on
specific
source
categories
of
NOx.

The
NOx
SIP
Call,
including
the
Technical
Amendments
which
addressed
the
2007
electric
generating
units
(
EGU)
budgets
(
64
FR
26298,
May
14,
1999
and
65
FR
11222,
March
2,
2000),

was
challenged
by
a
number
of
state,
industry,
and
labor
groups.
A
summary
of
the
NOx
SIP
Call
requirements,
including
details
of
the
court
decisions
that
were
made
in
response
to
challenges
to
the
rule
and
impacts
of
the
court
decisions
on
certain
aspects
of
the
rule
may
be
found
in
EPA
=

s
rulemaking
dated
April
21,
2004
(
69
FR
21604)
entitled,
A
Interstate
Ozone
Transport:
Response
to
Court
Decisions
on
the
NOx
SIP
Call,
NOx
SIP
Call
Technical
Amendments,
and
Section
126
Rules.@
This
rulemaking
established
States
=

requirements
under
Phase
II
of
the
NOx
SIP
Call.
The
relevant
portions
of
the
April
21,
2004
rulemaking
that
affect
Pennsylvania
=

s
obligations
under
the
NOx
SIP
Call,
and
that
pertain
to
the
State
=

s
requirements
for
Phase
II,
are
discussed
in
this
document
to
provide
background
on
the
March
29,
2005
SIP
revision
submitted
by
the
PADEP.

On
March
3,
2000,
the
United
States
Court
of
Appeals
for
the
District
of
Columbia
Circuit
(
DC
Circuit)
issued
its
decision
on
the
NOx
SIP
Call.
Michigan
v.
EPA,
213
F.
3rd
663
(
DC
Dir.
2000).

While
the
DC
Circuit
ruled
largely
in
favor
of
EPA
in
support
of
its
requirements
under
the
1­
hour
ozone
NAAQS,
it
also
ruled,
in
part,
against
EPA
on
certain
issues.
The
rulings
against
EPA
included
two
areas
of
the
NOx
SIP
Call
that
were
remanded
and
vacated
and
two
areas
in
which
EPA
was
found
to
have
failed
to
provide
adequate
notice
of
changes
in
the
rule.
In
the
latter
case,

the
rulings
included
a
failure
to
provide
adequate
notice
of
the
change
in
the
definition
of
EGU
as
applied
to
cogeneration
(
cogen)
units
that
supply
electricity
to
a
utility
power
distribution
system
6
for
sale
in
certain
specified
amounts,
and
a
failure
to
provide
adequate
notice
of
the
change
in
the
control
level
EPA
assumed
for
large
stationary
internal
combustion
(
IC)
engines.
The
portions
of
the
NOx
SIP
Call
that
were
upheld
by
the
Court,
including
emission
reductions
associated
with
cement
manufacturing,
were
termed
A
Phase
I
@

of
the
rule.
With
the
exception
of
the
remand
of
the
EGU
growth
factors
used
in
the
NOx
SIP
Call
and
the
requirements
for
the
8­
hour
ozone
NAAQS
(
which
EPA
stayed
due
to
uncertainty
created
by
the
court
rulings),
those
portions
of
the
NOx
SIP
Call
that
had
been
remanded
back
to
EPA
were
finalized
in
the
April
21,
2004
rulemaking
(
69
FR
21604)
and
termed
A
Phase
II
@

of
the
rule.

The
Phase
II
rulemaking
of
April
21,
2004
finalized
specific
changes
to
the
definition
of
EGUs
as
applied
to
cogen
units,
finalized
the
control
levels
assumed
for
large
stationary
IC
engines
in
the
NOx
SIP
Call,
adjusted
states
=

total
budgets
downward
to
reflect
emission
reductions
based
upon
the
application
of
cost
effective
controls
on
stationary
IC
engines
that
emitted
more
than
153
tons
of
NOx
during
the
1995
ozone
season,
(
see
65
FR
1222,
March
2,
2000),
established
a
SIP
submittal
date
of
April
1,
2005
for
states
to
address
the
Phase
II
portion
of
the
budget,
and
set
a
compliance
date
of
May
1,
2007
for
affected
sources
to
meet
Phase
II.
This
rulemaking
established
an
incremental
amount
of
additional
NOx
reductions
for
each
state
based
upon
control
levels
of
82
percent
for
lean
burn
engines
and
90
percent
for
rich
burn,
diesel
and
dual
fuel
engines.

The
change
to
the
definition
of
cogen
units
did
not
have
an
impact
on
the
Phase
I
budget
previously
established
for
Pennsylvania.
Therefore,
in
order
to
meet
its
NOx
SIP
Call
Phase
II
obligations,
the
State
was
required
only
to
achieve
the
incremental
reductions
that
EPA
calculated
based
on
7
controlling
large,
stationary
IC
engines
to
the
prescribed
levels.

In
addition,
as
part
of
Phase
I,
cement
manufacturing
was
determined
to
be
one
of
the
source
categories
having
large
contributions
to
transported
emissions,
with
available,
highly
cost
effective
controls
that
can
achieve
NOx
reductions
of
30
percent.
Each
State
=

s
overall
NOx
budget
reflected
this
level
of
control
on
cement
kilns
that
emitted
more
than
153
tons
of
NOx
during
the
1995
ozone
season,
although
a
State
has
flexibility
regarding
which
sources
to
control
to
meet
the
reductions.

C.
Pennsylvania
=

s
remaining
obligations
under
the
NOx
SIP
Call
Pennsylvania
=

s
NOx
SIP
Call
Phase
I
trading
program
was
approved
as
part
of
the
Pennsylvania
SIP
on
August
21,
2001
(
66
FR
43795).
The
NOx
SIP
Call
reductions
associated
with
cement
manufacturing
facilities
and
stationary
internal
combustion
engines
were
not
addressed
in
that
rulemaking,
therefore
the
Commonwealth
was
required
to
submit
SIP
revisions
to
address
any
additional
emission
reductions
required
to
meet
its
overall
emissions
budget.

On
March
29,
2005,
the
Commonwealth
submitted
a
revision
to
its
SIP
to
satisfy
its
remaining
obligations
under
the
NOx
SIP
Call.
The
SIP
revision
requires
NOx
emission
reductions
from
large
internal
combustion
engines
and
large
cement
kilns
statewide.

II.
Summary
of
SIP
Revisions
A.
Pennsylvania's
Additional
NOx
Emission
Reductions
in
the
Philadelphia
Area
8
Amendments
to
Chapter
121
add
definitions
of
megawatt­
hour
(
MWH),
parts
per
million
dry
volume
(
ppmvd),
stationary
internal
combustion
engine,
tradable
renewable
certificate,
and
tradable
renewable
certificate
issuing
body.

Amendments
to
Chapter
129
are
additional
NOx
requirements
submitted
to
satisfy
the
Commonwealth
=

s
commitments
under
the
EPA­
approved
SIP
revision
for
the
Philadelphia
area.

These
NOx
requirements
establish
additional
emission
reductions
to
support
the
attainment
demonstration
for
the
Philadelphia
Area
(
64
FR
70428,
December
16,
1999
and
66
FR
54143,

October
26,
2001).
The
requirements
of
Chapter
129
are
based,
in
part,
on
the
model
rule
for
additional
NOx
control
measures
developed
by
the
Ozone
Transport
Commission
(
OTC),
of
which
Pennsylvania
is
a
member.
The
OTC
was
created
to
address
ozone
problems
in
the
Ozone
Transport
Region
(
OTR).

Chapter
129
establishes
ozone
season
(
May
1
through
September
30)
emission
limits
for
NOx
from
boilers
with
a
rated
capacity
of
greater
than
100
million
Btu/
hour
but
less
than
or
equal
to
250
million
Btu/
hour;
turbines
with
rated
capacity
of
greater
than
100
million
Btu/
hour;
and
stationary
internal
combustion
engines
rated
at
greater
than
1,000
horsepower
located
at
industrial,
utility
and
commercial
sites
in
the
five­
county
Southeast
Pennsylvania
area.
The
emission
limits
are
required
to
be
implemented
by
May
1,
2005
and
shall
comply
with
Section
129.204
(
relating
to
emission
accountability).

Chapter
129
does
not
affect
the
large
sources
that
are
regulated
under
Chapter
145,
Subchapter
B
9
(
relating
to
emissions
of
NOx
from
stationary
internal
combustion
engines)
and
does
not
apply
to
the
naval
marine
combustion
units
operated
by
the
United
States
Navy
for
the
purposes
of
testing
and
operational
training,
or
to
units
permitted
as
resource
recovery
facilities.
In
addition,
Chapter
129
establishes
methods
for
determining
NOx
allowable
emissions
for
certain
boilers,
stationary
combustion
turbines
and
stationary
internal
combustion
engines
(
relating
to
Sections
129.201
­

129.203).
The
owner
or
operator
of
a
unit
covered
by
these
sections
under
Chapter
129
must
calculate
the
difference
between
NOx
allowable
emissions
and
NOx
actual
emissions
under
Section
129.204.
Some
boilers
and
turbines
may
demonstrate
compliance
though
the
opt­
in
process
provisions
of
Sections
145.80
­
145.88.

The
regulation
states
that
an
owner
or
operator
may
apply
unused
allowable
emissions
to
its
other
facilities
in
the
state,
but
if
actual
emissions
exceed
allowable
emissions,
NOx
allowances
must
be
surrendered
to
the
State
by
November
1
of
each
year
starting
in
2005.
Failure
to
surrender
the
required
allowances
by
this
date
triggers
a
requirement
to
surrender
three
allowances
for
every
ton
of
excess
NOx
emitted.
These
small
NOx
sources
are
not
part
of
the
State's
NOx
Budget
Trading
Program,
do
not
receive
allowances
from
the
State's
NOx
budget,
and
must
therefore
secure
NOx
allowances
on
the
open
market.

Section
129.205
establishes
provisions
for
zero­
emission
renewable
energy
production
credits.
It
applies
in
the
five­
county
Southeast
Pennylvania
area
to
an
owner
or
operator
of
small
sources
of
NOx
who
generate
zero­
emission
renewable
energy.
An
owner
or
operator
may
deduct,
from
its
actual
emissions,
an
equivalent
amount
of
NOx
emissions
that
would
otherwise
be
emitted
from
10
thermal
energy
generated
by
conventional
means,
subject
to
conditions
stipulated
in
this
section,

which
the
owner
or
operator
must
certify
have
been
met.

For
each
ton
of
NOx
deducted
under
Section
129.205
(
i.
e.,
the
credit
for
zero­
emissions
renewable
energy
produced),
the
Commonwealth
will
retire
one
NOx
allowance
from
its
new
source
set­
aside
pool
(
under
its
NOx
Budget
Trading
Program)
for
the
subsequent
ozone
season.

B.
Pennsylvania's
emission
reductions
under
Phase
II
of
the
NOx
SIP
Call.

Chapter
145,
Interstate
Pollution
Transport
Reduction
Requirements
(
Pennsylvania's
approved
cap
and
trade
program
under
the
NOx
SIP
Call),
is
revised
by
adding
new
Subchapter
B,
which
establishes
statewide
ozone
season
NOx
emission
limits
for
large
stationary
IC
engines.
Subchapter
B,
entitled
Emissions
of
NOx
From
Stationary
Internal
Combustion
Engines,
applies
to
the
following
types
of
engines
that
emitted
153
tons
or
more
of
NOx
from
May
1
through
September
30
in
any
year
from
1995
through
2004.
As
of
May
1,
2005,
these
sources
must
comply
with
the
following
emission
limits
from
May
1
through
September
30
of
each
year:

(
1)
For
rich­
burn
stationary
internal
combustion
engines
having
an
engine
rating
equal
to
or
greater
than
2,400
brake
horsepower,
1.5
grams
NOx
per
brake
horsepower­
hour,

(
2)
For
lean
burn
stationary
internal
combustion
engines
having
an
engine
rating
equal
to
or
greater
than
2,400
brake
horsepower,
3.0
grams
per
brake
horsepower­
hour,
and
(
3)
For
diesel
stationary
internal
combustion
engines
with
an
engine
rating
equal
to
or
greater
than
3,000
brake
horsepower
and
for
dual­
fuel
stationary
internal
combustion
engines
with
an
engine
rating
equal
to
or
greater
than
4,400
brake
horsepower,
2.3
grams
NOx
per
brake
horsepower
11
hour.

These
emission
limits
are
consistent
with
the
control
levels
established
in
Phase
II,
and
achieve
the
incremental
reductions
required
from
this
source
category.

Subchapter
B
also
includes
definitions,
monitoring
requirements,
methods
for
calculating
actual
and
allowable
NOx
emissions,
and
includes
requirements
for
surrender
of
NOx
allowances
to
the
State
when
a
unit
has
excess
emissions.

C.
Emission
reductions
from
Cement
Manufacturing.

To
meet
NOx
SIP
Call
reductions
associated
with
cement
manufacturing,
Chapter
145
is
revised
by
adding
new
Subchapter
C,
which
establishes
NOx
emission
limits
for
cement
kilns
from
May
1
through
September
30
of
each
year,
starting
in
2005.
The
requirements
apply
statewide,
and
establish
an
emission
limit
of
6
pounds
of
NOx
per
ton
of
clinker
produced.
As
of
October
31,

2005,
it
applies
to
any
kiln
that
emitted
153
tons
or
more
of
NOx
from
May
1
through
September
30
in
any
year
from
1995
through
2004.
EPA
=

s
analysis
of
Pennsylvania
=

s
rule
showed
that
this
emission
level,
considered
together
with
the
shut
down
of
one
kiln
(
Kosmos)
and
the
emission
reductions
previously
required
on
certain
other
kilns,
meets
the
requirements
of
the
NOx
SIP
Call
(
see
Technical
Support
Document
for
a
detailed
discussion
and
analysis
of
emission
reductions
from
affected
cement
kilns
in
the
Commonwealth).
Subchapter
C
also
includes
applicability,
new
definitions,
standard
requirements
for
compliance
monitoring,
requirements
for
determining
allowable
and
actual
emissions,
and
includes
requirements
for
surrender
of
NOx
allowances
to
the
State
when
a
unit
has
excess
emissions.
12
III.
Proposed
Action
EPA
is
proposing
to
approve
the
SIP
revisions
submitted
by
the
Commonwealth
of
Pennsylvania
on
March
29,
2005,
and
supplemented
on
February
6,
2006.
EPA
=

s
review
of
the
submittal
indicates
that
the
revisions
to
Chapter
121,
addition
of
new
Sections
129.201
though
129.205
(
Additional
NOx
Requirements),
revision
of
Section
145.42
(
pertaining
to
accountability
of
NOx
credit
under
Section
129.205),
and
addition
of
Subchapters
B
and
C
to
Chapter
145
(
pertaining
to
the
State's
remaining
NOx
SIP
Call
obligations
for
IC
engines
and
cement
kilns,
respectively),
are
approvable.

These
revisions
strengthen
the
Pennsylvania
SIP.
EPA
is
soliciting
public
comments
on
the
issues
discussed
in
this
document.
These
comments
will
be
considered
before
taking
final
action.

IV.
Statutory
and
Executive
Order
Reviews
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
this
proposed
action
is
not
a
"
significant
regulatory
action"
and
therefore
is
not
subject
to
review
by
the
Office
of
Management
and
Budget.
For
this
reason,
this
action
is
also
not
subject
to
Executive
Order
13211,
"
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use"
(
66
Fed.

Reg.
28355
(
May
22,
2001)).
This
action
merely
proposes
to
approve
state
law
as
meeting
Federal
requirements
and
imposes
no
additional
requirements
beyond
those
imposed
by
state
law.

Accordingly,
the
Administrator
certifies
that
this
proposed
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
under
the
Regulatory
Flexibility
Act
(
5
U.
S.
C.
601
et
seq.).
Because
this
rule
proposes
to
approve
pre­
existing
requirements
under
state
law
and
does
not
impose
any
additional
enforceable
duty
beyond
that
required
by
state
law,
it
does
not
contain
13
any
unfunded
mandate
or
significantly
or
uniquely
affect
small
governments,
as
described
in
the
Unfunded
Mandates
Reform
Act
of
1995
(
Public
Law
104­
4).
This
proposed
rule
also
does
not
have
a
substantial
direct
effect
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
by
Executive
Order
13175
(
65
FR
67249,

November
9,
2000),
nor
will
it
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132
(
64
FR
43255,

August
10,
1999),
because
it
merely
proposes
to
approve
a
state
rule
implementing
a
Federal
requirement,
and
does
not
alter
the
relationship
or
the
distribution
of
power
and
responsibilities
established
in
the
Clean
Air
Act.
This
proposed
rule
also
is
not
subject
to
Executive
Order
13045
(
62
FR
19885,
April
23,
1997),
because
it
is
not
economically
significant.

In
reviewing
SIP
submissions,
EPA
=

s
role
is
to
approve
state
choices,
provided
that
they
meet
the
criteria
of
the
Clean
Air
Act.
In
this
context,
in
the
absence
of
a
prior
existing
requirement
for
the
State
to
use
voluntary
consensus
standards
(
VCS),
EPA
has
no
authority
to
disapprove
a
SIP
submission
for
failure
to
use
VCS.
It
would
thus
be
inconsistent
with
applicable
law
for
EPA,
when
it
reviews
a
SIP
submission,
to
use
VCS
in
place
of
a
SIP
submission
that
otherwise
satisfies
the
provisions
of
the
Clean
Air
Act.
Thus,
the
requirements
of
section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
15
U.
S.
C.
272
note)
do
not
apply.
As
required
by
section
3
of
Executive
Order
12988
(
61
FR
4729,
February
7,
1996),
in
issuing
this
proposed
rule,
EPA
has
taken
the
necessary
steps
to
eliminate
drafting
errors
and
ambiguity,
14
minimize
potential
litigation,
and
provide
a
clear
legal
standard
for
affected
conduct.
EPA
has
complied
with
Executive
Order
12630
(
53
FR
8859,
March
15,
1988)
by
examining
the
takings
implications
of
the
rule
in
accordance
with
the
A
Attorney
General
=

s
Supplemental
Guidelines
for
the
Evaluation
of
Risk
and
Avoidance
of
Unanticipated
Takings
@

issued
under
the
executive
order.

This
proposed
rule
to
approve
Pennsylvania
=

s
additional
NOx
emission
reductions
for
the
Philadelphia
Area
and
its
remaining
NOx
SIP
Call
requirements
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act
of
1995
(
44
U.
S.
C.
3501
et
seq.).

List
of
Subjects
in
40
CFR
Part
52
Environmental
protection,
Air
pollution
control,
Nitrogen
dioxide,
Ozone,
Reporting
and
recordkeeping
requirements.

Authority:
42
U.
S.
C.
7401
et
seq.

/
s/
_______________
____________________________
Dated:
July
6,
2006
William
T.
Wisniewski,
Acting
Regional
Administrator,
Region
III.
