	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:	Final rule.

SUMMARY:  EPA is approving State Implementation Plan (SIP) revisions
submitted by the Commonwealth of Pennsylvania.  These revisions pertain
to 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 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
zero-emission renewable energy.  The intended effect of this action is
to approve these revisions into the Pennsylvania SIP.  This action is
being taken under the Clean Air Act (CAA or the Act). 

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket
ID Number EPA-R03-OAR-2005-0549.  All documents in the docket are listed
in the www.regulations.gov website.   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
Resources Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

 

FOR FURTHER INFORMATION CONTACT:  Marilyn Powers, (215) 814-2308, or by

email at powers.marilyn@epa.gov.  

SUPPLEMENTARY INFORMATION:  

I.	Background	

On July 14, 2006 (71 FR 40048), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania.  The NPR proposed
approval of SIP revisions submitted by the Commonwealth on March 29,
2005, with a supplemental submittal on February 6, 2006.  

Summary of SIP Revision

The SIP revisions establish ozone season NOx emission limits for certain
existing and new boilers, turbines, and stationary internal combustion
engines that are small sources of NOx located in the Pennsylvania
portion of the Philadelphia Area.  This revision also establishes ozone
season NOx emission limits for large stationary internal combustion
engines and Portland cement kilns throughout the State.  Other specific
requirements of the SIP revisions and the rationale for EPA's proposed
action are explained in the NPR and will not be restated here.  No
public comments were received on the NPR.

III.	Final Action

EPA is approving the SIP revisions submitted by the Commonwealth of
Pennsylvania on March 29, 2005, with a supplemental submission on
February 6, 2006.  The revisions support the State’s attainment
demonstration for the Philadelphia Area SIP and satisfy its remaining
obligations under the NOx SIP Call.  

IV.   Statutory and Executive Order Reviews 

A.   General Requirements 

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 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 FR 28355, May 22, 2001).  This action merely approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Accordingly, the Administrator
certifies that this 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 approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
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 rule also does not have tribal implications
because it will 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).  This action also
does not have Federalism implications because it does not 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).  This
action merely approves 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 rule also is
not subject to Executive Order 13045 (Protection of Children from
Environmental Health Risks and Safety Risks( (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.  This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 rule 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.  This rule 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 [insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 ozone season NOx emission limits for small
sources of NOx in the Philadelphia Area and for large stationary
internal combustion engines and Portland cement kilns throughout the
State 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements.

                                                                        
                              /s/

_____________                                                         
___________________________    

Dated:   September 20, 2006  				Donald S. Welsh,                       
         								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 revising
entries for Title 25, Chapter121, Section 1 and Chapter 145, Section 42;
and by adding entries for Chapter 129, Sections 201 through 205, Chapter
145, Sections 111 through 113, and Chapter 145, Sections 141 through
143. The amendments read as follows:

	

( 52.2020  	Identification of plan.

* 	* 	* 	* 	*

(c) ***  	

(1) ***

State citation

	

Title/subject	

State effective date	

EPA approval date	

Additional

explanation/

( 52.2063 citation



	TITLE 25.  ENVIRONMENTAL PROTECTION

ARTICLE III.  AIR RESOURCES





*      *      *      *      *     *      *

CHAPTER 121. GENERAL PROVISIONS

Section 121.1

	Definitions	12/11/04	[Insert Federal Register publication date] [Insert
page number where the document begins]

	

*      *      *      *      *     *      *

CHAPTER 129.  STANDARDS FOR SOURCES 

*      *      *      *      *     *      *



ADDITIONAL NOx REQUIREMENTS

Section 129.201

	Boilers	12/11/04	[Insert Federal Register publication date] [Insert
page number where the document begins]

	Section 129.202	Stationary combustion turbines

	

12/11/04	[Insert Federal Register publication date] [Insert page number
where the document begins]

	

Section 129.203	

Stationary internal combustion engines	

12/11/04	[Insert Federal Register publication date] [Insert page number
where the document begins]	





Section 129.204	

Emission accountability	

12/11/04	

[Insert Federal Register publication date] [Insert page number where the
document begins]	



Section 129.205	Zero emission renewable energy production credit	

12/11/04	

[Insert Federal Register publication date] [Insert page number where the
document begins]	





*      *      *      *      *     *      *

CHAPTER 145.  INTERSTATE POLLUTION TRANSPORT REDUCTION



Subchapter A.	NOx  Budget Trading Program 





*      *      *      *      *     *      *

NOx Allowance Allocations

*      *      *      *      *     *      *



Section 145.42	

NOx allowance allocations	

12/11/04	

[Insert Federal Register publication date] [Insert page number where the
document begins]	





*      *      *      *      *     *      *

Subchapter B.  	Emissions of NOx From Stationary Internal Combustion
Engines





Section 145.111	

Applicability	

12/11/04	

[Insert Federal Register publication date] [Insert page number where the
document begins]	

New Section



Section 145.112	Definitions	

12/11/04	

[Insert Federal Register publication date] [Insert page number where the
document begins]	

New Section



Section 145.113	

Standard Requirements	

12/11/04	

[Insert Federal Register publication date] [Insert page number where the
document begins]	

New Section

Subchapter C.  	Emissions of NOx From Cement Manufacturing





Section 145.141	

Applicability	

12/11/04	

[Insert Federal Register publication date] [Insert page number where the
document begins]	

New Section



Section 145.142	

Definitions	

12/11/04	

[Insert Federal Register publication date] [Insert page number where the
document begins]	

New Section



Section 145.143	

Standard requirements	

12/11/04	

[Insert Federal Register publication date] [Insert page number where the
document begins]	

New Section



*      *      *      *      *     *      *



*    *   *   *    *	

	

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