ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0174; FRL-     ] 

Technical Amendments to Approval and Promulgation of Air Quality
Implementation Plans; Pennsylvania; Correction of Effective Date Under
Congressional Review Act 

AGENCY:  Environmental Protection Agency (EPA).

ACTION:   Final rule; correction of effective date under Congressional
Review Act.

SUMMARY:  On July 25, 2007 (72 FR 40746), the EPA published in the
Federal Register a final rule that approved a request that the Franklin
County nonattainment area (“Franklin County Area” or “Area”) be
redesignated as attainment for the 8-hour ozone national ambient air
quality standard (NAAQS) and that approved the maintenance plan and the
2002 base-year emissions inventory as revisions to the Pennsylvania SIP
in accordance with the requirements of the Clean Air Act (CAA).  That
July 25, 2007 final rule established an effective date of July 25, 2007.
 This document corrects the effective date of the rule to July 27, 2007
to be consistent with sections 801 and 808 of the Congressional Review
Act, enacted as part of the Small Business Regulatory Enforcement
Fairness Act, 5 U.S.C. 801 and 808.

EFFECTIVE DATE:  This rule is effective on [insert date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0174.  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
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

 

FOR FURTHER INFORMATION CONTACT:  Christopher Cripps, (215) 814-2179, or
by e-mail at   HYPERLINK "mailto:cripps.christopher@epa.gov" 
cripps.christopher@epa.gov .

SUPPLEMENTARY INFORMATION:  

I.  Background

Section 801 of the Congressional review Act precludes a rule from taking
effect until the agency promulgating the rule submits a rule report,
which includes a copy of the rule, to each House of Congress and to the
Comptroller General of the Government Accountability Office (GAO). 
After publication of the July 25, 2007 final rule (72 FR 40746) EPA
discovered that it had inadvertently failed to submit the above rule as
required; thus, although the rule was promulgated on July 25, 2007 (72
FR 40746), by operation of law, the rule did not take effect on July 25,
2007, as stated therein.  After EPA discovered this error, EPA complied
with its obligations under the Congressional Review Act by submitting
the rule to both Houses of Congress and the GAO on July 27, 2007.  This
document corrects certain dates displayed in 40 CFR Parts 52 and 81 to
reflect the date on which EPA satisfied the procedural requirements of
the Congressional Review Act.

Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B),
provides that, when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary or contrary to the
public interest, an agency may issue a rule without providing notice and
an opportunity for public comment.  EPA has determined that there is
good cause for making today's rule final without prior proposal and
opportunity for comment because EPA merely is memorializing in this
action that EPA’s compliance with the congressional review
requirements of the Congressional review Act, has as a matter of law,
changed the effective date of the July 25, 2007 action, and EPA has no
discretion in this matter.  Thus, notice and public procedure are
unnecessary.  The Agency finds that this constitutes good cause under 5
U.S.C. 553(b)(B).  Moreover, because today's action does not create any
new regulatory requirements and the submittal of the rule to Congress
has, by operation of law, changed the effective date of the July 25,
2007 rule to July 27, which this action merely memorializes, EPA finds
that good cause exists to provide for an immediate effective date
pursuant to 5 U.S.C. 553(d)(3).  Because the delay in the effective date
was caused by EPA's inadvertent failure to submit the rule under the
Congressional Review Act, EPA does not believe that affected entities
that acted in good faith relying upon the effective date stated in the
July 25, 2007, Federal Register should be penalized if they were
complying with the rule as promulgated.

II.  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.  Redesignation of an area to
attainment under section 107(d)(3)(e) of the Clean Air Act does not
impose any new requirements on small entities.  Redesignation is an
action that affects the status of a geographical area and does not
impose any new regulatory requirements on sources.  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). 
Because this action allows the state to avoid adopting or implementing
other requirements, affects the status of a geographical area, or does
not impose any new requirements on sources, 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 approves a state rule implementing a Federal standard.


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.  Redesignation is an
action that affects the status of a geographical area and does not
impose any new requirements on sources.  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

This final rule only amends the effective date of the underlying rule as
promulgated on July 25, 2007 (72 FR 40746); it does not amend any
substantive requirements contained in the rule.  Accordingly, to the
extent it is available, judicial review of today’s final rule is
limited to the amended effective date.  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 amending consistent with the provisions of the
Congressional Review Act the effective date of the July 25, 2007 (72 FR
40746) rule approving the redesignation of the Franklin County Area to
attainment for the 8-hour ozone NAAQS, the associated maintenance plan,
the 2002 base-year emissions inventory, and the MVEBs identified in the
maintenance plan, may not be challenged later in proceedings to enforce
its requirements.  

List of Subjects 

40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

40 CFR Part 81

Air Pollution Control, National Parks, Wilderness Areas.

                                                                        
                              /s/

_________________                   		           
__________________________

Dated:    September 14, 2007 				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 (e)(1) is amended by revising
the entry for the 8-hour Ozone  Maintenance Plan and the 2002 Base Year
Emissions Inventory for the Franklin County, Pennsylvania Area to read
as follows:

§ 52.2020	Identification of plan.

*	*	*	*	*

(e) ***

(1) * * *

Name of non-regulatory SIP revision	Applicable

Geographic area	State submittal

Date	EPA approval

date	Additional

explanation

*           *               *            *               *           *  
          *

8-Hour Ozone Maintenance Plan and 2002 Base Year Emissions Inventory
Franklin County Area (Franklin County)	9/20/06

11/08/06	7/25/07

72 FR 40746	The SIP effective date is 7/27/07.

*           *               *            *               *           *  
          *



3.  Section 52.2037 is amended by revising paragraph (m) to read:

(m)  Determination--EPA has determined that, as of July 27, 2007, the
Franklin County ozone nonattainment area has attained the 1-hour ozone
standard and that the following requirements of section 172(c)(2) of the
Clean Air Act do not apply to this area for so long as the area does not
monitor any violations of the 1-hour ozone standard of 40 CFR 50.9:  the
attainment demonstration and reasonably available control measure
requirements of section 172(b)(1), the reasonable further progress
requirement of section 172(b)(2), and the related contingency
requirements of section 172(c)(9).  If a violation of the 1-hour ozone
NAAQS is monitored in the Franklin County 1-hour ozone nonattainment
area, these determinations shall no longer apply.  

PART 81- [AMENDED]

The authority citation for Part 81 continues to read as follows:  

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

In §81.339, the table entitled “Pennsylvania- Ozone (8-Hour
Standard)” is amended by revising the entry for the Franklin County,
PA Area to read as follows:

§81.339                    Pennsylvania

*          *          *          *          *

Pennsylvania – Ozone (8-Hour Standard)

Designated Area	Designationa	Category/Classification

	Date1	Type	Date1	Type

*           *           *           *           *           *          
*

Franklin Co., PA:

Franklin County	July 27, 2007	Attainment



*           *           *           *           *           *          
*



aIncludes Indian County located in each county or area, except otherwise
noted.

1This date is June 15, 2004, unless otherwise noted.

*           *           *           *           *

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