Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Oxygenated Gasoline Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA26-1-6221; FRL-5004-3]

Approval and Promulgation of Air Quality Implementation Plans;

Commonwealth of Pennsylvania; Oxygenated Gasoline Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the Commonwealth of Pennsylvania. This revision

establishes and requires the implementation of an oxygenated gasoline

program in the Pennsylvania portion of the Philadelphia Consolidated

Metropolitan Statistical Area (CMSA). This SIP revision was submitted

to satisfy the Clean Air Act Amendments of 1990 (the Act) which

requires all carbon monoxide nonattainment areas with a design value of

9.5 part per million (ppm) or greater based generally on 1988 and 1989

air quality monitoring data to implement an oxygenated gasoline

program. The intended effect of this action is to approve the

oxygenated gasoline program. This action is being taken under section

110 of the Clean Air Act.

EFFECTIVE DATE: This rule will become effective on August 22, 1994.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

Air, Radiation, and Toxics Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107; Air and Radiation Docket and Information Center, U.S.

Environmental Protection Agency, 401 M Street SW., Washington, DC

20460; and Pennsylvania Department of Environmental Resources Bureau of

Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Mrs. Kelly L. Bunker, (215) 597-4554.

SUPPLEMENTARY INFORMATION: On November 29, 1993 (58 FR 62563), EPA

published a Notice of Proposed Rulemaking (NPR) for the Commonwealth of

Pennsylvania. The NPR proposed approval of an oxygenated gasoline

program. The formal SIP revision was submitted by the Commonwealth of

Pennsylvania on November 12, 1992. The revision included revisions to

25 PA Code Chapter 121, General Provisions, section 121.1 Definitions,

and the additions of section 126.1 Oxygenate Content of Gasoline to 25

PA Code Chapter 126, Standards for Motor Fuels. These regulatory

revisions were adopted by the Commonwealth on June 16, 1992 and became

effective on August 29, 1992. On February 16, 1993, an amendment to the

November 12, 1992 SIP revision was officially submitted to EPA. The

amendment corrected a typographical error in 25 PA Code Chapter 121,

section 121.1 in the definition of ``oxygenated gasoline''. The

corrected version of the definition was effective on October 24, 1992.

A more detailed analysis of the state submittal was prepared as part of

the NPR action and is contained in a Technical Support Document (TSD)

dated June 15, 1993, which is available from the Region III office

listed in the ADDRESSES section of this notice.

Public comments were received from one group on the NPR. The

American Institute of Certified Public Accountants (AICPA) submitted

comments on December 29, 1993 which related to the attest

engagement1 requirements. A copy of the AICPA's comments can be

found in the Pennsylvania oxygenated gasoline program SIP docket file

which is available from the Region III office listed in the ADDRESSES

section of this notice.

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\1\Attestation engagements are performed by a certified public

accountant or firm of certified public accountants. Attestation

engagements are a review of the regulated parties records to assure

accuracy. It serves as a means of improving compliance with the

oxygenated gasoline program by identifying problem areas to the

regulated parties.

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The AICPA had four comments on the NPR which are summarized as

follows:

(1) The Pennsylvania regulations require the attest engagement

report to be submitted within 60 days following the end of the control

period and AICPA suggested that the filing deadline be extended to 120

days to be consistent with EPA guidelines;

(2) Pennsylvania regulations require attest engagements for both

averaging and per gallon information, AICPA believes this is

inconsistent with EPA guidelines;

(3) AICPA believes that Pennsylvania's implementation guidelines

requirement that Certified Public Accountants (CPA) meet the general

standards prescribed in ``Government Auditing Standards, 1988 Revision,

published by the Comptroller General of the United States' General

Accounting Office'' (GAS) should be deleted. AICPA commented that the

standards that govern the conduct of the attest engagement are the

AICPA Statement of Standards for Attestation Engagements (SSAE) and not

the GAS; and

(4) The third column of the EPA NPR, page 62564, contained an error

by using the word ``account'' in connection with ``CPA'' and the word

should be changed to ``accountant''.

EPA has reviewed AICPA's comments and determined that the State

requirements discussed in the first two comments are more stringent

than EPA guidelines and can be required at the State's discretion, and

therefore do not affect the approvability of this revision.

The third comment deals with the Pennsylvania's implementation

guidelines which were not submitted as part of the SIP revision and

therefore the comment is not relevant to the approvability of this

revision. However, EPA has contacted the Pennsylvania Department of

Environmental Resources (PADER) concerning this comment. PADER informed

EPA that the section of the Pennsylvania implementation guidelines

entitled ``Auditor Qualifications'' requires each auditor, who performs

an attest engagement, to fulfill specific qualifications. One of the

qualifications is that the auditor meet the general standards

prescribed in the ``Government Auditing Standards, 1988 Revision,

published by the Comptroller General of the United States' General

Accounting Office'' (GAS). The subsequent section of the Pennsylvania

implementation guideline, entitled ``Agreed-upon Procedures'', does

require that the auditor comply with the AICPA Statement of Standards

for Attestation Engagements (SSAE) when performing the attest

engagement. This section of the Pennsylvania implementation guideline,

entitled ``Agreed-upon Procedures'', addresses the third comment raised

by the AICPA.

With regard to the last comment, EPA acknowledges that it made a

typographical error in the NPR, page 62564, and agrees that the word

``account'' should have read ``accountant.''

Other specific requirements of the oxygenated gasoline program and

the rationale for EPA's proposed action are explained in the NPR and

will not be restated here.

Final Action

EPA is approving the amendments to 25 PA Code Chapter 121, General

Provisions, section 121.1 Definitions, the addition of section 126.1

Oxygenate Content of Gasoline to 25 PA Code Chapter 126, Standards for

Motor Fuels, and the correction in 25 PA Code Chapter 121, General

Provisions, section 121.1 in the definition of ``oxygenated gasoline.''

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

This action has been classified as a Table 2 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by

an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation. The OMB has exempted this

regulatory action from E.O. 12866 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). 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

approving Pennsylvania's oxygenated gasoline regulation 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, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Reporting and

recordkeeping requirements.

Dated: April 28, 1994.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart NN of chapter I, title 40 is amended as

follows:

PART 52--[AMENDED]

1. The authority citation for Part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraph (c)(88) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(88) Revisions to the Pennsylvania Regulations for an oxygenated

gasoline program submitted on November 12, 1992 by the Pennsylvania

Department of Environmental Resources:

(i) Incorporation by reference.

(A) Letter of November 12, 1992 from the Pennsylvania Department of

Environmental Resources transmitting the oxygenated gasoline regulation

as a SIP revision.

(B) Revisions to 25 PA Code Chapter 121, General Provisions,

section 121.1 Definitions and the addition of section 126.1 Oxygenate

Content of Gasoline to 25 PA Code Chapter 126, Standards for Motor

Fuels. These revisions became effective August 29, 1992.

(C) The correction in 25 PA Code Chapter 121, General Provisions,

section 121.1 Definitions in the definition of ``oxygenated gasoline''.

This correction became effective October 24, 1992.

(ii) Additional Material.

(A) Remainder of Pennsylvania State submittal.

(B) [Reserved].

[FR Doc. 94-17693 Filed 7-20-94; 8:45 am]

BILLING CODE 6560-50-P