Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania, General Conformity Rule

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA105-4066a; FRL-5897-8]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania, General Conformity Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

submitted by the Commonwealth of Pennsylvania. The revision consists of

Pennsylvania's rule for General Conformity which sets forth policy,

criteria, and procedures for demonstrating and assuring conformity of

non-transportation related Federal projects to all applicable

implementation plans. The intended effect of this action is to approve

Pennsylvania's General Conformity Rule as a SIP revision.

DATES: This action is effective November 28, 1997 unless notice is

received on or before October 29, 1997 that adverse or critical

comments will be submitted. If the effective date is delayed, timely

notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO &

Mobile Sources Section, Mailcode 3AT21, U.S. Environmental Protection

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

19107. 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;

the Air and Radiation Docket and Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW., Washington, DC 20460; and

Pennsylvania Department of Environmental Protection, Rachel Carson

State Office Building, P.O. Box 2063, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the

EPA Region III office or via e-mail at [email protected].

While information may be requested via e-mail, comments must be

submitted in writing to the Region III address.

SUPPLEMENTARY INFORMATION: On June 12, 1997, the Commonwealth of

Pennsylvania submitted a formal revision to its State Implementation

Plan (SIP) to meet the requirements of 40 CFR 51.851, General

Conformity. Pennsylvania adopted the provisions of the Federal General

Conformity Rule, 40 CFR part 93, subpart B, effective November 16,

1994. This action to approve General Conformity Rule (25 Pa. Code

Chapter 127, Secs. 127.801 and 127.802) is being taken under section

110 of the Clean Air Act (CAA).

Summary of the SIP Revision

The Commonwealth of Pennsylvania has adopted by reference the

General Conformity Rule promulgated by the U.S. Environmental

Protection Agency under section 176(c) of the CAA and the regulations

codified at 40 CFR part 93, subpart B, Determining Conformity of

General Federal Actions to State or Federal Implementation Plans. The

Federal rule requires that all Federal actions conform to applicable

air quality implementation plans. This rule only applies to areas

designated nonattainment under section 107 of the CAA and described in

the 40 CFR part 81 or areas with approved maintenance plans under

section 175(A) of the CAA.

The Federal rule sets forth policy, criteria, and procedures for

demonstrating and assuring conformity of non-transportation related

Federal projects to all applicable implementation plans developed

pursuant to section 110 and part D of the CAA. The rule generally

applies to Federal actions except:

(1) Those required under the transportation conformity rule (40 CFR

part 93, subpart A);

(2) Actions with associated emissions below specified de minimis

levels; and

(3) Certain other actions which are exempt or presumed to conform

to applicable air quality implementation plans.

Some examples of Federal actions requiring conformity determination

include: Airport Construction/Modification grants; Leasing of Federal

Land; Granting a Permit; Construction of Federal Office Buildings;

Private Construction on Federal Land; Prescribed Burning; Reuse of

Military Bases; and Water Treatment Plants.

At 40 CFR 51.851, State Implementation Plans, EPA promulgated the

requirements that must be adopted by a state and submitted as a SIP

revision to implement the General Conformity revisions. The provisions

adopted by Pennsylvania are those contained in and required by the

Federal rule. EPA has reviewed Pennsylvania General Conformity Rule,

and has determined that it satisfies the requirements of 40 CFR 51.851.

A Technical Support Document (TSD) has been prepared which details the

EPA's evaluation of Pennsylvania's General Conformity Rule. Interested

parties may obtain a copy of the TSD by contacting the EPA Regional

Office listed in the ADDRESSES section of this document.

EPA is approving this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective November 28, 1997 unless, by October 29, 1997, adverse or

critical comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. EPA will not institute a second comment period on this

action. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, the public is

advised that this action will be effective on November 28, 1997.

Final Action

EPA is approving Pennsylvania's 25 Pa. Code Chapter 127,

Secs. 127.801 and 127,802, General Conformity Rule submitted by

Pennsylvania as a SIP revision on June 12, 1997, which was effective on

November 9, 1996.

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.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this action

from review under Executive Order 12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify

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that the rule will not have a significant impact on a substantial

number of small entities. Small entities include small businesses,

small not-for-profit enterprises, and government entities with

jurisdiction over populations of less than 50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements but simply approve requirements that

the State is already imposing. Therefore, because the Federal SIP

approval does not impose any new requirements, the Administrator

certifies that it does not have a significant impact on any small

entities affected. Moreover, due to the nature of the Federal-state

relationship under the CAA, preparation of a flexibility analysis would

constitute Federal inquiry into the economic reasonableness of state

action. The CAA forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

C. Unfunded Mandates Act

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that included a Federal mandate that may result in estimated

costs to state, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either state, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under state or local law, and imposes no new

requirements. Accordingly, no additional costs to state, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to the publication of the rule of

today's Federal Register. This rule is not a ``major rule'' as defined

by 5 U.S.C. 804(2).

E. 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 November 28, 1997.

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, on the Pennsylvania

General Conformity Rule, 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.

Dated: September 16, 1997.

W. Michael McCabe,

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. 7401-7671q.

Subpart NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraph (c)(126) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(126) Revisions to the Pennsylvania State Implementation Plan on

June 12, 1997 by the Pennsylvania Department of Environmental

Protection.

(i) Incorporation by reference.

(A) A letter of June 12, 1997 from the Pennsylvania Department of

Environmental Protection transmitting the General Conformity Rule.

(B) 25 Pa. Code Chapter 127, Secs. 127.801 and 127.802--General

Conformity Rule, effective November 9, 1996.

(ii) Additional material from the Pennsylvani's June 12, 1997

submittal pertaining to 25 Pa. Code Chapter 127.

* * * * *

[FR Doc. 97-25654 Filed 9-26-97; 8:45 am]

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