**ENVIRONMENTAL PROTECTION AGENCY**

**40 CFR Part 52**

**\[EPA-R03-OAR-2008-0185; FRL- \]**

**Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002
Base-Year Inventory for the Lawrence County Area**

**AGENCY**: Environmental Protection Agency (EPA).

**ACTION**: Final rule.

**SUMMARY**: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. The Pennsylvania
Department of Environmental Protection (PADEP) submitted a SIP revision
consisting of a maintenance plan that provides for continued attainment
of the 8-hour ozone national ambient air quality standard (NAAQS) for at
least 10 years after the April 30, 2004 designations, as well as a 2002
base-year inventory for the Lawrence County Area. EPA is approving the
maintenance plan and the 2002 base-year inventory for the Lawrence
County Area as revisions to the Pennsylvania SIP in accordance with the
requirements of the Clean Air Act (CAA).

**EFFECTIVE DATE:** This final rule is effective on \[[insert date 30
days from date of publication]{.underline}\].

**ADDRESSES**: EPA has established a docket for this action under Docket
ID Number **EPA-R03-OAR-2008-0185**. All documents in the docket are
listed in the [www.regulations.gov]{.underline} 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]{.underline} 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 Environment Protection,
Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.

**FOR FURTHER INFORMATION CONTACT**: Melissa Linden, (215) 814‑2096, or
by e-mail at <linden.melissa@epa.gov>.

**SUPPLEMENTARY INFORMATION**:

**I. Background**

On May 27, 2008 (73 FR 30342), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval of Pennsylvania's SIP revision that establishes a maintenance
plan for the Lawrence County Area that provides for continued attainment
of the 8-hour ozone NAAQS for at least 10 years after designation, and a
2002 base- year emissions inventory. The formal SIP revisions were
submitted by PADEP on December 17, 2007. Other specific requirements of
Pennsylvania's SIP revision and the rationales for EPA's proposed
actions are explained in the NPR and will not be restated here. No
public comments were received on the NPR.

**II. Final Action**

EPA is approving the maintenance plan and the 2002 base-year inventory
for the Lawrence County Area, submitted on December 17, 2007, as
revisions to the Pennsylvania SIP. EPA is approving the maintenance plan
and 2002 base-year inventory for the Lawrence County Area because it
meets the requirements of section 110(a)(1) of the CAA.

**III. Statutory and Executive Order Reviews**

**A. General Requirements**

Under the Clean Air Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:

-   is not a \"significant regulatory action" subject to review by the
    Office of Management and Budget under Executive Order 12866 (58 FR
    51735, October 4, 1993);

-   does not impose an information collection burden under the
    provisions of the Paperwork Reduction Act (44 U.S.C. 3501 [et
    seq]{.underline}*.*);

-   is certified as not having a significant economic impact on a
    substantial number of small entities under the Regulatory
    Flexibility Act (5 U.S.C. 601 [et seq]{.underline}.);

-   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);

-   does not have Federalism implications as specified in Executive
    Order 13132 (64 FR 43255, August 10, 1999);

-   is not an economically significant regulatory action based on health
    or safety risks subject to Executive Order 13045 (62 FR 19885, April
    23, 1997);

-   is not a significant regulatory action subject to Executive Order
    13211 (66 FR 28355, May 22, 2001);

-   is not subject to requirements of Section 12(d) of the National
    Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
    because application of those requirements would be inconsistent with
    the Clean Air Act; and

-   does not provide EPA with the discretionary authority to address, as
    appropriate, disproportionate human health or environmental effects,
    using practicable and legally permissible methods, under Executive
    Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

**B. Submission to Congress and the Comptroller General**

The Congressional Review Act, 5 U.S.C. 801 [et seq]{.underline}., 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
action 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]{.underline}
[Register]{.underline}. A major rule cannot take effect until 60 days
after it is published in the [Federal]{.underline}
[Register]{.underline}. This action 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 \[[Insert date 60 days from date
of publication of this document in the Federal Register]{.underline}\].
Filing a petition for reconsideration by the Administrator of this final
rule does not affect the finality of this action 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 the maintenance plan and the 2002 base-year
inventory for the Lawrence County Area 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, Volatile organic
compounds.

[\_\_\_July 3, 2008\_\_\_\_\_\_\_\_]{.underline}
[\_\_\_\_\_\_\_\_\_\_/s/\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

Dated: 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]{.underline}.

Subpart NN--Pennsylvania

2\. In \' 52.2020, the table in paragraph (e)(1) is amended by adding an
entry for the 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory
for Lawrence County at the end of the table to read as follows:

[\' 52.2020]{.underline} [Identification of plan]{.underline}.

\* \* \* \* \*

\(e\) \* \* \*

[(1)\* \* \*]{.underline}

  ---------------- -------------- -------------- -------------------------- ---------------
  **Name of        **Applicable   **State        **EPA approval date**      **Additional
  non-regulatory   geographic     submittal                                 explanation**
  SIP revision**   area**         date**                                    

  \* \* \* \* \*                                                            
  \* \*                                                                     

  8-Hour Ozone     Lawrence       12/17/07       [\[]{.underline}Insert     
  Maintenance Plan County                        [Federal]{.underline}      
  and 2002                                       [Register]{.underline}\]   
  Base-Year                                      publication date\]         
  Inventory                                      \[Insert page number where 
                                                 the document begins\]      
  ---------------- -------------- -------------- -------------------------- ---------------

\* \* \* \* \*