50870 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

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.

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

quinto.rose@epamail.epa.gov. While

information may be requested via email, 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, §§ 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, §§ 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
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50871

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 costeffective 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:

§ 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,

§§ 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]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA–103–21a; FRL–5898–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of a NOX

RACT Determination for Panther Creek

Energy Facility

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Pennsylvania. This revision establishes

and requires nitrogen oxides (NOX)

reasonably available control technology

(RACT) for Panther Creek Energy

Facility located in Carbon County,

Pennsylvania. The intended effect of

this action is to approve a sourcespecific operating permit that

establishes the above-mentioned RACT

requirements in accordance with the

Clean Air Act. This action is being taken

under section 110 of the Clean Air Act.

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 Campbell, Air, Radiation, and

Toxics Division, Mailcode 3AT22, 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;

Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality Control, P.O. Box 8468, 400

Market Street, Harrisburg, Pennsylvania

17105.