Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 49949 

(1) You must pay electronically 

through Pay.gov at: https:// 

www.pay.gov/paygov/, and you must 

include a copy of the Pay.gov 

confirmation receipt page with your 

Notice of Appeal. 

(2) You cannot extend the 60-day 

period for payment of the processing 

fee. 

[FR Doc. E8–19373 Filed 8–22–08; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0257; FRL–8707–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determination of 

Attainment of Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

Harrisburg-Lebanon-Carlisle, 

Pennsylvania nonattainment area for the 

1997 fine particle (PM2.5) National 

Ambient Air Quality Standard (NAAQS) 

has attained the 1997 PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on August 25, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0257. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. 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 

http://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: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. What Action Is EPA Taking? 

II. What Is the Effect of This Action? 

III. When Is This Action Effective? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

EPA is determining that the 

Harrisburg-Lebanon-Carlisle, 

Pennsylvania nonattainment area 

(Harrisburg Nonattainment Area) for the 

1997 PM2.5 NAAQS has attained the 

1997 PM2.5 NAAQS. This determination 

is based upon quality assured, quality 

controlled and certified ambient air 

monitoring data that show the area has 

monitored attainment of the 1997 PM2.5

NAAQS since the 2004–2006 

monitoring period, and monitoring data 

that continue to show attainment of the 

1997 PM2.5 NAAQS based on the 2005–

2007 data. In addition, quality 

controlled and quality assured 

monitoring data submitted during the 

calendar year 2008, which are available 

in the EPA AQS database, but not yet 

certified, show this area continues to 

attain the 1997 PM2.5 NAAQS. 

Other specific requirements of the 

determination and the rationale for 

EPA’s proposed action are explained in 

the notice of proposed rulemaking 

(NPR) published on June 13, 2008 (73 

FR 33755) and will not be restated here. 

No public comments were received in 

response to the NPR. 

II. What Is the Effect of This Action? 

This final action, in accordance with 

40 CFR 51.1004(c), suspends the 

requirements for this area to submit 

attainment demonstrations and 

associated reasonably available control 

measures, reasonable further progress 

plans, contingency measures, and other 

planning state implementation plans 

(SIPs) related to attainment of the 1997 

PM2.5 NAAQS for so long as the area 

continues to attain the 1997 PM2.5

NAAQS. 

III. When Is This Action Effective? 

EPA finds that there is good cause for 

this approval to become effective on the 

date of publication of this action in the 

Federal Register, because a delayed 

effective date is unnecessary due to the 

nature of the approval. The expedited 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that rule 

actions may become effective less than 

30 days after publication if the rule 

‘‘grants or recognizes an exemption or 

relieves a restriction’’ and 5 U.S.C. 

553(d)(3), which allows an effective date 

less than 30 days after publication ‘‘as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ As noted above, this 

determination of attainment suspends 

the requirements for the Harrisburg 

nonattainment area to submit an 

attainment demonstration and 

associated reasonably available 

measures, a reasonable further progress 

plan, contingency measures, and any 

other planning SIPs related to 

attainment of the standard for so long as 

the area continues to attain the 1997 

PM2.5 NAAQS. The suspension of these 

requirements is sufficient reason to 

allow an expedited effective date of this 

rule under 5 U.S.C. 553(d)(1). In 

addition, the Harrisburg nonattainment 

area’s suspension from these 

requirements provide good cause to 

make this rule effective on the date of 

publication of this action in the Federal 

Register, pursuant to 5 U.S.C. 553(d)(3). 

The purpose of the 30-day waiting 

period prescribed in 5 U.S.C. 553(d) is 

to give affected parties a reasonable time 

to adjust their behavior and prepare 

before the final rule takes effect. Where, 

as here, the final rule suspends 

requirements rather than imposing 

obligations, affected parties, such as the 

Commonwealth of Pennsylvania, do not 

need time to adjust and prepare before 

the rule takes effect. 

IV. Final Action 

EPA is determining that the 

Harrisburg nonattainment area for the 

1997 PM2.5 NAAQS has attained the 

1997 PM2.5 NAAQS. This determination 

is based upon quality assured, quality 

controlled, and certified ambient air 

monitoring data that show that the area 

has monitored attainment of the 1997 

PM2.5 NAAQS since the 2004–2006 

monitoring period, and continues to 

monitor attainment of the standard 

based on the 2005–2007 data. This final 

action, in accordance with 40 CFR 

51.1004(c), will suspend the 

requirements for this area to submit 

attainment demonstrations and 

associated reasonably available control 

measures, reasonable further progress 

plans, contingency measures, and other 

planning SIPs related to attainment of 

the 1997 PM2.5 NAAQS for so long as 

the area continues to attain the 1997 

PM2.5 NAAQS. 


ebenthall on PRODPC60 with RULES
49950 Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 

V. 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 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 makes a 

determination based on air quality data, 

and would, if finalized, result in the 

suspension of certain Federal 

requirements. 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 makes a determination based on air 

quality data, and results in the 

suspension of certain Federal 

requirements, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

This rule also does not have tribal 

applications 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). 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), because it merely 

makes a determination based on air 

quality data and results in the 

suspension of certain Federal 

requirements, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks’’ (62 FR 19885, April 23, 1997) 

because it determines that air quality in 

the affected area is meeting Federal 

standards. 

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 because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures otherwise 

satisfying the provisions of the CAA. 

This rule does not impose an 

information collection burden under the 

provisions of the Paper Reduction Act of 

1995 (44 U.S.C. 3501 et seq.). 

Under Executive Order 12898, EPA 

finds that this rule involves a 

determination of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income 

communities. 

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 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 Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 24, 2008. 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, 

pertaining to the Harrisburg 

nonattainment area clean data 

determination, 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, Particulate matter. 

Dated: August 12, 2008 

W.T. Wisniewski, 

Acting 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. Section 52.2059 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(c) Determination of Attainment. EPA 

has determined, as of August 25, 2008, 

the Harrisburg-Lebanon-Carlisle, 

Pennsylvania nonattainment area for the 

1997 PM2.5 NAAQS has attained the 

1997 PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 52.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration and 

associated reasonably available 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as the area 

continues to attain the 1997 PM2.5

NAAQS. 

[FR Doc. E8–19421 Filed 8–22–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2008–0403; FRL–8707–7] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; State of Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Iowa State Implementation Plan 

(SIP) and Operating Permits Program 

submitted by the state of Iowa for the 

purpose of modifying and clarifying 

requirements for certain types of grain 

elevators. Specifically, the new rule 

revises the SIP to add special 

requirements for grain elevators, and the 

associated chapters for definitions and 

emission standards will be revised 

accordingly. The Iowa Department of 

Natural Resources (IDNR) is requiring 

that owners or operators of grain 

elevators apply best management 


ebenthall on PRODPC60 with RULES