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

Stanley L. Laskowski
Environmental Protection Agency
21 July 1994

[Federal Register Volume 59, Number 139 (Thursday, July 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17693]


[[Page Unknown]]

[Federal Register: July 21, 1994]


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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