[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
