[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Rules and Regulations]
[Page 2881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-735]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA25-1-6683; FRL-5133-6]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania--Emission Statement 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 consists
of an emission statement program for stationary sources which emit
volatile organic compounds (VOCs) and/or nitrogen oxides (NOx) at or
above specified actual emission threshold levels. The intended effect
of this action is to approve in the Commonwealth of Pennsylvania a
regulation for annual reporting of actual emissions by sources that
emit VOC and/or NOx in accordance with section 182(a)(3)(B) of the
Clean Air Act Amendments (CAAA). This action is being taken under
section 110 of the Clean Air Act.
EFFECTIVE DATE: This rule will become effective on February 13, 1995.
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; the Air and Radiation Docket and Information Center, U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460; and Commonwealth of Pennsylvania Department of Environmental
Resources Bureau of Air Quality Control, P.O. Box 8468, Market Street
Office Bldg., Harrisburg, PA 17105-8468.
FOR FURTHER INFORMATION CONTACT: Enid A. Gerena, Environmental
Protection Agency, Air, Radiation, and Toxics Division, 841 Chestnut
Building, Philadelphia, PA 19107, (215) 597-8239.
SUPPLEMENTARY INFORMATION: On July 15, 1994 (59 FR 36128), EPA
published a notice of proposed rulemaking (NPR) for the Commonwealth of
Pennsylvania. The NPR proposed approval of the Commonwealth of
Pennsylvania's Emission Statement Program. The formal SIP revision was
submitted on November 12, 1992.
The Pennsylvania Department of Environmental Resources (PADER)
submitted a revision to the Pennsylvania's SIP which establishes
emissions statement reporting requirements for stationary sources that
emit of nitrogen oxides (NOx) and volatile organic compounds
(VOCs), above specified actual emission applicability thresholds.
Other specific requirements of the SIP revision on Emission
Statements and the rationale for EPA's proposed action are explained in
the NPR and will not be restated here. No public comments were received
on the NPR.
Final Action
EPA is approving amendments to the regulation at Title 25 Pa. Code
chapter 135, to add section 135.5, Recordkeeping, and section 135.21,
Emission Statements, as a revision to the Commonwealth of Pennsylvania
SIP. Nothing in this section 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 3 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 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 March 13, 1995. 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 to approve Pennsylvania's Emissions
Statement Program 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Oxides of
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: December 16, 1994.
Stanley L. Laskowski,
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. 7401-7671q.
Subpart NN--Commonwealth of Pennsylvania
2. Section 52.2020 is amended by adding paragraph (c)(96) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(96) Revisions to the Commonwealth of Pennsylvania Regulations
State Implementation Plan 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 a revised regulation to establish
emission statements requirements annually for sources of nitrogen
oxides and volatile organic compounds.
(B) Revisions to amend 25 Pa. Code, specifically to include section
135.5 and section 135.21. Effective on October 10, 1992.
[FR Doc. 95-735 Filed 1-11-95; 8:45 am]
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