[Federal Register Volume 63, Number 232 (Thursday, December 3, 1998)]
[Rules and Regulations]
[Pages 66755-66758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32006]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIPTRAX No. PA-4082a; FRL-6194-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of VOC and NOx RACT Determinations
for Individual Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on revisions to the State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. This revision establishes and requires volatile organic
compounds (VOC) and nitrogen oxides (NOx) reasonably
available control technology (RACT) for five major sources located in
Pennsylvania. EPA is approving these source-specific plan approvals,
operating and compliance permits that establish the above-mentioned
RACT requirements in accordance with the Clean Air Act.
DATES: This direct final rule is effective on February 1, 1999 without
further notice, unless EPA receives adverse written comment by January
4, 1999. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Comments may be mailed to Kathleen Henry, Air Protection
Division, Mailcode 3AP11, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
documents relevant to this action are available for public inspection
during normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
[[Page 66756]]
Philadelphia, Pennsylvania 19103; 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.
FOR FURTHER INFORMATION CONTACT: Linda Miller (215) 814-2068, at the
EPA Region III office or via e-mail at miller.linda@epamail.epa.gov.
While information may be requested via e-mail, any comments must be
submitted in writing to the above Region III address.
SUPPLEMENTARY INFORMATION:
I. Background
On May 31, 1995, November 15, 1995, March 21, 1996, and September
13, 1996, the Commonwealth of Pennsylvania submitted formal revisions
to its State Implementation Plan (SIP). The SIP revision establishes
and requires volatile organic compounds (VOC) and nitrogen oxides
(NOx) reasonably available control technology (RACT) for
five major sources located in Pennsylvania. Each source subject to this
rulemaking will be identified and discussed below. Any plan approvals
and operating permits submitted coincidentally with those being
approved in this document, and not identified below, will be addressed
in a separate rulemaking action. Pursuant to sections 182(b)(2) and
182(f) of the Clean Air Act (CAA), Pennsylvania is required to
implement RACT for all major VOC and NOx sources by no later
than May 31, 1995. The major source size is determined by its location,
the classification of that area and whether it is located in the ozone
transport region (OTR), which is established by the CAA. The
Pennsylvania portion of the Philadelphia ozone nonattainment area
consists of Bucks, Chester, Delaware, Montgomery, and Philadelphia
Counties and is classified as severe. The remaining counties in
Pennsylvania are classified as either moderate or marginal
nonattainment areas or are designated attainment for ozone. However,
under section 184 of the CAA, at a minimum, moderate ozone
nonattainment area requirements (including RACT as specified in
sections 182(b)(2) and 182(f)) apply throughout the OTR. Therefore,
RACT is applicable statewide in Pennsylvania. The Pennsylvania
submittals that are the subject of this document are meant to satisfy
the RACT requirements for five sources in Pennsylvania.
Summary of SIP Revision
The details of the RACT requirements for the source-specific plan
approvals, operating and compliance permits can be found in the docket
and accompanying technical support document (TSD) and will not be
reiterated in this document. Briefly, EPA is approving a revision to
the Pennsylvania SIP pertaining to the determination of RACT for five
major sources. Several of the plan approvals, compliance and operating
permits contain conditions irrelevant to the determination of VOC or
NOx RACT. Consequently, these provisions are not being
included in this approval for source-specific VOC or NOx
RACT.
RACT Determinations
The following table identifies the individual plan approvals,
operating and compliance permits EPA is approving. The specific
emission limitations and other RACT requirements for these sources are
summarized in the accompanying technical support document, which is
available upon further request from the EPA Region III office listed in
the ADDRESSES section of this document.
Pennsylvania--VOC and NOx Ract Determinations for Individual Sources
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Plan Approval (PA #)
Operating Permit (OP ``Major source''
Source County #) Compliance Permit Source type pollutant
(CP #)
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Columbia Gas Transmission Bedford.................. PA 05-2006 Natural Gas Transmission..................... NOx.
Corportation-Artemas Compressor
Station.
Columbia Gas Transmission Washington............... PA 63-000-631 Natural Gas Transmission..................... NOx and VOC.
Corportation-Donegal Compressor
Station.
Columbia Gas Transmission Adam..................... OP 01-2003 Natural Gas Transmission..................... NOx.
Corportation-Gettysburg
Compressor Station.
Columbia Gas Transmission Chester.................. OP 15-631 Natural Gas Transmission..................... NOx and VOC.
Corportation-Eagle Compresor
Station.
Columbia Gas Transmission Chester.................. CP 15-0020 Natural Gas Transmission..................... NOx.
Corportation-Downingtown
Compressor Station.
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EPA is approving this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the rule should adverse
comments be filed. This rule will be effective February 1, 1999 without
further notice unless the Agency receives adverse comments by January
4, 1999.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on February 1, 1999 and no
further action will be taken on the proposed rule. If adverse comments
are received that do not pertain to all paragraphs subject to this
rule, those paragraphs not affected by the adverse comments will be
finalized in the manner described here. Only those paragraphs that
receive adverse comments will be withdrawn in the manner described
here.
II. Final Action
EPA is approving two plan approvals, two operating permits and one
compliance permit for NOx and/or VOC RACT for five
individual sources.
[[Page 66757]]
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on state, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that the EPA determines (1) is
``economically significant,'' as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This final rule is not subject to Executive Order 13045 because it
is not an economically significant regulatory action as defined by
Executive Order 12866, and it does not address an environmental health
or safety risk that would have a disproportionate effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.'' Today's rule does not
significantly or uniquely affect the communities of Indian tribal
governments. This action does not involve or impose any requirements
that affect Indian Tribes. Accordingly, the requirements of section
3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. versus U.S. EPA, 427 U.S. 246, 255-66
(1976); 42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
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 includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective 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 annual 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.
G. 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. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA
is not required to submit a rule report regarding today's action under
section 801 because this is a rule of particular applicability.
[[Page 66758]]
H. Petitions for Judicial 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 February 1, 1999. 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 VOC and NOX RACT
determinations for a number of individual sources in Pennsylvania as a
revision to the Commonwealth's SIP 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, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: November 13, 1998.
William Wisnewski,
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 52.2020 is amended by adding paragraph (c)(137) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(137) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NOX RACT, submitted on May 31, 1995,
November 15, 1995, March 21, 1996 and September 13, 1996 by the
Pennsylvania Department of Environmental Protection.
(i) Incorporation by reference.
(A) Four letters submitted by the Pennsylvania Department of
Environmental Protection transmitting source-specific VOC and/or
NOX RACT determinations in the form of plan approvals,
operating or compliance permits on the following dates: May 31, 1995,
November 15, 1995, September 13, 1996 and March 21, 1996.
(B) Plan approvals (PA), Operating permits (OP), Compliance Permits
(CP):
(1) Columbia Gas Transmission Corporation--Artemas Compressor
Station, Bedford County, PA O5-2006, effective April 19, 1995; except
for the plan approval expiration date and item (or portions thereof)
Nos. 4 and 13 relating to non-RACT provisions.
(2) Columbia Gas Transmission Corporation--Donegal Compressor
Station, Washington County, PA 63-000-631, effective July 10, 1995;
except for the plan approval expiration date and item (or portions
thereof) Nos. 9 and 20 relating to non-RACT provisions.
(3) Columbia Gas Transmission Corporation--Gettysburg Compressor
Station, Adam County, OP 01-2003, effective April 21, 1995; except for
the operating permit expiration date and item (or portions thereof) No.
13 relating to non-RACT provisions.
(4) Columbia Gas Transmission Corporation--Eagle Compressor
Station, Chester County, OP 15-022, effective February 1, 1996; except
for the operating permit expiration date and item (or portions thereof)
Nos. 9 and 10 relating to non-RACT provisions.
(5) Columbia Gas Transmission Corporation--Downingtown Compressor
Station, Chester County, CP-15-0020, effective September 15, 1995;
except for the compliance permit expiration date and item (or portions
thereof) Nos. 2 and 6 relating to non-RACT provisions.
(ii) Additional Material--Remainder of the Commonwealth of
Pennsylvania's May 31, 1995, November 15, 1995, March 21, 1996 and
September 13, 1996 VOC and NOX RACT SIP submittals.
[FR Doc. 98-32006 Filed 12-2-98; 8:45 am]
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