[Federal Register Volume 62, Number 112 (Wednesday, June 11, 1997)]
[Rules and Regulations]
[Pages 31732-31734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15095]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIPTRAX No. PA-4057a; FRL-5835-4]
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 approving a 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)
on five major sources located in Pennsylvania. The intended effect of
this action is to approve source-specific plan approvals and operating
permits that establish the above-mentioned RACT requirements in
accordance with the Clean Air Act. This action is being taken under
section 110 of the Clean Air Act.
DATES: This action will become effective August 11, 1997 unless notice
is received on or before July 11, 1997 that adverse or critical
comments will be submitted. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to David Campbell, Air, Radiation,
and Toxics Division, Mailcode 3AT22, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. 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; Pennsylvania
Department of Environmental Protection, Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Ruth E. Knapp, (215) 566-2191, at the
EPA Region III office or via e-mail at knapp.ruth@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: On December 8, 1995, February 20, 1996,
March 21, 1996, April 16, 1996, and September 13, 1996, the
Commonwealth of Pennsylvania submitted formal revisions to its State
Implementation Plan (SIP). 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
notice, 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 notice 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 and operating permits can be found in the docket and
accompanying technical support document (TSD) and will not be
reiterated in this notice. 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 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 and
operating 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
request from the EPA Region III office listed in the ADDRESSES section
of this notice.
[[Page 31733]]
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
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Plan approval (PA #),
Source County operating permit (OP #), Source type ``Major source''
compliance permit (CP #), pollutant
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CNG Transmission Corp., Ellisburg Potter................... PA 53-0004A, OP 53-0004, Natural Gas Transmission............. NOX, VOC.
CP 53-0004A.
CNG Transmission Corp., Greenlick Potter................... PA 53-0003A, OP 53-0003, Natural Gas Transmission............. NOX, VOC.
CP 53-0003A.
CNG Transmission Corp., Crayne... Greene................... OP 30-000-089............ Natural Gas Transmission............. NOX.
CNG Transmission Corp., State Potter................... OP 53-0008............... Natural Gas Transmission............. NOX, VOC.
Line Station.
CNG Transmission Corp., Big Run.. Jefferson................ PA 33-147................ Natural Gas Transmission............. NOX.
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Several of the plan approvals/operating permits contain a provision
that allows for future changes to the emission limitations based on
Continuous Emissions Monitoring (CEM) or other monitoring data. Since
EPA cannot approve emission limitations that are not currently before
it, any changes to the emission limitations as submitted to EPA on
December 8, 1995, February 20, 1996, March 21, 1996, April 16, 1996,
and September 13, 1996, must be resubmitted to and approved by EPA in
order for these changes to be incorporated into the Pennsylvania SIP.
Consequently, the source-specific RACT emission limitations that are
being approved into the Pennsylvania SIP are those that were submitted
on the above-mentioned dates and are the subject of this rulemaking
notice. These emission limitations will remain unless and until they
are replaced pursuant to 40 CFR part 51 and approved by the U.S. EPA.
In addition, several of the plan approvals and operating permits
contain a general provision that would allow compliance date extensions
at the request of the source and approval by Pennsylvania without EPA
approval. While EPA does not automatically dismiss the possibility of
compliance date extensions, EPA cannot pre-approve compliance date
extensions through a general provision such as that which occurs in
those plan approvals and operating permits.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective August 11, 1997 unless, within 30 days of publication,
adverse or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on this action serving as a proposed
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, the public is advised that
this action will be effective on August 11, 1997. If adverse comments
are received that do not pertain to all documents subject to this
rulemaking action, those documents not affected by the adverse comments
will be finalized in the manner described here. Only those documents
that receive adverse comments will be withdrawn in the manner described
here.
Final Action
EPA is approving three plan approvals, four operating permits and
two compliance permits as RACT for five individual sources. 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.
Administrative Requirements
A. Executive Order 12866
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 a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
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 impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, 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. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. 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
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
[[Page 31734]]
advising any small governments that may be significantly or uniquely
impacted by the rule.
EPA has determined that the approval action proposed/promulgated
does not include a Federal mandate that may result in estimated 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 Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
D. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by
section 804(2).
E. 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 August 11, 1997. Filing a
petition for reconsideration by the Regional 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: May 21, 1997.
W. T. Wisniewski,
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)(121) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(121) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NOX RACT, submitted on December 8,
1995, February 20, 1996, March 21, 1996, April 16, 1996, and September
13, 1996 by the Pennsylvania Department of Environmental Resources (now
known as the Pennsylvania Department of Environmental Protection):
(i) Incorporation by reference.
(A) Five letters submitted by the Pennsylvania Department of
Environmental Resources (now, the Pennsylvania Department of
Environmental Protection) transmitting source-specific VOC and/or
NOX RACT determinations in the form of plan approvals or
operating permits on the following dates: December 8, 1995, February
20, 1996, March 21, 1996, April 16, 1996, and September 13, 1996.
(B) Plan approvals (PA), Operating permits (OP), Compliance permits
(CP):
(1) CNG Transmission Corporation--Ellisburg, Potter County, OP-53-
0004, effective February 29, 1996, except for the expiration date of
the operating permit; PA-53-0004A effective February 29, 1996, except
for the expiration date of the plan approval; and CP-53-0004A except
for the expiration date, except for item #6 regarding future compliance
extensions.
(2) CNG Transmission Corporation--Greenlick Compressor Station,
Potter County, PA-53-0003A, effective December 18, 1995, except for the
plan approval expiration date, except for the portion of item #3
regarding carbon monoxide (CO) emissions increases, except the portion
of item #4 regarding CO emission limitations; OP-53-0003, effective
December 18, 1995 except for the operating permit expiration date; and
CP-53-0003A, except for the expiration date of the compliance permit,
except for item #6 regarding future compliance extensions.
(3) CNG Transmission Corporation--Crayne Station, Greene County, OP
30-000-089, effective December 22, 1995 except for the expiration date
of the operating permit, except for the portion of item #4 regarding CO
emission limitations, except for item #9 regarding emission limitation
revisions.
(4) CNG Transmission Corporation--State Line Station, Potter
County, OP-53-0008, effective January 10, 1996 except for the
expiration date of the operating permit, except for the portions of
item #22 regarding CO emission limitations.
(5) CNG Transmission Corporation--Big Run, Jefferson County, PA 33-
147, effective June 27, 1995, except for item #9 regarding emission
limitation revisions.
(ii) Additional Material.
(A) Remainder of the Commonwealth of Pennsylvania's December 8,
1995, February 20, 1996, March 21, 1996, April 16, 1996, and September
13, 1996 submittals pertaining to the RACT determinations for the five
sources listed in (i) above.
[FR Doc. 97-15095 Filed 6-10-97; 8:45 am]
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