[Federal Register Volume 62, Number 112 (Wednesday, June 11, 1997)]
[Rules and Regulations]
[Pages 31738-31740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15102]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA83-4062a; FRL-5835-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of Source-Specific VOC and NOX RACT
Determinations
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 one major source. The intended effect of this action is to approve
source-specific plan approvals. This action is being taken under
section 110 of the Clean Air Act.
DATES: This final rule is effective July 28, 1997 unless within July
11, 1997, adverse or critical comments are received. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Comments may be mailed to David J. Campbell, Pennsylvania
RACT Team Leader, 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; and the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality, P.O. Box
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Janice M. Lewis, (215) 566-2185, or by
e-mail at lewis.janice@epamail.epa.gov. While information may be
requested via e-mail, comments must be submitted in writing to the
above Region III address.
SUPPLEMENTARY INFORMATION: On December 8, 1995 the Commonwealth of
Pennsylvania submitted a formal revision to its State Implementation
Plan (SIP). The SIP revision consists of one plan approval for one
individual source of volatile organic compounds (VOCs) and/or nitrogen
oxides (NOX) located in Pennsylvania. 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. This rulemaking addresses one plan approval
pertaining to the following source: (1) Pennzoil Products Company
(Rouseville, Venango County)--petroleum refinery.
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 December 8, 1995 Pennsylvania submittals that are the subject
of this notice are meant to satisfy the RACT requirements for one
source in Pennsylvania.
Summary of SIP Revision
The details of the RACT requirements for the source-specific plan
approvals can be found in the docket and accompanying technical support
document and will not be reiterated in this notice. Briefly, EPA is
approving one plan approval as RACT.
RACT
EPA is approving the plan approval of the following facility
located in Pennsylvania: (1) Pennzoil Products Company (Rouseville,
Venango County)--petroleum refinery--major source of NOX
emissions.
The specific emission limitations and other RACT requirements for
these
[[Page 31739]]
sources are summarized in the accompanying technical support document,
which is available from the EPA Region III office.
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 July 28, 1997 unless within July 11, 1997, adverse or
critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document 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 July 28, 1997.
Final Action
EPA is approving two plan approvals as RACT for one individual
source located in Pennsylvania.
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 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 July 28, 1997. 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, pertaining to the VOC and NOX
RACT determination for one source in Pennsylvania, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: May 23, 1997.
James W. Newsom,
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)(124) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(124) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NOX RACT, submitted on December 8,
1995 by the Pennsylvania Department of Environmental Resources (now
known as the Pennsylvania Department of Environmental Protection):
(i) Incorporation by reference.
(A) Two letters, dated December 8, 1995 and September 13, 1996,
from the Pennsylvania Department of Environmental Protection
transmitting source-specific VOC and/or NOX RACT
determinations in the form of one plan approval for the following
source: Pennzoil Products Company (Rouseville, Venango County)--
petroleum refinery.
(B) Plan Approval (PA):
(1) Pennzoil Products Company (Rouseville)--(PA-61-016) effective
[[Page 31740]]
September 8, 1995, except for condition Nos. 9 pertaining to non-VOC
and non-NOX pollutants and expiration date of the plan
approval.
(ii) Additional Material.
(A) Remainder of the Commonwealth of Pennsylvania's December 8,
1995 submittal.
(B) Additional material submitted by Pennsylvania dated May 23,
1997, providing clarifying information related to Pennzoil Products
Company plan approval.
[FR Doc. 97-15102 Filed 6-10-97; 8:45 am]
BILLING CODE 6560-50-P
