[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17298]
[[Page Unknown]]
[Federal Register: July 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA25-1-5994; FRL-5013-6]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania--Emission Statement Program
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania for the purpose
of implementing an emission statement program for stationary sources
applicable in the entire Commonwealth of Pennsylvania. The SIP revision
was submitted by the Commonwealth to satisfy the federal requirements
for an emission statement program as part of the SIP for the
Commonwealth of Pennsylvania.
DATES: Comments on this proposed action must be received in writing by
August 15, 1994.
ADDRESSES: Comments must be mailed to Thomas J. Maslany, Director, Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania, 19107.
Copies of the Commonwealth's submittal and other information are
available for public inspection during normal business hours at the
following location: Environmental Protection Agency, Region III, Air,
Radiation, and Toxics Division, 841 Chestnut Building, Philadelphia, PA
19107; 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, (3AT14), U.S.
Environmental Protection Agency, Air, Radiation, and Toxics Division,
841 Chestnut Building, Philadelphia, PA 19107, (215) 597-8239.
SUPPLEMENTARY INFORMATION: On November 12, 1992, the Pennsylvania
Department of Environmental Resources (PADER) submitted a revision to
the Pennsylvania's SIP which establishes emissions statement
requirements for sources of nitrogen oxides (NOx) and volatile
organic compounds (VOCs).
The revision consists of amendments to Title 25 Pa. Code Chapter
135. Section 135.21 provides the actual requirements for the submittal
of emission statements by owners or operators of stationary sources
emitting NOx and/or VOCs located in ozone nonattainment areas
designated by the Clean Air Act (CAA) as marginal, moderate, serious,
severe or extreme. Under 25 Pa. Code section 135.21, emission statement
requirements would also apply to stationary sources of NOx and/or
VOCs in areas included in the Northeast Ozone Transport Region which
emit or have the potential to emit 100 tons per year of NOx or 50
tons per year of VOC. Each facility will provide the Commonwealth with
a certified statement reporting emissions in accordance with EPA
guidance requirements. The Commonwealth's annual emission statements
are due by March 1 for the preceding calendar year beginning with March
1, 1993 for calendar year 1992.
Section 135.5 identifies records that facilities are required to
maintain and report to PADER to support emission inventory and emission
statement data reports.
I. Background
The air quality planning and SIP requirements for ozone
nonattainment and transport areas are set out in subparts I and II of
Part D of Title I of the Clean Air Act, as amended by the CAA. EPA has
published a ``General Preamble'' describing EPA's preliminary views on
how the Agency intends to review SIP's and SIP revisions submitted
under Title I of the CAA, including those State submittals for ozone
transport areas within the States {see 57 FR 13498 (April 16, 1992)
[``SIP: General Preamble for the Implementation of Title I of the Clean
Air Act Amendments of 1990''], 57 FR 18070 (April 28, 1992)
[``Appendices to the General Preamble''], and 57 FR 55620 (November 25,
1992) [``SIP: NOx Supplement to the General Preamble'']}.
EPA has also issued a draft guidance document describing the
requirements for the emission statement programs discussed in this
action, entitled ``Guidance on the Implementation of an Emission
Statement Program'' (July, 1992). The Agency is also conducting a
rulemaking process to modify Title 40, Part 51 of the CFR to reflect
the requirements of the emission statement program.
Section 182 of the Act sets out a graduated control program for
ozone nonattainment areas. Section 182(a) sets out requirements
applicable in Marginal nonattainment areas, which are also made
applicable by section 182 (b), (c), (d), and (e) to all other ozone
nonattainment areas. Among the requirements in section 182(a) is a
program for stationary sources to prepare and submit to the State each
year emission statements certifying their actual emissions of VOC and
NOX. This section of the Act provides that the States are to
submit a revision to their SIPs by November 15, 1992 establishing this
emission statement program. Based upon the provisions of sections
182(f), 184(b)(2) and 302(j), emission statements are also required
from sources in attainment areas within ozone transport regions which
emit, or have the potential to emit, 50 tons per year (tpy) or more of
VOC, or 100 tpy or more of NOX.
If a stationary source emits either VOC or NOX at or above the
designated minimum reporting level, the other pollutant should be
included in the emission statement, even if it is emitted at levels
below the specified cutoffs.
The States may waive, with EPA approval, the requirement for an
emission statement for classes or categories of sources with less than
25 tpy of actual plant-wide NOX and VOC emissions in nonattainment
areas if the class or category is included in the base year and
periodic inventories and emissions are calculated using emissions
factors established by EPA (such as those found in EPA publication AP-
42) or other methods acceptable to EPA.
The CAA requires facilities to submit the first emission statement
to the State within three years after November 15, 1990, and annually
thereafter.
At minimum, the emission statement data should include:
--certification of data accuracy;
--source identification information;
--operating schedule;
--emissions information (to include annual and typical ozone season day
emissions);
--control equipment information; and
--process data.
EPA developed emission statements data elements to be consistent
with other source and State reporting requirements. This consistency is
essential to assist States with quality assurance for emission
estimates and to facilitate consolidation of all EPA reporting
requirements.
II. EPA's Evaluation of the Commonwealth's Submittal
A. Procedural Background
The Commonwealth of Pennsylvania held public hearings on January 6,
7, 8, 1992 in King of Prussia, Harrisburg, and Monroeville
respectively, for the purpose of soliciting public comment on the
proposed regulatory revisions to require emission statements for
stationary sources. Following the public hearings, the regulatory
revisions were adopted by the State, on July 21, 1992, became effective
in the Commonwealth on October 10, 1992, and were submitted to EPA on
November 12, 1992 as a revision to the SIP.
B. Components of the Commonwealth's Emission Statement Program
There are several key and specific components of an acceptable
emission statement program. Specifically, the State must submit a
revision to its SIP which consists of an emission statement program
which meets the minimum requirements for reporting by the sources and
the State. In general, the emission statement program must include, at
a minimum, definitions and provisions for applicability, compliance,
specific source reporting, and reporting forms. EPA has determined that
the Commonwealth of Pennsylvania has developed their Emission Statement
Program in accordance with the EPA guidance document, ``Guidance on the
Implementation of an Emission Statement Program'' (July 1992) and
satisfies the above mentioned minimum requirements. EPA's detailed
review of Pennsylvania's Emission Statement Program is contained in the
technical support document (TSD) which is available, upon request, from
the EPA Region III Office listed in the ADDRESSES section of this
notice.
C. Enforceability
The Commonwealth of Pennsylvania SIP (Pa Stat. Ann tit. 35, section
4009 and section 4009.1) provides for adequate enforcement of the
emission statement requirements of Section 182(a)(3)(B) and Sections
184(b)(2) and 182(f). Once EPA completes the rulemaking process
approving the Commonwealth's Emission Statement program as part of the
SIP, it will be federally enforceable.
III. Proposed Action
EPA is proposing to approve revisions to the Pennsylvania SIP to
include the regulation at Title 25 Pa. Code chapter 135, section 135.5,
Recordkeeping, and section 135.21, Emission Statements. This revision
was submitted to EPA by the Commonwealth of Pennsylvania on November
12, 1992. This state submittal establishes emission statement
requirements for sources of NOx and VOCs within the entire Commonwealth
of Pennsylvania.
The EPA is requesting public comments on all aspects of the issues
discussed in this notice. As indicated at the outset of this notice,
EPA will consider any comments received by (30 days from date of
publication). Interested parties may participate in the Federal
rulemaking process by submitting written comments to the EPA Regional
Office in accordance with the instructions in the Addresses section of
this notice.
Nothing in this section should be construed as permitting or
allowing or establishing a precedent for any future request for
revision of any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
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 economic 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 Act
do not create any new requirements, but simply approve requirements
that the Commonwealth 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
small entities. Moreover, due to the nature of the federal-state
relationship under the CAA, preparation of a regulatory flexibility
analysis would constitute federal inquiry into the economic
reasonableness of state action. The CAA forbids EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A. ,
427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. section 7410 (a)(2).
This action has been classified as a Table 2 action for signature
by the Acting 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. A future notice will inform the
general public of these tables. On January 6, 1989, the Office of
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions
(54 FR 2222) from the requirements of Section 3 of Executive Order
12291 for a period of two years. The EPA has submitted a request for a
permanent waiver for Table 2 and 3 SIP revisions. The OMB has agreed to
continue the waiver until such time as it rules on EPA's request. This
request continues in effect under Executive Order 12866, which
superseded Executive Order 12291 on September 30, 1993.
The Administrator's decision to approve or disapprove the
Pennsylvania's SIP Emission Statement revision will be based on whether
it meets the requirements of section 110(a)(2)(A)-(K), and part D of
the Clean Air Act, as amended, and EPA regulations in 40 CFR part 52.
List of Subjects in 40 CFR Part 52
Environmental protection, Air Pollution Control, hydrocarbons,
volatile organic compounds, oxides of nitrogen, nitrogen dioxide, Ozone
reporting and recordkeeping requirements, SIP requirements, and
intergovernmental relations.
Authority: 42 U.S.C. section 7401-7671q.
Dated: April 23, 1994.
Peter H. Kostmayer,
Regional Administrator, Region III.
[FR Doc. 94-17298 Filed 7-14-94; 8:45 am]
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