[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Pages 44413-44415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22069]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA-4051a; FRL-5865-8]
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 two major sources located in Pennsylvania. The intended effect of
this action is to approve source-specific 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 is effective October 20, 1997 unless notice is
received on or before September 22, 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 J. 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: Rose Quinto, (215) 566-2182, at the
EPA Region III office or via e-mail at quinto.rose@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 January 10, 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 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
[[Page 44414]]
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 two 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 two major
sources. The 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 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 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 County #) compliance permit Source type source''
(CP #) pollutant
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Heinz Pet Products.......... Columbia............. OP-19-0003 Pet food processing VOC
and can
manufacturing.
Graco Children's Products, Chester.............. OP-15-0006 Children's products VOC
Inc. manufacturing
(surface coating).
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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 October 20, 1997 unless, by September 22, 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 October 20, 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 two operating permits as RACT for two 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
[[Page 44415]]
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 October 20, 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: July 22, 1997.
Thomas Voltaggio,
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--Pennsylvania
2. Section 52.2020 is amended by adding paragraph (c)(119) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(119) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NOX RACT, submitted on January 10,
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) Two 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 operating permits on
the following dates: January 10, 1996 and September 13, 1996.
(B) Operating permits (OP):
(1) Heinz Pet Products, Columbia County, OP-19-0003, effective
November 27, 1995, except for the expiration date of the operating
permit and conditions No. 15 through No. 24 pertaining to non-VOC and
non-NOX pollutants.
(2) Graco Children's Products, Inc., Chester County, OP-15-0006,
effective November 30, 1995, except for the expiration date of the
operating permit.
(ii) Additional material.
(A) Remainder of the Commonwealth of Pennsylvania's January 10,
1996 and September 13, 1996 submittals.
* * * * *
[FR Doc. 97-22069 Filed 8-20-97; 8:45 am]
BILLING CODE 6560-50-P
