Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of PennsylvaniaEmission Statement Program

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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