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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA25-1-6683; FRL-5133-6]

Approval and Promulgation of Air Quality Implementation Plans;

Commonwealth of Pennsylvania--Emission Statement Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the Commonwealth of Pennsylvania. This revision consists

of an emission statement program for stationary sources which emit

volatile organic compounds (VOCs) and/or nitrogen oxides (NOx) at or

above specified actual emission threshold levels. The intended effect

of this action is to approve in the Commonwealth of Pennsylvania a

regulation for annual reporting of actual emissions by sources that

emit VOC and/or NOx in accordance with section 182(a)(3)(B) of the

Clean Air Act Amendments (CAAA). This action is being taken under

section 110 of the Clean Air Act.

EFFECTIVE DATE: This rule will become effective on February 13, 1995.

ADDRESSES: 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 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, Environmental

Protection Agency, Air, Radiation, and Toxics Division, 841 Chestnut

Building, Philadelphia, PA 19107, (215) 597-8239.

SUPPLEMENTARY INFORMATION: On July 15, 1994 (59 FR 36128), EPA

published a notice of proposed rulemaking (NPR) for the Commonwealth of

Pennsylvania. The NPR proposed approval of the Commonwealth of

Pennsylvania's Emission Statement Program. The formal SIP revision was

submitted on November 12, 1992.

The Pennsylvania Department of Environmental Resources (PADER)

submitted a revision to the Pennsylvania's SIP which establishes

emissions statement reporting requirements for stationary sources that

emit of nitrogen oxides (NOx) and volatile organic compounds

(VOCs), above specified actual emission applicability thresholds.

Other specific requirements of the SIP revision on Emission

Statements and the rationale for EPA's proposed action are explained in

the NPR and will not be restated here. No public comments were received

on the NPR.

Final Action

EPA is approving amendments to the regulation at Title 25 Pa. Code

chapter 135, to add section 135.5, Recordkeeping, and section 135.21,

Emission Statements, as a revision to the Commonwealth of Pennsylvania

SIP. Nothing in this section 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.

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

an October 4, 1993 memorandum from Michael Shapiro, Acting Assistant

Administrator for Air and Radiation. The OMB has exempted this

regulatory action from E.O. 12866 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 March 13, 1995. 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 to approve Pennsylvania's Emissions

Statement Program 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, Oxides of

nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile

organic compounds.

Dated: December 16, 1994.

Stanley L. Laskowski,

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--Commonwealth of Pennsylvania

2. Section 52.2020 is amended by adding paragraph (c)(96) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(96) Revisions to the Commonwealth of Pennsylvania Regulations

State Implementation Plan submitted on November 12, 1992 by the

Pennsylvania Department of Environmental Resources:

(i) Incorporation by reference.

(A) Letter of November 12, 1992 from the Pennsylvania Department of

Environmental Resources transmitting a revised regulation to establish

emission statements requirements annually for sources of nitrogen

oxides and volatile organic compounds.

(B) Revisions to amend 25 Pa. Code, specifically to include section

135.5 and section 135.21. Effective on October 10, 1992.

[FR Doc. 95-735 Filed 1-11-95; 8:45 am]

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