Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania-Emission Statement Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA028-5913a; FRL-5427-2]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania-Emission Statement Program

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 for the Allegheny County

portion of the SIP. This revision consists of an emission statement

program for stationary sources that 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 a regulation for annual reporting of actual emissions by

sources that emit VOC and/or NOX within the county of Allegheny in

accordance with the 1990 Clean Air Act (CAA). This action is being

taken under section 110 of the CAA.

DATES: This action is effective June 3, 1996 unless notice is received

on or before May 2, 1996 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 must be mailed to Marcia L. Spink, Associate

Director, Air Programs, Mailcode 3AT00, 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 EPA office

listed above; 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 Control, P.O. Box 8468, 400 Market Street, Harrisburg,

Pennsylvania 17105; Allegheny County Health Department, Bureau of Air

Pollution Control, 301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 597-3164, at the

EPA Region III address above. Information can also be requested via E-

mail (Q[email protected]); however, comments must still be

submitted in writing.

SUPPLEMENTARY INFORMATION: On December 31, 1992, the Commonwealth

[[Page 14494]]

of Pennsylvania Department of Environmental Protection (PaDEP)

submitted a SIP revision to EPA on Emission Statements. This revision

would add new section E to the Allegheny County Health Department-

Bureau of Air Pollution Control (ACHD) Rules and Regulations, Article

XX, Chapter II (Inspections, Reporting, Tests and Monitoring), Sec. 202

(Reporting Requirements).

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 CAA, as amended by the Clean Air Act

Amendments of 1990. EPA published a ``General Preamble'' describing

EPA's preliminary views on how it intends to review SIPs 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 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'' (GESP), July, 1992. EPA 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 CAA sets out a graduated control program for

ozone nonattainment areas. Section 182(a) sets out requirements

applicable in marginal ozone nonattainment areas, which are also

applicable by sections 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 VOCs and

NOX. This section of the CAA provides that the states are to

submit a revision to their SIPs by November 15, 1992 establishing this

emission statement program.

If a 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.

States may waive, with EPA approval, the requirement for an

emission statement for classes or categories of sources with less than

25 tons per year of actual plant-wide NOX or 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 the EPA

publication AP-42, ``Compilation of Air Pollutant Emission Factors''

(AP-42, Fifth Edition, January 1995), or other methods acceptable to

EPA.

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

--P rocess 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 Pennsylvania's Submittal

A. Procedural Background

In accordance with the requirements of 40 CFR Sec. 51.102, ACHD

held a public hearing on August 27, 1992 to solicit public comments on

the implementation plan for Allegheny County, Pennsylvania. Following

the public hearing, the plan was adopted on September 16, 1992 and

submitted to EPA on December 31, 1992 as a revision to the SIP.

B. Components of Pennsylvania's Emission Statement Program

There are several key and specific components of an acceptable

emission statement program. Specifically, Pennsylvania must submit a

revision to its SIP consisting of an emission statement program that

meets the minimum requirements for reporting by the sources and the

state. For the emission statement program to be approvable,

Pennsylvania's SIP revision must include, at a minimum, definitions and

provisions for applicability, compliance, and specific source reporting

requirements and reporting forms.

Pennsylvania's emission statement report form has been revised by

amending and adding the definitions of the following terms: actual

emissions, annual fuel process rate, certifying individual, control

efficiency, emission factor, emission method code, emission units,

facility, oxides of nitrogen, peak ozone season, percent seasonal

throughput, process rate, and volatile organic compounds.

ACHD Rules and Regulations, Article XX, Chapter II, Sec. 202,

section E requires that persons responsible for each stationary source

that emits 25 tpy or more of NOX or VOC per calendar year shall

report the levels of emissions from the sources in order to track

emission reductions and attain the National Ambient Air Quality

Standard (NAAQS). The reporting provisions waives the requirement for

sources that emit less than 25 tpy under the condition that the class

or category is included in the base year and periodic inventories, and

the emission factors established by EPA or other methods acceptable to

EPA. In addition, section E also requires that a certifying official

for each facility provide Pennsylvania with a statement reporting

emissions by April 30 of each year, beginning with April 30, 1993 for

the emissions discharged during the previous calendar year. Section E

in conjunction with the report form provisions, provide specific

requirements for the content of these annual emission statements.

C. Enforceability

The Commonwealth of Pennsylvania has provisions in its SIP which

ensure that the emission statement requirements of section 182(a)(3)(B)

and sections 184(b)(2) and 182(f) of the CAA, as required by new

section E to the ACHD Rules and Regulations, Article XX, Chapter II

(Inspections, Reporting, Tests and Monitoring), Sec. 202 (Reporting

Requirements), are adequately enforced.

EPA has determined that the submittal made by the Commonwealth of

Pennsylvania satisfies the relevant requirements of the CAA and EPA's

guidance document, ``Guidance on the Implementation of an Emission

Statement Program'' (GESP), July 1992. EPA's detailed review of

Pennsylvania's Emission Statement Program is contained in a Technical

Support Document (TSD) which is available, upon request, from the EPA

Regional Office listed in the ADDRESSES section of this document.

III. Final Action

EPA is approving a revision to the Pennsylvania SIP to include an

Emission Statement Program consisting of the addition of new section E

to the Allegheny County Health Department-Bureau of Air Quality Control

(ACHD) Rules and Regulations, Article XX,

[[Page 14495]]

Chapter II (Inspections, Reporting, Tests and Monitoring), Sec. 202

(Reporting Requirements). This revision was submitted to EPA by the

Commonwealth of Pennsylvania on December 31, 1992.

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 become

effective June 3, 1996 unless, by May 2, 1996, 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 June 3, 1996.

Nothing in this action 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 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 CAA

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 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. EPA, 427

U.S. 246, 255-66 (1976); 42 U.S.C. 7410 (a) (2).

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 that includes a Federal mandate that may result in estimated

costs to state, local, or tribal governments in the aggregate; or to

the 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 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.

This action has been classified as 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.

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by June 3, 1996. 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 approving Pennsylvania's Emission 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, Volatile

organic compounds, Oxides of nitrogen, Ozone, Reporting and

recordkeeping requirements, and SIP requirements.

Dated: February 2, 1996.

W. T. Wisniewski,

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)(97) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(97) Revisions to the Pennsylvania State Implementation Plan

submitted by the Secretary, Pennsylvania Department of Environmental

Protection on December 31, 1992.

(i) Incorporation by reference.

(A) Letter dated December 31, 1992 from the Secretary, Pennsylvania

Department of Environmental Protection, submitting a revision to the

Allegheny County portion of the Pennsylvania State Implementation Plan.

(B) Addition of new section E to the Allegheny County Health

Department-Bureau of Air Pollution Control (ACHD) Rules and

Regulations, Article XX, Chapter II (Inspections, Reporting, Tests and

Monitoring), Sec. 202 (Reporting Requirements) were effective on

October 8, 1992. 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. This program applies to stationary sources

within the county of Allegheny.

(ii) Additional material.

(A) Remainder of December 31, 1992 state submittal pertaining to

Pennsylvania Emission Statement Program.

* * * * *

[FR Doc. 96-7913 Filed 4-1-96; 8:45 am]

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