Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of VOC and NOINFX/INF RACT Determinations for Individual Sources

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIPTRAX No. PA-4057a; FRL-5835-4]

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 five major sources located in Pennsylvania. The intended effect of

this action is to approve source-specific plan approvals and 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 will become effective August 11, 1997 unless notice

is received on or before July 11, 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 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: Ruth E. Knapp, (215) 566-2191, at the

EPA Region III office or via e-mail at [email protected].

While information may be requested via e-mail, any comments must be

submitted in writing to the above Region III address.

SUPPLEMENTARY INFORMATION: On December 8, 1995, February 20, 1996,

March 21, 1996, April 16, 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

notice, 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 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 five 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 five major

sources. Several of the plan approvals and 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 plan approvals and

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

request from the EPA Region III office listed in the ADDRESSES section

of this notice.

[[Page 31733]]

Pennsylvania--VOC and NOX RACT Determinations for Individual Sources

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Plan approval (PA #),

Source County operating permit (OP #), Source type ``Major source''

compliance permit (CP #), pollutant

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CNG Transmission Corp., Ellisburg Potter................... PA 53-0004A, OP 53-0004, Natural Gas Transmission............. NOX, VOC.

CP 53-0004A.

CNG Transmission Corp., Greenlick Potter................... PA 53-0003A, OP 53-0003, Natural Gas Transmission............. NOX, VOC.

CP 53-0003A.

CNG Transmission Corp., Crayne... Greene................... OP 30-000-089............ Natural Gas Transmission............. NOX.

CNG Transmission Corp., State Potter................... OP 53-0008............... Natural Gas Transmission............. NOX, VOC.

Line Station.

CNG Transmission Corp., Big Run.. Jefferson................ PA 33-147................ Natural Gas Transmission............. NOX.

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Several of the plan approvals/operating permits contain a provision

that allows for future changes to the emission limitations based on

Continuous Emissions Monitoring (CEM) or other monitoring data. Since

EPA cannot approve emission limitations that are not currently before

it, any changes to the emission limitations as submitted to EPA on

December 8, 1995, February 20, 1996, March 21, 1996, April 16, 1996,

and September 13, 1996, must be resubmitted to and approved by EPA in

order for these changes to be incorporated into the Pennsylvania SIP.

Consequently, the source-specific RACT emission limitations that are

being approved into the Pennsylvania SIP are those that were submitted

on the above-mentioned dates and are the subject of this rulemaking

notice. These emission limitations will remain unless and until they

are replaced pursuant to 40 CFR part 51 and approved by the U.S. EPA.

In addition, several of the plan approvals and operating permits

contain a general provision that would allow compliance date extensions

at the request of the source and approval by Pennsylvania without EPA

approval. While EPA does not automatically dismiss the possibility of

compliance date extensions, EPA cannot pre-approve compliance date

extensions through a general provision such as that which occurs in

those plan approvals and operating permits.

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 August 11, 1997 unless, within 30 days of publication,

adverse or critical comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent notice 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 August 11, 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 three plan approvals, four operating permits and

two compliance permits as RACT for five 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 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

[[Page 31734]]

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 August 11, 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: May 21, 1997.

W. T. Wisniewski,

Acting, Regional Administrator, Region III.

40 CFR part 52, subpart NN of chapter I, title 40 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)(121) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(121) Revisions to the Pennsylvania Regulations, Chapter 129.91

pertaining to VOC and NOX RACT, submitted on December 8,

1995, February 20, 1996, March 21, 1996, April 16, 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) Five 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 plan approvals or

operating permits on the following dates: December 8, 1995, February

20, 1996, March 21, 1996, April 16, 1996, and September 13, 1996.

(B) Plan approvals (PA), Operating permits (OP), Compliance permits

(CP):

(1) CNG Transmission Corporation--Ellisburg, Potter County, OP-53-

0004, effective February 29, 1996, except for the expiration date of

the operating permit; PA-53-0004A effective February 29, 1996, except

for the expiration date of the plan approval; and CP-53-0004A except

for the expiration date, except for item #6 regarding future compliance

extensions.

(2) CNG Transmission Corporation--Greenlick Compressor Station,

Potter County, PA-53-0003A, effective December 18, 1995, except for the

plan approval expiration date, except for the portion of item #3

regarding carbon monoxide (CO) emissions increases, except the portion

of item #4 regarding CO emission limitations; OP-53-0003, effective

December 18, 1995 except for the operating permit expiration date; and

CP-53-0003A, except for the expiration date of the compliance permit,

except for item #6 regarding future compliance extensions.

(3) CNG Transmission Corporation--Crayne Station, Greene County, OP

30-000-089, effective December 22, 1995 except for the expiration date

of the operating permit, except for the portion of item #4 regarding CO

emission limitations, except for item #9 regarding emission limitation

revisions.

(4) CNG Transmission Corporation--State Line Station, Potter

County, OP-53-0008, effective January 10, 1996 except for the

expiration date of the operating permit, except for the portions of

item #22 regarding CO emission limitations.

(5) CNG Transmission Corporation--Big Run, Jefferson County, PA 33-

147, effective June 27, 1995, except for item #9 regarding emission

limitation revisions.

(ii) Additional Material.

(A) Remainder of the Commonwealth of Pennsylvania's December 8,

1995, February 20, 1996, March 21, 1996, April 16, 1996, and September

13, 1996 submittals pertaining to the RACT determinations for the five

sources listed in (i) above.

[FR Doc. 97-15095 Filed 6-10-97; 8:45 am]

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