Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of Definitions for the Pennsylvania VOC and NOINFX/INF RACT and New Source Review Regulations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 042-4067; FRL-5869-5]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Approval of Definitions for the Pennsylvania VOC and

NOX RACT and New Source Review Regulations

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 definitions for twenty-seven terms used in the new source

review and reasonably available control technology (RACT) regulations.

The intended effect of this action is to approve the definitions in

Pennsylvania regulation, Chapter 121.1. This action is being taken

under section 110 of the Clean Air Act.

DATES: This final rule is effective October 14, 1997 unless within

September 11, 1997, adverse or critical comments are received. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO

and Mobile Sources, Mailcode 3AT21, 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;

Pennsylvania Department of Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania

17105.

FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl, (215) 597-9337, at

the EPA Region III address above, or via e-mail at

[email protected]. While information may be requested via

e-mail, any comments must be submitted in writing to the EPA Region III

address above.

SUPPLEMENTARY INFORMATION: On February 4, 1994, the Pennsylvania

Department of Environmental Protection (PA DEP) (formerly known as the

Pennsylvania Department of Environmental Resources) submitted a

revision to its State Implementation Plan (SIP) for twenty seven

definitions pertaining the control of VOC and NOX emissions

from major sources (Pennsylvania Chapters 129.91 through 129.95 and the

new source review regulations (Chapter 127).

Summary of Regulations

The Pennsylvania submittal includes the following new and revised

definitions in Chapter 121.1: Applicability determination, Best

Available Control Technology (BACT), creation, de minimis emission

increase, emission reduction credit (ERC), economic incentive program,

generation, Lowest Achievable Emission Rate (LAER)--revised, low

NOX burner with separated overfire air, marginal ozone

nonattainment area, mobile emission reduction credit (MERC), major

facility, major modification (revised), moderate ozone nonattainment

area, major NOX emitting facility, major VOC emitting

facility, National Ambient Air Quality Standard (NAAQS), Northeast

Ozone Transport Region, Oxides of Nitrogen (NOX), owner or

operator, PM-10, PM-10 precursor, Reasonably Available Control

Technology (RACT), secondary emissions (revised), serious ozone

nonattainment area, severe ozone nonattainment area, and state

implementation plan (SIP).

EPA Analysis

The Chapter 121.1 definitions associated with the Pennsylvania VOC

and NOX RACT regulation and the new source review

regulations conform to the definitions in the Act and to EPA's existing

requirements located in 40 CFR Part 52. Pennsylvania's proposed

definition of low NOX burner with separated overfire air

makes the applicability of this technology to the group of sources

specified in the regulation as ``coal-fired combustion units'' unclear.

However, although the sources covered by this requirement include

stoker and cyclone combustion units that do not have ``burners'' as

such, the Pennsylvania regulation requiring low NOX burners

and separated overfire air on 100mmBTU/hr coal fired

combustion units, can be practically and reasonably interpreted to

apply to only those units with burners. Therefore, the definition of

low NOX burners with separated overfire air is acceptable.

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 14, 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 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 14, 1997.

Final Action

EPA is approving the definitions contained in Chapter 121.1,

including the twenty seven definitions identified earlier in this

rulemaking, that were submitted on February 4, 1994 pertaining to VOC

and NOX RACT and new source review.

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.

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

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.

Approvals of SIP submittals 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, I certify

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

[[Page 43104]]

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).

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 regulation 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 of the Unfunded Mandates Act, 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 of the Unfunded Mandates Act 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.

Under 5 U.S.C. 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 5

U.S.C. 804(2).

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action pertaining to the definitions in

Pennsylvania Chapter 121 must be filed in the United States Court of

Appeals for the appropriate circuit by October 14, 1997. 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 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 24, 1997.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

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)(127) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(127) Revisions to the Pennsylvania Regulations, Chapter 121.1--

Definitions, submitted on February 4, 1994 by the Pennsylvania

Department of Environmental Protection (formerly Pennsylvania

Department of Environmental Resources) and effective on January 15,

1994.

(i) Incorporation by reference.

(A) Letter dated February 4, 1994 from the Pennsylvania Department

of Environmental Protection transmitting the definitions in Chapter 121

relating to the Pennsylvania VOC and NOx RACT regulation (Chapter

129.91 through 129.95) and new source review regulation (Chapter 127).

(B) Title 25 Pennsylvania Code, Chapter 121.1--definitions,

effective January 15, 1994.

[FR Doc. 97-21255 Filed 8-11-97; 8:45 am]

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