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

[PA-4051a; FRL-5865-8]

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 two major sources located in Pennsylvania. The intended effect of

this action is to approve source-specific 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 is effective October 20, 1997 unless notice is

received on or before September 22, 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 J. 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: Rose Quinto, (215) 566-2182, 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 January 10, 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 document, 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

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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 two 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 two major

sources. The 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 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 further request,

from the EPA Region III office listed in the ADDRESSES section of this

document.

Pennsylvania--VOC and NOX RACT Determinations for Individual Sources

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Plan approval (PA #)

operating permit (OP ``Major

Source County #) compliance permit Source type source''

(CP #) pollutant

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Heinz Pet Products.......... Columbia............. OP-19-0003 Pet food processing VOC

and can

manufacturing.

Graco Children's Products, Chester.............. OP-15-0006 Children's products VOC

Inc. manufacturing

(surface coating).

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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 20, 1997 unless, by September 22, 1997, 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 20, 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 two operating permits as RACT for two 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

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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 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 October 20, 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: July 22, 1997.

Thomas Voltaggio,

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)(119) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(119) Revisions to the Pennsylvania Regulations, Chapter 129.91

pertaining to VOC and NOX RACT, submitted on January 10,

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) Two 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 operating permits on

the following dates: January 10, 1996 and September 13, 1996.

(B) Operating permits (OP):

(1) Heinz Pet Products, Columbia County, OP-19-0003, effective

November 27, 1995, except for the expiration date of the operating

permit and conditions No. 15 through No. 24 pertaining to non-VOC and

non-NOX pollutants.

(2) Graco Children's Products, Inc., Chester County, OP-15-0006,

effective November 30, 1995, except for the expiration date of the

operating permit.

(ii) Additional material.

(A) Remainder of the Commonwealth of Pennsylvania's January 10,

1996 and September 13, 1996 submittals.

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[FR Doc. 97-22069 Filed 8-20-97; 8:45 am]

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