Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of a NOINFX/INF RACT Determination for Panther Creek Energy Facility

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-103-21a; FRL-5898-3]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Approval of a NOX RACT Determination for

Panther Creek Energy Facility

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

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

submitted by the Commonwealth of Pennsylvania. This revision

establishes and requires nitrogen oxides (NOX) reasonably

available control technology (RACT) for Panther Creek Energy Facility

located in Carbon County, Pennsylvania. The intended effect of this

action is to approve a source-specific operating permit that

establishes 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 November 28, 1997 unless notice is

received on or before October 29, 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.

[[Page 50872]]

FOR FURTHER INFORMATION CONTACT: Kelly L. Bunker, (215) 566-2177, at

the EPA Region III office or via e-mail at

Bunker.K[email protected]. While information may be requested via e-

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

address.

SUPPLEMENTARY INFORMATION: On September 13, 1996 and January 21, 1997,

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 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

submittal that is the subject of this document is meant to satisfy the

RACT requirements for one source in Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements for the source-specific

operating permit can be found in the docket and accompanying technical

support document (TSD) and will not be reiterated in this document.

Briefly, EPA is approving a revision to the Pennsylvania SIP pertaining

to the determination of RACT for one major source. The operating permit

contains conditions irrelevant to the determination of NOX

RACT. Consequently, these provisions are not being included in this

approval for source-specific NOX RACT.

RACT Determination

The Panther Creek Energy Facility is a cogeneration utility located

in Carbon County. NOX RACT for the facility is addressed in

operating permit # 13-0003. The majority of NOX emissions at

the facility are generated by two circulating fluidized bed (CFB)

boilers. The facility is not a major VOC source. NOX RACT

for the two CFB boilers was determined to be continuation of current

operating conditions which includes the operation of selective non-

catalytic reduction (SNCR) controls. The RACT emission rate for each

CFB boiler is never to exceed 0.15 pounds of NOX/MMBtu and

72.5 pounds/hour, based on an one-hour average. Further information on

the RACT requirements for this facility 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.

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 is effective

November 28, 1997 unless notice is received on or before October 29,

1997 that adverse or critical comments will be submitted.

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 November 28, 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 one operating permit as NOX RACT for

Panther Creek Energy Facility.

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

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 Act

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

[[Page 50873]]

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.

D. Submission to Congress and the General Accounting Office

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).

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 November 28, 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 a

NOX RACT determination for a one individual source in

Pennsylvania as a revision to the Commonwealths 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: September 16, 1997.

W. Michael McCabe,

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) (128) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(128) Revisions to the Pennsylvania Regulations, Chapter 129.91

pertaining to NOX RACT, submitted on September 13, 1996 and

January 21, 1997 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 NOX

RACT determinations in the form of an operating permit on the following

dates: September 13, 1996 and January 21, 1997.

(B) Operating permit (OP). Panther Creek Energy Facility, Carbon

County, OP # 13-0003, effective date of December 2, 1996, except for

condition # 7 pertaining to particulate, PM-10, SO2, CO and VOC

emission limits, condition # 10 pertaining to particulate emissions,

condition # 11 pertaining to opacity, condition # 12 pertaining to the

Standards of Performance for New Stationary Sources and the expiration

date.

(ii) Additional material.

(A) Remainder of the Commonwealth of Pennsylvania's September 13,

1996 and January 21, 1997 submittals.

[FR Doc. 97-25755 Filed 9-26-97; 8:45 am]

BILLING CODE 6560-50-F