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-4076a; FRL-6166-1]

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)

for four (4) major sources located in Pennsylvania. The intended effect

of this rule is to approve source-specific plan approvals, operating

permits and compliance permits that establish the above-mentioned RACT

requirements in accordance with the Clean Air Act.

DATES: This final rule is effective December 7, 1998 unless within

November 9, 1998, adverse or critical comments are submitted. If EPA

receives such comment, it will publish a timely withdrawal in the

Federal Register informing the public that this rule will not take

effect.

ADDRESSES: Comments may be mailed to David Campbell, Air Protection

Division, Mailcode 3AP11, U.S. Environmental Protection Agency, Region

III, 1650 Arch St., Philadelphia, Pennsylvania 19103. Copies of the

documents relevant to this action are available for public inspection

during normal business hours at the Air Protection Division, U.S.

Environmental Protection Agency, Region III, 1650 Arch St.,

Philadelphia, Pennsylvania 19103; 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

[[Page 54051]]

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

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: David Campbell, (215) 814-2196, 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:

I. Background

On February 20, May 2, 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 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 document are meant to satisfy

the RACT requirements for four (4) sources in Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements for the source-specific plan

approvals, operating permits and compliance permits 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 four

(4) major sources.

RACT Determinations

The following table identifies the individual plan approvals,

operating permits and compliance permits EPA is approving as RACT for

natural gas transmission stations which emit VOC and NOX.

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 #), compliance

Source County permit (CP #)

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Consolidated Natural Gas Potter........ PA 53-0005A, OP 53-0005, CP 53-0005A.

Transmission Corporation--

Harrison Station.

Consolidated Natural Gas Clinton....... PA 18-0004A, OP 18-0004, CP 18-0004A.

Transmission Corporation--

Leidy Station.

Consolidated Natural Gas Tioga......... PA 59-0002A, OP 59-0002, CP 59-0002A.

Transmission Corporation--

Sabinsville Station.

Consolidated Natural Gas Tioga......... OP 59-0006.

Transmission Corporation--

Tioga Station.

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Several of the plan approvals, operating permits and compliance

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 February 20, May 2, 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.

EPA is approving this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the rule should adverse or

critical comments be filed. This rule will be effective December 7,

1998 without further notice unless the Agency receives relevant adverse

comments by November 9, 1998.

If EPA receives such comments, then EPA will publish a document

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. EPA will not

institute a second comment period on the proposed rule. Only parties

interested in commenting on this rule should do so at this time. If no

such comments are received, the public is advised that this rule will

be effective on December 7, 1998 and no further action will be taken on

the proposed rule. If adverse comments are received that do not pertain

to all paragraphs subject to this rule, those paragraphs not affected

by the adverse comments will be finalized in the manner described here.

Only those paragraphs that receive adverse comments will be withdrawn

in the manner described here.

II. Final Action

EPA is approving three (3) plan approvals, four (4) operating

permits and three (3) compliance permits as RACT for four (4)

individual sources.

III. Administrative Requirements

A. Executive Order 12866

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

regulatory action from E.O. 12866 review.

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

[[Page 54052]]

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.'' Today's rule does not

create a mandate on state, local or tribal governments. The rule does

not impose any enforceable duties on these entities. Accordingly, the

requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, representatives of Indian tribal governments

``to provide meaningful and timely input in the development of

regulatory policies on matters that significantly or uniquely affect

their communities.'' Today's rule does not significantly or uniquely

affect the communities of Indian tribal governments. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

D. Regulatory Flexibility Act

Redesignation of an area to attainment under section 107(d)(3)(E)

of the CAA does not impose any new requirements on small entities.

Redesignation is an action that affects the status of a geographical

area and does not impose any regulatory requirements on sources. To the

extent that the area must adopt new regulations, based on its

attainment status, EPA will review the effect of those actions on small

entities at the time the State submits those regulations. The

Administrator certifies that the approval of the redesignation request

will not affect a substantial number of small entities.

E. Unfunded Mandates

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

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

F. Submission to Congress and the Comptroller General

Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

G. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be economically significant as defined under Executive

Order 12866, and (2) concerns an environmental health or safety risk

that EPA has reason to believe may have a disproportionate effect on

children. If the regulatory action meets both criteria, the Agency must

evaluate the environmental health or safety effects of the planned rule

on children, and explain why the planned regulation is preferable to

other potentially effective and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to E.O. 13045 because it is does not

involved decisions intended to mitigate environmental health or safety

risks.

H. 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 December 7, 1998. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this 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

an action. This action may not be challenged later in proceedings to

enforce its requirements. (See section 307(b)(2).) EPA encourages

interested parties to comment in response to the proposed redesignation

rather than petition for judicial review, unless the objection arises

after the comment period allowed for in the proposal.

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 11, 1998.

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 et seq.

Subpart NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraph (c)(134) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(134) Revisions to the Pennsylvania Regulations, Chapter 129.91

pertaining to VOC and NOX RACT, submitted on February 20,

May 2, 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) Three (3) 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,

operating permits or compliance permits on the following dates:

February 20, May 2, and September 13, 1996.

(B) Plan Approvals (PA), Operating Permits (OP), Compliance Permits

(CP):

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(1) CNG Transmission Corporation--Harrison, Potter County, PA 53-

0005A, effective April 16, 1996, except for the plan approval

expiration date and item (or portions thereof) Nos. 4, 9, and 20

relating to non-RACT provisions; OP 53-0005, effective April 16, 1996,

except for the operating permit expiration date and item No. 23

relating to non-RACT provisions; and CP 53-0005A effective April 16,

1996.

(2) CNG Transmission Corporation--Leidy, Clinton County, PA 18-

0004A, effective March 25, 1996, except for the plan approval

expiration date and item No. 11 relating to non-RACT provisions; OP 18-

0004, effective February 29, 1996, except for the operating permit

expiration date and item Nos. 14, 25 and 28 relating to non-RACT

provisions; and CP 18-0004A effective March 25, 1996.

(3) CNG Transmission Corporation--Sabinsville, Tioga County, PA 59-

0002A, effective December 18, 1995, except for the plan approval

expiration date and item (or portions thereof) Nos. 3, 4, 5 and 10

relating to non-RACT provisions; OP 59-0002, effective December 18,

1995, except for the operating permit expiration date and item No. 15

relating to non-RACT provisions, and CP 59-0002A effective December 18,

1995.

(4) CNG Transmission Corporation--Tioga, Tioga County, OP 59-0006,

effective January 16, 1996, except for the operating permit expiration

date and item (or portions thereof) Nos. 9, 21, 24 and 28 relating to

non-RACT provisions.

(ii) Additional Material.

(A) Remainder of the Commonwealth of Pennsylvania's February 20,

May 2, and September 13, 1996 VOC and NOX RACT SIP

submittals for the relevant sources.

[FR Doc. 98-26895 Filed 10-7-98; 8:45 am]

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