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-4082a; FRL-6194-3]

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 taking direct final action on revisions to the 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 five major sources located in

Pennsylvania. EPA is approving these source-specific plan approvals,

operating and compliance permits that establish the above-mentioned

RACT requirements in accordance with the Clean Air Act.

DATES: This direct final rule is effective on February 1, 1999 without

further notice, unless EPA receives adverse written comment by January

4, 1999. If EPA receives such comments, it will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect.

ADDRESSES: Comments may be mailed to Kathleen Henry, Air Protection

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

III, 1650 Arch Street, 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 Street,

[[Page 66756]]

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

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Linda Miller (215) 814-2068, 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 May 31, 1995, November 15, 1995, March 21, 1996, and September

13, 1996, the Commonwealth of Pennsylvania submitted formal revisions

to its State Implementation Plan (SIP). The SIP revision establishes

and requires volatile organic compounds (VOC) and nitrogen oxides

(NOx) reasonably available control technology (RACT) for

five major sources located in Pennsylvania. 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 five sources in Pennsylvania.

Summary of SIP Revision

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

approvals, operating 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 five

major sources. Several of the plan approvals, compliance 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,

operating and compliance 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''

Source County #) Compliance Permit Source type pollutant

(CP #)

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Columbia Gas Transmission Bedford.................. PA 05-2006 Natural Gas Transmission..................... NOx.

Corportation-Artemas Compressor

Station.

Columbia Gas Transmission Washington............... PA 63-000-631 Natural Gas Transmission..................... NOx and VOC.

Corportation-Donegal Compressor

Station.

Columbia Gas Transmission Adam..................... OP 01-2003 Natural Gas Transmission..................... NOx.

Corportation-Gettysburg

Compressor Station.

Columbia Gas Transmission Chester.................. OP 15-631 Natural Gas Transmission..................... NOx and VOC.

Corportation-Eagle Compresor

Station.

Columbia Gas Transmission Chester.................. CP 15-0020 Natural Gas Transmission..................... NOx.

Corportation-Downingtown

Compressor Station.

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EPA is approving this rule without prior proposal because the

Agency views this as a noncontroversial submittal 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

comments be filed. This rule will be effective February 1, 1999 without

further notice unless the Agency receives adverse comments by January

4, 1999.

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. Parties interested in commenting

should do so at this time. If no such comments are received, the public

is advised that this rule will be effective on February 1, 1999 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 two plan approvals, two operating permits and one

compliance permit for NOx and/or VOC RACT for five

individual sources.

[[Page 66757]]

III. Administrative Requirements

A. Executive Order 12866

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

regulatory action from review under E.O. 12866, entitled ``Regulatory

Planning and 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

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 13045

Executive Order 13045, entitled ``Protection of Children from

Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,

1997), applies to any rule that the EPA determines (1) is

``economically significant,'' as defined under Executive Order 12866,

and (2) the environmental health or safety risk addressed by the rule

has 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 final rule is not subject to Executive Order 13045 because it

is not an economically significant regulatory action as defined by

Executive Order 12866, and it does not address an environmental health

or safety risk that would have a disproportionate effect on children.

D. 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, Executive Order 13084 requires EPA to develop

an effective process permitting elected and other 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. This action does not involve or impose any requirements

that affect Indian Tribes. Accordingly, the requirements of section

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

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, 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. versus U.S. EPA, 427 U.S. 246, 255-66

(1976); 42 U.S.C. 7410(a)(2).

F. 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

annual 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 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 annual 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.

G. Submission to Congress and the Comptroller General

The 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. Section 804, however, exempts from section 801 the

following types of rules: rules of particular applicability; rules

relating to agency management or personnel; and rules of agency

organization, procedure, or practice that do not substantially affect

the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA

is not required to submit a rule report regarding today's action under

section 801 because this is a rule of particular applicability.

[[Page 66758]]

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 February 1, 1999. 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 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: November 13, 1998.

William Wisnewski,

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 et seq.

Subpart NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraph (c)(137) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(137) Revisions to the Pennsylvania Regulations, Chapter 129.91

pertaining to VOC and NOX RACT, submitted on May 31, 1995,

November 15, 1995, March 21, 1996 and September 13, 1996 by the

Pennsylvania Department of Environmental Protection.

(i) Incorporation by reference.

(A) Four letters submitted by the Pennsylvania Department of

Environmental Protection transmitting source-specific VOC and/or

NOX RACT determinations in the form of plan approvals,

operating or compliance permits on the following dates: May 31, 1995,

November 15, 1995, September 13, 1996 and March 21, 1996.

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

(CP):

(1) Columbia Gas Transmission Corporation--Artemas Compressor

Station, Bedford County, PA O5-2006, effective April 19, 1995; except

for the plan approval expiration date and item (or portions thereof)

Nos. 4 and 13 relating to non-RACT provisions.

(2) Columbia Gas Transmission Corporation--Donegal Compressor

Station, Washington County, PA 63-000-631, effective July 10, 1995;

except for the plan approval expiration date and item (or portions

thereof) Nos. 9 and 20 relating to non-RACT provisions.

(3) Columbia Gas Transmission Corporation--Gettysburg Compressor

Station, Adam County, OP 01-2003, effective April 21, 1995; except for

the operating permit expiration date and item (or portions thereof) No.

13 relating to non-RACT provisions.

(4) Columbia Gas Transmission Corporation--Eagle Compressor

Station, Chester County, OP 15-022, effective February 1, 1996; except

for the operating permit expiration date and item (or portions thereof)

Nos. 9 and 10 relating to non-RACT provisions.

(5) Columbia Gas Transmission Corporation--Downingtown Compressor

Station, Chester County, CP-15-0020, effective September 15, 1995;

except for the compliance permit expiration date and item (or portions

thereof) Nos. 2 and 6 relating to non-RACT provisions.

(ii) Additional Material--Remainder of the Commonwealth of

Pennsylvania's May 31, 1995, November 15, 1995, March 21, 1996 and

September 13, 1996 VOC and NOX RACT SIP submittals.

[FR Doc. 98-32006 Filed 12-2-98; 8:45 am]

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