Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of Revision to the 1990 Baseyear Inventory for Rockwell Heavy Vehicles, Inc.

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 114-4085; FRL-6325-5]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Approval of Revision to the 1990 Baseyear Inventory for

Rockwell Heavy Vehicles, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the

Commonwealth of Pennsylvania State Implementation Plan (SIP) submitted

by the Pennsylvania Department of Environmental Protection (PADEP) on

April 8, 1998. This revision consists of including the carbon monoxide

(CO), volatile organic compounds (VOC) and nitrogen oxides

(NOX) emissions from Rockwell Heavy Vehicles, Inc., New

Castle Forge Plant, in Lawrence County (Rockwell) in the point source

portion of Pennsylvania's 1990 baseyear emission inventory. The

intended effect of this action is to grant approval of the revision to

the 1990 baseyear inventory and in so doing to render Rockwell's

emissions eligible for consideration as emission reduction credits

(ERCs) in accordance with the Pennsylvania SIP.

DATES: This direct final rule is effective on June 15, 1999, without

further notice, unless EPA receives adverse comments by May 17, 1999.

If adverse comments are received, EPA 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: Written comments should be addressed to David L. Arnold,

Chief, Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S.

Environmental

[[Page 18819]]

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, Philadelphia, Pennsylvania 19103; the Air and

Radiation Docket and Information Center, U.S. Environmental Protection

Agency, 401 M Street, SW, Washington, DC 20460; and Pennsylvania

Department of Environmental Protection, Bureau of Air Quality, P.O. Box

8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Janice M. Lewis, (215) 814-2185, 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:

I. Background

On April 8, 1998, PADEP formally submitted an amendment to its 1990

baseyear emission inventory as a SIP revision. The revision was made to

include the CO, VOC and NOX emitted by Rockwell as part of

the point source portion of 1990 baseyear inventory. Previously this

source's emissions were included are part of the area source portion of

the 1990 baseyear inventory because it is a minor source.

II. Summary of the SIP Revision

Rockwell was a paint coater of motor vehicle parts and was

considered an existing minor source for SIP planning purposes. The

entire plant shut down on May 31, 1993. Because it was a minor source,

Rockwell's 1990 emissions were included in the area source portion of

the Pennsylvania 1990 baseyear emission inventory. On April 8, 1998,

Pennsylvania requested a SIP revision to transfer Rockwell's 1990

emissions of CO, VOC and NOX from the area source portion of

the SIP-approved 1990 baseyear inventory to the point source portion of

that inventory. In so doing PADEP listed Rockwell (by name) as a point

source, specified its emissions of CO, VOC and NOX, and

rendered those emissions eligible for consideration as ERCs in

accordance with the relevant requirements of the Pennsylvania SIP's new

source review permitting program.

This SIP revision is the mechanism chosen by PADEP for EPA to

recognize Rockwell's specifically quantified 1990 emissions so they

meet the eligibility criteria to be used as ERCs. Under the SIP-

approved new source review regulation, emission reductions to be used

as ERCs for purposes of satisfying emission offset requirements must be

surplus, permanent, quantifiable and both state and federally

enforceable. To satisfy these requirements, EPA is approving

Pennsylvania's request to include Rockwell and its emissions of CO, VOC

and NOX in the point source portion of the SIP-approved 1990

baseyear inventory. EPA is also recognizing these emissions of CO, VOC

and NOX as eligible for consideration as ERCs.

The CO, VOC and NOX emissions reductions were generated

by the shutdown of the natural gas units and the spray booth at the

Rockwell Heavy Vehicles, Inc. The plant wide emissions for 1990 for

Rockwell Heavy Vehicles, Inc. were 8.3 tons per year (TPY) of CO, 13.4

TPY of VOC and 64.2 TPY of NOX. Pennsylvania is requesting

that these emissions be included for Rockwell in the point source

portion of the SIP-approved 1990 baseyear inventory. The Pennsylvania

banking rules (Chapter 127.206 and 127.207) permit the banking of

emission reductions as ERCs provided that these reductions meet certain

criteria, including being quantifiable, permanent, surplus and

enforceable. Approval of this SIP revision for Rockwell renders the

emission reductions generated by the shutdown of the facility eligible

as ERCs under the Pennsylvania SIP. Additional details of the

determination may be found in PADEP's submittal and the technical

support document (TSD) prepared to support this rulemaking. Copies of

these materials are available, upon request, from the EPA Regional

office listed in the ADDRESSES section of this document.

EPA is approving the revision to the SIP-approved 1990 baseyear

emission inventory to include Rockwell Heavy Vehicle, Inc. as a point

source and is recognizing its emissions of CO, VOC and NOX

generated by the 1993 shutdown of the facility as being eligible for

consideration as ERCs under the Pennsylvania SIP.

EPA is publishing this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in the ``Proposed Rules'' section of

today's Federal Register, EPA is publishing a separate document that

will serve as the proposal to approve the SIP revision should adverse

comments be filed. This SIP revision will be effective June 15, 1999,

without further notice unless the Agency receives adverse comments by

May 17, 1999. If EPA receives such comments, then EPA will publish a

timely withdrawal in the Federal Register informing the public that the

action did not take effect. EPA will address all public comments in a

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

institute a second comment period on this action. Parties interested in

commenting on this action should do so at this time.

III. Final Action

EPA is approving the revision to the SIP-approved 1990 baseyear

emission inventory to include Rockwell Heavy Vehicle, Inc. as a point

source, submitted by the Commonwealth of Pennsylvania on April 8, 1998.

In so doing EPA is recognizing the emission reductions of CO,

NOX and VOCs generated by the 1993 shutdown of the facility

as eligible ERCs under the Pennsylvania SIP.

IV. 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 EPA complies by consulting, E.O. requires EPA to

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.

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C. Executive Order 13045

E.O. 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 E.O. 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 E.O. 13045 because it is not an

economically significant regulatory action as defined by E.O. 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 EPA complies by

consulting, Executive Order 13084 requires EPA to 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 conditional 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 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. v. 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 regulation that includes a Federal mandate that may result in

estimated annual costs to State, local, or tribal governments in the

aggregate; or to the 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 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

federal 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 that

affects only the Rockwell Heavy Vehicles, Inc., New Castle Forge Plant

located in Lawrence County, Pennsylvania.

H. Petitions for Judicial Review

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

judicial review of this action to approve the 1990 baseyear emission

inventory for Rockwell Heavy Vehicle, Inc. submitted by DEP must be

filed in the United States Court of Appeals for the appropriate circuit

by June 15, 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 the 1990 base year emission inventory for Rockwell Heavy

Vehicle, Inc. 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, Carbon monoxide,

Hydrocarbons, Ozone.

Dated: April 5, 1999.

Thomas C. 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 et seq.

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Subpart NN--Pennsylvania

2. Section 52.2036 is amended by adding paragraph (k) to read as

follows:

Sec. 52.2036 1990 Baseyear emission inventory .

* * * * *

(k) Rockwell Heavy Vehicle, Inc., New Castle Forge Plant, Lawrence

County--On April 8, 1998 the Pennsylvania Department of Environmental

Protection requested that EPA include the CO, VOC and NOX

emissions from this facility in the 1990 base year emission inventory.

The CO, VOC and NOX emissions from the natural gas units and

the spray booth of this facility are hereby approved as part of the

1990 point source inventory. The 1990 CO, VOC and NOX

emissions from the natural gas units are 8.3 TPY, 1.2 TPY and 64.2 TPY,

respectively. The 1990 VOC emissions from the spray booth is 12.1 TPY.

[FR Doc. 99-9464 Filed 4-15-99; 8:45 am]

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