[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17298]


[[Page Unknown]]

[Federal Register: July 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[PA25-1-5994; FRL-5013-6]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania--Emission Statement Program

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Pennsylvania for the purpose 
of implementing an emission statement program for stationary sources 
applicable in the entire Commonwealth of Pennsylvania. The SIP revision 
was submitted by the Commonwealth to satisfy the federal requirements 
for an emission statement program as part of the SIP for the 
Commonwealth of Pennsylvania.

DATES: Comments on this proposed action must be received in writing by 
August 15, 1994.

ADDRESSES: Comments must be mailed to Thomas J. Maslany, Director, Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania, 19107. 
Copies of the Commonwealth's submittal and other information are 
available for public inspection during normal business hours at the 
following location: Environmental Protection Agency, Region III, Air, 
Radiation, and Toxics Division, 841 Chestnut Building, Philadelphia, PA 
19107; Commonwealth of Pennsylvania Department of Environmental 
Resources Bureau of Air Quality Control, P.O. Box 8468, Market Street 
Office Bldg., Harrisburg, PA 17105-8468.

FOR FURTHER INFORMATION CONTACT: Enid A. Gerena, (3AT14), U.S. 
Environmental Protection Agency, Air, Radiation, and Toxics Division, 
841 Chestnut Building, Philadelphia, PA 19107, (215) 597-8239.

SUPPLEMENTARY INFORMATION: On November 12, 1992, the Pennsylvania 
Department of Environmental Resources (PADER) submitted a revision to 
the Pennsylvania's SIP which establishes emissions statement 
requirements for sources of nitrogen oxides (NOx) and volatile 
organic compounds (VOCs).
    The revision consists of amendments to Title 25 Pa. Code Chapter 
135. Section 135.21 provides the actual requirements for the submittal 
of emission statements by owners or operators of stationary sources 
emitting NOx and/or VOCs located in ozone nonattainment areas 
designated by the Clean Air Act (CAA) as marginal, moderate, serious, 
severe or extreme. Under 25 Pa. Code section 135.21, emission statement 
requirements would also apply to stationary sources of NOx and/or 
VOCs in areas included in the Northeast Ozone Transport Region which 
emit or have the potential to emit 100 tons per year of NOx or 50 
tons per year of VOC. Each facility will provide the Commonwealth with 
a certified statement reporting emissions in accordance with EPA 
guidance requirements. The Commonwealth's annual emission statements 
are due by March 1 for the preceding calendar year beginning with March 
1, 1993 for calendar year 1992.
    Section 135.5 identifies records that facilities are required to 
maintain and report to PADER to support emission inventory and emission 
statement data reports.

I. Background

    The air quality planning and SIP requirements for ozone 
nonattainment and transport areas are set out in subparts I and II of 
Part D of Title I of the Clean Air Act, as amended by the CAA. EPA has 
published a ``General Preamble'' describing EPA's preliminary views on 
how the Agency intends to review SIP's and SIP revisions submitted 
under Title I of the CAA, including those State submittals for ozone 
transport areas within the States {see 57 FR 13498 (April 16, 1992) 
[``SIP: General Preamble for the Implementation of Title I of the Clean 
Air Act Amendments of 1990''], 57 FR 18070 (April 28, 1992) 
[``Appendices to the General Preamble''], and 57 FR 55620 (November 25, 
1992) [``SIP: NOx Supplement to the General Preamble'']}.
    EPA has also issued a draft guidance document describing the 
requirements for the emission statement programs discussed in this 
action, entitled ``Guidance on the Implementation of an Emission 
Statement Program'' (July, 1992). The Agency is also conducting a 
rulemaking process to modify Title 40, Part 51 of the CFR to reflect 
the requirements of the emission statement program.
    Section 182 of the Act sets out a graduated control program for 
ozone nonattainment areas. Section 182(a) sets out requirements 
applicable in Marginal nonattainment areas, which are also made 
applicable by section 182 (b), (c), (d), and (e) to all other ozone 
nonattainment areas. Among the requirements in section 182(a) is a 
program for stationary sources to prepare and submit to the State each 
year emission statements certifying their actual emissions of VOC and 
NOX. This section of the Act provides that the States are to 
submit a revision to their SIPs by November 15, 1992 establishing this 
emission statement program. Based upon the provisions of sections 
182(f), 184(b)(2) and 302(j), emission statements are also required 
from sources in attainment areas within ozone transport regions which 
emit, or have the potential to emit, 50 tons per year (tpy) or more of 
VOC, or 100 tpy or more of NOX.
    If a stationary source emits either VOC or NOX at or above the 
designated minimum reporting level, the other pollutant should be 
included in the emission statement, even if it is emitted at levels 
below the specified cutoffs.
    The States may waive, with EPA approval, the requirement for an 
emission statement for classes or categories of sources with less than 
25 tpy of actual plant-wide NOX and VOC emissions in nonattainment 
areas if the class or category is included in the base year and 
periodic inventories and emissions are calculated using emissions 
factors established by EPA (such as those found in EPA publication AP-
42) or other methods acceptable to EPA.
    The CAA requires facilities to submit the first emission statement 
to the State within three years after November 15, 1990, and annually 
thereafter.
    At minimum, the emission statement data should include:

--certification of data accuracy;
--source identification information;
--operating schedule;
--emissions information (to include annual and typical ozone season day 
emissions);
--control equipment information; and
--process data.

    EPA developed emission statements data elements to be consistent 
with other source and State reporting requirements. This consistency is 
essential to assist States with quality assurance for emission 
estimates and to facilitate consolidation of all EPA reporting 
requirements.

II. EPA's Evaluation of the Commonwealth's Submittal

A. Procedural Background

    The Commonwealth of Pennsylvania held public hearings on January 6, 
7, 8, 1992 in King of Prussia, Harrisburg, and Monroeville 
respectively, for the purpose of soliciting public comment on the 
proposed regulatory revisions to require emission statements for 
stationary sources. Following the public hearings, the regulatory 
revisions were adopted by the State, on July 21, 1992, became effective 
in the Commonwealth on October 10, 1992, and were submitted to EPA on 
November 12, 1992 as a revision to the SIP.

B. Components of the Commonwealth's Emission Statement Program

    There are several key and specific components of an acceptable 
emission statement program. Specifically, the State must submit a 
revision to its SIP which consists of an emission statement program 
which meets the minimum requirements for reporting by the sources and 
the State. In general, the emission statement program must include, at 
a minimum, definitions and provisions for applicability, compliance, 
specific source reporting, and reporting forms. EPA has determined that 
the Commonwealth of Pennsylvania has developed their Emission Statement 
Program in accordance with the EPA guidance document, ``Guidance on the 
Implementation of an Emission Statement Program'' (July 1992) and 
satisfies the above mentioned minimum requirements. EPA's detailed 
review of Pennsylvania's Emission Statement Program is contained in the 
technical support document (TSD) which is available, upon request, from 
the EPA Region III Office listed in the ADDRESSES section of this 
notice.

C. Enforceability

    The Commonwealth of Pennsylvania SIP (Pa Stat. Ann tit. 35, section 
4009 and section 4009.1) provides for adequate enforcement of the 
emission statement requirements of Section 182(a)(3)(B) and Sections 
184(b)(2) and 182(f). Once EPA completes the rulemaking process 
approving the Commonwealth's Emission Statement program as part of the 
SIP, it will be federally enforceable.

III. Proposed Action

    EPA is proposing to approve revisions to the Pennsylvania SIP to 
include the regulation at Title 25 Pa. Code chapter 135, section 135.5, 
Recordkeeping, and section 135.21, Emission Statements. This revision 
was submitted to EPA by the Commonwealth of Pennsylvania on November 
12, 1992. This state submittal establishes emission statement 
requirements for sources of NOx and VOCs within the entire Commonwealth 
of Pennsylvania.
    The EPA is requesting public comments on all aspects of the issues 
discussed in this notice. As indicated at the outset of this notice, 
EPA will consider any comments received by (30 days from date of 
publication). Interested parties may participate in the Federal 
rulemaking process by submitting written comments to the EPA Regional 
Office in accordance with the instructions in the Addresses section of 
this notice.
    Nothing in this section should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision of any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    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 economic 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 Act 
do not create any new requirements, but simply approve requirements 
that the Commonwealth 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 
small entities. Moreover, due to the nature of the federal-state 
relationship under the CAA, preparation of a regulatory flexibility 
analysis would constitute federal inquiry into the economic 
reasonableness of state action. The CAA forbids EPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A. , 
427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. section 7410 (a)(2).
    This action has been classified as a Table 2 action for signature 
by the Acting Regional Administrator under the procedures published in 
the Federal Register on January 19, 1989 (54 FR 2214-2225), as revised 
by an October 4, 1993 memorandum from Michael Shapiro, Acting Assistant 
Administrator for Air and Radiation. A future notice will inform the 
general public of these tables. On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions 
(54 FR 2222) from the requirements of Section 3 of Executive Order 
12291 for a period of two years. The EPA has submitted a request for a 
permanent waiver for Table 2 and 3 SIP revisions. The OMB has agreed to 
continue the waiver until such time as it rules on EPA's request. This 
request continues in effect under Executive Order 12866, which 
superseded Executive Order 12291 on September 30, 1993.
    The Administrator's decision to approve or disapprove the 
Pennsylvania's SIP Emission Statement revision will be based on whether 
it meets the requirements of section 110(a)(2)(A)-(K), and part D of 
the Clean Air Act, as amended, and EPA regulations in 40 CFR part 52.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air Pollution Control, hydrocarbons, 
volatile organic compounds, oxides of nitrogen, nitrogen dioxide, Ozone 
reporting and recordkeeping requirements, SIP requirements, and 
intergovernmental relations.

    Authority: 42 U.S.C. section 7401-7671q.

    Dated: April 23, 1994.
Peter H. Kostmayer,
Regional Administrator, Region III.
[FR Doc. 94-17298 Filed 7-14-94; 8:45 am]
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