[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Rules and Regulations]
[Pages 14493-14495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7913]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[PA028-5913a; FRL-5427-2]


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

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 for the Allegheny County 
portion of the SIP. This revision consists of an emission statement 
program for stationary sources that emit volatile organic compounds 
(VOCs) and/or nitrogen oxides (NOX) at or above specified actual 
emission threshold levels. The intended effect of this action is to 
approve a regulation for annual reporting of actual emissions by 
sources that emit VOC and/or NOX within the county of Allegheny in 
accordance with the 1990 Clean Air Act (CAA). This action is being 
taken under section 110 of the CAA.

DATES: This action is effective June 3, 1996 unless notice is received 
on or before May 2, 1996 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 must be mailed to Marcia L. Spink, Associate 
Director, Air Programs, Mailcode 3AT00, 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 EPA office 
listed above; the Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington DC 20460; 
and the Pennsylvania Department of Environmental Protection, Bureau of 
Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105; Allegheny County Health Department, Bureau of Air 
Pollution Control, 301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 597-3164, at the 
EPA Region III address above. Information can also be requested via E-
mail (Q[email protected]); however, comments must still be 
submitted in writing.

SUPPLEMENTARY INFORMATION: On December 31, 1992, the Commonwealth

[[Page 14494]]
of Pennsylvania Department of Environmental Protection (PaDEP) 
submitted a SIP revision to EPA on Emission Statements. This revision 
would add new section E to the Allegheny County Health Department-
Bureau of Air Pollution Control (ACHD) Rules and Regulations, Article 
XX, Chapter II (Inspections, Reporting, Tests and Monitoring), Sec. 202 
(Reporting Requirements).

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 CAA, as amended by the Clean Air Act 
Amendments of 1990. EPA published a ``General Preamble'' describing 
EPA's preliminary views on how it intends to review SIPs 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 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'' (GESP), July, 1992. EPA 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 CAA sets out a graduated control program for 
ozone nonattainment areas. Section 182(a) sets out requirements 
applicable in marginal ozone nonattainment areas, which are also 
applicable by sections 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 VOCs and 
NOX. This section of the CAA provides that the states are to 
submit a revision to their SIPs by November 15, 1992 establishing this 
emission statement program.
    If a 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.
    States may waive, with EPA approval, the requirement for an 
emission statement for classes or categories of sources with less than 
25 tons per year of actual plant-wide NOX or 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 the EPA 
publication AP-42, ``Compilation of Air Pollutant Emission Factors'' 
(AP-42, Fifth Edition, January 1995), or other methods acceptable to 
EPA.
    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
--P rocess 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 Pennsylvania's Submittal

A. Procedural Background

    In accordance with the requirements of 40 CFR Sec. 51.102, ACHD 
held a public hearing on August 27, 1992 to solicit public comments on 
the implementation plan for Allegheny County, Pennsylvania. Following 
the public hearing, the plan was adopted on September 16, 1992 and 
submitted to EPA on December 31, 1992 as a revision to the SIP.

B. Components of Pennsylvania's Emission Statement Program

    There are several key and specific components of an acceptable 
emission statement program. Specifically, Pennsylvania must submit a 
revision to its SIP consisting of an emission statement program that 
meets the minimum requirements for reporting by the sources and the 
state. For the emission statement program to be approvable, 
Pennsylvania's SIP revision must include, at a minimum, definitions and 
provisions for applicability, compliance, and specific source reporting 
requirements and reporting forms.
    Pennsylvania's emission statement report form has been revised by 
amending and adding the definitions of the following terms: actual 
emissions, annual fuel process rate, certifying individual, control 
efficiency, emission factor, emission method code, emission units, 
facility, oxides of nitrogen, peak ozone season, percent seasonal 
throughput, process rate, and volatile organic compounds.
    ACHD Rules and Regulations, Article XX, Chapter II, Sec. 202, 
section E requires that persons responsible for each stationary source 
that emits 25 tpy or more of NOX or VOC per calendar year shall 
report the levels of emissions from the sources in order to track 
emission reductions and attain the National Ambient Air Quality 
Standard (NAAQS). The reporting provisions waives the requirement for 
sources that emit less than 25 tpy under the condition that the class 
or category is included in the base year and periodic inventories, and 
the emission factors established by EPA or other methods acceptable to 
EPA. In addition, section E also requires that a certifying official 
for each facility provide Pennsylvania with a statement reporting 
emissions by April 30 of each year, beginning with April 30, 1993 for 
the emissions discharged during the previous calendar year. Section E 
in conjunction with the report form provisions, provide specific 
requirements for the content of these annual emission statements.

C. Enforceability

    The Commonwealth of Pennsylvania has provisions in its SIP which 
ensure that the emission statement requirements of section 182(a)(3)(B) 
and sections 184(b)(2) and 182(f) of the CAA, as required by new 
section E to the ACHD Rules and Regulations, Article XX, Chapter II 
(Inspections, Reporting, Tests and Monitoring), Sec. 202 (Reporting 
Requirements), are adequately enforced.
    EPA has determined that the submittal made by the Commonwealth of 
Pennsylvania satisfies the relevant requirements of the CAA and EPA's 
guidance document, ``Guidance on the Implementation of an Emission 
Statement Program'' (GESP), July 1992. EPA's detailed review of 
Pennsylvania's Emission Statement Program is contained in a Technical 
Support Document (TSD) which is available, upon request, from the EPA 
Regional Office listed in the ADDRESSES section of this document.

III. Final Action

    EPA is approving a revision to the Pennsylvania SIP to include an 
Emission Statement Program consisting of the addition of new section E 
to the Allegheny County Health Department-Bureau of Air Quality Control 
(ACHD) Rules and Regulations, Article XX,

[[Page 14495]]
Chapter II (Inspections, Reporting, Tests and Monitoring), Sec. 202 
(Reporting Requirements). This revision was submitted to EPA by the 
Commonwealth of Pennsylvania on December 31, 1992.
    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 will become 
effective June 3, 1996 unless, by May 2, 1996, adverse or critical 
comments are received.
    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 June 3, 1996.
    Nothing in this action 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 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 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, 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 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. EPA, 427 
U.S. 246, 255-66 (1976); 42 U.S.C. 7410 (a) (2).
    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 that includes a Federal mandate that may result in estimated 
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 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.
    This action has been classified as Table 3 action for signature by 
the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 3, 1996. 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 approving Pennsylvania's Emission Statement Program 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, Volatile 
organic compounds, Oxides of nitrogen, Ozone, Reporting and 
recordkeeping requirements, and SIP requirements.

    Dated: February 2, 1996.
W. T. Wisniewski,
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. 7401-7671q.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(97) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (97) Revisions to the Pennsylvania State Implementation Plan 
submitted by the Secretary, Pennsylvania Department of Environmental 
Protection on December 31, 1992.
    (i) Incorporation by reference.
    (A) Letter dated December 31, 1992 from the Secretary, Pennsylvania 
Department of Environmental Protection, submitting a revision to the 
Allegheny County portion of the Pennsylvania State Implementation Plan.
    (B) Addition of new section E to the Allegheny County Health 
Department-Bureau of Air Pollution Control (ACHD) Rules and 
Regulations, Article XX, Chapter II (Inspections, Reporting, Tests and 
Monitoring), Sec. 202 (Reporting Requirements) were effective on 
October 8, 1992. This revision consists of an emission statement 
program for stationary sources which emit volatile organic compounds 
(VOCs) and/or nitrogen oxides (NOX) at or above specified actual 
emission threshold levels. This program applies to stationary sources 
within the county of Allegheny.
    (ii) Additional material.
    (A) Remainder of December 31, 1992 state submittal pertaining to 
Pennsylvania Emission Statement Program.
* * * * *

[FR Doc. 96-7913 Filed 4-1-96; 8:45 am]
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