[Federal Register Volume 62, Number 112 (Wednesday, June 11, 1997)]
[Rules and Regulations]
[Pages 31738-31740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15102]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA83-4062a; FRL-5835-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Approval of Source-Specific VOC and NOX RACT 
Determinations

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) 
on one major source. The intended effect of this action is to approve 
source-specific plan approvals. This action is being taken under 
section 110 of the Clean Air Act.

DATES: This final rule is effective July 28, 1997 unless within July 
11, 1997, adverse or critical comments are received. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Comments may be mailed to David J. Campbell, Pennsylvania 
RACT Team Leader, Mailcode 3AT22, 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 Air, Radiation, 
and Toxics Division, U.S. Environmental Protection Agency, Region III, 
841 Chestnut Building, Philadelphia, Pennsylvania 19107; 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, P.O. Box 
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Janice M. Lewis, (215) 566-2185, or by 
e-mail at [email protected]. While information may be 
requested via e-mail, comments must be submitted in writing to the 
above Region III address.

SUPPLEMENTARY INFORMATION: On December 8, 1995 the Commonwealth of 
Pennsylvania submitted a formal revision to its State Implementation 
Plan (SIP). The SIP revision consists of one plan approval for one 
individual source of volatile organic compounds (VOCs) and/or nitrogen 
oxides (NOX) located in Pennsylvania. Any plan approvals and 
operating permits submitted coincidentally with those being approved in 
this notice, and not identified below, will be addressed in a separate 
rulemaking action. This rulemaking addresses one plan approval 
pertaining to the following source: (1) Pennzoil Products Company 
(Rouseville, Venango County)--petroleum refinery.
    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 December 8, 1995 Pennsylvania submittals that are the subject 
of this notice are meant to satisfy the RACT requirements for one 
source in Pennsylvania.

Summary of SIP Revision

    The details of the RACT requirements for the source-specific plan 
approvals can be found in the docket and accompanying technical support 
document and will not be reiterated in this notice. Briefly, EPA is 
approving one plan approval as RACT.

RACT

    EPA is approving the plan approval of the following facility 
located in Pennsylvania: (1) Pennzoil Products Company (Rouseville, 
Venango County)--petroleum refinery--major source of NOX 
emissions.
    The specific emission limitations and other RACT requirements for 
these

[[Page 31739]]

sources are summarized in the accompanying technical support document, 
which is available from the EPA Region III office.
    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 be 
effective July 28, 1997 unless within July 11, 1997, 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 July 28, 1997.

Final Action

    EPA is approving two plan approvals as RACT for one individual 
source located in Pennsylvania.

Administrative Requirements

A. Executive Order 12866

    This action has been classified as a 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.

B. Regulatory Flexibility Act

    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 
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 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 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).

C. 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 
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 proposed/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.

D. Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 
section 804(2).

E. 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 July 28, 1997. 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, pertaining to the VOC and NOX 
RACT determination for one source in Pennsylvania, 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: May 23, 1997.
James W. Newsom,
Acting Regional Administrator, Region III.

    40 CFR part 52, subpart NN of chapter I, title 40 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)(124) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (124) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on December 8, 
1995 by the Pennsylvania Department of Environmental Resources (now 
known as the Pennsylvania Department of Environmental Protection):
    (i) Incorporation by reference.
    (A) Two letters, dated December 8, 1995 and September 13, 1996, 
from the Pennsylvania Department of Environmental Protection 
transmitting source-specific VOC and/or NOX RACT 
determinations in the form of one plan approval for the following 
source: Pennzoil Products Company (Rouseville, Venango County)--
petroleum refinery.
    (B) Plan Approval (PA):
    (1) Pennzoil Products Company (Rouseville)--(PA-61-016) effective

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September 8, 1995, except for condition Nos. 9 pertaining to non-VOC 
and non-NOX pollutants and expiration date of the plan 
approval.
    (ii) Additional Material.
    (A) Remainder of the Commonwealth of Pennsylvania's December 8, 
1995 submittal.
    (B) Additional material submitted by Pennsylvania dated May 23, 
1997, providing clarifying information related to Pennzoil Products 
Company plan approval.

[FR Doc. 97-15102 Filed 6-10-97; 8:45 am]
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