[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Pages 44413-44415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22069]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4051a; FRL-5865-8]


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 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 two major sources located in Pennsylvania. The intended effect of 
this action is to approve source-specific operating permits that 
establish the above-mentioned RACT requirements in accordance with the 
Clean Air Act. This action is being taken under section 110 of the 
Clean Air Act.

DATES: This action is effective October 20, 1997 unless notice is 
received on or before September 22, 1997 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 may be mailed to David J. Campbell, Air, Radiation, 
and Toxics Division, 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; Pennsylvania 
Department of Environmental Protection, Bureau of Air Quality Control, 
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, 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: On January 10, 1996 and September 13, 1996, 
the Commonwealth of Pennsylvania submitted formal revisions to its 
State Implementation Plan (SIP). 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

[[Page 44414]]

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 notice are meant to satisfy the 
RACT requirements for two sources in Pennsylvania.

Summary of SIP Revision

    The details of the RACT requirements for the source-specific plan 
approvals and operating permits can be found in the docket and 
accompanying technical support document (TSD) and will not be 
reiterated in this notice. Briefly, EPA is approving a revision to the 
Pennsylvania SIP pertaining to the determination of RACT for two major 
sources. The 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 operating 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                     
----------------------------------------------------------------------------------------------------------------
                                                       Plan approval (PA #)                                     
                                                       operating permit (OP                            ``Major  
            Source                     County          #) compliance permit       Source type         source''  
                                                              (CP #)                                  pollutant 
----------------------------------------------------------------------------------------------------------------
 Heinz Pet Products..........  Columbia.............  OP-19-0003             Pet food processing    VOC         
                                                                              and can                           
                                                                              manufacturing.                    
Graco Children's Products,     Chester..............  OP-15-0006             Children's products    VOC         
 Inc.                                                                         manufacturing                     
                                                                              (surface coating).                
----------------------------------------------------------------------------------------------------------------

    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 October 20, 1997 unless, by September 22, 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 October 20, 1997. If 
adverse comments are received that do not pertain to all documents 
subject to this rulemaking action, those documents not affected by the 
adverse comments will be finalized in the manner described here. Only 
those documents that receive adverse comments will be withdrawn in the 
manner described here.

Final Action

    EPA is approving two operating permits as RACT for two individual 
sources.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

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

[[Page 44415]]

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 October 20, 1997. Filing a 
petition for reconsideration by the Regional 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: July 22, 1997.
Thomas 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. 7401-7671q.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(119) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (119) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on January 10, 
1996 and September 13, 1996 by the Pennsylvania Department of 
Environmental Resources (now known as the Pennsylvania Department of 
Environmental Protection):
    (i) Incorporation by reference.
    (A) Two letters submitted by the Pennsylvania Department of 
Environmental Resources (now, the Pennsylvania Department of 
Environmental Protection) transmitting source-specific VOC and/or 
NOX RACT determinations in the form of operating permits on 
the following dates: January 10, 1996 and September 13, 1996.
    (B) Operating permits (OP):
    (1) Heinz Pet Products, Columbia County, OP-19-0003, effective 
November 27, 1995, except for the expiration date of the operating 
permit and conditions No. 15 through No. 24 pertaining to non-VOC and 
non-NOX pollutants.
    (2) Graco Children's Products, Inc., Chester County, OP-15-0006, 
effective November 30, 1995, except for the expiration date of the 
operating permit.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's January 10, 
1996 and September 13, 1996 submittals.
* * * * *
[FR Doc. 97-22069 Filed 8-20-97; 8:45 am]
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