[Federal Register Volume 62, Number 188 (Monday, September 29, 1997)]
[Rules and Regulations]
[Pages 50871-50873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25755]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-103-21a; FRL-5898-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Approval of a NOX RACT Determination for 
Panther Creek Energy Facility

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 nitrogen oxides (NOX) reasonably 
available control technology (RACT) for Panther Creek Energy Facility 
located in Carbon County, Pennsylvania. The intended effect of this 
action is to approve a source-specific operating permit that 
establishes 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 November 28, 1997 unless notice is 
received on or before October 29, 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 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.


[[Page 50872]]


FOR FURTHER INFORMATION CONTACT: Kelly L. Bunker, (215) 566-2177, at 
the EPA Region III office or via e-mail at 
Bunker.K[email protected]. While information may be requested via e-
mail, any comments must be submitted in writing to the Region III 
address.

SUPPLEMENTARY INFORMATION: On September 13, 1996 and January 21, 1997, 
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 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 
submittal that is the subject of this document is 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 
operating permit can be found in the docket and accompanying technical 
support document (TSD) and will not be reiterated in this document. 
Briefly, EPA is approving a revision to the Pennsylvania SIP pertaining 
to the determination of RACT for one major source. The operating permit 
contains conditions irrelevant to the determination of NOX 
RACT. Consequently, these provisions are not being included in this 
approval for source-specific NOX RACT.

RACT Determination

    The Panther Creek Energy Facility is a cogeneration utility located 
in Carbon County. NOX RACT for the facility is addressed in 
operating permit # 13-0003. The majority of NOX emissions at 
the facility are generated by two circulating fluidized bed (CFB) 
boilers. The facility is not a major VOC source. NOX RACT 
for the two CFB boilers was determined to be continuation of current 
operating conditions which includes the operation of selective non-
catalytic reduction (SNCR) controls. The RACT emission rate for each 
CFB boiler is never to exceed 0.15 pounds of NOX/MMBtu and 
72.5 pounds/hour, based on an one-hour average. Further information on 
the RACT requirements for this facility 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.
    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 is effective 
November 28, 1997 unless notice is received on or before October 29, 
1997 that adverse or critical comments will be submitted.
    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 November 28, 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 one operating permit as NOX RACT for 
Panther Creek Energy Facility.
    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

    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 Act

    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

[[Page 50873]]

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.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 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 5 
U.S.C. 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 November 28, 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 a 
NOX RACT determination for a one individual source 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: September 16, 1997.
W. Michael McCabe,
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) (128) to read 
as follows:


Sec. 52.2020  Identification of plan.

 * * * * *
    (c) * * *
    (128) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to NOX RACT, submitted on September 13, 1996 and 
January 21, 1997 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 NOX 
RACT determinations in the form of an operating permit on the following 
dates: September 13, 1996 and January 21, 1997.
    (B) Operating permit (OP). Panther Creek Energy Facility, Carbon 
County, OP # 13-0003, effective date of December 2, 1996, except for 
condition # 7 pertaining to particulate, PM-10, SO2, CO and VOC 
emission limits, condition # 10 pertaining to particulate emissions, 
condition # 11 pertaining to opacity, condition # 12 pertaining to the 
Standards of Performance for New Stationary Sources and the expiration 
date.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's September 13, 
1996 and January 21, 1997 submittals.
[FR Doc. 97-25755 Filed 9-26-97; 8:45 am]
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