[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Rules and Regulations]
[Pages 32126-32128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15585]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIPTRAX NO. PA 108-4073; FRL-6107-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Source Specific Control Measures and a Revised Episode 
Plan for USX Clairton in the Liberty Borough PM-10 Nonattainment Area

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 Pennsylvania Department of Environmental Protection 
(PADEP) for the Commonwealth of Pennsylvania. This revision establishes 
and requires control measures at USX's Clairton Coke Works in Clairton, 
Pennsylvania and enhances the Allegheny County Health Department's 
(ACHD) episode plan by requiring the USX to develop and maintain a 
source-specific episode plan subject to ACHD approval.

DATES: This direct final rule will become effective on August 11, 1998 
without further notice, unless EPA receives adverse comment on the 
notice of proposed rulemaking by July 13, 1998. If adverse comment is 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register.

ADDRESSES: Comments may be mailed to Makeba Morris, Chief, Technical 
Assessment Branch, Mailcode 3AP22, 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 
Protection 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 Allegheny 
County Health Department, Bureau of Environmental Quality, Division of 
Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Denis M. Lohman, (215) 566-2192, or by 
e-mail at [email protected]. While requests for information 
may be made via e-mail, comments for EPA consideration regarding this 
proposal must be submitted in writing to the address indicated above.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 21, 1996, the Group Against Smog and Pollution (GASP), 
a citizen's environmental group, filed suit against EPA. This suit 
1 pertained to certain Clean Air Act (Act) mandated planning 
activities for Allegheny County, Pennsylvania's Liberty Borough PM-10 
nonattainment area. This suit was settled in a Settlement Agreement 
signed by GASP, USX, ACHD, PADEP, EPA, and the United States Department 
of Justice. The Settlement Agreement provided for, among other things, 
ACHD and PADEP proposal of and EPA action on revisions to the Allegheny 
County portion of the Pennsylvania SIP applicable to USX Clairton. The 
Technical Support document (TSD) prepared for this rulemaking includes 
a detailed summary of the settlement provisions. Copies of the TSD are 
available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this document.
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    \1\ GASP v. Browner, Civil Action No. 96-322, Western District 
of Pennsylvania.
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    On October 30, 1997, PADEP submitted ACHD-adopted measures to EPA 
as revisions to the Allegheny County portion of the Pennsylvania SIP. 
The purpose of these revisions is to incorporate into the SIP the 
control measures required by USX by the Settlement Agreement. These 
control measures include a revised air quality episode plan, the 
prohibition of coal combustion (except during certain emergencies), 
improved coal handling procedures, the installation of a mist 
eliminator on cooling tower, and ``big plug'' doors on most coke ovens.

II. Contents of the State Submittal

    The submittal is comprised of several revisions to Allegheny 
County's Article XXI and administrative material. Specifically, section 
2104.02, 2105.21, and 2106.05 were revised as follows:
    A. Revisions to section 2104.02 of Article XXI, limit USX 
Clairton's Boiler #1 to 0.02 pounds of particulate matter per million 
British thermal units of actual heat input, except for fuel 
emergencies; require specific improvements to coal handling at USX 
Clairton's #2 Secondary Pulverizer; and require the operation of a mist 
eliminator on USX Clairton's Keystone cooling tower.
    B. Revisions to section 2105.21, Coke Ovens and Coke Oven Gas, 
require the installation of ``big plug'' coke oven doors (i.e., doors 
with a minimum thickness of refractory material) on most coke oven 
batteries.
    C. The adoption of section 2106.05, USX Clairton Works PM-10 Self 
Audit Emergency Episode Plan strengthens ACHD's air quality episode 
planning by requiring USX Clairton to develop and maintain a source-
specific episode plan subject to ACHD approval. Unlike general episode 
plans required by 40 CFR 51 Subpart H, which are designed to guide the 
state and local air pollution control agencies in undertaking certain 
actions to protect the public from acute danger from ambient pollutant 
concentrations greatly exceeding the NAAQS, the County's plan for USX 
is designed to effect timely action by USX in order to prevent 
exceedances of the 24-hour PM-10 NAAQS.

III. Analysis of State Submittal

    As stated above, the purpose of the October 1997 SIP revision 
submittal was to fulfill certain requirements of the Settlement 
Agreement and to strengthen the PM-10 SIP for the Liberty Borough area. 
The SIP revision imposes source specific requirements on the USX 
Clairton Coke Works including the development of a source-specific air 
quality episode plan, the prohibition of coal combustion (except during 
certain emergencies), improved coal handling procedures, the 
installation of a mist eliminator on its cooling tower, and ``big 
plug'' doors on all coke ovens.
    The rules were properly adopted by Allegheny County and submitted 
to EPA as a SIP revision by PADEP. The rule revisions contained in the 
submittal serve to strengthen the Liberty Borough PM-10 nonattainment 
area plan in the Allegheny County portion of the Pennsylvania SIP. 
Furthermore, the submittal fulfills the Allegheny County's and 
Pennsylvania's obligations under sections 6, 9, 12, 15, and 18 of the 
Settlement Agreement.
    EPA has determined that the SIP revision is approvable and fulfills 
ACHD's and PADEP's obligations under the Settlement Agreement to 
propose and submit measures to reduce particulate matter emissions in 
the Liberty Borough area. This SIP revision is being approved pursuant 
to section 110 of the Act.

IV. Final Action

    EPA is approving the revisions to the Allegheny County portion of 
the Pennsylvania SIP submitted by PADEP on October 30, 1997 which 
impose source-specific requirements on USX Clairton Coke Works to 
reduce PM-10 emissions. EPA is approving this rule without prior 
proposal because the Agency views this as a noncontroversial

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amendment and anticipates no adverse comments. However, in the proposed 
rules section of this Federal Register publication, EPA is publishing a 
separate document that will serve as the proposal to approve the SIP 
revision should EPA receive relevant comments on the notice of proposed 
rulemaking. This rule will become effective August 11, 1998 without 
further notice unless the Agency receives relevant adverse comments by 
July 13, 1998.
    Should EPA receive such comments, it will publish a notice 
informing the public that this rule did not take effect. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on the proposed rule. 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 rule will become effective on August 11, 
1998 and no further action will be taken on the proposed rule.
    If adverse comments are received that do not pertain to all 
paragraphs in this rule, those paragraphs not affected by the adverse 
comments will be finalized in the manner described here. Only those 
paragraphs which receive adverse comments will be withdrawn in the 
manner described here.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to 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.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Executive Order 13045

    The final rule is not subject to E.O. 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks,'' because 
it is not an ``economically significant'' action under E.O. 12866.

C. 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 does 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).

D. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA 
is not required to submit a rule report regarding today's action under 
section 801 because this is a rule of particular applicability because 
it is applicable to only one entity, the USX Clairton Coke Works.

E. 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.

F. 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 August 11, 1998. Filing a 
petition for reconsideration by the Administrator of this final rule, 
approving control measures at USX Clairton 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 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, Particulate matter.

    Dated: May 28, 1998.
W. Michael McCabe,
Regional Administrator, Region III.

    40 CFR part 52, subpart 2020 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 et seq.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraphs (c)(133) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (133) Revisions to the Pennsylvania State Implementation Plan 
consisting of Source-Specific Control Measures and a Revised Episode 
Plan for USX Clairton in the Liberty Borough PM-10 Nonattainment Area, 
submitted on October 30, 1997 by the Pennsylvania Department of 
Environmental Protection:
    (I) Incorporation by reference.
    (A) Letter of October 30, 1997 from the Pennsylvania Department of 
Environmental Protection transmitting a SIP revision for source 
specific control measures for USX Clairton located in the Liberty 
Borough PM-10 nonattainment area of Allegheny County.
    (B) Revisions to Allegheny County's Article XXI applicable to USX's 
Clairton

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Coke Works, effective August 15, 1997, specifically:
    (1) Revisions to section 2104.02. limiting particulate matter 
emission from Boiler #1, requiring specific improvements to coal 
handling at Secondary Pulverizer #2, and requiring the operation of a 
mist eliminator at the Keystone cooling tower.
    (2) Revisions to section 2105.21 requiring the installation of 
``big plug'' doors on most coke ovens by January 1, 2000.
    (3) The adoption of section 2106.05 requiring a source-specific 
``self audit emergency action plan.''
    (ii) Additional Material--Remainder of the October 30, 1997 State 
submittal.

[FR Doc. 98-15585 Filed 6-11-98; 8:45 am]
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