[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Rules and Regulations]
[Pages 54050-54053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26895]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4076a; FRL-6166-1]


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) 
for four (4) major sources located in Pennsylvania. The intended effect 
of this rule is to approve source-specific plan approvals, operating 
permits and compliance permits that establish the above-mentioned RACT 
requirements in accordance with the Clean Air Act.

DATES: This final rule is effective December 7, 1998 unless within 
November 9, 1998, adverse or critical comments are submitted. If EPA 
receives such comment, it will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Comments may be mailed to David Campbell, Air Protection 
Division, Mailcode 3AP11, U.S. Environmental Protection Agency, Region 
III, 1650 Arch St., Philadelphia, Pennsylvania 19103. 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, 1650 Arch St., 
Philadelphia, Pennsylvania 19103; 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

[[Page 54051]]

Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: David Campbell, (215) 814-2196, 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:

I. Background

    On February 20, May 2, 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 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 document are meant to satisfy 
the RACT requirements for four (4) sources in Pennsylvania.

Summary of SIP Revision

    The details of the RACT requirements for the source-specific plan 
approvals, operating permits and compliance permits 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 four 
(4) major sources.

RACT Determinations

    The following table identifies the individual plan approvals, 
operating permits and compliance permits EPA is approving as RACT for 
natural gas transmission stations which emit VOC and NOX. 
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 #), compliance
             Source                  County                               permit (CP #)
----------------------------------------------------------------------------------------------------------------
Consolidated Natural Gas         Potter........  PA 53-0005A, OP 53-0005, CP 53-0005A.
 Transmission Corporation--
 Harrison Station.
Consolidated Natural Gas         Clinton.......  PA 18-0004A, OP 18-0004, CP 18-0004A.
 Transmission Corporation--
 Leidy Station.
Consolidated Natural Gas         Tioga.........  PA 59-0002A, OP 59-0002, CP 59-0002A.
 Transmission Corporation--
 Sabinsville Station.
Consolidated Natural Gas         Tioga.........  OP 59-0006.
 Transmission Corporation--
 Tioga Station.
----------------------------------------------------------------------------------------------------------------

    Several of the plan approvals, operating permits and compliance 
permits contain a provision that allows for future changes to the 
emission limitations based on continuous emissions monitoring (CEM) or 
other monitoring data. Since EPA cannot approve emission limitations 
that are not currently before it, any changes to the emission 
limitations as submitted to EPA on February 20, May 2, and September 
13, 1996 must be resubmitted to and approved by EPA in order for these 
changes to be incorporated into the Pennsylvania SIP. Consequently, the 
source-specific RACT emission limitations that are being approved into 
the Pennsylvania SIP are those that were submitted on the above-
mentioned dates and are the subject of this rulemaking notice. These 
emission limitations will remain unless and until they are replaced 
pursuant to 40 CFR part 51 and approved by the U.S. EPA.
    EPA is approving this rule without prior proposal because the 
Agency views this as a noncontroversial 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 rule should adverse or 
critical comments be filed. This rule will be effective December 7, 
1998 without further notice unless the Agency receives relevant adverse 
comments by November 9, 1998.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
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. Only parties 
interested in commenting on this rule should do so at this time. If no 
such comments are received, the public is advised that this rule will 
be effective on December 7, 1998 and no further action will be taken on 
the proposed rule. If adverse comments are received that do not pertain 
to all paragraphs subject to this rule, those paragraphs not affected 
by the adverse comments will be finalized in the manner described here. 
Only those paragraphs that receive adverse comments will be withdrawn 
in the manner described here.

II. Final Action

    EPA is approving three (3) plan approvals, four (4) operating 
permits and three (3) compliance permits as RACT for four (4) 
individual sources.

III. 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 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior

[[Page 54052]]

consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, representatives of Indian tribal governments 
``to provide meaningful and timely input in the development of 
regulatory policies on matters that significantly or uniquely affect 
their communities.'' Today's rule does not significantly or uniquely 
affect the communities of Indian tribal governments. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

D. Regulatory Flexibility Act

    Redesignation of an area to attainment under section 107(d)(3)(E) 
of the CAA does not impose any new requirements on small entities. 
Redesignation is an action that affects the status of a geographical 
area and does not impose any regulatory requirements on sources. To the 
extent that the area must adopt new regulations, based on its 
attainment status, EPA will review the effect of those actions on small 
entities at the time the State submits those regulations. The 
Administrator certifies that the approval of the redesignation request 
will not affect a substantial number of small entities.

E. Unfunded Mandates

    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 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

F. Submission to Congress and the Comptroller General

    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. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

G. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be economically significant as defined under Executive 
Order 12866, and (2) concerns an environmental health or safety risk 
that EPA has reason to believe may have a disproportionate effect on 
children. If the regulatory action meets both criteria, the Agency must 
evaluate the environmental health or safety effects of the planned rule 
on children, and explain why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by the Agency.
    This rule is not subject to E.O. 13045 because it is does not 
involved decisions intended to mitigate environmental health or safety 
risks.

H. 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 December 7, 1998. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this 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 
an action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).) EPA encourages 
interested parties to comment in response to the proposed redesignation 
rather than petition for judicial review, unless the objection arises 
after the comment period allowed for in the proposal.

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 11, 1998.
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 et seq.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(134) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (134) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on February 20, 
May 2, 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) Three (3) 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 plan approvals, 
operating permits or compliance permits on the following dates: 
February 20, May 2, and September 13, 1996.
    (B) Plan Approvals (PA), Operating Permits (OP), Compliance Permits 
(CP):

[[Page 54053]]

    (1) CNG Transmission Corporation--Harrison, Potter County, PA 53-
0005A, effective April 16, 1996, except for the plan approval 
expiration date and item (or portions thereof) Nos. 4, 9, and 20 
relating to non-RACT provisions; OP 53-0005, effective April 16, 1996, 
except for the operating permit expiration date and item No. 23 
relating to non-RACT provisions; and CP 53-0005A effective April 16, 
1996.
    (2) CNG Transmission Corporation--Leidy, Clinton County, PA 18-
0004A, effective March 25, 1996, except for the plan approval 
expiration date and item No. 11 relating to non-RACT provisions; OP 18-
0004, effective February 29, 1996, except for the operating permit 
expiration date and item Nos. 14, 25 and 28 relating to non-RACT 
provisions; and CP 18-0004A effective March 25, 1996.
    (3) CNG Transmission Corporation--Sabinsville, Tioga County, PA 59-
0002A, effective December 18, 1995, except for the plan approval 
expiration date and item (or portions thereof) Nos. 3, 4, 5 and 10 
relating to non-RACT provisions; OP 59-0002, effective December 18, 
1995, except for the operating permit expiration date and item No. 15 
relating to non-RACT provisions, and CP 59-0002A effective December 18, 
1995.
    (4) CNG Transmission Corporation--Tioga, Tioga County, OP 59-0006, 
effective January 16, 1996, except for the operating permit expiration 
date and item (or portions thereof) Nos. 9, 21, 24 and 28 relating to 
non-RACT provisions.
    (ii) Additional Material.
    (A) Remainder of the Commonwealth of Pennsylvania's February 20, 
May 2, and September 13, 1996 VOC and NOX RACT SIP 
submittals for the relevant sources.

[FR Doc. 98-26895 Filed 10-7-98; 8:45 am]
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