[Federal Register Volume 63, Number 232 (Thursday, December 3, 1998)]
[Rules and Regulations]
[Pages 66755-66758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32006]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIPTRAX No. PA-4082a; FRL-6194-3]


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 taking direct final action on revisions to the 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 five major sources located in 
Pennsylvania. EPA is approving these source-specific plan approvals, 
operating and compliance permits that establish the above-mentioned 
RACT requirements in accordance with the Clean Air Act.

DATES: This direct final rule is effective on February 1, 1999 without 
further notice, unless EPA receives adverse written comment by January 
4, 1999. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Comments may be mailed to Kathleen Henry, Air Protection 
Division, Mailcode 3AP11, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, 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 Street,

[[Page 66756]]

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

FOR FURTHER INFORMATION CONTACT: Linda Miller (215) 814-2068, 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 May 31, 1995, November 15, 1995, March 21, 1996, and September 
13, 1996, the Commonwealth of Pennsylvania submitted formal revisions 
to its State Implementation Plan (SIP). The SIP revision establishes 
and requires volatile organic compounds (VOC) and nitrogen oxides 
(NOx) reasonably available control technology (RACT) for 
five major sources located in Pennsylvania. 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 five sources in Pennsylvania.

Summary of SIP Revision

    The details of the RACT requirements for the source-specific plan 
approvals, operating 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 five 
major sources. Several of the plan approvals, compliance and 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 plan approvals, 
operating and compliance 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''
             Source                         County            #) Compliance Permit                    Source type                         pollutant
                                                                     (CP #)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Columbia Gas Transmission         Bedford..................  PA 05-2006              Natural Gas Transmission.....................  NOx.
 Corportation-Artemas Compressor
 Station.
Columbia Gas Transmission         Washington...............  PA 63-000-631           Natural Gas Transmission.....................  NOx and VOC.
 Corportation-Donegal Compressor
 Station.
Columbia Gas Transmission         Adam.....................  OP 01-2003              Natural Gas Transmission.....................  NOx.
 Corportation-Gettysburg
 Compressor Station.
Columbia Gas Transmission         Chester..................  OP 15-631               Natural Gas Transmission.....................  NOx and VOC.
 Corportation-Eagle Compresor
 Station.
Columbia Gas Transmission         Chester..................  CP 15-0020              Natural Gas Transmission.....................  NOx.
 Corportation-Downingtown
 Compressor Station.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA is approving this rule without prior proposal because the 
Agency views this as a noncontroversial submittal 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 
comments be filed. This rule will be effective February 1, 1999 without 
further notice unless the Agency receives adverse comments by January 
4, 1999.
    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. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on February 1, 1999 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 two plan approvals, two operating permits and one 
compliance permit for NOx and/or VOC RACT for five 
individual sources.

[[Page 66757]]

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under E.O. 12866, entitled ``Regulatory 
Planning and 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 
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 13045

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that the EPA determines (1) is 
``economically significant,'' as defined under Executive Order 12866, 
and (2) the environmental health or safety risk addressed by the rule 
has 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 final rule is not subject to Executive Order 13045 because it 
is not an economically significant regulatory action as defined by 
Executive Order 12866, and it does not address an environmental health 
or safety risk that would have a disproportionate effect on children.

D. 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, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other 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. This action does not involve or impose any requirements 
that affect Indian Tribes. Accordingly, the requirements of section 
3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, 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. versus U.S. EPA, 427 U.S. 246, 255-66 
(1976); 42 U.S.C. 7410(a)(2).

F. 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 
annual 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 promulgated does not 
include a Federal mandate that may result in estimated annual 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.

G. Submission to Congress and the Comptroller General

    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.

[[Page 66758]]

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 February 1, 1999. 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 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: November 13, 1998.
William Wisnewski,
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 et seq.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(137) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (137) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on May 31, 1995, 
November 15, 1995, March 21, 1996 and September 13, 1996 by the 
Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Four letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations in the form of plan approvals, 
operating or compliance permits on the following dates: May 31, 1995, 
November 15, 1995, September 13, 1996 and March 21, 1996.
    (B) Plan approvals (PA), Operating permits (OP), Compliance Permits 
(CP):
    (1) Columbia Gas Transmission Corporation--Artemas Compressor 
Station, Bedford County, PA O5-2006, effective April 19, 1995; except 
for the plan approval expiration date and item (or portions thereof) 
Nos. 4 and 13 relating to non-RACT provisions.
    (2) Columbia Gas Transmission Corporation--Donegal Compressor 
Station, Washington County, PA 63-000-631, effective July 10, 1995; 
except for the plan approval expiration date and item (or portions 
thereof) Nos. 9 and 20 relating to non-RACT provisions.
    (3) Columbia Gas Transmission Corporation--Gettysburg Compressor 
Station, Adam County, OP 01-2003, effective April 21, 1995; except for 
the operating permit expiration date and item (or portions thereof) No. 
13 relating to non-RACT provisions.
    (4) Columbia Gas Transmission Corporation--Eagle Compressor 
Station, Chester County, OP 15-022, effective February 1, 1996; except 
for the operating permit expiration date and item (or portions thereof) 
Nos. 9 and 10 relating to non-RACT provisions.
    (5) Columbia Gas Transmission Corporation--Downingtown Compressor 
Station, Chester County, CP-15-0020, effective September 15, 1995; 
except for the compliance permit expiration date and item (or portions 
thereof) Nos. 2 and 6 relating to non-RACT provisions.
    (ii) Additional Material--Remainder of the Commonwealth of 
Pennsylvania's May 31, 1995, November 15, 1995, March 21, 1996 and 
September 13, 1996 VOC and NOX RACT SIP submittals.

[FR Doc. 98-32006 Filed 12-2-98; 8:45 am]
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