[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Rules and Regulations]
[Pages 18818-18821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9464]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 114-4085; FRL-6325-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Approval of Revision to the 1990 Baseyear Inventory for 
Rockwell Heavy Vehicles, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Commonwealth of Pennsylvania State Implementation Plan (SIP) submitted 
by the Pennsylvania Department of Environmental Protection (PADEP) on 
April 8, 1998. This revision consists of including the carbon monoxide 
(CO), volatile organic compounds (VOC) and nitrogen oxides 
(NOX) emissions from Rockwell Heavy Vehicles, Inc., New 
Castle Forge Plant, in Lawrence County (Rockwell) in the point source 
portion of Pennsylvania's 1990 baseyear emission inventory. The 
intended effect of this action is to grant approval of the revision to 
the 1990 baseyear inventory and in so doing to render Rockwell's 
emissions eligible for consideration as emission reduction credits 
(ERCs) in accordance with the Pennsylvania SIP.

DATES: This direct final rule is effective on June 15, 1999, without 
further notice, unless EPA receives adverse comments by May 17, 1999. 
If adverse comments are received, EPA 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: Written comments should be addressed to David L. Arnold, 
Chief, Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. 
Environmental

[[Page 18819]]

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, Philadelphia, Pennsylvania 19103; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460; and Pennsylvania 
Department of Environmental Protection, Bureau of Air Quality, P.O. Box 
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Janice M. Lewis, (215) 814-2185, at 
the EPA Region III address above, or via e-mail at 
[email protected]. While information may be requested via e-mail, 
any comments must be submitted in writing to the EPA Region III address 
above.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 8, 1998, PADEP formally submitted an amendment to its 1990 
baseyear emission inventory as a SIP revision. The revision was made to 
include the CO, VOC and NOX emitted by Rockwell as part of 
the point source portion of 1990 baseyear inventory. Previously this 
source's emissions were included are part of the area source portion of 
the 1990 baseyear inventory because it is a minor source.

II. Summary of the SIP Revision

    Rockwell was a paint coater of motor vehicle parts and was 
considered an existing minor source for SIP planning purposes. The 
entire plant shut down on May 31, 1993. Because it was a minor source, 
Rockwell's 1990 emissions were included in the area source portion of 
the Pennsylvania 1990 baseyear emission inventory. On April 8, 1998, 
Pennsylvania requested a SIP revision to transfer Rockwell's 1990 
emissions of CO, VOC and NOX from the area source portion of 
the SIP-approved 1990 baseyear inventory to the point source portion of 
that inventory. In so doing PADEP listed Rockwell (by name) as a point 
source, specified its emissions of CO, VOC and NOX, and 
rendered those emissions eligible for consideration as ERCs in 
accordance with the relevant requirements of the Pennsylvania SIP's new 
source review permitting program.
    This SIP revision is the mechanism chosen by PADEP for EPA to 
recognize Rockwell's specifically quantified 1990 emissions so they 
meet the eligibility criteria to be used as ERCs. Under the SIP-
approved new source review regulation, emission reductions to be used 
as ERCs for purposes of satisfying emission offset requirements must be 
surplus, permanent, quantifiable and both state and federally 
enforceable. To satisfy these requirements, EPA is approving 
Pennsylvania's request to include Rockwell and its emissions of CO, VOC 
and NOX in the point source portion of the SIP-approved 1990 
baseyear inventory. EPA is also recognizing these emissions of CO, VOC 
and NOX as eligible for consideration as ERCs.
    The CO, VOC and NOX emissions reductions were generated 
by the shutdown of the natural gas units and the spray booth at the 
Rockwell Heavy Vehicles, Inc. The plant wide emissions for 1990 for 
Rockwell Heavy Vehicles, Inc. were 8.3 tons per year (TPY) of CO, 13.4 
TPY of VOC and 64.2 TPY of NOX. Pennsylvania is requesting 
that these emissions be included for Rockwell in the point source 
portion of the SIP-approved 1990 baseyear inventory. The Pennsylvania 
banking rules (Chapter 127.206 and 127.207) permit the banking of 
emission reductions as ERCs provided that these reductions meet certain 
criteria, including being quantifiable, permanent, surplus and 
enforceable. Approval of this SIP revision for Rockwell renders the 
emission reductions generated by the shutdown of the facility eligible 
as ERCs under the Pennsylvania SIP. Additional details of the 
determination may be found in PADEP's submittal and the technical 
support document (TSD) prepared to support this rulemaking. Copies of 
these materials are available, upon request, from the EPA Regional 
office listed in the ADDRESSES section of this document.
    EPA is approving the revision to the SIP-approved 1990 baseyear 
emission inventory to include Rockwell Heavy Vehicle, Inc. as a point 
source and is recognizing its emissions of CO, VOC and NOX 
generated by the 1993 shutdown of the facility as being eligible for 
consideration as ERCs under the Pennsylvania SIP.
    EPA is publishing this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the ``Proposed Rules'' section of 
today's Federal Register, EPA is publishing a separate document that 
will serve as the proposal to approve the SIP revision should adverse 
comments be filed. This SIP revision will be effective June 15, 1999, 
without further notice unless the Agency receives adverse comments by 
May 17, 1999. If EPA receives such comments, then EPA will publish a 
timely withdrawal in the Federal Register informing the public that the 
action did not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Parties interested in 
commenting on this action should do so at this time.

III. Final Action

    EPA is approving the revision to the SIP-approved 1990 baseyear 
emission inventory to include Rockwell Heavy Vehicle, Inc. as a point 
source, submitted by the Commonwealth of Pennsylvania on April 8, 1998. 
In so doing EPA is recognizing the emission reductions of CO, 
NOX and VOCs generated by the 1993 shutdown of the facility 
as eligible ERCs under the Pennsylvania SIP.

IV. 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 EPA complies by consulting, E.O. requires EPA to 
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.

[[Page 18820]]

C. Executive Order 13045

    E.O. 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 E.O. 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 E.O. 13045 because it is not an 
economically significant regulatory action as defined by E.O. 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 EPA complies by 
consulting, Executive Order 13084 requires EPA to 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 conditional approvals of 
SIP submittals under section 110 and subchapter I, part D of the CAA 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, I certify 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 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. v. 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 regulation that includes a Federal mandate that may result in 
estimated annual costs to State, local, or tribal governments in the 
aggregate; or to the 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 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 
federal 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 that 
affects only the Rockwell Heavy Vehicles, Inc., New Castle Forge Plant 
located in Lawrence County, Pennsylvania.

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action to approve the 1990 baseyear emission 
inventory for Rockwell Heavy Vehicle, Inc. submitted by DEP must be 
filed in the United States Court of Appeals for the appropriate circuit 
by June 15, 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 the 1990 base year emission inventory for Rockwell Heavy 
Vehicle, Inc. 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, Carbon monoxide, 
Hydrocarbons, Ozone.

    Dated: April 5, 1999.
Thomas C. 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 et seq.

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Subpart NN--Pennsylvania

    2. Section 52.2036 is amended by adding paragraph (k) to read as 
follows:


Sec. 52.2036  1990 Baseyear emission inventory .

* * * * *
    (k) Rockwell Heavy Vehicle, Inc., New Castle Forge Plant, Lawrence 
County--On April 8, 1998 the Pennsylvania Department of Environmental 
Protection requested that EPA include the CO, VOC and NOX 
emissions from this facility in the 1990 base year emission inventory. 
The CO, VOC and NOX emissions from the natural gas units and 
the spray booth of this facility are hereby approved as part of the 
1990 point source inventory. The 1990 CO, VOC and NOX 
emissions from the natural gas units are 8.3 TPY, 1.2 TPY and 64.2 TPY, 
respectively. The 1990 VOC emissions from the spray booth is 12.1 TPY.

[FR Doc. 99-9464 Filed 4-15-99; 8:45 am]
BILLING CODE 6560-50-U