[Federal Register Volume 66, Number 173 (Thursday, September 6, 2001)]
[Proposed Rules]
[Pages 46571-46573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22362]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA041-4153; FRL-7049-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Reasonably Available Control Technology Requirements for 
Volatile Organic Compounds and Nitrogen Oxides in the Philadelphia-
Wilmington-Trenton Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to remove the limited status of its approval 
of the Commonwealth of Pennsylvania State Implementation Plan (SIP) 
revision that requires all major sources of volatile organic compounds 
(VOC) and nitrogen oxides (NOX) to implement reasonably 
available control technology (RACT) as it applies in the Philadelphia-
Wilmington-Trenton ozone nonattainment area (the Philadelphia

[[Page 46572]]

area). EPA is proposing to convert its limited approval of 
Pennsylvania's VOC and NOX RACT regulations to full approval 
because EPA has approved or is currently conducting rulemaking to 
approve all of the case-by-case RACT determinations submitted by 
Pennsylvania for the affected sources located in the Philadelphia area. 
The intended effect of this action is to remove the limited nature of 
EPA's approval of Pennsylvania's VOC and NOX RACT 
regulations as they apply in the Philadelphia area.

DATES: Written comments must be received on or before October 9, 2001.

ADDRESSES: Written comments should be mailed to Marcia L. Spink, 
Associate Director, Office of Air Programs, Mailcode 3AP20, 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, Philadelphia, Pennsylvania 19103, 
and the Pennsylvania Department of Environmental Protection, Bureau of 
Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Marcia L. Spink, (215) 814-2104, at 
the EPA Region III address above, or by e-mail at [email protected]. 
Please note that while questions may be posed via telephone and e-mail, 
formal comments must be submitted, in writing, as indicated in the 
ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act 
(CAA), the Commonwealth of Pennsylvania (the Commonwealth or 
Pennsylvania) is required to establish and implement RACT for all major 
VOC and NOX sources. State implementation plan revisions 
imposing reasonably available control technology (RACT) for three 
classes of VOC sources are required under section 182(b)(2). The 
categories are all sources covered by a Control Technique Guideline 
(CTG) document issued between November 15, 1990 and the date of 
attainment; all sources covered by a CTG issued prior to November 15, 
1990; and all other major non-CTG sources. Section 182(f) provides that 
the planning requirements applicable to major stationary sources of VOC 
in other provisions in part D, subpart 2 (including section 182) apply 
to major stationary sources of NOX.
    The Pennsylvania SIP already includes approved RACT regulations for 
sources and source categories of VOCs covered by the CTGs as required 
by section 182(b)(2)(A) and (B). Regulations requiring RACT for all 
major sources of VOC and NOX were to be submitted to EPA as 
SIP revisions by November 15, 1992 and compliance required by May of 
1995. On February 4, 1994, PADEP submitted a revision to its SIP 
consisting of 25 Pa Code Chapters 129.91 through 129.95 to require 
major sources of NOX and additional major sources of VOC 
emissions (not covered by a CTG) to implement RACT (non-CTG RACT 
rules). The February 4, 1994 submittal was amended on May 3, 1994 to 
correct and clarify certain presumptive NOX RACT 
requirements under Chapter 129.93. As described in more detail below, 
EPA granted conditional limited approval of the Commonwealth's VOC and 
NOX RACT regulations on March 23, 1998 (63 FR 13789), and 
removed the conditional aspect of the approval on May 3, 2001 (66 FR 
22123).
    Under section 184 of the CAA, RACT as specified in sections 
182(b)(2) and 182(f)) applies throughout the ozone transport region 
(OTR). The entire Commonwealth is located within the OTR. Therefore, 
RACT is applicable statewide in Pennsylvania. The major source size 
generally is determined by the classification of the area in which the 
source is located. However, for areas located in the OTR, the major 
source size for stationary sources of VOC is 50 tons per year (tpy) 
unless the area's classification prescribes a lower major source 
threshold. In the Philadelphia area, which is classified as severe, a 
major source of VOC is defined as one having the potential to emit 25 
tpy or more, and a major source of NOX is also defined as 
one having the potential to emit 25 tpy or more. In the Philadelphia 
area, Pennsylvania's RACT regulations require non-CTG sources that have 
the potential to emit 25 tpy or more of VOC and sources which have the 
potential to emit 25 tpy or more of NOX comply with RACT. 
The regulations contain technology-based or operational ``presumptive 
RACT emission limitations'' for certain major NOX sources. 
For other major NOX sources, and all major non-CTG VOC 
sources (not otherwise already subject to RACT pursuant to a source 
category regulation under the Pennsylvania SIP), the regulations 
contain a ``generic'' RACT provision. A generic RACT regulation is one 
that does not, itself, specifically define RACT for a source or source 
categories but instead allows for case-by-case RACT determinations. The 
generic provisions of Pennsylvania's regulations allow for PADEP to 
make case-by-case RACT determinations that are then to be submitted to 
EPA as revisions to the Pennsylvania SIP.
    On March 23, 1998, EPA granted conditional limited approval to the 
Commonwealth's generic VOC and NOX RACT regulations (63 FR 
13789). In that action, EPA stated that the conditions of its approval 
would be satisfied once the Commonwealth either (1) certifies that it 
has submitted case-by-case RACT proposals for all sources subject to 
the RACT requirements currently known to PADEP; or (2) demonstrates 
that the emissions from any remaining subject sources represent a de 
minimis level of emissions as defined in the March 23, 1998 rulemaking.
    On April 22, 1999, PADEP made the required submittal to EPA, 
certifying that it had met the terms and conditions imposed by EPA in 
the conditional limited approval by submitting 485 case-by-case VOC/ 
NOX RACT determinations as SIP revisions and making the 
demonstration described as condition 2, above. On May 3, 2001 (66 FR 
22123), EPA published a rulemaking determining that Pennsylvania had 
satisfied the conditions imposed in its conditional limited approval. 
Thus, in that rulemaking, EPA removed the conditional status of its 
approval of the Commonwealth's generic VOC and NOX RACT 
regulations on a statewide basis. The final rule removing the 
conditional status of Pennsylvania's VOC and NOX RACT 
regulations became effective on June 18, 2001. As of that time, 
Pennsylvania's generic VOC and NOX RACT regulations retained 
a limited approval status.
    It should be noted that the Commonwealth has adopted and is 
implementing additional ``post RACT requirements'' to reduce seasonal 
NOX emissions in the form of a NOX cap and trade 
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule 
developed by the States in the OTR. That rule's compliance date is May 
1999. That regulation was approved as SIP revision on June 6, 2000 (65 
FR 35842). This SIP-approved regulation is more stringent than the 
case-by-case RACT determinations submitted by Pennsylvania for the 
affected sources in that it requires more total reductions in 
NOX emissions from that group of sources than does their 
combined case-by-case RACT submittals. Pennsylvania has also adopted 
regulations to satisfy Phase I of the NOX SIP call and 
submitted those regulations to EPA for SIP approval. Pennsylvania's SIP 
revision to address the requirements of

[[Page 46573]]

the NOX SIP Call Phase I consists of the adoption of Chapter 
145--Interstate Pollution Transport Reduction and amendments to Chapter 
123--Standards for Contaminants. On May 29, 2001 (66 FR 29064), EPA 
proposed approval of the Commonwealth's NOX SIP call rule 
SIP submittal. On August 21, 2001 (66 FR 43795), EPA published its 
final rule approving the Commonwealth's NOX SIP call rule 
SIP submittal. Subsequent Federal approval of a case-by-case RACT 
determination for a major source of NOX in no way relieves 
that source from any applicable, and previously SIP-approved, 
requirements found in 25 PA Code Chapters 121, 123 and 145.

II. EPA's Action

    As EPA stated in its May 3, 2001 final rule (66 FR 22123), 
conversion from limited to full approval would occur when EPA has 
approved the case-by-case RACT determinations submitted by PADEP to 
satisfy the condition imposed by EPA in its March 23, 1998 (63 FR 
13789) final rule. EPA has approved or is currently conducting 
rulemaking to approve all of the case-by-case RACT determinations 
submitted by PADEP to satisfy the condition imposed in EPA's March 23, 
1998 (63 FR 13789) final rule for affected major sources of 
NOX and/or VOC sources located in Bucks, Chester, Delaware, 
Montgomery, and Philadelphia Counties, the five counties that comprise 
the Pennsylvania portion of the Philadelphia area.

Proposed Action

    EPA is proposing to convert its limited approval of Pennsylvania's 
generic VOC and NOX RACT regulations, 25 Pa Code Chapter 
129.91 through 129.95, to full approval as they apply in the five-
county Pennsylvania portion of the Philadelphia-Wilmington-Trenton 
ozone nonattainment area. EPA has approved or is currently conducting 
rulemaking to approve all of the case-by-case RACT determinations 
submitted by PADEP to satisfy the condition imposed in EPA's March 23, 
1998 (63 FR 13789) final rule for affected major sources of 
NOX and/or VOC sources located in Bucks, Chester, Delaware, 
Montgomery, and Philadelphia Counties, the five counties that comprise 
the Pennsylvania portion of the Philadelphia area. Final action 
converting the limited approval to full approval shall occur once EPA 
has completed rulemaking to approve either (1) the case-by-case RACT 
proposals for all sources subject to the RACT requirements currently 
known in the Philadelphia area, or (2) for a sufficient number of 
sources such that the emissions from any remaining subject sources 
represent a de minimis level of emissions as defined in the March 23, 
1998 rulemaking (63 FR 13789) .

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4). This proposed rule also does not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This proposed rule regarding Pennsylvania's generic VOC and 
NOX RACT regulations as they apply in the Philadelphia area 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Nitrogen dioxide, Ozone.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 29, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 01-22362 Filed 9-5-01; 8:45 am]
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