[Federal Register Volume 68, Number 66 (Monday, April 7, 2003)]
[Rules and Regulations]
[Pages 16724-16726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8361]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 201-4202a; FRL-7472-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; NOX RACT Determinations for General Electric 
Transportation Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Commonwealth of Pennsylvania's State Implementation Plan (SIP). The 
revisions were submitted by the Pennsylvania Department of 
Environmental Protection (PADEP) to establish and require reasonably 
available control technology (RACT) for General Electric Transportation 
Systems (GETS). GETS is a major source of nitrogen oxides 
(NOX) located in Erie County, Pennsylvania. EPA is approving 
these revisions to establish NOX RACT requirements in the 
SIP in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on June 6, 2003 without further notice, 
unless EPA receives adverse written comment by May 7, 2003. 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: Written comments should be mailed to Makeba Morris, Acting 
Branch Chief, Air Quality Planning and Information Services Branch, 
Mailcode 3AP21, 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; the Air and Radiation Docket and 
Information Center, U.S. Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20460; and 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, PO Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the CAA, the 
Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania) is 
required to establish and implement RACT for all major volatile organic 
compound (VOC) and NOX sources. 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). Under section 184 of 
the CAA, RACT as specified in sections 182(b)(2) and 182(f) applies 
throughout the OTR. The entire Commonwealth is located within the OTR. 
Therefore, RACT is applicable statewide in Pennsylvania.

II. Summary of SIP Revision

    On December 9, 2002, PADEP submitted a formal revision to its SIP 
to establish and impose RACT for a major source of NOX. The 
RACT determinations and requirements are included in the operating 
permit issued by PADEP. GETS is a coal-fired power generating station 
located in Erie County, Pennsylvania and is considered a major source 
of NOX. In this instance, RACT has been established and

[[Page 16725]]

imposed by PADEP in an operating permit. On December 9, 2002, PADEP 
submitted operating permit No. OP 25-025A to EPA as a SIP revision. 
This operating permit includes three coal fired boilers: Boiler Nos. 1, 
5 and 9. The facility shall perform annual tune-ups, and operate and 
maintain the three boilers in accordance with the manufacturer's 
recommendations. Based on a 30-day rolling average, this operating 
permit contains NOX emission limit rates for each of the 
three boilers of 0.59 lb/MMbtu. This operating permit also contains 
NOX emission limits for the three boilers based on a 12-
month consecutive period. The permit specifies the following limits: 
400 tons per year (tpy) for Boiler No. 1, 324 tpy for Boiler No. 5, and 
520 tpy for Boiler No. 9. NOX emission reports for each 
boiler shall be submitted to PADEP within 30 days of the end of each 
calendar quarter. Coal consumption for each boiler shall be submitted 
on a quarterly basis. The coal consumption report shall be submitted to 
PADEP within 30 days of the end of each calendar quarter. A 
NOX continuous emission monitoring system (CEMS) is required 
for the combined stack from the three boilers which shall be operated 
and maintained in accordance with 25 Pa. Code Chapter 139 and PADEP's 
latest ``Continuous Source Monitoring Manual.'' The CEM system shall be 
approved by PADEP. CEMS reports shall be submitted to PADEP within 30 
days after each calendar quarter, but no later than the time frame 
established in PADEP's latest ``Continuous Source Monitoring Manual.'' 
The operating permit requires GETS to maintain records as follows: (a) 
the facility shall maintain records to demonstrate compliance with 25 
Pa. Code Sections 129.91--129.94; (b) the records shall provide 
sufficient data and calculations to clearly demonstrate that the 
requirements of 25 Pa. Code Sections 129.91--129.94 are met; and (c) 
records shall be retained for at least two years and shall be made 
available to PADEP upon request.

III. EPA's Evaluation of the SIP Revisions

    EPA is approving this SIP submittal because the Commonwealth 
established and imposed requirements in accordance with the criteria 
set forth in SIP-approved regulations for imposing RACT or for limiting 
a source's potential to emit. The Commonwealth has also imposed 
recordkeeping, monitoring, and testing requirements on these sources 
sufficient to determine compliance with these requirements.

IV. Final Action

    EPA is approving a revision to the Commonwealth of Pennsylvania's 
SIP which establishes and requires RACT for GETS (OP 25-025A) located 
in Erie County, Pennsylvania. EPA is publishing this rule without prior 
proposal because the Agency views this as a noncontroversial amendment 
and anticipates no adverse comment. 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 if 
adverse comments are filed. This rule will be effective on June 6, 2003 
without further notice unless EPA receives adverse comment by May 7, 
2003. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will 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. Any parties 
interested in commenting must do so at this time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves 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 (Pub. L. 104-4). This rule also does not 
have tribal implications because it will 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). 
This action also does not have Federalism implications because it does 
not 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). 
This action merely approves 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 rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (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. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. 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 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) 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

[[Page 16726]]

regarding today's action under section 801 because this is a rule of 
particular applicability establishing source-specific requirements for 
General Electric Transportation Systems.

C. 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 June 6, 2003. 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 approving the Pennsylvania's source-specific RACT 
requirements to control NOX emissions from General Electric 
Transportation Systems in Erie County, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: March 19, 2003.
Thomas C. Voltaggio,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. Section 52.2020 is amended by adding paragraph (c)(198) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (198) Revisions pertaining to NOX RACT determinations 
for a major source submitted by the Pennsylvania Department of 
Environmental Protection on December 9, 2002.
    (i) Incorporation by reference.
    (A) Letter of December 9, 2002 from the Pennsylvania Department of 
Environmental Protection transmitting source-specific NOX 
RACT determinations.
    (B) Operating permit (OP) for General Electric Transportation 
Systems, Erie County, OP 25-025A, effective August 26, 2002.
    (ii) Additional Material--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the source listed in paragraph (c)(198)(i)(B) of 
this section.

[FR Doc. 03-8361 Filed 4-4-03; 8:45 am]
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