43134 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Proposed Rules

rule, no further activity is contemplated

in relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

DATES: Comments must be received in

writing by September 11, 1997.

ADDRESSES: Written comments should

be addressed to David L. Arnold, Chief,

Ozone/CO and Mobile Sources,

Mailcode 3AT21, U.S. Environmental

Protection Agency, Region III, 841

Chestnut Building, Philadelphia,

Pennsylvania 19107. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours at the Air,

Radiation, and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107;

Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Cynthia H. Stahl, (215) 597–9337, at the

EPA Region III address above.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action of the same title which is located

in the Rules and Regulations Section of

this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: August 4, 1997.

Marcia E. Mulkey,

Acting Regional Administrator, Region III.

[FR Doc. 97–21268 Filed 8–11–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 041–4013; FRL–5873–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania Conditional Limited

Approval of the Pennsylvania VOC and

NOX RACT Regulation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing conditional

limited approval of a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Pennsylvania. This revision establishes

and requires major sources of volatile

organic compounds (VOCs) and

nitrogen oxides (NOX) to implement

reasonably available control technology

(RACT). The intended effect of this

action is to propose conditional limited

approval of the Pennsylvania RACT

regulation (Chapter 129.91–129.95).

DATES: Comments must be received on

or before September 11, 1997.

ADDRESSES: Comments may be mailed to

David L. Arnold, Chief, Ozone/CO and

Mobile Sources, Mailcode 3AT21, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Cynthia H. Stahl, (215) 566–2180, at the

EPA Region III address above, or via email at stahl.cynthia@epamail.epa.gov.

While information may be requested via

e-mail, any comments must be

submitted in writing to the EPA Region

III address above.

SUPPLEMENTARY INFORMATION:

Background

On February 4, 1994, the

Pennsylvania Department of

Environmental Protection (PA DEP, then

known as the Pennsylvania Department

of Environmental Resources) submitted

a revision to its State Implementation

Plan (SIP) for the control of VOC and

NOX emissions from major sources

(Pennsylvania Chapters 129.91 through

129.95. This submittal was amended

with a revision on May 3, 1994

correcting and clarifying the

presumptive NOX RACT requirements

under Chapter 129.93. The submittal

was again amended on September 18,

1995 by the withdrawal from EPA

consideration of the provisions

129.93(c) (6) and (7) pertaining to best

available control technology (BACT)

and lowest achievable emission rate

(LAER). The Pennsylvania SIP revision

consists of regulations that would

require sources that emit or have the

potential to emit 25 tons or more of VOC

or NOX per year in the Pennsylvania

portion of the Philadelphia-WilmingtonTrenton ozone nonattainment area (the

Philadelphia area) or 50 tons or more of

VOC per year in the remainder of the

Commonwealth to comply with

reasonably available control technology

requirements by May 31, 1995. Outside

the Philadelphia ozone nonattainment

area, sources of NOX that emit or have

the potential to emit 100 tons or more

per year are required to comply with

RACT by no later than May 31, 1995.

While the Pennsylvania regulations

contain specific provisions requiring

major VOC and NOX sources to

implement RACT, the regulations under

review do not contain specific emission

limitations in the form of a specified

overall percentage emission reduction

requirement or other numerical

emission standards. Instead, the

Pennsylvania regulations contain

technology-based or operational

‘‘presumptive RACT emission

limitations’’ for certain major NOX

sources. For other major NOX sources

and all covered major VOC sources, the

submittal contains a ‘‘generic’’ RACT

provision. Pennsylvania’s generic RACT

regulation does not impose specific upfront emission limitations, but instead

allows for future case-by-case

determinations. This regulation allows

PA DEP to make case-by-case RACT

determinations that are then submitted

to EPA for approval as revisions to the

Pennsylvania SIP.

On January 12, 1995 (60 FR 2912),

EPA proposed three alternative

rulemaking actions pertaining to the

Pennsylvania RACT regulation (60 FR

2912). Many comments were received in

response to that proposed Federal

Register notice. EPA is hereby

withdrawing that notice of proposed

actions and reproposing conditional

limited approval of this Pennsylvania

SIP revision. Because EPA is

withdrawing its January 12, 1995

proposed actions, the comments

submitted on the January 12, 1995

notice of proposed rulemaking will not

be addressed. Any comments in

response to today’s notice should be

sent to the EPA Region III address

located in the ADDRESSES section of this

notice.

Today’s Rulemaking Action

EPA is proposing conditional limited

approval of the Pennsylvania VOC and

NOX RACT regulations, Chapter 129.91

through 129.95. EPA is proposing to

conditionally approve the SIP revision

based upon PA DEP meeting its

commitment to submit all the case-bycase RACT proposals, for all of the

sources it has identified as being subject

to the major source RACT regulations,

as source-specific revisions to the SIP

no later than twelve months from the

effective date of EPA’s final conditional

limited approval of the Pennsylvania

VOC and NOX RACT regulations.

Pennsylvania submitted its commitment
Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Proposed Rules 43135

in a letter to EPA dated September 23,

1996. Once the Commonwealth has

satisfied this condition, EPA shall

remove the conditional status of its

approval and the Pennsylvania VOC and

NOX regulations SIP revision will, for

the time being, retain its limited

approval status. EPA is also proposing

limited approval of the Pennsylvania

VOC and NOX RACT regulations SIP

revision on the basis that its approval

will strengthen the SIP. The limited

approval of the generic VOC and NOX

regulations SIP revision shall be

converted to full approval once EPA has

approved each of Pennsylvania’s caseby-case RACT proposals as SIP

revisions. This conditional limited

approval action is action that is being

taken under section 110 of the Clean Air

Act.

Summary of Pennsylvania’s VOC and

NOX RACT Regulations SIP Revision

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). The entire

Commonwealth is located in the OTR.

The Pennsylvania portion of the

Philadelphia ozone nonattainment area

consists of Bucks, Chester, Delaware,

Montgomery, and Philadelphia

Counties. The Philadelphia ozone

nonattainment area 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

for major stationary sources (including

RACT as specified in sections 182(b)(2)

and 182(f)) apply throughout the OTR.

Therefore, RACT is applicable statewide

in Pennsylvania.

The SIP submittal under review

consists of Pennsylvania regulations

codified at 25 Pa. Code Chapters 129.91

through 129.95.

Chapter 129.91—Chapter 129.91

contains the applicability section, and

requires owners and operators of

covered sources (i.e. all major NOX

sources and major VOC sources not

covered by the source-specific and

mobile source RACT requirements of 25

Pa. Code sections 129.51–129.72,

129.81, and 129.82) to provide PA DEP

with identification and emission

information by May 16, 1994. Covered

sources must submit a written RACT

proposal to PA DEP by July 15, 1994. PA

DEP is to approve, deny or modify each

RACT proposal. Upon notification of

approval, covered sources must

implement RACT ‘‘as expeditiously as

practicable’’ but no later than May 31,

1995.

Following implementation of RACT,

certain large combustion units are

required to determine emission rates

through continuous emissions

monitoring or a PA DEP approved

source testing or modeling program. 25

Pa. Code 129.91(d) provides for the

case-by-case RACT determinations to be

approved through the SIP revision

process.

Chapter 129.92—Chapter 129.92

details the information required in the

RACT proposals submitted by these

major VOC and NOX sources. Except for

sources that opt for the presumptive

RACT emission limitations, the

proposal must include a RACT analysis.

This RACT analysis must rank the

available control options in descending

order of control effectiveness, provide

information on baseline emissions and

emission reductions, and evaluate the

cost effectiveness of each control option.

The Pennsylvania regulation requires

that, at a minimum, the cost

effectiveness portion of the RACT

analysis use the procedures in ‘‘OAQPS

Control Cost Manual’’ (Fourth Edition),

EPA 450/3–90–006, January 1990 and

subsequent revisions. This provision

clearly requires sources to provide

relevant information in their RACT

proposal, including cost factors, but

does not limit the consideration of

factors that determine what control

option is chosen as RACT to cost factors

alone, nor does it limit the method of

evaluating costs to those found in the

OAQPS Control Cost Manual. The

Pennsylvania generic regulation

properly does not specify a dollar per

ton figure as a threshold over which

control options are ineligible for

consideration from RACT.

Chapter 129.93 (Presumptive NOX

RACT requirements)—Chapter 129.93

provides certain major NOX sources

with an alternative to case-by-case

RACT determinations. Chapter

129.93(b)(1) specifies that presumptive

RACT for coal-fired combustion units

with a rated heat input equal to or

greater than 100 million British Thermal

Units per hour (mmBTU/hr) is the

installation of low NOX burners with

separate overfired air. Chapter

129.93(b)(2) provides that presumptive

RACT for combustion units with a rated

heat input between 20 mmBTU/hr and

50 mmBTU/hr is an annual adjustment

or tune-up of the combustion process.

Chapter 129.93(b) (4) and (5) provides

that owners and operators of oil, gas and

combination oil/gas-fired units are

required to keep records of fuel

certification and to perform annual

adjustment in accordance with the EPA

document ‘‘Combustion Efficiency

Optimization Manual for Operators of

Oil and Gas-Fired Boilers’’, September

1983, EPA–340/1–83–023, or equivalent

PA DEP procedures.

For the following groups of sources,

Pennsylvania proposes that RACT is the

installation, maintenance and operation

of sources in accordance with

manufacturer’s specifications. These

groups are listed in Chapter 129.93(c)

(1) through (7), as follows: (1) Boilers

and combustion sources with individual

rated gross heat inputs of less than 20

mmBTU/hr; (2) combustion turbines

with individual heat input rates of less

than 25 mmBTU/hr, which are used for

natural gas distribution; (3) internal

combustion engines rated at less than

500 brake horsepower (bhp), which are

set and retarded 4° relative to standard

timing; (4) incinerators or thermal/

catalytic oxidizers used primarily for air

pollution control; and (5) any fuel

burning equipment, gas turbine or

internal combustion engine with an

annual capacity factor of less than 5%,

or an emergency standby engine

operating less than 500 hours in a

consecutive 12-month period.

Chapter 129.94 (NOX Averaging)—

Chapter 129.94 permits major NOX

sources to submit a RACT proposal that

includes averaging of emissions at two

or more facilities provided several

conditions are met and the proposal is

approved by EPA as a revision to the

Pennsylvania SIP. Among other

conditions, the averaging scheme must

require emission caps and enforceable

emission rates at each participating

source, telemetry links between the

participating sources, and an up-front

agreement that a violation at one of the

participating sources is considered a

violation at all of the participating

sources.

Chapter 129.95—Chapter 129.95 is

the record keeping provision that is

applicable to all VOC and NOX sources

in the Commonwealth. This section

clearly requires that records be kept for

a period of at least 2 years and that such

records must provide sufficient data and

calculations to demonstrate compliance

with the applicable RACT requirements.

This section also requires that sources of

VOC and NOX that claim exemptions

from the RACT requirement maintain

records that clearly demonstrate their

exempt status.

EPA’s Analysis of the SIP Revision

RACT Proposal Requirements—

Chapter 129.92 requires sources to
43136 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Proposed Rules

provide information on the emission

reduction, technological feasibility, and

cost of control options. This

requirement is consistent with EPA’s

definition of RACT as the lowest

emission limitation that a source is

capable of meeting by the application of

control technology that is reasonably

available considering technological and

economic feasibility. See NOX

Supplement to the General Preamble on

Title I, 57 FR 55620, 55622–23 (Nov. 25,

1992); CTG Supplement to the General

Preamble on SIP revisions to

Nonattainment Areas, 44 FR 53761,

53762 (Sept. 17, 1979); ‘‘Guidance for

Determining Acceptability of SIP

regulations in Nonattainment Areas,’’

Memorandum of Roger Strelow,

Assistant Administrator for Air and

Waste Management (Dec. 9, 1976).

Generic VOC and NOX RACT

Requirements—Chapter 129.91 contains

Pennsylvania’s generic, or ‘‘case-bycase,’’ RACT provisions. Under this

approach, the applicable sources are not

subject to specific, ‘‘up-front’’ (i.e.

immediately ascertainable) emission

limitations. Instead, the regulations

establish a process for the state to

review and approve individual RACT

emission limitations proposed by the

sources, which are then to be submitted

to EPA as SIP revisions. Since the wood

furniture emission standards contained

in the existing Pennsylvania regulation

have not been federally approved,

Chapter 129.91 states that wood

furniture sources are required to comply

with the RACT requirements of Chapter

129.91.

Pennsylvania believes that the caseby-case approach is consistent with the

RACT requirements of the Clean Air

Act. Pennsylvania notes that section

172(c)(1) requires that nonattainment

plan provisions ‘‘shall provide for the

implementation of [RACT] as

expeditiously as practicable * * *.’’

Section 182(b)(2) provides that SIP

submittals for moderate ozone

nonattainment areas shall ‘‘include

provisions to require implementation of

[RACT],’’ and further requires that the

submittals ‘‘provide for the

implementation of required measures as

expeditiously as practicable, but no later

than May 31, 1995.’’ The

Commonwealth believes that the design,

age, and nature of the industrial

processes of the individual sources, for

which RACT must be required, vary so

widely that case-by-case RACT

determinations are warranted, as no

‘‘across the board’’ emission limitations

could be reasonably imposed as

satisfying the definition of RACT,

namely the lowest emission limitation

that a source is capable of meeting

considering technological and economic

feasibility.

However, EPA’s interpretation of the

statutory requirements, and the one that

accords with EPA’s longstanding

definition of RACT, is that a state

submittal of a SIP revision to satisfy the

Act’s requirements for RACT must

include specific, up-front emission

limitations for all covered sources,

rather than a process leading to the

development of emission limitations at

some later date. States are required to

establish these specific, up-front

emission limitations and submit them as

SIP revisions to EPA for approval as

RACT. EPA evaluates these SIP

submittals to determine whether or not

the emission limitations imposed by the

state satisfy the definition of RACT for

the covered sources. EPA defines RACT

as the lowest emission limitation that a

source is capable of meeting by the

application of control technology that is

reasonably available considering

technological and economic feasibility.

Section 302 of the Act in turn defines

‘‘emission limitation’’ as a ‘‘requirement

* * * which limits the quantity, rate or

concentration of air pollutants on a

continuous basis, * * *, and any design,

equipment, work practice or operational

standard promulgated under this

chapter.’’ Process-oriented generic

regulations, such as those submitted by

Pennsylvania, which do not include

specific and ascertainable emission

limitations, do not by themselves

provide standards for EPA to approve or

disapprove as satisfying the definition

of RACT. Therefore, the Act’s RACT

requirements are satisfied only after the

specific limitations imposed by the

Commonwealth on its major sources

have been submitted to EPA as SIP

revisions and approved by EPA as

RACT for the subject sources.

Furthermore, EPA believes that the

May 31, 1995 RACT implementation

deadline specified in section 182(b)(2)

of the Act does not authorize states to

delay the promulgation of RACT

standards beyond the SIP submittal

deadline of November 15, 1992. EPA

believes that the extended

implementation deadline was designed

to give sources an adequate opportunity

to understand and comply with newlypromulgated RACT standards, and to

give EPA the opportunity to review

RACT SIP submittals prior to the

implementation date. Under its generic

case-by-case RACT approach, the

Commonwealth was not in a position to

submit case-by-case RACT emission

limitations as SIP revisions until some

months after July 15, 1994 (the date that

sources are required to submit RACT

proposals to PA DEP). While

Pennsylvania has made substantial

progress in the submittal of its case-bycase RACT proposals, it has not yet

submitted all of the case-by-case RACT

determinations required by its generic

RACT regulation to EPA as sourcespecific SIP revisions.

As mentioned above, Pennsylvania’s

generic RACT regulation outlines a

process that must be followed by those

sources choosing to have RACT

determined on a case-by-case basis.

Included in this process outlined by the

Pennsylvania regulation is a reference to

the OAQPS Control Cost Manual and its

subsequent amendments. Since the

current OAQPS Control Cost Manual

does not contain any specific chapters

on NOX control costs, more appropriate

methods to determine estimated costs

for NOX controls must be used. The cost

analysis methodology used to

implement the Act’s Acid Rain program

is certainly a candidate. Because States

and EPA do not have complete

knowledge of any individual company’s

overall financial picture and must rely

on the cost calculations and financial

information submitted that company in

making a source-specific RACT

determination when considering the

calculated cost (i.e., in terms of dollars

per ton), judgement must be exercised

so as to not overemphasize it as a factor

in determination of economic feasibility

or in the overall determination of RACT.

The calculated costs submitted to the

Commonwealth, and subsequently to

EPA by PA DEP in support of the

source-specific SIP revisions of RACT

proposals, can be only one of the factors

considered in the case-by-case

determinations as to what RACT is for

those sources. Using cost as one of many

variables considered in determining

RACT is consistent with both the

Pennsylvania regulation and with EPA’s

policies and guidance on determining

RACT.

Separate from its submittal of the

generic RACT regulation to EPA, PA

DEP has prepared its own guidance for

industrial sources requiring case-by-case

RACT determinations. Pennsylvania has

stated that the intent of its guidance is

to facilitate the approval of case-by-case

RACT. EPA’s review and approval of

Pennsylvania’s case-by-case RACT

proposals, when they are duly

submitted as SIP revisions, is based

upon the information submitted for the

official record and upon whether these

proposals meet the criteria for technical

and economic feasibility pursuant to

EPA’s and the Commonwealth’s

definition of RACT. Guidance and

procedures that include such principles

as establishing a maximum dollar per

ton threshold for use in the
Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Proposed Rules 43137

determination of all case-by-case RACTs

or establishing a RACT emission limit

based on the median of monitored data

plus nearly three standard deviations,

are examples of procedures that EPA

finds inconsistent with the definition of

RACT.

Because Pennsylvania’s SIP revision

submittal requesting approval of the

generic VOC and NOX RACT

regulations, itself, does not reference or

contain such guidance or procedures,

EPA is able to propose conditional

limited approval of the Pennsylvania

generic RACT regulations.

Presumptive NOX RACT

Requirements—Pennsylvania gives

major NOX sources the option of

complying with the ‘‘presumptive RACT

emission limitations’’ of Chapter 129.93

as an alternative to developing and

implementing a RACT limit on a caseby-case basis. The proposed

presumptive RACT in Chapter

129.93(c)(3) for internal combustion

engines, which requires the engines to

be set and maintained at 4° retarded

relative to standard timing, is acceptable

to EPA.

EPA has identified deficiencies in the

other presumptive RACT emission

limitations of Chapter 129.93. For coalfired combustion units (100 mmBTU/hr

or greater), Chapter 129.93(b)(1)

provides that presumptive RACT is low

NOX burners with separate overfired air

control technology. Although EPA

accepts Pennsylvania’s determination

that this technology constitutes RACT

for this source category, the agency

believes it is necessary and appropriate

to quantify the emission reduction

required to be obtained through this

technology. While RACT for these types

of units may specify the installation of

low NOX burners and separate overfired

air, EPA believes that RACT for these

sources must include the requirement to

meet specific numeric emission

limitations. Installation of low NOX

burners and separate overfired air does

not ensure that these controls will be

operated in a manner that minimizes

NOX emissions. EPA cannot agree that

installation of low NOX burners and

separate overfired air alone represents

RACT. Pennsylvania may correct this

deficiency with an additional SIP

submittal including enforceable,

numerical emission limitations to be

met through the installation of the low

NOX burner and separate overfired air

control technology for each of those

units subject to this provision of the

Pennsylvania regulation. Coal-fired

combustion units greater than or equal

to 100 mmBTU/hr represent a

significant portion of the NOX emissions

inventory in Pennsylvania. Establishing

specific emission limitations for these

sources in the SIP will allow

Pennsylvania to quantify and rely on the

expected emission reductions from

these sources for air quality planning

purposes.

The proposed presumptive RACT

determinations contained in Chapters

129.93(b)(2) and 129.93(c) (1), (2), (4),

and (5) have been found to be

acceptable to EPA because Pennsylvania

has provided information stating that

there are no other technically or

economically feasible controls. The

emissions from these sources, in total,

represent less than 5% of the total 1990

NOX emissions inventory. It is not

acceptable, however, for the RACT to be

defined, without further elaboration, as

‘‘installation, maintenance and

operation of the source in accordance

with manufacturer’s specifications.’’

Once approved by EPA, a RACT

standard cannot be relaxed by action of

a private party. Such a result might

occur if RACT is defined simply as

compliance with manufacturer’s

specifications. Pennsylvania must

correct the deficiencies in Chapter

129.93(b)(2), (c) (1), (2), (4), and (5) by

removing the ability of a private party

to relax unilaterally a RACT standard by

specifying that, in addition to being

operated and maintained in accordance

with a manufacturer’s specifications, the

equipment will also be maintained in

accordance with good air pollution

control practices. Pennsylvania has

agreed to correct this deficiency in its

regulation through additional language

in each of the individual source permits

where this is determined to be RACT.

This additional language requires that

these sources operate and maintain the

emission units in accordance with good

air pollution control practices and

manufacturer’s specifications. EPA has

determined that Pennsylvania’s solution

of adding the ‘‘good air pollution

control practice’’ language to the

individual source permits is a practical

and acceptable alternative to revising

the Pennsylvania RACT regulations for

these sources, Chapter 129.93. EPA has

determined that Pennsylvania’s

alternative to require these sources to

operate and maintain the emission units

in accordance with good air pollution

control practices and manufacturer’s

specifications is acceptable. EPA

interprets ‘‘good air pollution control

practices’’ to mean only those

technically supportable operation and

maintenance requirements that result in

the equipment being operated,

maintained and repaired in a manner

that achieves the minimization of NOX

emissions.

NOX Averaging Provision—The NOX

averaging provision in Chapter 129.94 is

acceptable to EPA since there is the

opportunity for further refinement of the

averaging scheme conditions and

assurance of enforceability, when the

individual averaging proposals are

submitted to EPA as SIP revisions.

Record keeping—The record keeping

requirements of Chapter 129.95 are

consistent with EPA requirements.

Terms of and Rationale for Conditional

Approval

EPA’s proposal includes proposed

conditional approval of Pennsylvania’s

VOC and NOX regulations SIP revision,

based upon the Commonwealth’s

commitment to submit for approval into

the SIP, the case-by-case RACT

proposals for all sources subject to the

RACT requirements currently known to

PA DEP. The Commonwealth submitted

this commitment in a letter to EPA

dated September 23, 1996. The case-bycase RACT proposals must be submitted

by a date certain that is no later than 12

months after the effective date of EPA’s

final conditional approval.

Therefore, to fulfill the condition of

this approval the Commonwealth must,

by no later than 12 months after the

effective date of EPA’s final conditional

approval of the generic VOC and NOX

RACT regulations SIP: (1) Certify that it

has submitted case-by-case RACT

proposals for all sources subject to the

RACT requirements currently known to

PA DEP; or (2) demonstrate that the

emissions from any remaining subject

sources represent a de minimis level of

emissions, as defined below. Once EPA

has determined that the Commonwealth

has satisfied this condition, EPA shall

remove the conditional nature of its

approval and the Pennsylvania VOC and

NOX regulations SIP revision will, at

that time, retain limited approval status.

Should the Commonwealth fail to meet

the condition specified above, the final

conditional limited approval of the

Pennsylvania VOC and NOX RACT

regulation SIP revision shall convert to

a disapproval.

Definition of De Minimis

For states with a generic VOC RACT

regulation intended to regulate all nonControl Technology Guideline (nonCTG) VOC sources, de minimis is

determined by comparing the total 1990

emissions of all non-CTG VOC major

sources in the Commonwealth, where a

CTG had not been issued at the time of

the state submittal of the generic VOC

RACT regulation with the total

emissions of those non-CTG VOC

sources subject to the generic RACT

where these source-specific RACTs have
43138 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Proposed Rules

not yet been approved by EPA. For

example, while not applicable to the

Pennsylvania generic RACT submittal,

since EPA has issued CTGs for ship

building and repair and wood furniture

coatings in August 1996 and May 1996,

respectively, EPA’s de minimis

procedure for a state submittal

subsequent August 1996 would require

that all RACTs for those CTG category

sources and for shipbuilding and repair

and wood furniture coating be approved

and that the de minimis procedure as

described in this notice apply only to

those VOC emissions from sources that

are neither CTG sources or shipbuilding

or wood furniture sources. The VOC

emissions from these remaining major

sources are still subject to the RACT

requirement but EPA can lift the

conditional status of its approval of the

state generic RACT rule prior to SIP

approval for those sources that represent

a de minimis amount of VOC emissions.

In Pennsylvania’s case, the generic

RACT rule was submitted in February

1994. The post-1990 CTG issued prior to

DEP’s submittal is Synthetic Organic

Chemical Manufacturing Industry

(SOCMI) Distillation and Reactor

Processes. Therefore, the VOC emissions

from this source category are excluded

from the pool of VOC total emissions

used to determine whether the amount

of emissions remaining is de minimis.

For Pennsylvania, de minimis is

determined by comparing the total 1990

emissions of all NOX major sources in

the Commonwealth, subtracting those

NOX emissions attributed to utility

boilers and then comparing this figure

with those NOX sources that are subject

to the RACT requirement but where

these source-specific RACTs have not

yet been approved by EPA. EPA is

specifically targeting utility boiler

emissions and is requiring these

emissions to be subtracted from the total

NOX inventory for this exercise because,

while there has not been a CTG issued

for them, there is an Alternative Control

Technology (ACT) guidance document,

guidance issued through the NOX

Supplement to the Title I General

Preamble (57 FR 55620), and other nonEPA sources of information on

reasonably available controls for these

types of NOX sources.

In addition, unlike any single source

category in the non-CTG VOC emissions

inventory, utility boiler emissions

represent a very large part of the NOX

emissions inventory. For this reason, the

case-by-case RACT proposals for all

subject utility boilers must be submitted

by the Commonwealth as SIP revisions

within 12 months of the effective date

of the final conditional limited approval

of the generic VOC and NOX regulations

SIP revision, and any de minimis

demonstration must be baselined from

the amount of NOX emissions from all

major sources required to implement

RACT minus the emissions from utility

boilers.

Even after the conditional status of

EPA’s approval of the Pennsylvania

RACT regulation is removed, PA DEP

must still continue to submit, and have

EPA approve into the Pennsylvania SIP,

RACT requirements for the remaining

de minimis amount of emissions.

Therefore, removal of the conditional

status to limited approval status in no

way changes PA DEP’s statutory

obligation to implement RACT for all

major sources.

Rationale for Also Proposing Limited

Approval

The current Pennsylvania SIP does

not contain a general requirement that

all major sources must implement

RACT. While EPA does not believe that

the Pennsylvania generic VOC and NOX

RACT regulation satisfies the Act’s

RACT requirements as discussed

previously in this notice, EPA is also

proposing limited approval of the

Pennsylvania generic RACT regulation

on the basis that it strengthens the

Pennsylvania SIP. Once EPA has

approved all of the case-by-case RACT

proposals as SIP revisions, the limited

approval will convert to full approval.

EPA’s review of this material

indicates that proposing conditional

limited approval is warranted. EPA is

soliciting public comments on the

issues discussed in this notice. These

comments will be considered before

taking final action. Interested parties

may participate in the federal

rulemaking procedure by submitting

written comments to the EPA Regional

office listed in the ADDRESSES section of

this notice. Further discussion and

details of this rulemaking action can be

found in the accompanying technical

support document (TSD). Copies of the

TSD may be obtained from that same

EPA Regional office.

Proposed Action

EPA is proposing conditional limited

approval of the Pennsylvania VOC and

NOx RACT regulation, Chapter 129.91

through 129.95. EPA is proposing

conditional limited approval of this SIP

revision based upon the commitment

made by Pennsylvania to submit all the

case-by-case RACT proposals for

sources it is currently aware of as being

subject to the major source RACT

regulations. On September 23, 1996,

Pennsylvania submitted a letter to EPA

committing to: (1) Complete submission

of the SIP revisions required by Chapter

129.91(h) containing RACT

determinations for the major VOC and

NOx sources in the Commonwealth that

are subject to the RACT rule, or for

sources that are subject to the RACT

rule but fail to submit a RACT plan, PA

DEP will initiate appropriate

enforcement action to obtain

compliance with the rule; and (2)

provide a written statement to EPA that,

to the best of its knowledge, it has

completed submission of the SIP

revisions described above within one

year of the effective date of the final

conditional limited approval of the

Pennsylvania generic RACT rule.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to any SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000. Approvals and

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 this

approval of this revision to the federal

SIP would not impose any new

requirements, EPA certifies that it

would not have a significant impact on

any small entities affected. Moreover,

due to the nature of the federal-state

relationship under the CAA, 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).

Today’s actions are proposal actions

upon which EPA is soliciting

comments. In the unlikely event that

Pennsylvania were to fail to meet its

commitment and did not satisfy the

condition described herein, the

conditional limited approval would be

converted to a disapproval. Such

conversion would trigger the 18-month

clock for the mandatory imposition of
Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Proposed Rules 43139

sanctions under section 179(a) of the

CAA and 40 CFR 52.31, EPA’s sanction

rule. If the conditional approval is

converted to a disapproval under

section 110(k), based on the State’s

failure to meet the commitment, it will

not affect any existing state

requirements applicable to small

entities. Federal disapproval of the state

submittal would not affect its stateenforceability. Moreover, EPA’s

disapproval of the submittal would not

impose a new federal requirement.

Therefore, EPA certifies that any such

disapproval action would not have a

significant impact on a substantial

number of small entities because it

would not remove existing requirements

nor would it substitute a new federal

requirement.

Under Section 202 of the Unfunded

Mandates Reform Act of 1995, 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

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 of the Unfunded Mandates

Act 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 costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This federal action

proposes to approve 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.

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

The Administrator’s decision to

approve or disapprove the SIP revision,

pertaining to the Pennsylvania generic

VOC and NOx RACT rule, will be based

on whether it meets the requirements of

section 110(a)(2) (A)–(K) and part D of

the Clean Air Act, as amended, and EPA

regulations in 40 CFR Part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Nitrogen dioxide, Ozone.

Authority: 42 U.S.C. 7401–7671q.

Dated: August 4, 1997.

Marcia E. Mulkey,

Acting Regional Administrator, Region III.

[FR Doc. 97–21269 Filed 8–11–97; 8:45 am]

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ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–178–02–9724b; TN 179–01–9723b; FRL–

5871–8]

Approval and Promulgation of Air

Quality Implementation Plans,

Tennessee; Approval of Revisions to

the Chattanooga/Hamilton County

Portion Regarding Prevention of

Significant Deterioration (PSD),

Nitrogen Oxides, Lead Emissions, and

Volatile Organic Compounds (VOC),

and PM10 Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

revisions to the Chattanooga/Hamilton

County (Chattanooga) portion of the

Tennessee State Implementation Plan

(SIP) regarding nitrogen oxides,

prevention of significant deterioration

(PSD), lead sources, stack heights,

infectious waste incinerators, and

volatile organic compound (VOC)

reasonably available control technology

(RACT) for miscellaneous metal parts

coaters and synthesized pharmaceutical

products, and PM10. In the final rules

section of this Federal Register, the EPA

is approving the State’s SIP revision as

a direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision amendment

and anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: To be considered, comments

must be received by September 11,

1997.

ADDRESSES: Written comments on this

action should be addressed to Karen

Borel, at the EPA Regional Office listed

below. Copies of the documents relative

to this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection Agency,

401 M Street, SW, Washington, DC

20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Chattanooga/Hamilton County Air

Pollution Control Bureau, 3511

Rossville Boulevard, Chattanooga,

Tennessee 37407–2405, 423/867-4321.

Tennessee Department of

Environment and Conservation,

Division of Air Pollution Control, 9th

Floor L & C Annex, 401 Church Street,

Nashville, Tennessee 37243–1531.

FOR FURTHER INFORMATION CONTACT:

Interested persons wanting to examine

documents relative to this action should

make an appointment with the Region 4

Air Programs Branch at least 24 hours

before the visiting day. To schedule the

appointment or to request additional

information, contact Karen Borel,

Regulatory Planning and Development

Section, Air Planning Branch, Air,

Pesticides & Toxics Management

Division, Region 4 EPA, 61 Forsyth

Street, SW, Atlanta, Georgia 30303. The

telephone number is 404/562–9029.

Reference files TN178–02–9724 and TN

179–01–9723.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: July 16, 1997.

A. Stanley Meiburg,

Acting Regional Administrator.

[FR Doc. 97–21271 Filed 8–11–97; 8:45 am]

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