[Federal Register Volume 62, Number 155 (Tuesday, August 12, 1997)]
[Rules and Regulations]
[Pages 43103-43104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21255]



[[Page 43103]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 042-4067; FRL-5869-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Approval of Definitions for the Pennsylvania VOC and 
NO<INF>X</INF> RACT and New Source Review Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. This revision 
establishes definitions for twenty-seven terms used in the new source 
review and reasonably available control technology (RACT) regulations. 
The intended effect of this action is to approve the definitions in 
Pennsylvania regulation, Chapter 121.1. This action is being taken 
under section 110 of the Clean Air Act.

DATES: This final rule is effective October 14, 1997 unless within 
September 11, 1997, adverse or critical comments are received. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

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) 597-9337, at 
the EPA Region III address above, or via e-mail at 
<a href="/cdn-cgi/l/email-protection#740700151c185a170d1a001c1d153411041519151d185a1104155a131b02"><span class="__cf_email__" data-cfemail="f68582979e9ad8958f98829e9f97b69386979b979f9ad8938697d8919980">[email protected]</span></a>. While information may be requested via 
e-mail, any comments must be submitted in writing to the EPA Region III 
address above.

SUPPLEMENTARY INFORMATION: On February 4, 1994, the Pennsylvania 
Department of Environmental Protection (PA DEP) (formerly known as the 
Pennsylvania Department of Environmental Resources) submitted a 
revision to its State Implementation Plan (SIP) for twenty seven 
definitions pertaining the control of VOC and NO<INF>X</INF> emissions 
from major sources (Pennsylvania Chapters 129.91 through 129.95 and the 
new source review regulations (Chapter 127).

Summary of Regulations

    The Pennsylvania submittal includes the following new and revised 
definitions in Chapter 121.1: Applicability determination, Best 
Available Control Technology (BACT), creation, de minimis emission 
increase, emission reduction credit (ERC), economic incentive program, 
generation, Lowest Achievable Emission Rate (LAER)--revised, low 
NO<INF>X</INF> burner with separated overfire air, marginal ozone 
nonattainment area, mobile emission reduction credit (MERC), major 
facility, major modification (revised), moderate ozone nonattainment 
area, major NO<INF>X</INF> emitting facility, major VOC emitting 
facility, National Ambient Air Quality Standard (NAAQS), Northeast 
Ozone Transport Region, Oxides of Nitrogen (NO<INF>X</INF>), owner or 
operator, PM-10, PM-10 precursor, Reasonably Available Control 
Technology (RACT), secondary emissions (revised), serious ozone 
nonattainment area, severe ozone nonattainment area, and state 
implementation plan (SIP).

EPA Analysis

    The Chapter 121.1 definitions associated with the Pennsylvania VOC 
and NO<INF>X</INF> RACT regulation and the new source review 
regulations conform to the definitions in the Act and to EPA's existing 
requirements located in 40 CFR Part 52. Pennsylvania's proposed 
definition of low NO<INF>X</INF> burner with separated overfire air 
makes the applicability of this technology to the group of sources 
specified in the regulation as ``coal-fired combustion units'' unclear. 
However, although the sources covered by this requirement include 
stoker and cyclone combustion units that do not have ``burners'' as 
such, the Pennsylvania regulation requiring low NO<INF>X</INF> burners 
and separated overfire air on <gr-thn-eq> 100mmBTU/hr coal fired 
combustion units, can be practically and reasonably interpreted to 
apply to only those units with burners. Therefore, the definition of 
low NO<INF>X</INF> burners with separated overfire air is acceptable.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective October 14, 1997 unless, within 30 days of publication, 
adverse or critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
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. If no such comments are received, the public is 
advised that this action will be effective on October 14, 1997.

Final Action

    EPA is approving the definitions contained in Chapter 121.1, 
including the twenty seven definitions identified earlier in this 
rulemaking, that were submitted on February 4, 1994 pertaining to VOC 
and NO<INF>X</INF> RACT and new source review.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.
    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 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 CAA, preparation

[[Page 43104]]

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).
    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 costs to State, local, or tribal governments in the 
aggregate; or to the private sector, of $100 million or more. Under 
section 205 of the Unfunded Mandates Act, 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 promulgated 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 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.
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action pertaining to the definitions in 
Pennsylvania Chapter 121 must be filed in the United States Court of 
Appeals for the appropriate circuit by October 14, 1997. 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 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: July 24, 1997.
Thomas Voltaggio,
Acting Regional Administrator, Region III.

    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. 7401-7671q.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(127) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (127) Revisions to the Pennsylvania Regulations, Chapter 121.1--
Definitions, submitted on February 4, 1994 by the Pennsylvania 
Department of Environmental Protection (formerly Pennsylvania 
Department of Environmental Resources) and effective on January 15, 
1994.
    (i) Incorporation by reference.
    (A) Letter dated February 4, 1994 from the Pennsylvania Department 
of Environmental Protection transmitting the definitions in Chapter 121 
relating to the Pennsylvania VOC and NOx RACT regulation (Chapter 
129.91 through 129.95) and new source review regulation (Chapter 127).
    (B) Title 25 Pennsylvania Code, Chapter 121.1--definitions, 
effective January 15, 1994.

[FR Doc. 97-21255 Filed 8-11-97; 8:45 am]
BILLING CODE 6560-50-P


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