Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4167

require transmission of information that

is being gathered by or is available from

any other agency or authority of the

United States.

Based on the response to the proposed

rules and on its own review, the

Department has determined that the

regulations in this document do not

require transmission of information that

is being gathered by or is available from

any other agency or authority of the

United States.

List of Subjects in 34 CFR Part 75

Education Department, Discretionary

grant programs—education,

Continuation funding, Grant

administration, Incorporation by

reference, Reporting and recordkeeping

requirements, Performance reports,

Unobligated funds.

Dated: January 23, 1997.

Richard W. Riley,

Secretary of Education.

(Catalog of Federal Domestic Assistance

Number does not apply)

The Secretary amends Part 75 of Title

34 of the Code of Federal Regulations as

follows:

PART 75—DIRECT GRANT

PROGRAMS

1. The authority citation for Part 75

continues to read as follows:

Authority: 20 U.S.C. 1221e–3 and 3474,

unless otherwise noted.

2. Section 75.217 is amended by

revising paragraph (d)(3) to read as

follows:

§ 75.217 How the Secretary selects

applications for new grants.

* * * * *

(d) * * *

(3) Any other information—

(i) Relevant to a criterion, priority, or

other requirement that applies to the

selection of applications for new grants;

(ii) Concerning the applicant’s

performance and use of funds under a

previous award under any Department

program; and

(iii) Concerning the applicant’s failure

under any Department program to

submit a performance report or its

submission of a performance report of

unacceptable quality.

* * * * *

[FR Doc. 97–2196 Filed 1–28–97; 8:45 am]

BILLING CODE 4000–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 055–4038; FRL–5653–7]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of a NOX

RACT Determination for International

Paper Company—Hammermill Papers

Division—Lockhaven

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Pennsylvania. This revision establishes

and requires reasonably available

control technology (RACT) on

International Paper Company—

Hammermill Papers Division, a major

source of nitrogen oxide (NOX)

emissions. Additionally, it limits the

volatile organic compound (VOC)

emissions at this facility to no more

than 50 tons per year; thereby making

this facility a synthetic minor VOC

source. The intended effect of this

action is to approve a source-specific

operating permit for the emission units

at International Paper—Hammermill

Division—Lockhaven, located in

Clinton County, Pennsylvania. This

action is being taken under section 110

of the Clean Air Act.

EFFECTIVE DATE: This final rule is

effective on February 28, 1997.

ADDRESSES: 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; 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:

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

EPA Region III office or via e-mail at

stahl.cynthia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: On April

9, 1996 (61 FR 15709), EPA published

a direct final rulemaking notice and the

accompanying notice of proposed

rulemaking (NPR) (61 FR 15744) for the

Commonwealth of Pennsylvania

pertaining to the VOC and NOX RACT

determinations for 21 sources. One of

these sources was International Paper

Company—Hammermill Papers

Division—Lockhaven (IP—Lockhaven),

located in Clinton County,

Pennsylvania. On June 28, 1996, adverse

comments were submitted to EPA by the

New York Department of Environmental

Conservation (NYDEC) pertaining to the

RACT determination for IP—Lockhaven.

The formal SIP revision for IP—

Lockhaven was submitted by

Pennsylvania on April 19, 1995.

Pennsylvania Department of

Environmental Protection (PADEP) also

submitted comments to EPA on the IP—

Lockhaven RACT determination.

NYDEC Comments

New York Department of

Environmental Conservation

commented that while they agreed with

EPA’s determination that RACT for the

two 350 mmBTU/hr coal-fired stoker

boilers was the operation and

maintenance of the boilers in

accordance with manufacturer’s

specifications and good air pollution

control practices, they disagreed with

the accompanying emission limit of 0.7

lbs NOX/mmBTU, averaged over a 30

day period, that was also determined to

be RACT for these boilers. NYDEC

stated that since the AP–42 emission

factor estimates NOX emissions for this

type of unit at 0.56 lbs/mmBTU, the

limit of 0.7 lbs/mmBTU was too high.

NYDEC concludes that in the absence of

supporting data, the AP–42 emission

rate should become the SIP emission

rate for these boilers.

Pennsylvania Comments

Pennsylvania Department of

Environmental Protection submitted

comments to EPA on July 16, 1996

stating that the proposed RACT

emission limits of 0.7 lbs NOX/mmBTU

for the two boilers at IP—Lockhaven

were established based on actual

emissions data. The 30 day average CEM

data recorded for boiler #1 was 0.61 lbs/

mmBTU with the range as 0.52 to 0.67

lbs/mmBTU. The 30 day average CEM

data recorded for boiler #2 was 0.58 lbs/

mmBTU with the range as 0.53 to 0.60

lbs/mmBTU. Since a year’s worth of

certified data was not available at the

time that DEP issued the permit to IP—

Lockhaven (December 1995, OP 18–

0005), DEP established the limit of 0.7

lbs/mmBTU to allow a buffer to account

for the limited emission data. DEP also

states that condition #6 of the IP permit

allows the Department to revise the NOX

emission limits based on future CEM

data. Furthermore, DEP states that since

the permit was issued, the IP boilers

have recorded exceedances and were
4168 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations

required to make adjustment to meet the

0.7 lbs/mmBTU permit limit; indicating

to DEP that the 0.7 lbs/mmBTU limit is

appropriate for these boilers.

EPA Response to Comments

The AP–42 emission factors are

generally used where there is no other

available data. These factors come from

the EPA document ‘‘Compilation of Air

Pollution Emission Factors’’ (AP–42)

now in its fifth edition (January 1995).

These emission factors represent an

estimate of expected emissions and are

compiled by EPA for a variety of

industrial sources and cover NOX as

well as other pollutants. The two boilers

whose RACT determinations are at issue

here are coal-fired stoker boilers and the

AP–42 emission factor is given as 13.7

lbs NOX/ton of coal burned. In order to

convert this emission factor to units

compatible with the proposed RACT

emission limits (lbs NOX/mmBTU), the

heating value of the coal used needs to

be known or estimated. Generally the

heating value of coal varies from 12,500

BTU to 13,500 BTU per ton of coal.

Using the lower end of this range is the

more environmentally conservative part

of this range, producing a slightly higher

estimate of emissions. The heating value

of 12,500 BTU/ton coal is also more

realistic for this part of the country.

Therefore, the conversion of the 13.7 lbs

NOX/ton coal emission factor is as

follows:

13.7 lbs NOX/ton coal × 1 ton coal/2000

lbs × lb coal/12,500 BTU × 106 =

0.55 lbs NOX/mmBTU

This is approximately the 0.56 lbs NOX/

mmBTU emission factor that NYDEC

cites as the AP–42 emission factor for

the boilers at IP—Lockhaven.

EPA believes that RACT for the two

350 mmBTU/hr stoker boilers at IP—

Lockhaven should not require the

installation of add-on emission controls.

NYDEC agrees with this assessment.

Consequently, the RACT emission limit

would reflect emissions achievable

without controls. International Paper—

Lockhaven has been required to operate

and maintain continuous emission

monitors (CEMs) to monitor NOX at

these two boilers since 1994. Using the

CEM data available for these boilers,

beginning with the first quarter in 1994

through the second quarter in 1996, the

NOX emissions from boiler #1, on a

quarterly average, were 0.74 lbs/

mmBTU, 0.66 lbs/mmBTU, 0.59 lbs/

mmBTU, 0.61 lbs/mmBTU, 0.63 lbs/

mmBTU, 0.64 lbs/mmBTU, 0.60 lbs/

mmBTU, 0.54 lbs/mmBTU, 0.54 lbs/

mmBTU, and 0.53 lbs/mmBTU. The

NOX CEM data for boiler #2, beginning

with the first quarter in 1994 through

the second quarter in 1996, were 0.57

lbs/mmBTU, 0.58 lbs/mmBTU, 0.63 lbs/

mmBTU, 0.66 lbs/mmBTU, 0.70 lbs/

mmBTU, 0.72 lbs/mmBTU, 0.67 lbs/

mmBTU, 0.60 lbs/mmBTU, 0.60 lbs/

mmBTU, and 0.641 lbs/mmBTU. These

data are quarterly averages. CEM data

for both running 30 day averages and

daily averages are available for each of

the two IP boilers. The running 30 day

averages in the period first quarter 1994

through the second quarter 1996 range

from a low of 0.515 lbs/mmBTU to a

high of 0.70 lbs/mmBTU for boiler #1

and from a low of 0.529 lbs/mmBTU to

a high of 0.779 lbs/mmBTU for boiler

#2. The daily averages in the same

period range from 0.32 lbs/mmBTU to

0.76 lbs/mmBTU for boiler #1 and from

0.47 lbs/mmBTU to 0.82 lbs/mmBTU for

boiler #2. The longer the averaging

period, the easier it is to comply with

the same numerical emission limit. For

example, a 0.7 lbs/mmBTU limit on a

quarterly average is a less stringent

emission limitation (easier for a source

to comply with) than a 0.7 lbs/mmBTU

limit on a 30 day rolling average, which

is less stringent than complying with a

0.7 lbs/mmBTU limit on a daily average.

The proposed RACT emission limit for

each of the two 350 mmBTU/hr boilers

at IP—Lockhaven is 0.7 lbs NOX/

mmBTU on a 30 day rolling average.

EPA’s concern with setting a RACT

emission limitation for International

Paper is that the limitation should be

stringent enough to require that IP

operate the boilers to minimize NOX

emissions. However, since RACT in this

case has been determined to be no addon emission controls, the RACT

emission limitation should not be so

stringent as to make it impossible for IP

to meet the limit with its current

operation, provided it is operated in

accordance with good air pollution

control practices. Therefore, after

considering all the submitted comments

and the CEM data for the two 350

mmBTU/hr stoker boilers, EPA believes

that the emission limitation of 0.7 lbs

NOX/mmBTU, together with the other

conditions in the IP—Lockhaven

operating permit (OP 18–0005),

constitute RACT for these emission

units.

The IP—Lockhaven operating permit

also contains a provision applicable to

the 165 mmBTU/hr boiler that requires

it to have ceased operations by May 31,

1995. EPA agrees that RACT for this

boiler is its shutdown by no later than

May 31, 1995. Furthermore, the IP—

Lockhaven operating permit contains a

provision that restricts its VOC

emissions to less than 50 tons per year

so as to avoid the major source VOC

RACT requirement. A source may agree

to federally enforceable requirements to

limit its potential emissions and become

a synthetic minor source for that

pollutant. Additional information about

the emission units and RACT

requirements at this facility is available

in the technical support document that

was made available with the April 9,

1996 Federal Register notice.

Final Action

EPA has considered the comments

submitted by NYDEC and PADEP and

other relevant information and has

decided to approve the operating

permit, OP 18–0005, for International

Paper Company—Hammermill

Division—Lockhaven as RACT and

incorporate it as a revision to the

Pennsylvania SIP. Pursuant to section

182(b)(2) and 182(f) of the Clean Air

Act, EPA is determining that the

requirements in OP 18–0005 constitute

RACT for the applicable emission units

at the IP—Lockhaven facility.

The Agency has reviewed this request

for revision of the Federally-approved

State implementation plan for

conformance with the provisions of the

1990 amendments enacted on November

15, 1990. The Agency has determined

that this action conforms with those

requirements irrespective of the fact that

the submittal preceded the date of

enactment.

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.

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. 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
Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4169

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

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, the

Administrator certifies 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 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 rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to 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/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 section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action pertaining to the NOX RACT

approval for International Paper

Company—Hammermill Division—

Lockhaven (Clinton County) must be

filed in the United States Court of

Appeals for the appropriate circuit by

March 31, 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: November 7, 1996.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

Chapter I, title 40, of the Code of

Federal Regulations 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)(115) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(115) Revisions to the Pennsylvania

Regulations, Chapter 129.91 pertaining

to VOC and NOX RACT, submitted on

January 6, 1995 by the Pennsylvania

Department of Environmental

Protection:

(i) Incorporation by reference.

(A) One letter dated January 6, 1995

from the Pennsylvania Department of

Environmental Protection transmitting

source specific VOC and/or NOX RACT

determinations in the form of plan

approvals or operating permits for

International Paper Company—

Hammermill Papers Division—

Lockhaven.

(B) Operating permit (OP):

(1) International Paper Company—

Hammermill Papers Division—

Lockhaven—OP 18–0005, effective

December 27, 1994, except the

expiration date of the operating permit.

[FR Doc. 97–2076 Filed 1–28–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0, 1, and 22

[DA 96–459]

Elimination of the Review Board

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In light of the many demands

currently imposed on the Commission

concerning nonhearing matters, the

Commission has concluded that the

proper dispatch of its business and the

public interest will be best served by

expanding the authority delegated to the

General Counsel regarding hearing

matters. These amendments change the

Commission’s Rules to reflect the

elimination of the Review Board. These

amendments also incorporate

nonsubstantive, editorial changes in the

Rules to reflect current circumstances.

EFFECTIVE DATE: January 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Office of Public Affairs, (202) 418–0500.

SUPPLEMENTARY INFORMATION:

[Adopted: April 29, 1996; Released: April 30,

1996]

1. By its Order, FCC 96–4, released

January 23, 1996, the Commission

eliminated the Review Board, effective

April 24, 1996, and delegated authority

to the Managing Director to make

conforming rule modifications. In

accordance with the Commission’s

action, this Order makes necessary

changes, together with other

nonsubstantive, editorial revisions, in

Parts 0, 1, 19 and 22 of the

Commission’s Rules.

2. Authority for the adoption of the

amendments adopted herein is

contained in Sections 4(i), 4(j), 5(b),

5(c), and 303(r) of the Communications

Act of 1934, as amended. 47 U.S.C.

§§ 154(i), 154(j), 155(b), 155(c) and

303(r). Because these amendments

pertain to agency organization, practice

and procedure, the notice and comment

and effective date provisions of the

Administrative Procedure Act, 5 U.S.C.

§§ 553(b)(A) and 553(d), are

inapplicable.

3. Accordingly, it is ordered, That,

pursuant to the authority delegated by

the Commission’s Order, FCC 96–4,

released January 23, 1996, and 47 CFR

§ 0.231(b), and effective upon

publication in the Federal Register,

Parts 0, 1, and 22 of the Rules and

Regulations ARE AMENDED as set forth

below.