Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations 43103

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 NOX

RACT and New Source Review

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

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 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: 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 NOX

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 NOX burner

with separated overfire air, marginal

ozone nonattainment area, mobile

emission reduction credit (MERC),

major facility, major modification

(revised), moderate ozone

nonattainment area, major NOX emitting

facility, major VOC emitting facility,

National Ambient Air Quality Standard

(NAAQS), Northeast Ozone Transport

Region, Oxides of Nitrogen (NOX),

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 NOX 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 NOX 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 NOX burners and

separated overfire air on ≥ 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 NOX

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 NOX 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
43104 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations

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:

§ 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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–178–02–9724a; TN–179–01–9723a;

FRL–5871–9]

Approval and Promulgation of

Implementation Plans; Tennessee:

Approval of Revisions to the

Chattanooga/Hamilton County Portion

Regarding Prevention of Significant

Deterioration (PSD), Nitrogen Oxides,

Lead Emissions, Volatile Organic

Compounds (VOC), and PM10

Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Chattanooga/Hamilton County

(Chattanooga) portion of the Tennessee

State Implementation Plan (SIP) which

were submitted to EPA by Tennessee,

through the Tennessee Department of

Air Pollution Control (TDAPC), on

December 11, 1995, and June 26, 1996.

The EPA is approving these revisions to

the Chattanooga regulations regarding

nitrogen oxides, prevention of

significant deterioration (PSD), lead

sources, stack heights, infectious waste

incinerators, and volatile organic

compounds (VOC) reasonably available

control technology (RACT) for

miscellaneous metal parts coaters and

synthesized pharmaceutical products,

and PM10. At the time of the submittal,

Chattanooga/Hamilton County

submitted packages from the City of

Chattanooga, Hamilton County, and the

nine other municipalities in Hamilton

County. The State has certified to EPA

that the substantive codes of the County

and the nine municipalities are

essentially the same as the City of

Chattanooga’s. Therefore EPA’s review

has been limited to the City’s code.

DATES: This final rule is effective

October 14, 1997 unless adverse or

critical comments are received by

September 11, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Karen C.

Borel at the Environmental Protection

Agency, Region 4 Air Planning Branch,

61 Forsyth Street, SW, Atlanta, Georgia

30303. Copies of 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.