Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50871

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.

SIP approvals 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, 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 CAA

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).

C. Unfunded Mandates Act

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 included 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 costeffective 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 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 requirements. Accordingly, no

additional costs to state, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

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 the publication of the

rule of today’s Federal Register. This

rule is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by November 28, 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, on

the Pennsylvania General Conformity

Rule, 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.

Dated: September 16, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

40 CFR 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)(126) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(126) Revisions to the Pennsylvania

State Implementation Plan on June 12,

1997 by the Pennsylvania Department of

Environmental Protection.

(i) Incorporation by reference.

(A) A letter of June 12, 1997 from the

Pennsylvania Department of

Environmental Protection transmitting

the General Conformity Rule.

(B) 25 Pa. Code Chapter 127,

§§ 127.801 and 127.802—General

Conformity Rule, effective November 9,

1996.

(ii) Additional material from the

Pennsylvani’s June 12, 1997 submittal

pertaining to 25 Pa. Code Chapter 127.

* * * * *

[FR Doc. 97–25654 Filed 9–26–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA–103–21a; FRL–5898–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of a NOX

RACT Determination for Panther Creek

Energy Facility

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

and requires nitrogen oxides (NOX)

reasonably available control technology

(RACT) for Panther Creek Energy

Facility located in Carbon County,

Pennsylvania. The intended effect of

this action is to approve a sourcespecific operating permit that

establishes the above-mentioned RACT

requirements in accordance with the

Clean Air Act. This action is being taken

under section 110 of the Clean Air Act.

DATES: This action is effective

November 28, 1997 unless notice is

received on or before October 29, 1997

that adverse or critical comments will

be submitted. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments may be mailed to

David Campbell, Air, Radiation, and

Toxics Division, Mailcode 3AT22, 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; the Air and Radiation Docket

and Information Center, U.S.

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460;

Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality Control, P.O. Box 8468, 400

Market Street, Harrisburg, Pennsylvania

17105.
50872 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Kelly L. Bunker, (215) 566–2177, at the

EPA Region III office or via e-mail at

Bunker.Kelly@epamail.epa.gov. While

information may be requested via email, any comments must be submitted

in writing to the Region III address.

SUPPLEMENTARY INFORMATION: On

September 13, 1996 and January 21,

1997, the Commonwealth of

Pennsylvania submitted formal

revisions to its State Implementation

Plan (SIP). Each source subject to this

rulemaking will be identified and

discussed below. Any plan approvals

and operating permits submitted

coincidentally with those being

approved in this document, and not

identified below, will be addressed in a

separate rulemaking action.

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), which is

established by the CAA. The

Pennsylvania portion of the

Philadelphia ozone nonattainment area

consists of Bucks, Chester, Delaware,

Montgomery, and Philadelphia Counties

and 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 (including RACT as

specified in sections 182(b)(2) and

182(f)) apply throughout the OTR.

Therefore, RACT is applicable statewide

in Pennsylvania. The Pennsylvania

submittal that is the subject of this

document is meant to satisfy the RACT

requirements for one source in

Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements

for the source-specific operating permit

can be found in the docket and

accompanying technical support

document (TSD) and will not be

reiterated in this document. Briefly,

EPA is approving a revision to the

Pennsylvania SIP pertaining to the

determination of RACT for one major

source. The operating permit contains

conditions irrelevant to the

determination of NOX RACT.

Consequently, these provisions are not

being included in this approval for

source-specific NOX RACT.

RACT Determination

The Panther Creek Energy Facility is

a cogeneration utility located in Carbon

County. NOX RACT for the facility is

addressed in operating permit # 13–

0003. The majority of NOX emissions at

the facility are generated by two

circulating fluidized bed (CFB) boilers.

The facility is not a major VOC source.

NOX RACT for the two CFB boilers was

determined to be continuation of

current operating conditions which

includes the operation of selective noncatalytic reduction (SNCR) controls. The

RACT emission rate for each CFB boiler

is never to exceed 0.15 pounds of NOX/

MMBtu and 72.5 pounds/hour, based on

an one-hour average. Further

information on the RACT requirements

for this facility are summarized in the

accompanying technical support

document, which is available upon

further request, from the EPA Region III

office listed in the Addresses section of

this document.

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 is effective November 28, 1997

unless notice is received on or before

October 29, 1997 that adverse or critical

comments will be submitted.

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 November 28, 1997. If

adverse comments are received that do

not pertain to all documents subject to

this rulemaking action, those documents

not affected by the adverse comments

will be finalized in the manner

described here. Only those documents

that receive adverse comments will be

withdrawn in the manner described

here.

Final Action

EPA is approving one operating

permit as NOX RACT for Panther Creek

Energy Facility.

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.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

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.

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).

C. Unfunded Mandates Act

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
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50873

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 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.

D. Submission to Congress and the

General Accounting Office

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).

E. 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 November 28,

1997. Filing a petition for

reconsideration by the Regional

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 to

approve a NOX RACT determination for

a one individual source in Pennsylvania

as a revision to the Commonwealth—s

SIP 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: September 16, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

40 CFR 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) (128) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(128) Revisions to the Pennsylvania

Regulations, Chapter 129.91 pertaining

to NOX RACT, submitted on September

13, 1996 and January 21, 1997 by the

Pennsylvania Department of

Environmental Resources (now known

as the Pennsylvania Department of

Environmental Protection).

(i) Incorporation by reference.

(A) Two letters submitted by the

Pennsylvania Department of

Environmental Resources (now, the

Pennsylvania Department of

Environmental Protection) transmitting

source-specific NOX RACT

determinations in the form of an

operating permit on the following dates:

September 13, 1996 and January 21,

1997.

(B) Operating permit (OP). Panther

Creek Energy Facility, Carbon County,

OP # 13–0003, effective date of

December 2, 1996, except for condition

# 7 pertaining to particulate, PM–10,

SO2, CO and VOC emission limits,

condition # 10 pertaining to particulate

emissions, condition # 11 pertaining to

opacity, condition # 12 pertaining to the

Standards of Performance for New

Stationary Sources and the expiration

date.

(ii) Additional material.

(A) Remainder of the Commonwealth

of Pennsylvania’s September 13, 1996

and January 21, 1997 submittals.

[FR Doc. 97–25755 Filed 9–26–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5898–7]

National Oil and Hazardous Substance

Pollution Contingency Plan National

Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion, Bayou Sorrel

superfund site.

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Bayou Sorrel Superfund Site,

located in Bayou Sorrel, Iberville Parish,

Louisiana, from the National Priorities

List (NPL). The NPL, promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended,

constitutes Appendix B of 40 CFR part

300, which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP). This action is

being taken by EPA and the State of

Louisiana because it has been

determined that all appropriate

response actions have been

implemented and remedial actions

conducted at the site to date remain

protective of public health, welfare, and

the environment.

EFFECTIVE DATE: September 29, 1997.

ADDRESSES: Comprehensive information

on the Site is available through the

public docket which is available for

viewing at the Bayou Sorrel Superfund

Site information repositories at the

following locations: U.S. EPA Region 6

Library (12th Floor), 1445 Ross Avenue,

Dallas, Texas 75202–2733, (214) 665–

6424 / 665–6427; Louisiana Department

of Environmental Quality, 7290

Bluebonnet Road, Baton Rouge,

Louisiana 70809, (504) 765–0487; Police

Jury of Iberville Parish, 510 Meriam,

Plaquemine, LA 70765, (504) 687–5190;

Iberville Parish Library, 1501 J. Gerald

Berret Blvd., Plaquemine, LA 70765,

(504) 687–2520.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Tzhone, Remedial Project

Manager (6SF-LP), U.S. Environmental

Protection Agency, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

(214) 665–8409.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Bayou

Sorrel Superfund Site, Bayou Sorrel,

Iberville Parish, Louisiana. A Notice of

Intent to Delete for this site was

published on June 4, 1997 (62 FR

30554). The closing date for comments

on the Notice of Intent to Delete was

July 3, 1997. EPA received comments

during and after the public comment

period. All accepted comments,

including those received after the

comment period, and the responses by

EPA have been included in the

Responsiveness Summary (Appendix 1).

EPA identifies sites that appear to

present significant risk to public health,

welfare, or the environment and it

maintains the NPL as the list of those