Federal Register: September 6, 2001 (Volume 66, Number 173)
DOCID: FR Doc 01-22362
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
PA ID: [PA041-4153; FRL-7049-7]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Requirements for Volatile Organic Compounds and Nitrogen Oxides in the Philadelphia- Wilmington-Trenton Area
DATES: Written comments must be received on or before October 9, 2001.
DOCUMENT SUMMARY:
EPA is proposing to remove the limited status of its approval
of the Commonwealth of Pennsylvania State Implementation Plan (SIP)
revision that requires all major sources of volatile organic compounds
(VOC) and nitrogen oxides (NO
area). EPA is proposing to convert its limited approval of
Pennsylvania's VOC and NO
SUMMARY:
Pennsylvania,
SUPPLEMENTAL INFORMATION
I. Background
Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act
(CAA), the Commonwealth of Pennsylvania (the Commonwealth or
Pennsylvania) is required to establish and implement RACT for all major
VOC and NO
The Pennsylvania SIP already includes approved RACT regulations for
sources and source categories of VOCs covered by the CTGs as required
by section 182(b)(2)(A) and (B). Regulations requiring RACT for all
major sources of VOC and NO
Under section 184 of the CAA, RACT as specified in sections
182(b)(2) and 182(f)) applies throughout the ozone transport region
(OTR). The entire Commonwealth is located within the OTR. Therefore,
RACT is applicable statewide in Pennsylvania. The major source size
generally is determined by the classification of the area in which the
source is located. However, for areas located in the OTR, the major
source size for stationary sources of VOC is 50 tons per year (tpy)
unless the area's classification prescribes a lower major source
threshold. In the Philadelphia area, which is classified as severe, a
major source of VOC is defined as one having the potential to emit 25
tpy or more, and a major source of NO
On March 23, 1998, EPA granted conditional limited approval to the
Commonwealth's generic VOC and NO
On April 22, 1999, PADEP made the required submittal to EPA,
certifying that it had met the terms and conditions imposed by EPA in
the conditional limited approval by submitting 485 casebycase VOC/
NO
It should be noted that the Commonwealth has adopted and is
implementing additional ``post RACT requirements'' to reduce seasonal
NO
[[Page 46573]]
the NO
As EPA stated in its May 3, 2001 final rule (66 FR 22123),
conversion from limited to full approval would occur when EPA has
approved the casebycase RACT determinations submitted by PADEP to
satisfy the condition imposed by EPA in its March 23, 1998 (63 FR
13789) final rule. EPA has approved or is currently conducting
rulemaking to approve all of the casebycase RACT determinations
submitted by PADEP to satisfy the condition imposed in EPA's March 23,
1998 (63 FR 13789) final rule for affected major sources of
NO
Proposed Action
EPA is proposing to convert its limited approval of Pennsylvania's
generic VOC and NO
III. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Public Law 1044). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant. In
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings' issued under the executive order.
This proposed rule regarding Pennsylvania's generic VOC and
NO
Environmental protection, Air pollution control, Hydrocarbons, Nitrogen dioxide, Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 29, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 0122362 Filed 9501; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Marcia L. Spink, (215) 814-2104, at the EPA Region III address above, or by email at spink.marcia@epa.gov. Please note that while questions may be posed via telephone and email, formal comments must be submitted, in writing, as indicated in the ADDRESSES section of this document.