[Federal Register: April 7, 2003 (Volume 68, Number 66)]
[Rules and Regulations]
[Page 16724-16726]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap03-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 201-4202a; FRL-7472-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; NOX RACT Determinations for General Electric
Transportation Systems
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Commonwealth of Pennsylvania's State Implementation Plan (SIP). The
revisions were submitted by the Pennsylvania Department of
Environmental Protection (PADEP) to establish and require reasonably
available control technology (RACT) for General Electric Transportation
Systems (GETS). GETS is a major source of nitrogen oxides
(NOX) located in Erie County, Pennsylvania. EPA is approving
these revisions to establish NOX RACT requirements in the
SIP in accordance with the Clean Air Act (CAA).
DATES: This rule is effective on June 6, 2003 without further notice,
unless EPA receives adverse written comment by May 7, 2003. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Written comments should be mailed to Makeba Morris, Acting
Branch Chief, Air Quality Planning and Information Services Branch,
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103. Copies of the documents
relevant to this action are available for public inspection during
normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; the Air and Radiation Docket and
Information Center, U.S. Environmental Protection Agency, 1301
Constitution Avenue, NW., Room B108, Washington, DC 20460; and
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality, PO Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to sections 182(b)(2) and 182(f) of the CAA, the
Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania) is
required to establish and implement RACT for all major volatile organic
compound (VOC) and NOX sources. 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). Under section 184 of
the CAA, RACT as specified in sections 182(b)(2) and 182(f) applies
throughout the OTR. The entire Commonwealth is located within the OTR.
Therefore, RACT is applicable statewide in Pennsylvania.
II. Summary of SIP Revision
On December 9, 2002, PADEP submitted a formal revision to its SIP
to establish and impose RACT for a major source of NOX. The
RACT determinations and requirements are included in the operating
permit issued by PADEP. GETS is a coal-fired power generating station
located in Erie County, Pennsylvania and is considered a major source
of NOX. In this instance, RACT has been established and
[[Page 16725]]
imposed by PADEP in an operating permit. On December 9, 2002, PADEP
submitted operating permit No. OP 25-025A to EPA as a SIP revision.
This operating permit includes three coal fired boilers: Boiler Nos. 1,
5 and 9. The facility shall perform annual tune-ups, and operate and
maintain the three boilers in accordance with the manufacturer's
recommendations. Based on a 30-day rolling average, this operating
permit contains NOX emission limit rates for each of the
three boilers of 0.59 lb/MMbtu. This operating permit also contains
NOX emission limits for the three boilers based on a 12-
month consecutive period. The permit specifies the following limits:
400 tons per year (tpy) for Boiler No. 1, 324 tpy for Boiler No. 5, and
520 tpy for Boiler No. 9. NOX emission reports for each
boiler shall be submitted to PADEP within 30 days of the end of each
calendar quarter. Coal consumption for each boiler shall be submitted
on a quarterly basis. The coal consumption report shall be submitted to
PADEP within 30 days of the end of each calendar quarter. A
NOX continuous emission monitoring system (CEMS) is required
for the combined stack from the three boilers which shall be operated
and maintained in accordance with 25 Pa. Code Chapter 139 and PADEP's
latest ``Continuous Source Monitoring Manual.'' The CEM system shall be
approved by PADEP. CEMS reports shall be submitted to PADEP within 30
days after each calendar quarter, but no later than the time frame
established in PADEP's latest ``Continuous Source Monitoring Manual.''
The operating permit requires GETS to maintain records as follows: (a)
the facility shall maintain records to demonstrate compliance with 25
Pa. Code Sections 129.91--129.94; (b) the records shall provide
sufficient data and calculations to clearly demonstrate that the
requirements of 25 Pa. Code Sections 129.91--129.94 are met; and (c)
records shall be retained for at least two years and shall be made
available to PADEP upon request.
III. EPA's Evaluation of the SIP Revisions
EPA is approving this SIP submittal because the Commonwealth
established and imposed requirements in accordance with the criteria
set forth in SIP-approved regulations for imposing RACT or for limiting
a source's potential to emit. The Commonwealth has also imposed
recordkeeping, monitoring, and testing requirements on these sources
sufficient to determine compliance with these requirements.
IV. Final Action
EPA is approving a revision to the Commonwealth of Pennsylvania's
SIP which establishes and requires RACT for GETS (OP 25-025A) located
in Erie County, Pennsylvania. EPA is publishing this rule without prior
proposal because the Agency views this as a noncontroversial amendment
and anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on June 6, 2003
without further notice unless EPA receives adverse comment by May 7,
2003. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
V. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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 (Pub. L. 104-4). This rule also does not
have tribal implications because it will 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).
This action also does not have Federalism implications because it does
not 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).
This action merely approves 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 rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (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. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report
[[Page 16726]]
regarding today's action under section 801 because this is a rule of
particular applicability establishing source-specific requirements for
General Electric Transportation Systems.
C. 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 June 6, 2003. 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 approving the Pennsylvania's source-specific RACT
requirements to control NOX emissions from General Electric
Transportation Systems in Erie County, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: March 19, 2003.
Thomas C. Voltaggio,
Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. Section 52.2020 is amended by adding paragraph (c)(198) to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(198) Revisions pertaining to NOX RACT determinations
for a major source submitted by the Pennsylvania Department of
Environmental Protection on December 9, 2002.
(i) Incorporation by reference.
(A) Letter of December 9, 2002 from the Pennsylvania Department of
Environmental Protection transmitting source-specific NOX
RACT determinations.
(B) Operating permit (OP) for General Electric Transportation
Systems, Erie County, OP 25-025A, effective August 26, 2002.
(ii) Additional Material--Other materials submitted by the
Commonwealth of Pennsylvania in support of and pertaining to the RACT
determinations for the source listed in paragraph (c)(198)(i)(B) of
this section.
[FR Doc. 03-8361 Filed 4-4-03; 8:45 am]
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