[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2911]
[[Page Unknown]]
[Federal Register: February 10, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA-15-6025; FRL-4828-2]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; RACT for VOC's From Synthetic Organic
Chemical Manufacturing Industries (SOCMI) in Allegheny County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking a limited approval/limited disapproval on a
State Implementation Plan (SIP) revision submitted by the Pennsylvania
Department of Environmental Resources (PADER). This revision
establishes and requires reasonably available control technology (RACT)
to control fugitive volatile organic compounds (VOC) emissions from
Synthetic Organic Chemical and Polymer Manufacturing-Fugitive Sources
(SOCMI) and the associated test method required to determine
compliance. This revision has been submitted by the PADER at the
request of the Allegheny County Bureau of Air Pollution Control (BAPC)
to fulfill its 1982 ozone SIP commitment to adopt all applicable
control technique guidelines (CTG's) published by EPA. The intended
effect of this document is to take limited approval action on the
revision because the regulation strengthens the SIP. At the same time,
EPA is taking limited disapproval action on this revision because it
does not fully meet the Federal SIP requirements. Furthermore, the
limited disapproval action initiates the 18-month sanction clock and
the 24-month Federal implementation plan (FIP) period. These actions
are being taken under the Clean Air Act (CAA).
EFFECTIVE DATE: This rule will become effective on March 14, 1994.
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; Jerry Kurtzweg ANR-443, U.S. Environmental Protection Agency,
401 M Street, SW., Washington, DC 20460; Commonwealth of Pennsylvania,
Department of Environmental Resources Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105; and
Allegheny County Health Department, Bureau of Air Pollution Control,
301 39th Street, Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Kelly A. Sheckler, (215) 597-6863.
SUPPLEMENTARY INFORMATION: On December 15, 1992 (57 FR 59327), EPA
published a notice of proposed rulemaking (NPR) for the Commonwealth of
Pennsylvania. The NPR proposed limited approval and limited disapproval
of the addition of section 534, Synthetic Organic Chemical and Polymer
Manufacturing-Fugitive Sources and section 605 I, the associated test
method required to determine compliance with section 534, which revised
Article XX of the Allegheny County Health Department Rules and
Regulations, as a revision to the Allegheny County portion of the
Pennsylvania SIP. The formal SIP revision was submitted by the
Commonwealth of Pennsylvania on July 13, 1987.
As discussed in the NPR (57 FR 59327), the proposed revision serves
to strengthen the SIP because the regulations constitute RACT for the
synthetic organic chemical and polymer manufacturing fugitive sources,
except as discussed below. By taking limited approval action, the
regulations will be made federally enforceable. Therefore, EPA is
taking limited approval action. At the same time, the revision is not
approvable pursuant to section 182(a)(2)(A) of the CAA because its
Director discretion provisions are not consistent with the
interpretation of section 172 of the pre-amendment guidance.
Specifically, section 534 at paragraph D of the Allegheny County's
regulation, which provides the Director of the Allegheny County BAPC
the discretion to approve alternatives, must be amended to require that
the use of any alternative VOC emission reduction system and/or
alternative monitoring procedures also be approved by the United States
Environmental Protection Agency. Therefore, EPA is also taking limited
disapproval action.
Under section 179(a)(2), if the Administrator disapproves a
submittal under section 110(k) for an area designated nonattainment
based on the submittal's failure to meet one or more of the elements
required by the Act, the Administrator must apply sanctions set forth
in section 179(b) unless the deficiency has been corrected within 18
months of such disapproval. Section 179(b) provides two sanctions
available to the Administrator: Highway funding and emission offsets.
The disapproval action in this final rulemaking initiates the 18-month
sanctions period for Allegheny County. Moreover, final disapproval
triggers the 24-month period by which EPA must promulgate a Federal
implementation plan (FIP) under section 110(c) until such time as the
Commonwealth of Pennsylvania corrects the language of Article XX,
section 534 at paragraph D as described above.
The rationale for EPA's action are explained in the NPR and will
not be restated here. No public comments were received on the NPR.
Final Action
EPA is taking limited approval/limited disapproval action on the
addition of section 534, Synthetic Organic Chemical and Polymer
Manufacturing-Fugitive Sources and section 605 I, the associated test
method required to determine compliance with section 534, which revised
Article XX, as a revision to the Allegheny County portion of the
Pennsylvania SIP.
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 does not conform with the statute as
amended and must be disapproved. The Administrator has examined the
issue of whether this action should be reviewed only under the
provisions of the law as it existed on the date of submittal to the
Agency (i.e., prior to November 15, 1990) as has determined that the
Agency must apply the new law to this revision.
The limited disapproval action taken in this rulemaking notice
initiates, the 18-month sanction clock for Allegheny County and the 24-
month FIP clock for EPA, upon the effective date of this document.
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 pertaining to the limited approval/limited disapproval
of Allegheny County's RACT for VOC's from SOCMI, has been classified as
a Table 3 action for signature by the Acting Regional Administrator
under the procedures published in the Federal Register on January 19,
1989 (54 FR 2214-2225), as revised by an October 4, 1993 memorandum
from Michael H. Shapiro, Acting Assistant Administrator for Air and
Radiation. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions from the requirements of
section 3 of Executive Order 12291 for a period of two years. The EPA
has submitted a request for a permanent waiver for Table 2 and 3 SIP
revisions. The OMB has agreed to continue the waiver until such time as
it rules on EPA's request. This request is still applicable under
Executive Order 12866, which superseded Executive Order 12291 on
September 30, 1993.
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 April 11, 1994. 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, Ozone,
Reporting and recordkeeping requirements, Volatile Organic Compounds.
Dated: January 6, 1994.
Stanley L. Laskowski,
Acting 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)(86) to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(86) Revisions to the Pennsylvania Regulations for reasonably
available control technology (RACT) to control fugitive organic
chemical manufacturing industries, Article XX of the Rules and
Regulations of the Allegheny County Health Department, section 534 and
605 I submitted on July 13, 1987 by the Pennsylvania Department of
Environmental Resources (DER).
(i) Incorporation by reference.
(A) Letter of July 13, 1987 from the Pennsylvania Department of
Environmental Resources transmitting regulations for the control of
``Synthetic Organic Chemical and Polymer Manufacturing-Fugitive
Sources'' and the associated test method, EPA method 21.
(B) Article XX, of the Rules and Regulations of the Allegheny
County Health Department, section 534 and 605 I, effective June 10,
1987.
3. Section 52.2023 is amended by adding paragraph (h) to read as
follows:
Sec. 52.2023 Approval status.
* * * * *
(h) The Allegheny County Bureau of Air Pollution Control (BAPC)
Article XX, section 534 at paragraph D, does not fulfill its 1982 ozone
SIP commitment to adopt all applicable control technique guidelines
published by EPA. These regulations establish and require reasonable
available control technology to control fugitive volatile organic
compounds emissions (VOC) from synthetic organic chemical and polymer
manufacturing-fugitive sources and associated test method required to
determine compliance, but provide the Director of the Bureau authority
to approve an alternative VOC emission reduction system and/or
alternative monitoring procedure. The approval of any such alternatives
by the Director of the BAPC cannot and would not amend the SIP. Only
the Administrator of the United States Environmental Protection Agency
(EPA) has the authority to approve an alternative VOC emission
reduction system and/or the use of an alternative monitoring procedure
as a revision to the SIP. Air Pollution Article XX, section 534 at
paragraph D of the SIP will remain inadequate until this language
providing for Director discretion is corrected to require that any such
alternatives approved by the Director of BAPC must also be approved by
EPA. The amended version of Article XX, section 534, paragraph D must
be adopted by the Commonwealth, submitted to EPA and approved as a SIP
revision to correct this deficiency in the Pennsylvania SIP.
[FR Doc. 94-2911 Filed 2-9-94; 8:45 am]
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