[Federal Register Volume 60, Number 152 (Tuesday, August 8, 1995)]
[Rules and Regulations]
[Pages 40292-40295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19505]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[PA 54-1-6941a; FRL-5256-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Approval of Source-Specific VOC and NOX RACT and 
Synthetic Minor Permit Conditions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. This revision 
establishes and requires reasonably available control technology (RACT) 
on eight major sources and establishes permit conditions to limit one 
source's emissions to below major source levels. The intended effect of 
this action is to approve source-specific plan approvals and operating 
permits, which establish 

[[Page 40293]]
the above-mentioned requirements in accordance with the Clean Air Act. 
This action is being taken under section 110 of the Clean Air Act.

EFFECTIVE DATE: This action will become effective October 10, 1995 
unless adverse comments are received on or before September 7, 1995. If 
the effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate 
Director, Air Programs, Mailcode 3AT00, 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; and 
Pennsylvania Department of Environmental Resources Bureau of Air 
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl, EPA Region III, 
(215) 597-9337.

SUPPLEMENTARY INFORMATION: On January 6, 1995, the Commonwealth of 
Pennsylvania submitted a formal revision to its State Implementation 
Plan (SIP). The SIP revision consists of a group of plan approvals and 
operating permits for individual sources of volatile organic compounds 
and/or nitrogen oxides located in Pennsylvania. This rulemaking 
addresses those plan approvals and operating permits pertaining to the 
following sources: ESSROC Materials, Inc., Pennsylvania Power and 
Light--Brunner Island SES, PPG Industries, Inc., Stroehmann Bakeries, 
Inc., General Electric Transportation Systems--Erie, J.E. Baker/DBCA 
Refractory facility, Lafarge Corporation, West Penn Power Company--
Armstrong Power Station, and Plain n' Fancy Kitchens, Inc. The other 
plan approvals and operating permits submitted with this group will be 
addressed in another rulemaking notice.
    Pursuant to section 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 section 
182(b)(2) and 182(f)) apply throughout the OTR. Therefore, RACT is 
applicable statewide in Pennsylvania. The January 6, 1995 Pennsylvania 
submittal that is the subject of this notice, is meant to satisfy the 
RACT requirements for eight sources in Pennsylvania and to limit the 
potential VOC emissions at a source to below the major source size 
threshold in order to avoid RACT.

Summary of SIP Revision

    The details of the RACT requirements for the source-specific plan 
approvals and operating permits can be found in the docket and 
accompanying technical support document and will not be reiterated in 
this notice. Briefly, EPA is approving seven plan approvals and four 
operating permits as RACT and one plan approval as a revision to the 
Pennsylvania SIP to limit a source's emissions to below the major 
source threshold. Several of the plan approvals and operating permits 
contain conditions irrelevant to the determination of VOC or NOX 
RACT. Consequently, these provisions are not being included in this 
approval for VOC or NOX RACT. In addition, several of the plan 
approvals and operating permits contain a provision that would allow 
compliance date extensions at the request of the source and approval by 
Pennsylvania without EPA approval. While EPA does not automatically 
rule out the possibility of compliance date extensions, EPA cannot pre-
approve compliance date extensions through a general provision such as 
that which occurs in those plan approvals and operating permits.
RACT

    EPA is approving the plan approval (PA 48-0004A) for ESSROC 
Materials, Inc., located in Northampton County. ESSROC Materials, Inc. 
is a portland cement manufacturing facility and is considered a major 
source of NOX emissions. EPA is approving the plan approval (PA 
67-2005) for Pennsylvania Power and Light--Brunner Island Steam 
Electric Station, located in York County. PP&L--Brunner Island is a 
steam electric station and is considered a major source of VOC and 
NOX emissions. EPA is approving the operating permit (OP 21-2002) 
for PPG Industries, Inc., located in Cumberland County. PPG Industries, 
Inc. is a flat glass manufacturing facility and is considered a major 
source of NOX emissions. EPA is approving the plan approval (PA 
22-2003) for Stroehmann Bakeries, Inc., located in Dauphin County. 
Stroehmann Bakeries, Inc. is a bread and roll bakery with some small 
miscellaneous printing operations and is considered a major source of 
VOC emissions. EPA is approving the operating permit (OP 25-025) for 
General Electric Transportation Systems, located in Erie County. GE 
Transportation Systems is a coal-fired power generating station and is 
considered a major source of VOC and NOX emissions. EPA is 
approving the operating permit (OP 67-2001) for J.E. Baker/DBCA 
Refractory Facility located in York County. J.E. Baker/DBCA Refractory 
Facility is a dolomitic refractory facility, producing specialty 
refractory products, agricultural limestone, mineral fillers, etc. and 
is considered a major source of NOX emissions. EPA is approving 
the plan approval (PA 39-0011A) and the operating permit (OP 39-0011) 
for Lafarge Corporation, located in Lehigh County. Lafarge Corporation 
is a cement manufacturing facility and is considered a major source of 
NOX emissions. EPA is approving three plan approvals (PA 03-000-
023, PA 03-306-004, PA 03-306-006) for West Penn Power Company--
Armstrong Power Station, located in Armstrong County. West Penn Power 
Company is an electric generating station with two coal-fired boilers 
and is considered a major source of NOX emissions and a minor 
source of VOC emissions. The specific emission limitations and other 
RACT requirements for these sources are summarized in the accompanying 
technical support document, which is available from the EPA Region III 
office. Several of the plan approvals/operating permits contain a 
provision that allows for future changes to the emission limitations 
based on CEM or other monitoring data. Since EPA cannot approve 
emission limitations that are not currently before it, any changes to 
the emission limitations as submitted on January 6, 1995 to EPA must be 
resubmitted to and approved by EPA in order for these changes to be 
incorporated into the Pennsylvania SIP. Consequently, the source-
specific RACT 

[[Page 40294]]
emission limitations that are being approved into the Pennsylvania SIP 
are those that were submitted on January 6, 1995. These emission 
limitations will remain unless and until they are replaced pursuant to 
40 C.F.R. part 51 and approved by the U.S. EPA.

Synthetic Minor Source Permit

    EPA is approving the plan approval (PA 38-318-019C) for Plain n' 
Fancy Kitchens, Inc., located in Lebanon County. Plain n' Fancy 
Kitchens, Inc. is a kitchen cabinet surface coating facility and had 
potential VOC emissions greater than 50 TPY. The approval of these 
conditions will limit the emissions at this facility to less than 50 
TPY and would allow Plain n' Fancy Kitchens, Inc. to avoid being 
considered a major VOC source, subject to the major source RACT 
requirements of the Clean Air Act and the Pennsylvania regulation.
    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 10, 1995 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 notice 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 10, 1995.

Final Action

    EPA is approving the seven plan approvals and four operating 
permits as RACT and one plan approval to limit emissions at Plain n' 
Fancy Kitchens to below major source levels.
    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.
    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.
    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Section (insert) of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain actions and also require the private sector to 
perform certain duties. The sources affected by the rules being 
approved by this action are already subject to these regulations under 
State law; therefore, this rulemaking action does not impose any new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action. 
EPA has also determined that this final action does not include a 
mandate that may result in estimated costs of $100 million or more to 
State, local, or tribal governments in the aggregate or to the private 
sector.
    This action has been classified as a Table 3 action for signature 
by the 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. The OMB has exempted this 
regulatory action from E.O. 12866 review.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action, pertaining to the RACT approval of 
eight sources and the synthetic minor permit conditions for Plain n' 
Fancy Kitchens, Inc., must be filed in the United States Court of 
Appeals for the appropriate circuit by October 10, 1995. 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: June 23, 1995.
W. T. Wisniewski,
Acting Regional Administrator, Region III.

    40 CFR part 52, subpart NN of chapter I, title 40 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)(98) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (98) Revisions to the Pennsylvania Regulations Chapter 129.91 
submitted on January 6, 1995 by the Pennsylvania Department of 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Two letters both dated January 6, 1995 from the Pennsylvania 
Department of Environmental Resources transmitting source-specific VOC 
and/or NOx RACT determinations in the form of plan approvals and/or 
operating permits for the following sources: ESSROC Materials, Inc. 
(Northampton Co.)--cement manufacturer; Pennsylvania Power & Light--
Brunner Island SES (York Co.)--utility, PPG Industries, Inc. 
(Cumberland Co.)--glass manufacturer; Stroehmann Bakeries, Inc. 
(Dauphin Co.)--bakery; GE Transportation Systems (Erie Co.)--utility; 
J.E. Baker/DBCA Refractory Facility (York Co.)--dolomitic refractory 
facility; Lafarge Corp. (Lehigh Co.)--cement manufacturer; West Penn 
Power Company--Armstrong Power Station (Armstrong Co.), utility. In 
addition, the plan approval for Plain n' Fancy 

[[Page 40295]]
Kitchens, Inc. (Lebanon Co., kitchen cabinet surface coating) 
containing provisions limiting this source as a synthetic minor source 
(below RACT threshold level of 50 TPY potential VOC emissions) is being 
approved.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) ESSROC Materials, Inc.--PA 48-0004A, effective December 20, 
1994, except conditions (7)(a), (7)(b), (7)(d), (8)(a), (8)(b), (8)(d), 
(10), (16) through (19) pertaining to particulate matter or SO2 
requirements and condition (25)(d) and (e) pertaining to compliance 
date extensions, and the expiration date of the plan approval.
    (2) Pennsylvania Power & Light--Brunner Island SES--PA 67-2005, 
effective December 22, 1994, except condition 2.d. and e. pertaining to 
compliance date extensions, and the expiration date of the plan 
approval.
    (3) PPG Industries, Inc.--OP 21-2002, effective December 22, 1994, 
except the expiration date of the operating permit.
    (4) Stroehmann Bakeries, Inc.--PA 22-2003, effective December 22, 
1994, except condition 9.d. and e. pertaining to compliance date 
extensions and the expiration date of the plan approval.
    (5) GE Transportation Systems--Erie--OP 25-025, effective December 
21, 1994, except for condition 9 pertaining to pollutants other than 
VOC and NOX.
    (6) J.E. Baker/DBCA Refractory Facility--OP 67-2001, effective 
December 22, 1994, except the expiration date of the operating permit.
    (7) Lafarge Corp.--PA 39-0011A, effective December 23, 1994, except 
for condition (4)(d) and (e) pertaining to compliance date extensions, 
condition (8) pertaining to sulfur in fuel requirements, those in 
condition (9) not pertaining to VOC or NOX, and the expiration 
date of the plan approval, and OP 39-0011, effective December 23, 1994, 
except conditions (8), (9), and (13) through (15), pertaining to sulfur 
in fuel requirements, and the expiration date of the operating permit.
    (8) West Penn Power Company--Armstrong Power Station--PA 03-000-
023, effective December 29, 1994, except for the expiration date of the 
plan approval and condition 5. pertaining to VOC and condition 9. 
pertaining to a facility-wide NOX cap, PA 03-306-004 (for unit 2), 
effective March 28, 1994, except for condition 12. (d) and (e), 
pertaining to compliance date extensions, and the expiration date of 
the plan approval, and PA 03-306-006 (for unit 1), effective November 
22, 1994, except for condition 13. (d) and (e), pertaining to 
compliance date extensions, and the expiration date of the plan 
approval.
    (9) Plain n' Fancy Kitchens, Inc.--PA 38-318-019C, effective 
December 23, 1994, except for condition 2.d. and e., pertaining to 
compliance date extensions, and the expiration date of the plan 
approval.

[FR Doc. 95-19505 Filed 8-7-95; 8:45 am]
BILLING CODE 6560-50-P