[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Rules and Regulations]
[Pages 40758-40760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19742]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA56-1-7086a; FRL-5252-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania: Reasonably Available Control Technology 
for Stroehmann Bakeries, Inc., Lycoming and Bradford Counties

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 the use of reasonably available control 
technology (RACT) to control volatile organic compound (VOC) emissions 
from two Stroehmann Bakeries, Inc. (Stroehmann) facilities located in 
Sayre Borough, Bradford County and Old Lycoming Township, Lycoming 
County. These facilities are located in areas designated ``not 
classified/attainment'' for ozone which are part of the ozone transport 
region (OTR). The SIP revision requires Stroehmann to install and 
operate catalytic oxidation units on the bakery ovens associated with 
the production of yeast-based products. The intended effect of this 
action is to approve the SIP revision as constituting RACT for the 
Stroehmann facilities located in Sayre Borough and Old Lycoming 
Township. This action is being taken under section 110 of the Clean Air 
Act.

DATES: This final rule is effective October 10, 1995 unless notice is 
received on or before September 11, 1995 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 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: Kathleen Henry, (215) 597-0545.

SUPPLEMENTARY INFORMATION: On February 24, 1995, the Commonwealth of 
Pennsylvania submitted a formal revision to its State Implementation 
Plan (SIP). The SIP revision consists of State Plan Approvals issued by 
the Pennsylvania Department of Environmental Resources (DER) on 
February 9, 1995, identified as PA-41-0001 and PA-08-0001 and State 
Operating Permits issued February 9, 1995, identified as OP-41-0001A 
and OP-08-0001A for the Stroehmann facilities located in Old Lycoming 
Township and Sayre Borough, respectively.

Background

    Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act 
(CAA), Pennsylvania is required to implement RACT in ozone 
nonattainment areas classified as moderate or above for all major VOC 
and NOX sources by no later than May 31, 1995. In addition, 
moderate ozone nonattainment area requirements, including RACT as 
specified in section 182(b)(2) and 182(f), apply throughout the ozone 
transport region (OTR) established by the CAA.
    On February 24, 1995, the Pennsylvania DER submitted Plan Approvals 
PA-41-0001 and PA-08-0001 and Operating Permits OP-41-0001A and OP-08-
0001A as revisions to its State Implementation Plan (SIP) for the 
control of VOC and NOX emissions from two Stroehmann Bakeries, 
Inc. facilities located in Lycoming and Bradford Counties, 
respectively. These counties are located in areas classified as ``not 
classified/attainment'' for ozone. However, these areas are also part 
of the OTR and, pursuant to section 184 of the CAA, must meet the 
requirements of a moderate ozone nonattainment area, including the 
requirement that major sources implement RACT. The definition of major 
source for an area classified as ``not classified/attainment'' in the 
OTR is any source having the potential to emit 50 tons per year of 
volatile organic compounds (VOCs) or 100 tons per year of oxides of 
nitrogen (NOX).
Summary of SIP Revision

    The Stroehmann facility located in Sayre Borough, Bradford County 
produces bread and donuts in three production lines and generates 
potential VOC emissions of 313 tons/year. The Stroehmann facility in 
Old Lycoming Township, Lycoming County produces buns and rolls in two 
baking lines and generates potential VOC emissions of 144.3 tons per 
year. Sources of VOC emissions are the same at both Stroehmann 
facilities and include the prebake areas, baking ovens, combustion 
sources, ink jet printers, parts cleaning/maintenance activities, and 
painting operations. Neither facility is a major source of NOX.
    The most significant source of VOCs are the baking ovens associated 
with production lines where yeast-based breads, rolls and buns are 
produced. Pennsylvania DER determined that RACT for the baking ovens 
involved in the production of yeast-based breads, rolls and buns at the 
Sayre Borough and Old Lycoming Township facilities is the installation 
and operation of catalytic oxidation units to achieve a minimum 95% VOC 
removal efficiency and operate at a minimum operating temperature of 
600 deg.F. 

[[Page 40759]]

    RACT for the prebake areas was determined to be no additional 
control due to the technical infeasibility of capturing emissions from 
these areas. The remaining VOC sources generate emissions at de minimis 
levels and are not subject to further control. For these sources, the 
operating permits impose limits on their potential to emit at the de 
minimis levels of 3 pounds per hour, 15 pounds per day and 2.7 tons per 
year.
    For more information on Pennsylvania's RACT determination and the 
specific provisions of the Plan Approvals and Operating Permits for 
these two facilities, please refer to the Technical Support Document 
(TSD) prepared for this notice. A copy of the TSD is available, upon 
request, from the EPA Regional Office listed in the Addresses section 
of this notice.
    EPA's review of this material indicates that Pennsylvania's Plan 
Approvals requiring the installation of catalytic oxidation units on 
the baking ovens associated with yeast-based production lines 
constitutes RACT for the Sayre Borough and Old Lycoming Township 
facilities. In addition, EPA agrees with Pennsylvania's conclusions 
regarding no further control as RACT for the prebake areas and the 
limits imposed by the operating permits limiting emissions from the 
combustion sources, ink jet printers, parts cleaning/maintenance 
activities, and painting operations at de minimis levels.
    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 Pennsylvania's SIP revision for the Stroehmann 
facilities located in Sayre Borough and Old Lycoming Township which was 
submitted on February 24, 1995.
    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.
    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).
    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 sections 110 and 182 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. To the extent that the rules approved 
by this action will impose no new requirements; such sources are 
already subject to these regulations under State law. 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 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 to 
approve the SIP revision for the Stroehmann facilities in Pennsylvania 
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

    Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.

    Dated: June 22, 1995.
James W. Newsom,
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 paragraphs (c)(101) to read 
as follows:

[[Page 40760]]



Sec. 52.2020   Identification of plan.

* * * * *
    (c) * * *
    (101) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources regarding RACT 
requirements for two Stroehmann Bakeries, Inc. facilities located in 
Lycoming and Bradford Counties, submitted on February 24, 1995.
    (i) Incorporation by reference.
    (A) Letter of February 24, 1995 from the Pennsylvania Department of 
Environmental Resources submitting a revision to the State 
Implementation Plan.
    (B) Plan Approval Nos. PA-41-0001 and PA-08-0001 and Operating 
Permit Nos. OP-41-0001A and OP-08-0001A, issued and effective February 
9, 1995.
    (ii) Additional material.
    (A) Remainder of the State Implementation Plan revision request 
submitted by the Pennsylvania Department of Environmental Resources on 
February 24, 1995, pertaining to the Plan Approvals and Operating 
Permits listed above.

[FR Doc. 95-19742 Filed 8-9-95; 8:45 am]
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