[Federal Register Volume 60, Number 174 (Friday, September 8, 1995)]
[Rules and Regulations]
[Pages 46768-46771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22134]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 52-1-7109, PA 53-1-7110, PA 55-1-7111, PA 61-1-7112, PA 66-1-7113; 
FRL-5272-6]


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

DATES: This final rule is effective November 7, 1995 unless notice is 
received on or before October 10, 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: Cynthia H. Stahl, (215) 597-9337, at 
the EPA Region III address above.

SUPPLEMENTARY INFORMATION: On January 6, 1995, April 24, 1995 and May 
31, 1995, the Commonwealth of Pennsylvania submitted formal revisions 
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: (1) PECO 
Energy--Eddystone, (2) Gilberton Power Company, (3) Bethlehem Steel 
Structural Products Corp., (4) Westwood Energy Properties, Inc., (5) 
PECO Energy Co.--Front Street, (6) Crawford Furniture Manufacturing 
Corp., (7) Schuylkill Energy Resources, (8) Panther Creek Partners, (9) 
Columbia Gas Transmission Co.--Milford, (10) Texas Eastern Transmission 
Corp.--Entriken, (11) Columbia Gas Transmission Corp.--Greencastle, 
(12) Lord Corporation. The other plan approvals and operating permits 
submitted together with these being 

[[Page 46769]]
approved today will be addressed in another rulemaking action.
    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, April 24, 
1995 and May 31, 1995 Pennsylvania submittals that are the subject of 
this document are meant to satisfy the RACT requirements for eleven 
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 document. Briefly, EPA is approving one plan approval and fourteen 
operating permits as RACT and one operating permit 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.

RACT

    EPA is approving the plan approval (PA 23-0017) and operating 
permit (OP 23-0017) for PECO Energy--Eddystone, located in Delaware 
County. PECO Energy--Eddystone is a utility and considered a major 
source of NOx emissions. EPA is approving the operating permit (OP 54-
0004) for Gilberton Power Company, located in Schuylkill County. 
Gilberton Power is a utility and considered a major source of NOx 
emissions. EPA is approving four operating permits (OP 48-0010, OP 48-
0013, OP 48-0014, and OP 48-0015) for Bethelehem Structural Products 
Corporation, located in Northampton County. Bethlehem Structural 
Products is a steel manufacturer and considered a major source of VOC 
and NOx emissions. EPA is approving the operating permit (OP 54-0006) 
for Westwood Energy Properties, Inc., located in Schuylkill County. 
Westwood Energy Properties, Inc. is a utility and is considered a major 
source of NOx emissions. EPA is approving the operating permit (OP 46-
0045) for PECO Energy Company--Front Street, located in Montgomery 
County. PECO Energy Company--Front Street is a utility with a natural 
gas combustion turbine and is considered a major source of NOx 
emissions. EPA is approving the operating permit (OP 16-021) for 
Crawford Furniture Manufacturing Corporation, located in Clarion 
County. Crawford Furniture Manufacturing Corp. is a wood furniture 
manufacturer and is considered a major source of VOC emissions. EPA is 
approving the operating permit (OP 54-0003) for Schuylkill Energy 
Resources, located in Schuylkill County. Schuylkill Energy Resources is 
a cogeneration plant and is considered a major source of NOx emissions. 
EPA is approving the operating permit (OP 13-0003) for Panther Creek 
Partners, located in Carbon County. Panther Creek Partners is a utility 
and is considered a major source of NOx emissions. EPA is approving the 
operating permit (OP 52-0001) for Columbia Gas Transmission Company--
Milford Compressor Station, located in Pike County. Columbia Gas 
Transmission Co.--Milford consists of twenty-seven (27) compressor 
stations and is considered a major source of NOx emissions. EPA is 
approving the operating permit (OP 31-2003) for Texas Eastern 
Transmission Corporation--Entriken Compressor Station, located in 
Huntingdon County. Texas Eastern Transmission Corp. is a natural gas 
pipeline compressor station and is considered a major source of NOx 
emissions. EPA is approving the operating permit (OP 28-2003) for 
Columbia Gas Transmission Corporation--Greencastle Compressor Station, 
located in Franklin County. Columbia Gas Transmission Corp.--
Greencastle is a compressor station and is considered a major source of 
NOx 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, April 24, 
1995 and May 31, 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 emission limitations that 
are being approved into the Pennsylvania SIP are those that were 
submitted on the above-mentioned dates and are the subject of this 
rule. These emission limitations will remain unless and until they are 
replaced pursuant to 40 CFR Part 51 and approved by the U.S. EPA.

Synthetic Minor Source Permit

    EPA is approving the operating permit (OP 25-095) for Lord 
Corporation, located in Erie County. Lord Corporation is an aerospace 
surface coater 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 Lord Corp. 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 elsewhere in this 
Federal Register, EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action will be effective 
November 7, 1995 unless, by October 10, 1995, adverse or critical 
comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document 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 November 7, 1995.

Final Action

    EPA is approving the one plan approval and fourteen operating 
permits 

[[Page 46770]]
as RACT and one operating permit to limit emissions at Lord Corporation 
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 Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action proposed/promulgated 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector. This Federal action 
approves pre-existing requirements under State or local law, and 
imposes no new Federal requirements. Accordingly, no additional costs 
to State, local, or tribal governments, or to the private sector, 
result from this action.
    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 VOC and NOx RACT 
approval of eleven sources and the synthetic minor permit conditions 
for Lord Corporation, must be filed in the United States Court of 
Appeals for the appropriate circuit by November 7, 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: July 18, 1995.
W. Michael McCabe,
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)(102) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (102) Revisions to the Pennsylvania Regulations Chapter 129.91 
submitted on January 6, 1995, April 24, 1995 and May 31, 1995 by the 
Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Four letters, two dated January 6, 1995, one dated April 24, 
1995, and one dated May 31, 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: (1) PECO Energy--Eddystone (Delaware 
Co.)--utility, (2) Gilberton Power Company (Schuylkill Co.)--utility, 
(3) Bethlehem Steel Structural Products Corp. (Northampton Co.)--steel 
manufacturer, (4) Westwood Energy Properties, Inc. (Schuylkill Co.)--
utility, (5) PECO Energy Co.--Front Street (Montgomery Co.)--utility, 
(6) Crawford Furniture Manufacturing Corp. (Clarion Co.)--furniture 
manufacturer, (7) Schuylkill Energy Resources (Schuylkill Co.)--
cogeneration plant, (8) Panther Creek Partners (Carbon Co.)--utility, 
(9) Columbia Gas Transmission Co.--Milford (Pike Co.), (10) Texas 
Eastern Transmission Corp.--Entriken (Huntingdon Co.)--Natural gas 
pipeline compressor station, (11) Columbia Gas Transmission Corp.--
Greencastle (Franklin Co.). In addition, the operating permit for Lord 
Corporation (Erie Co.), aerospace surface coating operation 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) PECO Energy--Eddystone--PA 23-0017, effective December 28, 
1994, except the expiration date of the plan approval, and OP 23-0017, 
effective December 28, 1994, except the expiration date of the 
operating permit and conditions 6.C.(1) through (7), 6.D.(1)(c), 
7.C.(1) through (5), 7.D.(1)(a) and 8.D.(1)(a) pertaining to SO2 
or PM10 requirements.
    (2) Gilberton Power Company--OP 54-0004, effective December 20, 
1994, except the expiration date of the operating permit and condition 
5 pertaining to SO2 and PM10 requirements.
    (3) Bethlehem Structural Products Corp.--OP 48-0010, effective 
December 20, 1994, except the expiration date of the operating permit, 
OP 48-0013, effective December 20, 1994, except the expiration date of 
the operating permit and condition (11)(d) through (f) pertaining to 
sulfur and metals, OP 48-0014, effective December 20, 1994, except the 
expiration date of the operating permit and conditions (8) and (9) 
pertaining to particulate matter, and OP 48-0015, effective December 
20, 1994, except the expiration date of the operating permit and 
conditions (9) and (10) pertaining to visible emissions and particulate 
matter.
    (4) Westwood Energy Properties, Inc.--OP 54-0006, effective 
December 27, 1994, except the expiration date of the operating permit 
and the particulate and SO2 emission limitations in condition (5).
    (5) PECO Energy Company--Front Street--OP 46-0045, effective March 
31, 

[[Page 46771]]
1995, except the expiration date of the operating permit.
    (6) Crawford Furniture Manufacturing Corp.--OP 16-021, effective 
March 27, 1995.
    (7) Schuylkill Energy Resources--OP 54-0003, effective May 19, 
1995, except the expiration date of the operating permit.
    (8) Panther Creek Partners--OP 13-0003, effective May 19, 1995, 
except the expiration date of the operating permit, the non-VOC 
emission requirements in condition (7), and conditions (8) and (9).
    (9) Columbia Gas Transmission Company--Milford--OP 52-0001, 
effective May 19, 1995, except the expiration date of the operating 
permit.
    (10) Texas Eastern Transmission Corp.--OP 31-2003, effective May 
16, 1995, except the expiration date of the operating permit.
    (11) Columbia Gas Transmission Corp.--Greencastle--OP 28-2003, 
effective April 21, 1995, except the expiration date of the operating 
permit.
    (12) Lord Corporation--OP 25-095, effective March 30, 1995.

[FR Doc. 95-22134 Filed 9-7-95; 8:45 am]
BILLING CODE 6560-50-P