[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