[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Rules and Regulations]
[Pages 5303-5306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2967]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[PA 70-1-7207a; FRL-5338-8]


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 one major source and establishes permit conditions to limit eight 
source's emissions to below major source threshold 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 action is effective April 12, 1996 unless notice is 
received on or before March 13, 1996 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: Brian K. Rehn, (215) 597-4554, at the 
EPA Region III address above, or by E-mail at 
Rehn.B[email protected].

SUPPLEMENTARY INFORMATION: On August 1, 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) James River Corporation--Chambersburg, (2) 
Appleton Papers, Inc.--Cumberland County , (3) Air Products & 
Chemicals, Inc.--Trexlortown, (4) Elf Atochem North America, Inc., (5) 
York City Sewer Authority--Manchester Township, (6) Glasgow, Inc.--Ivy 
Rock Plants, (7) Glasgow, Inc.--Spring House Plants, (8) Glasgow, 
Inc.--Catanach Plant, (9) Glasgow, Inc.--Freeborn Asphalt Plant. The 
remaining plan approvals and operating permits submitted on August 1, 
1995 with those being approved today will be addressed in a later 
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. Major source size is 
determined by a source's location, the classification of the area where 
the source is located, and whether it is located in an ozone transport 
region (OTR)--as established by the CAA. The Pennsylvania portion of 
the Philadelphia ozone nonattainment area is classified as severe, and 
consists of Bucks, Chester, Delaware, Montgomery, and Philadelphia 
Counties. For severe ozone nonattainment areas, the Clean Air Act 
requires RACT for sources emitting 25 tons or more per year of VOCs, or 
for sources emitting at least 25 tons per year of NOX.
    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, moderate ozone 
nonattainment area requirements (including RACT as defined in section 
182(b)(2) and 182(f)) apply throughout the OTR. Therefore, RACT is 
applicable statewide in Pennsylvania. The Clean Air Act requires RACT 
for sources emitting 50 tons per year or more of VOCs, or 100 tons per 
year or more of NOX.
    The August 1, 1995 Pennsylvania submittals that are the subject of 
this notice, are meant to satisfy the RACT requirements for one source 
in Pennsylvania and to limit the potential VOC and/or NOX 
emissions at eight sources to below the major source size threshold in 
order to avoid RACT requirements.

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 

[[Page 5304]]
approving one operating permit as RACT and eight operating permits as a 
revision to the Pennsylvania SIP to limit those source's emissions to 
below the major source threshold. Several of the 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 Permit

    EPA is approving the operating permit (OP 28-2006) for the James 
River Corporation's facility, located in Chambersburg, Franklin County. 
James River Corporation operates a lithographic printing facility which 
is considered a major source of VOC emissions. The specific emission 
limitations and other RACT requirements for this source is summarized 
in the accompanying technical support document, which is available from 
EPA's Region III office. A source-specific RACT emission limitation 
that is approved into the Pennsylvania SIP is only the one which has 
been officially submitted for approval on August 1, 1995, and is the 
subject of a rulemaking notice. Emission limitations approved within 
this notice will remain unless and until they are replaced pursuant to 
40 CFR part 51 and approved by the U.S. EPA.

Synthetic Minor Source Permits (Sources Located in the OTR Portion of 
Pennsylvania, but Outside of Philadelphia)

    The three sources below are located outside of the Philadelphia 
ozone nonattainment area, but lie within the Northeast OTR established 
by the Clean Air Act. Each of these three sources would have the 
potential to emit at least 50 tons per year of VOCs and/or 100 tons per 
year of NOX, and without limiting permit conditions or controls, 
could be defined as a major source under the Clean Air Act. However, 
each of these sources has agreed to enforceable permit conditions which 
limit actual emissions to below major source thresholds.
    Therefore, EPA is approving the operating permit (OP 21-2004) for 
Appleton Papers, Inc., located in Lower Allen Township in Cumberland 
County. Appleton Papers is a surface coating installation, specializing 
in the production of carbonless reproduction paper and, without 
limiting permit conditions or controls, would be a major source of both 
NOX and VOCs. Appleton Papers has agreed to permit conditions 
limiting their NOX emissions to below the major source threshold. 
Additionally, Appleton Papers is subject to VOC RACT for surface 
coating operations under state regulation 25 PA Code, 129.52(b), and is 
therefore not required to submit a case-by-case RACT determination for 
its VOC emissions.
    Air Products, Inc.'s Trexlortown facility in Lehigh County operates 
numerous boilers, heaters, and support equipment, and without limiting 
permit conditions or controls, would be considered a major source of 
NOX. However, EPA is approving an operating permit (OP 39-0008) 
for Air Products and Chemicals Trexlortown facility which caps NOX 
emissions to below 100 tons per year, and qualifies the source as a 
synthetic minor.
    EPA is approving the operating permit (OP 67-2013) for the York 
City Sewer Authority's waste water treatment plant, located in 
Manchester Township in York County. Without permit limitations or 
controls, this facility would be considered a major source of NOX. 
However the City has agreed to permit limitations which qualify the 
plant as a synthetic minor source.
    The approval of the synthetic minor permit conditions for the 
sources above limit the emissions at each of these facilities to less 
than the major source thresholds, and allow the sources to avoid being 
subject to major source RACT requirements. For details of the permit 
emission limitations for each of the above sources, please refer to the 
technical support document contained in the docket for this action.

Synthetic Minor Permits (Sources Within the Philadelphia Nonattainment 
Area)

    The five sources below are located within the five-county 
Philadelphia ozone nonattainment area. Each of these sources has the 
potential to emit at least 25 tons per year of VOCs and/or 25 tons per 
year of NOX, and each would therefore be considered a major 
source. However, these sources have agreed to enforceable permit 
conditions which limit actual emissions to below major source 
thresholds, and they are qualified as synthetic minor sources.
    Elf Atochem is a chemical research and development facility located 
in Upper Merion Township in Montgomery County. Elf Atochem would be 
considered a major source of NOX (without limiting permit 
conditions or controls). However, since the company's operating permit 
(OP 46-0022) limits its NOX emissions to below the major source 
threshold, EPA is approving the permit as a synthetic minor.
    EPA is approving the operating permit (OP 46-0043) for Glasgow, 
Inc.'s two Ivy Rock plants, located in Plymouth Township in Montgomery 
County. Glasgow, Inc. operates asphalt batching facilities in Plymouth 
Township which, without permit limitations or controls, would be 
considered a major source of both VOC and NOX. Glasgow, Inc has 
capped their NOX and VOC emissions from its Ivy Rock facilities 
operating permit to below major source thresholds, and qualifies for 
consideration as a synthetic minor source.
    EPA is approving the operating permit (OP 46-0029) for Glasgow, 
Inc.'s two Spring House plants, located in Montgomery County. Glasgow 
operates asphalt batching plants in Montgomery Township, which would be 
defined as a major source of both VOC and NOX, without permit 
limitations or controls. Since the source has limited these emissions 
to below major source thresholds, EPA is approving the source's permit 
as a synthetic minor.
    EPA is approving the operating permit (OP 15-0021) for Glasgow, 
Inc.'s Catanach plant, located in East Whiteland Township in Chester 
County. Without permit limits or controls, Glasgow's Catanach plant 
would be considered a major source of both VOC and NOX. The source 
has limited its emissions to below major source thresholds, and 
qualifies as a synthetic minor.
    EPA is approving the operating permit (OP 23-0026) for Glasgow, 
Inc.'s Freeborn plant, located in Springfield Township in Delaware 
County. Glasgow's Freeborn plant would also be considered a major 
source of both VOC and NOX, without permit limitations or 
controls, but the source has agreed to limit its emissions as a 
synthetic minor.
    The approval of the synthetic minor permit conditions for these 
sources limit emissions at these facilities to less than major source 
thresholds, and allow the sources to avoid being subject to major 
source RACT requirements. For details of the emission limitations 
contained in the permits for each of the above sources, refer to the 
technical support document contained in the docket for this action.
    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 April 12, 1996 unless, by March 13, 1996, adverse or critical 
comments are received.
    If EPA receives such comments, this action will be amended before 
the 

[[Page 5305]]
effective date by publishing a subsequent document that will withdraw 
the final action for those permits that are the subject of adverse 
comments. All public comments received regarding those permits 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 April 12, 1996.

Final Action

    EPA is approving one operating permit as RACT and eight operating 
permits to limit emissions at those subject sources to below major 
source emission 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 one source and the synthetic minor permit conditions for 
eight additional sources, must be filed in the United States Court of 
Appeals for the appropriate circuit by April 12, 1996. 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: November 24, 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 paragraph (c)(104) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (104) Revisions to the Pennsylvania Regulations Chapter 129.91 
submitted on August 1, 1995 by the Pennsylvania Department of 
Environmental Protection:
    (i) Incorporation by reference.
    (A) Two letters, one dated August 1, 1995, from James Seif, 
Secretary of the Pennsylvania Department of Environmental Protection, 
transmitting source-specific VOC and/or NOX RACT determinations in 
the form of operating permits for the following sources: James River 
Corporation--Chambersburg (Franklin County)--printer. In addition, 
operating permits for the following sources containing provisions 
limiting these sources as ``synthetic minor'' sources (below RACT 
threshold level for VOC and/or NOX emissions) are being approved: 
Appleton Papers, Inc. (Cumberland County)--carbon paper producer; Air 
Products & Chemicals, Inc.--Trexlortown (Lehigh County)--gas 
production/storage facility; Elf Atochem North America, Inc. 
(Montgomery County)--chemical research & development firm; York City 
Sewer Authority--Manchester Township (York County)--waste water 
treatment facility; Glasgow, Inc.--Ivy Rock Plants 1 & 2 (Montgomery 
County)--asphalt production facility; Glasgow, Inc.--Catanach Plant 
(Chester County)--asphalt production facility; Glasgow, Inc.--Freeborn 
Asphalt Plant (Delaware County)--asphalt production facility.
    (B) One letter, dated November 15, 1995, from James Seif, Secretary 
of the Pennsylvania Department of Environmental Protection, 
transmitting source-specific VOC and/or NOX RACT determinations in 
the form of operating permits including the following source: Glasgow, 
Inc.--Spring House Plants 1 & 2 (Montgomery County)--asphalt production 
facility;
    (C) Operating permits (OP):
    (1) James River Corporation--OP 28-2006, effective June 14, 1995, 
except the expiration date of the operating permit.
    (2) Appleton Papers, Inc.--OP 21-2004, effective May 24, 1995, 
except the expiration date of the operating permit.
    (3) Air Products and Chemicals, Inc.--OP 39-0008, effective May 25, 
1995, except the expiration date of the operating permit.
    (4) Elf Atochem North America, Inc.--OP 46-0022, effective June 27, 
1995, except the expiration date of the operating permit.
    (5) York City Sewer Authority, Manchester Township--OP 67-2013, 
effective March 1, 1995, except the expiration date of the operating 
permit. 

[[Page 5306]]

    (6) Glasgow, Inc., Ivy Rock Asphalt Plants 1 & 2--OP 46-0043, 
effective June 7, 1995, except for the expiration date of the operating 
permit.
    (7) Glasgow, Inc., Spring House Asphalt Plants 1 & 2--OP 46-0029, 
effective June 7, 1995, except for the expiration date of the operating 
permit.
    (8) Glasgow, Inc., Catanach Asphalt Plant--OP 15-0021, effective 
June 7, 1995, except for the expiration date of the operating permit.
    (9) Glasgow, Inc., Freeborn Asphalt Plant--OP 23-0026, effective 
June 7, 1995, except for the expiration date of the operating permit.

[FR Doc. 96-2967 Filed 2-9-96; 8:45 am]
BILLING CODE 6560-50-P