[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Rules and Regulations]
[Pages 24706-24709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12355]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 078-4019a; FRL-5467-6]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of Source-Specific VOC and NOX RACT and
Synthetic Minor Permit Conditions, and 1990 Baseyear Emissions for one
Source
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, establishes permit conditions to limit three
sources' emissions to below major source levels, and establishes 1990
baseyear VOC and NOX emissions for one source. This action affects
a total of 14 sources. The intended effect of this action is to approve
source-specific plan approvals, operating permits, and compliance
permit and emission inventory figures for emission units at one source,
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 July 1, 1996, unless notice is received
on or before June 17, 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;
Pennsylvania Department of Environmental Protection, 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 office or via e-mail at
[email protected]. While information may be requested via
e-mail, comments must be submitted in writing to the above Region III
address.
SUPPLEMENTARY INFORMATION: On January 6, 1995, July 5, 1995 (as amended
on November 22, 1995), August 1, 1995, and September 20, 1995, the
Commonwealth of Pennsylvania submitted formal revisions to its State
Implementation Plan (SIP). The SIP revisions that are the subject of
this rulemaking consist of plan approvals, operating permits and a
compliance permit for ten individual sources of volatile organic
compounds (VOCs) and/or nitrogen oxides (NOX) located in
Pennsylvania. This rulemaking addresses the compliance permit and those
plan approvals and operating permits pertaining to the following
sources: (1) U.G.I. Utilities, Inc. (Luzerne Co.)--utility, (2) Solar
Turbines (York Co.)--cogeneration facility, (3) Columbia Gas
Transmission--Renovo Compressor Station (Clinton Co.)--natural gas
compressor station, (4) National Fuel Gas Supply Corporation--East Fork
Compressor Station (Potter Co.)--natural gas compressor station, (5)
York Resource Energy Systems, Inc. (York Co.)--municipal waste
combustion facility, (6) W.R. Grace & Co.--Formpac Division (Berks
Co.)--expandable polystyrene blowing facility, (7) CNG Transmission--
Cherry Tree Station (Indiana Co.)--natural gas transmission station,
(8) EPC Power Corporation of Bethlehem--Crozer Chester Cogeneration
plant (Delaware Co.)--cogeneration plant, (9) C-P Converters, Inc.
(York Co.)--flexographic printing operation, (10) Fisher Scientific Co.
International--Instrument Manufacturing Division (Indiana Co.). In
addition, the permits containing provisions limiting source emissions
to synthetic minor source levels (below RACT threshold level of 100
tons per year of potential NOX emissions) are being approved for
five sources: a) Adelphi Kitchens, Inc.--Robesonia factory (Berks
Co.)--wood furniture coating operation, b) Birchcraft Kitchens, Inc.
(Berks Co.)--wood furniture coating operation, and c) Glasgow, Inc.--
Bridgeport asphalt plant (Montgomery Co.)--asphalt plant. In addition,
on July 5, 1995 (as amended on November 22, 1995) and March 18, 1996,
Pennsylvania submitted a RACT determination and 1990 baseyear emission
inventory figures for General Glass--Jeannette Plant (Westmoreland Co.)
for EPA approval into the Pennsylvania SIP. Therefore, this rulemaking
will also address the approval of the RACT determination for the
emission units at General Glass--Jeannette plant and the establishment
of 1990 baseyear emissions for these emission units. The other plan
approvals and operating permits submitted together with these being
approved today will be addressed in another rulemaking notice.
Pursuant to sections 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
sections 182(b)(2) and 182(f)) apply throughout the OTR.
[[Page 24707]]
Therefore, RACT is applicable statewide in Pennsylvania.
The January 6, 1995, July 5, 1995 (as amended on November 22,
1995), August 1, 1995, and September 20, 1995 Pennsylvania submittals
that are the subject of this notice, are meant to satisfy the RACT
requirements for 11 sources in Pennsylvania and to limit the potential
VOC emissions at three sources to below the major source size threshold
in order to avoid the RACT requirement.
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 eight plan approvals, six
operating permits and one compliance permit as RACT and three operating
permits as revisions to the Pennsylvania SIP to limit three sources'
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, a correction to the Pittsburgh area 1990 baseyear emissions
inventory for one source is being made through this rulemaking
document.
RACT
EPA is approving the plan approval (PA 40-0005A) and operating
permit (OP 40-0005) for U.G.I. Utilities, Inc., located in Luzerne
County. U.G.I. Utilities, Inc. is a utility and is considered a major
source of NOX emissions. EPA is approving the plan approval (PA
67-2009) and compliance permit (CP 67-2009) for Solar Turbines. Inc.,
located in York County. Solar Turbines, Inc. is a cogeneration plant
and is considered a major source of NOX emissions. Included in
Solar Turbines RACT determination is a compliance date extension until
December 31, 1997 for the installation of dual fuel dry low NOX
combustors on six natural gas turbines. EPA is approving the plan
approval (PA 18-0001) and operating permit (OP 18-0001) for Columbia
Gas Transmission Corporation--Renovo Compressor Station, located in
Clinton County. Columbia Gas Transmission Corporation--Renovo
Compressor Station is a natural gas compressor station and is
considered a major source of NOX emissions. EPA is approving the
plan approval (PA 53-0007A) and operating permit (OP 53-0007) for
National Fuel Gas Supply Corporation--East Fork Compressor Station,
located in Potter County. National Fuel Gas Supply Corporation--East
Fork Compressor Station is a natural gas compressor station and is
considered a major source of NOX emissions. EPA is approving the
plan approval (PA 67-2006) for York Resource Enery Systems, Inc.,
located in York County. York Resource Enery Systems, Inc. is a
municipal waste combustion facility and is considered a major source of
NOX emissions. EPA is approving the plan approvals (PA 06-1036 and
PA 06-315-001) for W.R. Grace & Co.--Formpac Division, located in Berks
County. W.R. Grace & Co.--Formpac Division is an expandable polystyrene
foam product manufacturer and is considered a major source of VOC
emissions. EPA is approving the plan approval (PA 32-000-303) for CNG
Transmission Corporation--Cherry Tree Station, located in Indiana
County. CNG Transmission Corporation--Cherry Tree Station is a natural
gas compressor station and is considered a major source of NOX
emissions. EPA is approving the operating permit (OP 23-0007) for EPC
Power Corporation of Bethlehem--Crozer-Chester Cogeneration plant,
located in Delaware County. EPC Power Corporation of Bethlehem--Crozer-
Chester Cogeneration plant is a cogeneration plant and is considered a
major source of NOX emissions. EPA is approving the operating
permit (OP 67-2030) for C-P Converters, Inc., located in York County.
C-P Converters, Inc. is a flexographic printing operation and is
considered a major source of VOC emissions. EPA is approving the
operating permit (OP 32-000-100) for Fisher Scientific Co.
International--Instrument Manufacturing Division, located in Indiana
County. Fisher Scientific Co. International--Instrument Manufacturing
Division is a coater of laboratory instruments and is considered a
major 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, July 5, 1995, August 1,
1995, and September 20, 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 rulemaking document. These emission limitations will remain part
of the SIP unless and until a revised limitation is approved by EPA
pursuant to 40 CFR part 51 and approved by the U.S. EPA. In addition,
several of the plan approvals and operating permits contain a general
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 that have
not been submitted to it for review through such general provision.
In addition, EPA is establishing RACT for the glass furnace (No. 2)
and kilns (#1 through 4) at the now shutdown General Glass--Jeannette
plant. These sources represent the only NOX emitting sources at
the plant at the time of its shutdown on July 8, 1993. All of these
sources ceased operation and had their permits revoked on July 8, 1993.
RACT for these sources is determined to be no additional controls. The
total post-RACT NOX emissions (based on a three year average of
operating conditions) for these sources is 518 tons per year. The 1990
baseyear VOC and NOX emissions for the above-named sources are
also being approved. The NOX 1990 emissions from the glass melting
furnace are 508.2 TPY. The NOX 1990 emissions from the four kilns
are 11.8 TPY. EPA is also using this document to recognize the 518 tons
of NOX per year emission reduction credits created by the shutdown
of this plant.
Synthetic Minor Permits
EPA is approving the operating permit (OP 06-1001) for Adelphi
Kitchens, Inc.--Robesonia factory, located in Berks County. Adelphi
Kitchens, Inc.--Robesonia factory is a wood furniture manufacturing
facility and had potential VOC emissions greater than 50 TPY. EPA is
approving the operating permit (OP 06-1005) for Birchcraft Kitchens,
Inc.--Reading factory, located in Berks County. Birchcraft Kitchens,
Inc.--Reading factory is a wood furniture manufacturing facility and
had potential VOC emissions greater than 50 TPY. The approval of the
conditions in each of these facilities' respective permits will limit
the emissions at those facilities to less than 50 TPY and would
[[Page 24708]]
allow them to avoid being considered major VOC sources, subject to the
major source RACT requirements of the Clean Air Act and the
Pennsylvania regulation. EPA is also approving the operating permit (OP
46-0044) for Glasgow, Inc.--Bridgeport Asphalt Plant, located in
Montgomery County. Glasgow, Inc.--Bridgeport Asphalt Plant is an
asphalt plant and had potential VOC and NOX emissions greater than
25 TPY. Montgomery County is part of the Philadelphia severe ozone
nonattainment area, to which the more stringent 25 TPY major source
threshold applies.
The technical support document contains the details of each of the
RACT determinations, synthetic minor permit conditions, and 1990
baseyear emissions calculations. It is available at the EPA Region III
office listed in the Addresses section of this document.
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 July 1, 1996, unless, by June 17, 1996, 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 July 1, 1996. If adverse
comments are received that do not pertain to all documents subject to
this rulemaking action, those documents not affected by the adverse
comments will be finalized in the manner described here. Only those
documents that receive adverse comments will be withdrawn in the manner
described here.
Final Action
EPA is approving eight plan approvals, six operating permits, and
one compliance permit as RACT for ten individual sources, three
operating permits to limit emissions at three facilities to below major
source levels, and the RACT determination and the 1990 baseyear
emissions for the glass melting furnace and four kilns at General
Glass--Jeannette plant.
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 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 rule 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.
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.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action, pertaining to the approval of eleven
source-specific VOC and NOX RACT determinations, three synthetic
minor permits, and correction to the 1990 baseyear emissions inventory
in Pennsylvania, must be filed in the United States Court of Appeals
for the appropriate circuit by July 15, 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: April 19, 1996.
W.T. Wisniewski,
Acing 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)(108) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(108) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NOX RACT, submitted on January 6, 1995, July
5, 1995, July 31, 1995, August 1, 1995, September 20, 1995, November
22, 1995, and March 18, 1996 by the Pennsylvania Department of
Environmental Resources (now known as the Pennsylvania Department of
Environmental Protection):
(i) Incorporation by reference.
(A) Seven letters, dated January 6, 1995, July 5, 1995, July 31,
1995, August 1, 1995, September 20, 1995, November 22, 1995, and March
18, 1996 from the
[[Page 24709]]
Pennsylvania Department of Environmental Resources (now known as the
Pennsylvania Department of Environmental Protection) transmitting
source specific VOC and/or NOX RACT determinations in the form of
plan approvals or operating permits for the following sources: U.G.I.
Utilities, Inc. (Luzerne Co.)--utility, Solar Turbines (York Co.)--
cogeneration facility, Columbia Gas Transmission--Renovo Compressor
Station (Clinton Co.)--natural gas compressor station, National Fuel
Gas Supply Corporation--East Fork Compressor Station (Potter Co.)--
natural gas compressor station, York Resource Energy Systems, Inc.
(York Co.)--municipal waste combustion facility, W.R. Grace & Co.--
Formpac Division (Berks Co.)--expandable polystyrene blowing facility,
CNG Transmission--Cherry Tree Station (Indiana Co.)--natural gas
transmission station, EPC Power Corporation of Bethlehem (Delaware
Co.)--Crozer Chester Cogeneration Plant, C-P Converters, Inc. (York
Co.)--flexographic printing operation, Fisher Scientific Co.
International--Instrument Manufacturing Division (Indiana Co.). In
addition, the permits containing provisions limiting source emissions
to synthetic minor sources levels (below RACT threshold level of 100
tons per year or 25 TPY of potential NOX emissions and 50 TPY or
25 TPY for potential VOC emissions) are being approved for three
sources: Adelphi Kitchens, Inc.--Robesonia factory (Berks Co.)--wood
furniture coating operation, Birchcraft Kitchens, Inc.--Reading factory
(Berks Co.)--wood furniture coating operation, and Glasgow, Inc.--
Bridgeport Asphalt Plant (Montgomery Co.)--asphalt plant.
(B) Plan approvals (PA), Operating permits (OP), Compliance permit
(CP):
(1) U.G.I. Utilities, Inc.--OP 40-0005, effective December 20, 1994
and PA 40-0005A, effective December 20, 1994, except the expiration
date of the plan approval and conditions # 18, 19, and 20 pertaining to
non-VOC or NOX emissions and ash and waste oil requirements.
(2) Solar Turbines--PA 67-2009, effective August 17, 1995, except
the expiration date of the plan approval and CP 67-2009, effective
August 17, 1995, except the expiration date of the compliance permit.
(3) Columbia Gas Transmission--Renovo Compressor Station--OP 18-
0001, effective July 18, 1995, except the expiration date of the
operating permit and condition #8, pertaining to compliance date
extensions and PA 18-0001, effective July 18, 1995, except the
expiration date of the plan approval and condition #14, pertaining to
compliance date extensions.
(4) National Fuel Gas Supply Corporation--East Fork Compressor
Station--OP 53-0007, effective July 17, 1995, except the expiration
date of the operating permit, including the corrections to condition #6
and 13 (from a letter dated July 31, 1995) and PA 53-0007A, effective
July 17, 1995, except the expiration date of the plan approval.
(5) York Resource Energy Systems, Inc.--PA 67-2006, effective
August 25, 1995, except the expiration date of the plan approval and
the non-VOC or non-NOX elements in conditions #4, 8, 9, 10 12, 18,
and 19.
(6) W.R. Grace & Co.--Formpac Division--PA 06-1036, effective May
12, 1995, except the expiration date of the plan approval and condition
#10 (d) and (e) pertaining to compliance date extensions and PA 06-315-
001, effective June 4, 1992, except the expiration date of the plan
approval.
(7) CNG Transmission Corporation--Cherry Tree Station--PA 32-000-
303, effective July 5, 1995, except the expiration date of the plan
approval, the elements in condition #6 pertaining to carbon monoxide,
and condition #16 D. and E. pertaining to compliance date extensions.
(8) EPC Power Corporation of Bethlehem--Crozer Chester Cogeneration
plant--OP 23-0007, effective June 8, 1995, except the expiration date
of the operating permit.
(9) C-P Converters, Inc.--OP 67-2030, effective August 30, 1995,
except the expiration date of the operating permit.
(10) Fisher Scientific--Instrument Manufacturing Division--OP 32-
000-100, effective July 18, 1995, except the expiration date of the
operating permit.
(11) Adelphi Kitchens, Inc.--Robesonia factory--OP 06-1001,
effective April 4, 1995, except the expiration date of the operating
permit.
(12) Birchcraft Kitchens, Inc.--Reading factory--OP 06-1005,
effective April 4, 1995, except the expiration date of the operating
permit.
(13) Glasgow, Inc.--Bridgeport Asphalt Plant--OP 46-0044, effective
June 7, 1995, except the expiration date of the operating permit.
(ii) Additional material.
(A) Remainder of January 6, 1995, July 5, 1995, August 1, 1995,
September 20, 1995, State submittals.
(B) Revision to the Pennsylvania SIP dated March 18, 1996,
submitted by the Pennsylvania Department of Environmental Protection,
pertaining to the 1990 emission inventory for General Glass--Jeannette,
Westmoreland County.
3. Section 52.2037 is amended by adding paragraph (d) to read as
follows:
Sec. 52.2037 Control Strategy: Carbon monoxide and ozone
(hydrocarbons).
* * * * *
(d) NOX RACT determination for the no. 2 glass melting furnace
and the four kilns at the General Glass--Jeannette plant, which
manufactured flat glass, is the current operation, consisting of no
additional controls.
4. Section 52.2036 is amended by adding paragraph (c) to read as
follows:
Sec. 52.2036 1990 Baseyear Emission Inventory.
* * * * *
(c) The 1990 NOX emissions for the no. 2 glass melting furnace
at the General Glass--Jeannette plant, located in Westmoreland County,
Pennsylvania is 508.2 tons per year. Westmoreland County is part of the
Pittsburgh moderate ozone nonattainment area. The 1990 NOX
emissions for the four kilns (no. 1 through 4) is 11.8 tons per year.
This facility does not contain any other NOX emitting units.
[FR Doc. 96-12355 Filed 5-15-96; 8:45 am]
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