[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Rules and Regulations]
[Pages 67229-67232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32369]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 083-4036a, PA 083-4037a, PA 069-4035a; FRL-5659-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Approval of Source-Specific VOC and NOX RACT 
Determinations, and 1990 Baseyear Emissions for One Source

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the Commonwealth of Pennsylvania. These revisions 
establish and require reasonably available control technology (RACT) 
for three facilities, and make corrections to the 1990 baseyear 
volatile organic compounds (VOC) and nitrogen oxides (NOX) 
emissions for one of the facilities. This action affects a total of 
three companies. The intended effect of this action is to approve three 
source-specific RACT determinations, and the 1990 emissions inventory 
figures for three emissions units at one facility. This action is being 
taken under section 110 of the Clean Air Act.

DATES: This final rule is effective February 21, 1997 unless within 
January 21, 1997, adverse or critical comments are received. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone and 
Mobile Sources Section, Mailcode 3AT21, 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, D.C. 20460; and 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Janice Bolden, (215) 566-2185, or 
Carolyn Donahue, (215) 566-2095, at the EPA Region III office, or via 
E-mail at [email protected] or donahue-
[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 August 1, 1995, December 8, 1995, June 
10, 1996, and September 13, 1996, the Commonwealth of Pennsylvania 
submitted formal revisions to its State Implementation Plan (SIP), 
consisting of plan approvals and operating permits for many facilities. 
The SIP revisions that are the subject of this rulemaking consist of 
RACT determinations for only three of those facilities and includes one 
operating permit and one plan approval. These three individual 
facilities emit volatile organic compounds (VOCs) and/or nitrogen 
oxides (NOX) and are located in Mercer and Blair Counties in 
Pennsylvania. These three facilities are (1) Caparo Steel Company 
(Mercer Co.)--steel mill, (2) Sharon Steel Company (Mercer Co.)--steel 
mill, and (3) Pennsylvania Electric Company (Penelec)--Williamsburg 
Station (Blair Co.)--utility. The remaining plan approvals and 
operating permits in the August 1, 1995, December 8, 1995, June 10, 
1996, and September 13, 1996, submittals will be the subject of a 
separate rulemaking notice.

Background

    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 ozone nonattainment 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. Therefore, 
RACT is applicable statewide in Pennsylvania. The August 1, 1995, 
December 8, 1995, June 10, 1996, and September 13, 1996, Pennsylvania 
submittals that are the subject of this notice are meant to satisfy the 
RACT requirements for three facilities in Pennsylvania.

Summary of SIP Revisions

    This rulemaking approves the operating permit issued to Caparo 
Steel Company by the Pennsylvania Department of Environmental 
Protection (PADEP) on November 3, 1995, the plan approval issued to 
Sharon Steel Company by PADEP on November 3, 1995, and the RACT 
determination for Pennsylvania Electric Company (Penelec)--Williamsburg 
Station. In addition, on June 10, 1996, Pennsylvania submitted 1990 
baseyear emission inventory figures for Sharon Steel Company for EPA 
approval into the Pennsylvania SIP. Therefore, this rulemaking also 
establishes the 1990 baseyear emissions for emissions units at Sharon 
Steel. The details of the RACT requirements for the source-specific 
operating permit for Caparo Steel and the plan approval for Sharon 
Steel can be found in the docket and accompanying Technical Support 
Document and will not be reiterated in this document.

Caparo Steel RACT

    EPA is approving the operating permit (OP 43-285) for Caparo Steel 
Company, located in Mercer County, which is part of the Youngstown-
Warren-Sharon Ohio/Pennsylvania ozone marginal nonattainment area. This 
operating permit imposes RACT on Caparo Steel and requires compliance 
by May 31, 1995. Caparo Steel Company is a steel mill and is a major 
source of NOX and VOC emissions. In general, the RACT requirements 
in the permit include operation and maintenance in accordance with 
manufacturer specifications and good air pollution control practices to 
minimize NOX and

[[Page 67230]]

VOC emissions in addition to VOC and NOX emission rate limitations 
and VOC and NOX annual emission caps.
    In addition to imposing RACT on the currently operating units at 
Caparo Steel, this revision also establishes RACT for four, now 
shutdown, emission units at Caparo Steel Company. These four units, 
which are not addressed in operating permit OP 43-285, are the package 
boilers, and BW boilers 1 to 3. All of these units ceased operation and 
were retired on November 30, 1992. EPA is also using this document to 
recognize the 868.6 tons of NOx per year and 1.8 tons of VOC per 
year emission reduction credits created by the shutdown of these four 
emissions units at Caparo Steel.

Sharon Steel RACT/Baseyear Inventory

    EPA is approving the plan approval (PA 43-017) for Sharon Steel 
Company, which is adjacent to the Caparo Steel facility and is located 
in Mercer County. This plan approval imposes RACT on Sharon Steel and 
requires compliance by May 31, 1995. Sharon Steel Company is a steel 
mill and is a major source of NOX and VOC emissions. In general, 
the RACT requirements in the plan approval include operation and 
maintenance in accordance with manufacturer specifications and good air 
pollution control practices to minimize NOX and VOC emissions in 
addition to VOC and NOX emission rate limitations and VOC and 
NOX annual emission caps.
    This revision also establishes RACT for three, now shutdown, 
emission units at Sharon Steel Company. These three units, not 
addressed in plan approval PA 43-017, are the Blast Furnace Operations 
(flame suppression, heaters and torpedo cars, flare stack, tuyeres), 
Basic Oxygen Furnace Shop (scrap preheating, ladle preheating and 
heaters), and Blast Furnace Casthouse. All of these emission units 
ceased operation and were retired on November 30, 1992. Chemical usage 
units, once maintained by Sharon Steel Company, remain in use and are 
now operated by Caparo Steel Company. These chemical usage units are 
included in operating permit OP 43-285.
    As previously stated, RACT for the Blast Furnace Operations, Basic 
Oxygen Furnace Shop, and Blast Furnace Casthouse is determined to be 
good air pollution control practices. The 1990 baseyear VOC and 
NOX emissions for these three emission units are also being 
approved. The 1990 VOC and NOX emissions from the Blast Furnace 
Operations (flame suppression, heaters and torpedo cars, flare stack, 
tuyeres) are 0.4 tons per year (TPY) and 49.3 TPY, respectively. The 
1990 VOC and NOX emissions from the Basic Oxygen Furnace Shop 
(scrap preheating, ladle preheating and heaters) are 1.4 TPY and 39.6 
TPY, respectively. The 1990 VOC and NOX emissions from the Blast 
Furnace Casthouse are 205.4 TPY and 11.0 TPY, respectively. EPA is also 
using this document to recognize the 469.6 tons of NOX per year 
and 215.7 tons of VOC per year emission reduction credits created by 
the shutdown of the Sharon Steel facility.

Pennsylvania Electric Company (Penelec)--Williamsburg RACT

    This revision establishes RACT for three, now shutdown, emission 
units at Pennsylvania Electric Company (Penelec)--Williamsburg Station, 
located in Blair County. These units are the unit #11 boiler, auxiliary 
boiler, and all fugitive VOC sources. All of these emission units 
ceased operation and were retired on January 18, 1991. In general, the 
RACT requirements include operation and maintenance in accordance with 
manufacturer specifications and good air pollution control practices to 
minimize NOx and VOC emissions in addition to VOC and NOX 
emission rate limitations and VOC and NOX annual emission caps. 
EPA is also using this document to recognize the 869 tons of NOX 
per year and 3.37 tons of VOC per year emission reduction credits 
created by the shutdown of the Penelec--Williamsburg facility.
    The specific emission limitations and other RACT requirements for 
these facilities are summarized in the accompanying Technical Support 
Document, which is available from the EPA Region III office, listed in 
the ADDRESSES section of this notice. The source-specific RACT 
determinations that are being approved into the Pennsylvania SIP are 
those that were submitted by PADEP for Caparo Steel, Sharon Steel, and 
Penelec--Williamsburg on August 1, 1995, December 8, 1995, June 10, 
1996, and September 13, 1996.
    EPA is approving these SIP revisions without prior proposal because 
the Agency views these as noncontroversial amendments and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revisions 
should adverse or critical comments be filed. This action will be 
effective February 21, 1997 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 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 February 21, 1997.

Final Action

    EPA is approving the RACT determinations for Caparo Steel Company, 
Sharon Steel Company, and Pennsylvania Electric Company (Penelec)--
Williamsburg Station. EPA is approving an operating permit for Caparo 
Steel and a plan approval for Sharon Steel, and incorporating them by 
reference in the Pennsylvania SIP. At 40 CFR 52.2037, EPA is also 
approving and codifying the RACT determination for Penelec--
Williamsburg, and those RACT requirements for Caparo Steel and Sharon 
Steel not covered by the operating permit and plan approval being 
approved and incorporated by reference into the Pennsylvania SIP at 40 
CFR 52.2020. At 40 CFR 52.2036, EPA is approving 1990 baseyear 
emissions for three emission units at Sharon Steel.
    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.
    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 a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    The EPA's actions under section 502 of the Act do not create any 
new requirements, but simply address operating permits programs 
submitted to satisfy the requirements of 40 CFR Part 70. Because this 
action does not impose any new requirements, it does not have a 
significant impact on a substantial number of small entities.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare

[[Page 67231]]

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 
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.
    Under section 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action, pertaining to the VOC and NOX RACT 
determination for Caparo Steel Company, Sharon Steel Company, and 
Pennsylvania Electric Company (Penelec)--Williamsburg Station, must be 
filed in the United States Court of Appeals for the appropriate circuit 
by February 21, 1997. 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, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements.

    Dated: November 22, 1996.
Stanley L. Laskowski, 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 paragraph (c)(113) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (113) Revisions to the Pennsylvania Regulations, Chapter 129.93 
pertaining to VOC and NOX RACT, submitted on August 1, 1995, 
December 8, 1995, June 10, 1996, and September 13, 1996, by the 
Pennsylvania Department of Environmental Resources (now known as the 
Pennsylvania Department of Environmental Protection):
    (i) Incorporation by reference.
    (A) Four letters, dated August 1, 1995, December 8, 1995, June 10, 
1996, and September 13, 1996, from the Pennsylvania Department of 
Environmental Resources (now known as the Pennsylvania Department of 
Environmental Protection) transmitting source-specific VOC and/or 
NOX RACT determinations for Caparo Steel Company (Mercer Co.)--
steel mill, Sharon Steel Company (Mercer Co.)--steel mill, and 
Pennsylvania Electric Company (Penelec)--Williamsburg Station (Blair 
Co.)--utility.
    (B) Plan approval (PA) and Operating permit (OP):
    (1) Caparo Steel Company--OP 43-285, effective November 3, 1995, 
except condition #9 pertaining to non-NOX and non-VOC pollutants.
    (2) Sharon Steel Company--PA 43-017, effective November 3, 1995, 
except condition #9 pertaining to non-NOX and non-VOC pollutants.
    (ii) Additional material.
    (A) Remainder of August 1, 1995, December 8, 1995, June 10, 1996, 
and September 13, 1996, State submittals pertaining to Caparo Steel 
Company, Sharon Steel Company, and Pennsylvania Electric Company 
(Penelec)--Williamsburg Station.
    3. Section 52.2037 is amended by adding paragraphs (e), (f), and 
(g) to read as follows:


Sec. 52.2037  Control Strategy: Carbon monoxide and ozone 
(hydrocarbons).

* * * * *
    (e) Sharon Steel Company--VOC and NOX RACT determination for 
three emission units at Sharon Steel Company, not covered by plan 
approval PA 43-017: Blast Furnace Operations (flame suppression, 
heaters and torpedo cars, tuyeres), Basic Oxygen Furnace Shop (scrap 
preheating, ladle preheating and heaters), Blast Furnace Casthouse. 
NOX RACT for the Blast Furnace Operations is determined to be good 
air pollution control practices such that NOX emissions do not 
exceed: 100 pounds of NOX per million cubic feet (lb NOX/
MMft3) of natural gas and 10.69 tons of NOX per year (TPY) 
for flame suppression, heaters, and torpedo cars; and 140 lb NOX/
MMft3 of natural gas and 0.6 TPY for tuyeres. VOC RACT for the 
Blast Furnace Operations is determined to be good air pollution control 
practices such that VOC emissions do not exceed: 3.8 lb VOC/MMft3 
of natural gas and 0.41 TPY for flame suppression, heaters and torpedo 
cars; and 2.8 lb VOC/MMft3 of natural gas and 0.01 TPY for 
tuyeres. NOX RACT for the Basic Oxygen Furnace Shop is determined 
to be good air pollution control practices such that NOX emissions 
do not exceed: 100 lb NOX/MMft3 of natural gas and 1.1 TPY

[[Page 67232]]

for scrap preheating; and 140 lb NOX/MMft3 of natural gas and 
10.8 TPY for ladle preheating and heaters. VOC RACT for the Basic 
Oxygen Furnace Shop is determined to be good air pollution control 
practices such that VOC emissions do not exceed: 3.8 lb VOC/MMft3 
of natural gas and 0.04 TPY for scrap preheating; and 2.8 lb VOC/
MMft3 of natural gas and 0.22 TPY for ladle preheating and 
heaters. NOX RACT for the Blast Furnace Casthouse is determined to 
be good air pollution control practices such that NOX emissions do 
not exceed 0.03 lb NOX/ton of steel processed and 11.0 TPY.
    (f) Pennsylvania Electric Company--Williamsburg Station--VOC and 
NOX RACT determination for three emission units at Pennsylvania 
Electric Company (Penelec)--Williamsburg Station: unit #11 boiler, 
auxiliary boiler, fugitive VOC sources. NOX and VOC RACT for the 
unit #11 boiler is determined to be good air pollution control 
practices such that emissions limits shall be 21.7 pounds of NOX 
per million British thermal units (lb/MMBtu) and 0.1459 lb/MMBtu of No. 
2 oil fired with annual fuel usage records, and no more than 867 tons 
per year (TPY) of NOX and 3 TPY of VOC. NOX and VOC RACT for 
the auxiliary boiler is determined to be the requirements of 25 Pa Code 
129.93 (c)(1), pertaining to units with individual rated gross heat 
inputs less than 20 million British thermal units per hour (MMBtu/hr) 
of operation maintenance and operation in accordance with 
manufacturer's specifications, and the units are operated using good 
air pollution control practices.
    (g) Caparo Steel Company--VOC and NOX RACT determination for 
four emission units at Caparo Steel Company, not covered by operating 
permit OP 43-285: Package boilers, BW boiler #1, BW boiler #2, and BW 
boiler #3. NOX RACT for the package boilers is determined to be 
good air pollution control practices such that NOX emissions do 
not exceed 550 pounds of NOX per million cubic feet (lb NOX/
MMft3) of natural gas and 529.82 tons of NOX per year (TPY). 
VOC RACT for the package boilers is determined to be good air pollution 
control practices such that VOC emissions do not exceed 1.4 lb VOC/
MMft3 of natural gas and 1.35 TPY. NOX RACT for each of the 
BW boilers is determined to be good air pollution control practices 
such that NOX emissions do not exceed 23 lb NOX/MMft3 of 
BFG and 80.1 TPY.
    4. Section 52.2036 is amended by adding paragraph (f) to read as 
follows:


Sec. 52.2036  1990 Baseyear emission inventory.

* * * * *
    (f) Sharon Steel Company 1990 VOC and NOX emissions for three 
emission units (Blast Furnace Operations, Basic Oxygen Furnace Shop, 
Blast Furnace Casthouse), submitted June 10, 1996, are approved. Sharon 
Steel Company is located in Mercer County, Pennsylvania, which is in a 
marginal ozone nonattainment area. The 1990 VOC and NOX emissions 
from the Blast Furnace Operations (flame suppression, heaters and 
torpedo cars, flare stack, tuyeres) are 0.4 TPY and 49.3 TPY, 
respectively. The 1990 VOC and NOX emissions from the Basic Oxygen 
Furnace Shop (scrap preheating, ladle preheating and heaters) are 1.4 
TPY and 39.6 TPY, respectively. The 1990 VOC and NOX emissions 
from the Blast Furnace Casthouse are 205.4 TPY and 11.0 TPY, 
respectively.

[FR Doc. 96-32369 Filed 12-19-96; 8:45 am]
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