[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Rules and Regulations]
[Pages 4167-4169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2076]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 055-4038; FRL-5653-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of a NOX RACT Determination for
International Paper Company--Hammermill Papers Division--Lockhaven
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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 International Paper Company--Hammermill Papers Division, a major
source of nitrogen oxide (NOX) emissions. Additionally, it limits
the volatile organic compound (VOC) emissions at this facility to no
more than 50 tons per year; thereby making this facility a synthetic
minor VOC source. The intended effect of this action is to approve a
source-specific operating permit for the emission units at
International Paper--Hammermill Division--Lockhaven, located in Clinton
County, Pennsylvania. This action is being taken under section 110 of
the Clean Air Act.
EFFECTIVE DATE: This final rule is effective on February 28, 1997.
ADDRESSES: 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 Protection, Bureau
of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl, (215) 566-2180, at
the EPA Region III office or via e-mail at
[email protected].
SUPPLEMENTARY INFORMATION: On April 9, 1996 (61 FR 15709), EPA
published a direct final rulemaking notice and the accompanying notice
of proposed rulemaking (NPR) (61 FR 15744) for the Commonwealth of
Pennsylvania pertaining to the VOC and NOX RACT determinations for
21 sources. One of these sources was International Paper Company--
Hammermill Papers Division--Lockhaven (IP--Lockhaven), located in
Clinton County, Pennsylvania. On June 28, 1996, adverse comments were
submitted to EPA by the New York Department of Environmental
Conservation (NYDEC) pertaining to the RACT determination for IP--
Lockhaven. The formal SIP revision for IP--Lockhaven was submitted by
Pennsylvania on April 19, 1995. Pennsylvania Department of
Environmental Protection (PADEP) also submitted comments to EPA on the
IP--Lockhaven RACT determination.
NYDEC Comments
New York Department of Environmental Conservation commented that
while they agreed with EPA's determination that RACT for the two 350
mmBTU/hr coal-fired stoker boilers was the operation and maintenance of
the boilers in accordance with manufacturer's specifications and good
air pollution control practices, they disagreed with the accompanying
emission limit of 0.7 lbs NOX/mmBTU, averaged over a 30 day
period, that was also determined to be RACT for these boilers. NYDEC
stated that since the AP-42 emission factor estimates NOX
emissions for this type of unit at 0.56 lbs/mmBTU, the limit of 0.7
lbs/mmBTU was too high. NYDEC concludes that in the absence of
supporting data, the AP-42 emission rate should become the SIP emission
rate for these boilers.
Pennsylvania Comments
Pennsylvania Department of Environmental Protection submitted
comments to EPA on July 16, 1996 stating that the proposed RACT
emission limits of 0.7 lbs NOX/mmBTU for the two boilers at IP--
Lockhaven were established based on actual emissions data. The 30 day
average CEM data recorded for boiler #1 was 0.61 lbs/mmBTU with the
range as 0.52 to 0.67 lbs/mmBTU. The 30 day average CEM data recorded
for boiler #2 was 0.58 lbs/mmBTU with the range as 0.53 to 0.60 lbs/
mmBTU. Since a year's worth of certified data was not available at the
time that DEP issued the permit to IP--Lockhaven (December 1995, OP 18-
0005), DEP established the limit of 0.7 lbs/mmBTU to allow a buffer to
account for the limited emission data. DEP also states that condition
#6 of the IP permit allows the Department to revise the NOX
emission limits based on future CEM data. Furthermore, DEP states that
since the permit was issued, the IP boilers have recorded exceedances
and were
[[Page 4168]]
required to make adjustment to meet the 0.7 lbs/mmBTU permit limit;
indicating to DEP that the 0.7 lbs/mmBTU limit is appropriate for these
boilers.
EPA Response to Comments
The AP-42 emission factors are generally used where there is no
other available data. These factors come from the EPA document
``Compilation of Air Pollution Emission Factors'' (AP-42) now in its
fifth edition (January 1995). These emission factors represent an
estimate of expected emissions and are compiled by EPA for a variety of
industrial sources and cover NOX as well as other pollutants. The
two boilers whose RACT determinations are at issue here are coal-fired
stoker boilers and the AP-42 emission factor is given as 13.7 lbs
NOX/ton of coal burned. In order to convert this emission factor
to units compatible with the proposed RACT emission limits (lbs
NOX/mmBTU), the heating value of the coal used needs to be known
or estimated. Generally the heating value of coal varies from 12,500
BTU to 13,500 BTU per ton of coal. Using the lower end of this range is
the more environmentally conservative part of this range, producing a
slightly higher estimate of emissions. The heating value of 12,500 BTU/
ton coal is also more realistic for this part of the country.
Therefore, the conversion of the 13.7 lbs NOX/ton coal emission
factor is as follows:
13.7 lbs NOX/ton coal x 1 ton coal/2000 lbs x lb coal/12,500
BTU x 106 = 0.55 lbs NOX/mmBTU
This is approximately the 0.56 lbs NOX/mmBTU emission factor that
NYDEC cites as the AP-42 emission factor for the boilers at IP--
Lockhaven.
EPA believes that RACT for the two 350 mmBTU/hr stoker boilers at
IP--Lockhaven should not require the installation of add-on emission
controls. NYDEC agrees with this assessment. Consequently, the RACT
emission limit would reflect emissions achievable without controls.
International Paper--Lockhaven has been required to operate and
maintain continuous emission monitors (CEMs) to monitor NOX at
these two boilers since 1994. Using the CEM data available for these
boilers, beginning with the first quarter in 1994 through the second
quarter in 1996, the NOX emissions from boiler #1, on a quarterly
average, were 0.74 lbs/mmBTU, 0.66 lbs/mmBTU, 0.59 lbs/mmBTU, 0.61 lbs/
mmBTU, 0.63 lbs/mmBTU, 0.64 lbs/mmBTU, 0.60 lbs/mmBTU, 0.54 lbs/mmBTU,
0.54 lbs/mmBTU, and 0.53 lbs/mmBTU. The NOX CEM data for boiler
#2, beginning with the first quarter in 1994 through the second quarter
in 1996, were 0.57 lbs/mmBTU, 0.58 lbs/mmBTU, 0.63 lbs/mmBTU, 0.66 lbs/
mmBTU, 0.70 lbs/mmBTU, 0.72 lbs/mmBTU, 0.67 lbs/mmBTU, 0.60 lbs/mmBTU,
0.60 lbs/mmBTU, and 0.641 lbs/mmBTU. These data are quarterly averages.
CEM data for both running 30 day averages and daily averages are
available for each of the two IP boilers. The running 30 day averages
in the period first quarter 1994 through the second quarter 1996 range
from a low of 0.515 lbs/mmBTU to a high of 0.70 lbs/mmBTU for boiler #1
and from a low of 0.529 lbs/mmBTU to a high of 0.779 lbs/mmBTU for
boiler #2. The daily averages in the same period range from 0.32 lbs/
mmBTU to 0.76 lbs/mmBTU for boiler #1 and from 0.47 lbs/mmBTU to 0.82
lbs/mmBTU for boiler #2. The longer the averaging period, the easier it
is to comply with the same numerical emission limit. For example, a 0.7
lbs/mmBTU limit on a quarterly average is a less stringent emission
limitation (easier for a source to comply with) than a 0.7 lbs/mmBTU
limit on a 30 day rolling average, which is less stringent than
complying with a 0.7 lbs/mmBTU limit on a daily average. The proposed
RACT emission limit for each of the two 350 mmBTU/hr boilers at IP--
Lockhaven is 0.7 lbs NOX/mmBTU on a 30 day rolling average.
EPA's concern with setting a RACT emission limitation for
International Paper is that the limitation should be stringent enough
to require that IP operate the boilers to minimize NOX emissions.
However, since RACT in this case has been determined to be no add-on
emission controls, the RACT emission limitation should not be so
stringent as to make it impossible for IP to meet the limit with its
current operation, provided it is operated in accordance with good air
pollution control practices. Therefore, after considering all the
submitted comments and the CEM data for the two 350 mmBTU/hr stoker
boilers, EPA believes that the emission limitation of 0.7 lbs NOX/
mmBTU, together with the other conditions in the IP--Lockhaven
operating permit (OP 18-0005), constitute RACT for these emission
units.
The IP--Lockhaven operating permit also contains a provision
applicable to the 165 mmBTU/hr boiler that requires it to have ceased
operations by May 31, 1995. EPA agrees that RACT for this boiler is its
shutdown by no later than May 31, 1995. Furthermore, the IP--Lockhaven
operating permit contains a provision that restricts its VOC emissions
to less than 50 tons per year so as to avoid the major source VOC RACT
requirement. A source may agree to federally enforceable requirements
to limit its potential emissions and become a synthetic minor source
for that pollutant. Additional information about the emission units and
RACT requirements at this facility is available in the technical
support document that was made available with the April 9, 1996 Federal
Register notice.
Final Action
EPA has considered the comments submitted by NYDEC and PADEP and
other relevant information and has decided to approve the operating
permit, OP 18-0005, for International Paper Company--Hammermill
Division--Lockhaven as RACT and incorporate it as a revision to the
Pennsylvania SIP. Pursuant to section 182(b)(2) and 182(f) of the Clean
Air Act, EPA is determining that the requirements in OP 18-0005
constitute RACT for the applicable emission units at the IP--Lockhaven
facility.
The Agency has reviewed this request for revision of the Federally-
approved State implementation plan for conformance with the provisions
of the 1990 amendments enacted on November 15, 1990. The Agency has
determined that this action conforms with those requirements
irrespective of the fact that the submittal preceded the date of
enactment.
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.
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
[[Page 4169]]
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 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action pertaining to the NOX RACT approval
for International Paper Company--Hammermill Division--Lockhaven
(Clinton County) must be filed in the United States Court of Appeals
for the appropriate circuit by March 31, 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, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: November 7, 1996.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
Chapter I, title 40, of the Code of Federal Regulations 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)(115) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(115) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NOX RACT, submitted on January 6, 1995 by
the Pennsylvania Department of Environmental Protection:
(i) Incorporation by reference.
(A) One letter dated January 6, 1995 from 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 International Paper Company--Hammermill Papers
Division--Lockhaven.
(B) Operating permit (OP):
(1) International Paper Company--Hammermill Papers Division--
Lockhaven--OP 18-0005, effective December 27, 1994, except the
expiration date of the operating permit.
[FR Doc. 97-2076 Filed 1-28-97; 8:45 am]
BILLING CODE 6560-50-P