[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Rules and Regulations]
[Pages 19047-19049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9950]


      

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4055a; FRL-5809-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Approval of Source-Specific VOC and NOX RACT 
Determinations

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 nine major sources. The intended effect of this action is to approve 
source-specific plan approvals, operating permits and one compliance 
permit. This action is being taken under section 110 of the Clean Air 
Act.

DATES: This final rule is effective June 2, 1997 unless within May 19, 
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 J. Campbell, Pennsylvania 
RACT Team Leader, Mailcode 3AT22, 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 the Pennsylvania 
Department of Environmental Protection, Bureau of Air Quality, P.O. Box 
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Janice M. Lewis, (215) 566-2185, or by 
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 March 27, 1995, November 15, 1995 and May 
2, 1996, the Commonwealth of Pennsylvania submitted a formal revision 
to its State Implementation Plan (SIP). The SIP revision consists of 
plan approvals, operating permits and one compliance permit for nine 
individual sources of volatile organic compounds (VOCs) and/or nitrogen 
oxides (NOX) located in Pennsylvania. This rulemaking addresses 
the plan approvals and operating permits pertaining to the following 
sources: (1) Maier's Bakery, Inc. (Reading Plant, Berks County)--
bakery; (2) Morgan Corporation (Morgantown Plant, Berks County)--heavy 
duty truck manufacturer; (3) Allentown Cement Company (Maidencreek 
Township, Berks County)--cement manufacturer; (4) Quaker Maid 
(Ontelaunee Township, Berks County)--manufacturer of kitchen cabinets; 
(5) Brentwood Industries, Inc. (Reading, Berks County)--manufacturer of 
plastic products; (6) Metropolitan Edison Company (Cumru Township, 
Berks County)--electric generation station; (7) ICI Fluoropolymers 
(Caln Township, Chester County)--manufacturer of free flow 
polytetrafluoroethylene (PTFE); (8) Synthetic Thread Company (City of 
Bethlehem, Lehigh County)--manufacturer of coated nylon and polyester 
thread; and (9) Bird-In-Hand Woodworks, Inc. (East Hempfield Township, 
Lancaster County)--manufacturer of wood furniture for children.
    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. Therefore, 
RACT is applicable statewide in Pennsylvania.
    The March 27, 1995, November 15, 1995 and May 2, 1996 Pennsylvania 
submittals that are the subject of this notice, are meant to satisfy 
the RACT requirements for nine sources in Pennsylvania.

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 approving six plan approvals, three 
operating permits and one compliance permit as RACT.

RACT

    EPA is approving the operating permits of the following facilities 
located in Pennsylvania: (1) Bird-In-Hand Wood Works, Inc. (East 
Hempfield Township, Lancaster County)--manufacturer of wood furniture 
for children--major source of VOC emissions; (2) Quaker Maid 
(Ontenlaunee Township, Berks County)--manufacturer of kitchen cabinets 
and finishing--major source of VOC emissions; and (3) Morgan 
Corporation (Morgantown Plant, Berks County)--manufacturer of heavy 
duty trucks--major source of VOC emissions.
    EPA is approving the plan approval and one compliance permit of the 
following facilities: (1) Maier's Bakery, Inc. (Reading Plant, Berks 
County)--bakery--major source of VOC emissions; (2) Allentown Cement 
Company (Maidencreek Township, Berks County)--cement manufacturer--
major source of NOx emissions; (3) Brentwood Industries, Inc. (Reading, 
Berks County)--manufacturer of plastic products--major source of VOC 
emissions; (4) Metropolitan Edison Company (Cumru Township, Berks 
County)--electric generation station--major source of NOX 
emissions; (5) ICI Fluoropolymers (Caln Township, Chester County)--
manufacturer of free flow polytetrafluoroethylene (PTFE)--major source 
of VOC emissions; and (6) Synthetic Thread Company (City of Bethlehem, 
Lehigh County)--manufacturer of coated nylon and polyester thread--
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.
    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 June 2, 1997 unless, by May 19, 1997, adverse or critical 
comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the

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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 June 2, 1997.

Final Action

    EPA is approving six plan approvals, three operating permits and 
one compliance permit as RACT for nine individual sources located in 
Pennsylvania.
    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 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 requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, result from 
this action.
    Under 5 U.S.C. 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 5 
U.S.C. 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 
determinations for nine sources in Pennsylvania, must be filed in the 
United States Court of Appeals for the appropriate circuit by June 2, 
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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: March 31, 1997.
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)(118) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (118) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on March 27, 1995, 
November 15, 1995 and May 2, 1996 by the Pennsylvania Department of 
Environmental Resources (now know as the Pennsylvania Department of 
Environmental Protection):
    (i) Incorporation by reference.
    (A) Four letters, dated March 27, 1995, November 15, 1995, May 2, 
1996 and September 13, 1996, from the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations in the form of plan approvals, operating 
permits or a compliance permit for the following sources:
    (1) Maier's Bakery, Inc. (Reading Plant, Berks County)--bakery;
    (2) Morgan Corporation (Morgantown Plant, Berks County)--heavy duty 
truck manufacturer;
    (3) Allentown Cement Company (Maidencreek Township, Berks County)--
cement manufacturer;
    (4) Quaker Maid (Ontelaunee Township, Berks County)--manufacturer 
of kitchen cabinets;
    (5) Brentwood Industries, Inc. (Reading, Berks County)--
manufacturer of plastic products;
    (6) Metropolitan Edison Company (Cumru Township, Berks County)--
electric generation station;
    (7) ICI Fluoropolymers (Caln Township, Chester County)--
manufacturer of free flow polytetrafluoro-ethylene (PTFE);

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    (8) Synthetic Thread Company (City of Bethlehem, Lehigh County)--
manufacturer of coated nylon and polyester thread; and
    (9) Bird-In-Hand Woodworks, Inc. (East Hempfield Township, 
Lancaster County)--manufacturer of wood furniture for children.
    (B) Plan approvals (PA), Operating Permits (OP) and a Compliance 
Permit:
    (1) Maier's Bakery, Inc.--PA 06-1023, effective September 20, 1995, 
except for the expiration date of the plan approval.
    (2) Morgan Corporation--OP 06-1025, effective August 31, 1995, 
except the expiration date of the operating permit.
    (3) Allentown Cement Company, Inc.--PA 06-1002, effective October 
11, 1995, except for conditions #17, #20, #21 and #30 pertaining to 
non-NOX and non-VOC pollutants and the expiration date of the plan 
approval.
    (4) Quaker Maid--OP 06-1028, effective October 27, 1995, except the 
expiration date of the operating permit.
    (5) Brentwood Industries, Inc.--PA 06-1006, effective February 12, 
1996, except for the expiration date of the plan approval.
    (6) Metropolitan Edison Company--PA 06-1024, effective March 9, 
1995, except the expiration date of the plan approval and condition #13 
pertaining to non-NOX and non-VOC pollutant.
    (7) ICI Fluoropolymers --PA 15-0009 and CP 15-0009, effective 
October 3, 1995, except the expiration date of the plan approval and 
the compliance permit.
    (8) Synthetic Thread Company--PA 39-0007A, effective August 10, 
1995, except the expiration date of the plan approval.
    (9) Bird-In-Hand Woodworks, Inc.--OP 36-2022, effective September 
27, 1995, except for the expiration date of the operating permit.
    (ii) Additional material.
    (A) Remainder of March 27, 1995, November 15, 1995 and May 2, 1996 
State submittals.

[FR Doc. 97-9950 Filed 4-17-97; 8:45 am]
BILLING CODE 6560-50-P