[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Rules and Regulations]
[Pages 30250-30252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14439]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIPTRAX No. PA-4058a; FRL-5832-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Approval of VOC and NOX RACT Determinations 
for Individual Sources

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 volatile organic compounds (VOC) and nitrogen 
oxides (NOX) reasonably available control technology (RACT) 
on five major sources located in Pennsylvania. The intended effect of 
this action is to approve source-specific operating permits that 
establish the above-mentioned RACT requirements in accordance with the 
Clean Air Act. This action is being taken under section 110 of the 
Clean Air Act.

EFFECTIVE DATE: This action will become effective August 4, 1997 unless 
notice is received on or before July 3, 1997 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 David Campbell, Air, Radiation, 
and Toxics Division, 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; Pennsylvania 
Department of

[[Page 30251]]

Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: David Campbell, (215) 566-2196, at the 
EPA Region III office or via e-mail at [email protected]. 
While information may be requested via e-mail, any comments must be 
submitted in writing to the above Region III address.

SUPPLEMENTARY INFORMATION: On August 1, 1995, December 8, 1995, and 
September 13, 1996, the Commonwealth of Pennsylvania submitted formal 
revisions to its State Implementation Plan (SIP). Each source subject 
to this rulemaking will be identified and discussed below. Any plan 
approvals and operating permits submitted coincidentally with those 
being approved in this notice, and not identified below, will be 
addressed in a separate rulemaking action.
    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 Pennsylvania 
submittals that are the subject of this notice are meant to satisfy the 
RACT requirements for five 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 (TSD) and will not be 
reiterated in this notice. Briefly, EPA is approving a revision to the 
Pennsylvania SIP pertaining to the determination of RACT for five major 
sources. 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 source-specific 
VOC or NOX RACT.

RACT Determinations

    The following table identifies the individual operating permits EPA 
is approving. 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.

                                          Pennsylvania--VOC and NOX RACT Determinations for Individual Sources                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Plan approval (PA #),                                                             
              Source                            County               operating permit (OP #),                Source type                ``Major source''
                                                                     compliance permit (CP #)                                              pollutant    
--------------------------------------------------------------------------------------------------------------------------------------------------------
Medusa Cement Company............  Lawrence.......................  OP 37-013                  Cement manufacturing..................  NOX              
Keystone Cement Company..........  Northampton....................  OP 48-0003                 Cement manufacturing..................  NOX, VOC         
Lehigh Portland Cement Company...  York...........................  OP 67-2024                 Cement manufacturing..................  NOX              
Mercer Lime and Stone Company....  Butler.........................  OP 10-023                  Lime manufacturing....................  NOX              
Con-Lime, Inc....................  Centre.........................  OP 14-0001                 Lime manufacturing....................  NOX              
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Several of the operating permits contain a provision that allows 
for future changes to the emission limitations based on continuous 
emissions monitoring (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 to EPA on August 1, 
1995, December 8, 1995, and September 13, 1996 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 notice. These emission limitations will remain unless 
and until they are replaced pursuant to 40 CFR part 51 and approved by 
the U.S. EPA.
    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 August 4, 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 notice 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 August 4, 1997. 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 five operating permits as RACT for five individual 
sources.
    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.

[[Page 30252]]

Administrative Requirements

A. Executive Order 12866
    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.
B. Regulatory Flexibility Act
    Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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. Sec. 7410(a)(2).
C. Unfunded Mandates
    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.
D. Submission to Congress and the General Accounting Office
    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).
E. Petitions for Judicial Review
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 4, 1997. Filing a 
petition for reconsideration by the Regional 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 to approve VOC and 
NOX RACT determinations for a number of individual sources 
in Pennsylvania as a revision to the Commonwealth's SIP 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: May 19, 1997.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.

    40 CFR part 52, subpart NN of chapter I, title 40 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)(122) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (122) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on August 1, 1995, 
December 8, 1995, 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) Three letters submitted by the Pennsylvania Department of 
Environmental Resources (now, the Pennsylvania Department of 
Environmental Protection) transmitting source-specific VOC and/or 
NOX RACT determinations in the form of operating permits on 
the following dates: August 1, 1995, December 8, 1995, and September 
13, 1996.
    (B) Operating Permits (OP):
    (1) Medusa Cement Company, Lawrence County--OP 37-013, effective 
July 27, 1995, except for item No. 9 relating to future emission 
limitations.
    (2) Keystone Cement Company, Northampton County--OP 48-0003, 
effective May 25, 1995, except for the expiration date and item No. 7 
relating to future emission limitations.
    (3) Lehigh Portland Cement Company, York County--OP 67-2024, 
effective May 26, 1995, except for the expiration date and item No. 7 
relating to future emission limitations.
    (4) Mercer Lime and Stone Company, Butler County--OP 10-023, 
effective May 31, 1995, except for item No. 6 relating to future 
emission limitations.
    (5) Con-Lime, Inc., Centre County--OP 14-0001, effective June 30, 
1995, except for the expiration date and item No. 8 relating to future 
emission limitations and items (or portions thereof) Nos. 17, 18, 20, 
22, 24, 25, and 26 relating to non-VOC or non-NOX 
provisions.
    (ii) Additional Material.
    (A) Remainder of the Commonwealth of Pennsylvania's August 1, 1995, 
December 8, 1995, and September 13, 1996 submittals.

[FR Doc. 97-14439 Filed 6-2-97; 8:45 am]
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