[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Rules and Regulations]
[Pages 38915-38917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19095]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA078-4042; FRL-5858-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Approval of Source-Specific RACT for R.R. 
Donnelley & Sons Company--East Plant

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) 
for R. R. Donnelley & Sons Company--East Plant, and approves a 1990 
baseyear VOC emissions change for the facility. The intended effect of 
this action is to approve a source-specific determination made by the 
Commonwealth which establishes and imposes RACT requirements in 
accordance with the Clean Air Act (CAA). This action is being taken 
under section 110 of the CAA.

DATES: This final rule is effective September 19, 1997 unless by August 
20, 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/CO & 
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, 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: Jeffrey M. Boylan, (215) 566-2094, at 
the EPA Region III office or via e-mail at boylan.jeffrey@
epamail.epa.gov. While information may be requested via e-mail, 
comments must be submitted in writing to the above Region III address.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 20, 1995, August 15, 1996, and September 13, 1996, the 
Commonwealth of Pennsylvania submitted formal revisions to its State 
Implementation Plan (SIP). The SIP revision that is the subject of this 
rulemaking consists of a RACT determination, and a 1990 baseyear VOC 
emission inventory change for R. R. Donnelley & Sons Company located in 
Lancaster County Pennsylvania. This rulemaking addresses one operating 
permit pertaining to the Company's East Plant. In addition, on April 
16, 1997, the Commonwealth of Pennsylvania submitted a letter amending 
the September 20, 1995 submittal pertaining to R. R. Donnelley & Sons 
Company (East Plant).
    Pursuant to section 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-
Wilmington-Trenton 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 section 182(b)(2) and 182(f)) apply throughout the OTR. 
Pennsylvania is included in within the OTR. Therefore, RACT is 
applicable statewide in Pennsylvania. The September 20, 1995 (amended 
April 16, 1997), August 15, 1996, and September 13, 1996 Pennsylvania 
submittals that are the subject of this notice, consist of an operating 
permit which was issued to satisfy the RACT requirements for R. R. 
Donnelley & Sons Company--East Plant in Lancaster County Pennsylvania.

II. Summary of SIP Revision

    The details of the RACT requirements for the source-specific 
operating permit can be found in the docket and accompanying Technical 
Support Document (TSD), prepared by EPA on this rulemaking. Briefly, 
EPA is approving the Commonwealth's RACT determination for R. R. 
Donnelley & Sons Company--East Plant as a revision to the Pennsylvania 
SIP, and a 1990 baseyear VOC emissions inventory change for the same 
facility. The operating permit contains conditions irrelevant to the 
determination of VOC RACT. Consequently, these provisions are not being 
included in this approval for VOC RACT nor are they being made part of 
the SIP.

RACT Determination for R.R. Donnelley & Sons Company (East Plant)

    EPA is approving the operating permit (OP#36-2027) for R. R. 
Donnelley & Sons Company (East Plant) located in Lancaster County. R. 
R. Donnelley & Sons Company (East Plant) is a printing facility and is 
considered to be a major source of VOC emissions. Although once 
considered to be a major source of NOX emissions, the 
Pennsylvania Department of Environmental Protection (PADEP) submitted a 
letter on April 16, 1997, withdrawing the NOX RACT 
determination portion of OP #36-2027 from its SIP revision request of 
September 20, 1995. R. R. Donnelley & Sons Company (East Plant) has 
been issued a permit with conditions that limit facility wide 
NOX emissions to 99 TPY. Since R. R. Donnelley & Sons 
Company (East Plant) has never had

[[Page 38916]]

actual NOX emissions in excess of 100 TPY (from 1990 and 
beyond), and has accepted an enforceable NOX emission cap of 
less than 100 TPY, the facility is no longer determined to be a major 
source of NOX. Pennsylvania issued the permit to R. R. 
Donnelley & Sons Company (East Plant) with an enforceable emissions cap 
required by a permit issued under Pennsylvania's approved Federally 
Enforceable State Operating Permit (FESOP) program.
    The six (6) rotogravure presses, and two (2) proof press dryers are 
covered by 25 PA Code Section 129.67--Graphics Arts System and 40 CFR, 
Part 60, Subpart QQ--Standards of Performance for the Graphics Arts 
Industry: Publication Rotogravure Printing.
    The six (6) heatset web offset lithographic printing presses ink 
and dampening solutions on the webs are dried by evaporation in high 
air velocity natural gas fired dryers, with VOC emissions from the 
dryers controlled by one (1) regenerative thermal oxidizer (RTO). 
Operating Permit, OP #36-2027, will require, among other things, that 
destruction removal efficiency (DRE) of the RTO be at least 90% for 
VOC's and combustion chamber temperature be maintained at least at 
1400 deg.F. Although the permit specifies capture efficiency (CE) 
parameters in the permit, no actual site testing has been done nor has 
a protocol been established to substantiate the CE figures in condition 
#16 (See the discussion of condition #9 below). VOC content of all 
heatset inks and fountain solutions are not to exceed 45% and 3% by 
weight respectively.
    During periods of maintenance to the RTO, a catalytic afterburner 
or thermal afterburner are put into operation and the company can only 
operate the presses that are associated with these bypass controls. 
Conditions in the permit require the bypass controls to be 
operationally checked out at least once a year then submitting a report 
of overall operating condition to the Lancaster District Supervisor 
within thirty days of operational check. Additionally the permit 
requires the thermal afterburner to be up to its rated capacity of 
10,000 CFM and maintain a chamber temperature of at least 1375 deg.F.
    Permit conditions will require cleaning solutions to have a 
composite partial vapor pressure not to exceed 10 mm Hg at 20 deg.C or 
VOC content not to exceed 30% by weight. The company will limit the use 
of higher vapor pressure cleaning solvents to less than 5% by weight of 
the total manual cleaning solvents used. In addition, the company must 
keep all solvent laden rags in closed containers when not in use and 
keep all containers containing VOC's tightly closed when not in use.
    Condition #9 requires the facility to keep applicable records and 
reports in accordance with 25 PA Code, Section 129.95 such that 
compliance with RACT requirements can be determined. Therefore, while 
no CE testing is specifically required by the permit, such testing may 
be required in order to determine compliance with the applicable RACT 
requirements.

1990 Baseyear VOC Emission Inventory Correction

    In addition to approving the RACT determination for these sources 
at R. R. Donnelley & Sons Company (East Plant), EPA is approving 
Pennsylvania's request that the 1990 emissions inventory for the 
facility's VOCs be corrected to accurately reflect the 1990 emissions. 
The 1990 baseyear VOC emissions inventory will be corrected to 864 
tons. Justification for the change in VOC emissions is described as 
follows:

--For rotogravure operations, R. R. Donnelley & Sons Company (East 
Plant) initially assumed a 5% retention of solvent in the web, and 
then revised their assumption to 2% based on the amount of solvent 
actually being recovered by the six bed carbon adsorption system. 
Based on VOC emissions data submitted to PADEP for the year 1990, 
the actual VOC emissions from rotogravure operations was 794.51 
tons. The figures were taken from data submitted to PADEP from the 
facility dated May 6, 1996 (subsequently submitted to EPA from PADEP 
via letter dated December 13, 1996).
--For heatset web offset lithographic operations, boilers, and 
associated solvent cleaning equipment, R. R. Donnelley & Sons 
Company provided data calculating estimates for actual 1990 VOC 
emissions of 69.83 tons. The figures were taken from the facility's 
RACT proposal submitted to PADEP dated March 29, 1995.

    The source-specific RACT emission limitations that are being 
approved into the Pennsylvania SIP are those that were submitted on 
September 20, 1995 (amended April 16, 1997), August 15, 1996, and 
September 13, 1996, 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 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 September 19, 1997 unless, by August 20, 1997, 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 September 19, 1997.

Final Action

    EPA is approving a source-specific RACT determination for R. R. 
Donnelley & Sons Company--East Plant submitted by PADEP, and a 1990 
baseyear VOC emission inventory correction for the same facility. 
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.

III. Administrative Requirements

A. Executive Order 12866

    This action has been delegated to the Regional Administrator for 
decision-making and signature. The Office of Management and Budget 
(OMB) has exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    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 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.

[[Page 38917]]

    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).

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 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 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).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action, pertaining to the RACT approval for R. 
R. Donnelley & Sons--East Plant, must be filed in the United States 
Court of Appeals for the appropriate circuit by September 19, 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: July 1, 1997.
Thomas Voltaggio,
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)(125) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (125) Revisions to the Pennsylvania Regulations Chapter 129.91 
through 129.95 pertaining to VOC and NOX RACT, submitted on 
September 20, 1995 (amended April 16, 1997), August 15, 1996, and 
September 13, 1996 by the Pennsylvania Department of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Three letters dated September 20, 1995, August 15, 1996, and 
September 13, 1996 from the Pennsylvania Department of Environmental 
Protection transmitting one source-specific RACT determination and 1990 
baseyear VOC emissions inventory change for R.R. Donnelley & Sons 
Company (East Plant). One letter dated April 16, 1997 amending the 
September 20, 1995 submittal. The source is R.R. Donnelley & Sons 
Company, East Plant (Lancaster County)--printing facility.
    (B) Operating Permits (OP):
    (1) R.R. Donnelley & Sons Company, East Plant--OP #36-2027, 
effective July 14, 1995, except for the expiration date of the 
operating permit, all conditions pertaining to NOX RACT 
determination, and the parts of conditions 8, 12b & 23 pertaining to 
Hazardous Air Pollutants (HAP's).
    (ii) Additional Material. Remainder of September 20, 1995, August 
15, 1996, and September 13, 1996 State submittals pertaining to R.R. 
Donnelley & Sons--East Plant.
    3. Section 52.2036 is amended by adding paragraph (j) to read as 
follows:


Sec. 52.2036  1990 baseyear emission inventory.

* * * * *
    (j) EPA is approving Pennsylvania's request that the 1990 emissions 
inventory for VOCs from R.R. Donnelley & Sons--East Plant be corrected 
to accurately reflect the 1990 emissions. The 1990 baseyear VOC 
emissions inventory will be corrected to 864 tons. Justification for 
the change in VOC emissions is described as follows:
    (1) For rotogravure operations, R.R. Donnelley & Sons Company (East 
Plant) initially assumed a 5% retention of solvent in the web, and then 
revised their assumption to 2% based on the amount of solvent actually 
being recovered by the six bed carbon adsorption system. Based on VOC 
emissions data submitted to PADEP for the year 1990, the actual VOC 
emissions from rotogravure operations was 794.51 tons. The figures were 
taken from data submitted to PADEP from the facility dated May 6, 1996 
(subsequently submitted to EPA from PADEP via letter dated December 13, 
1996).
    (2) For heatset web offset lithographic operations, boilers, and 
associated solvent cleaning equipment, R.R. Donnelley & Sons Company 
provided data calculating estimates for actual 1990 VOC emissions of 
69.83 tons. The figures were taken from the facility's RACT proposal 
submitted to PADEP dated March 29, 1995.

[FR Doc. 97-19095 Filed 7-18-97; 8:45 am]
BILLING CODE 6560-50-P