[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Rules and Regulations]
[Pages 11370-11372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5413]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4067a; FRL-5968-2]


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) 
for six (6) major sources located in Pennsylvania. The intended effect 
of this action is to approve source-specific operating permits and 
compliance 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.

DATES: This action is effective May 8, 1998, unless notice is received 
on or before April 8, 1998, 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 Protection 
Division, Mailcode 3AP11, 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 Protection 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 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: David J. 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 December 31, 1997, 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 document, 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 document are meant to satisfy 
the RACT requirements for six (6) sources in Pennsylvania.

Summary of SIP Revision

    The details of the RACT requirements for the source-specific 
operating and compliance permits can be found in the docket and 
accompanying technical support document (TSD) and will not be 
reiterated in this document. Briefly, EPA is approving a revision to 
the Pennsylvania SIP pertaining to the determination of RACT for six 
(6) 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 and 
compliance 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 upon 
further request, from the EPA Region III office listed in the ADDRESSES 
section of this document.

                      Pennsylvania--VOC and NOX RACT Determinations for Individual Sources                      
----------------------------------------------------------------------------------------------------------------
                                                        Operating permit                                        
             Source                     County         (OP #), compliance      Source type      ``Major source''
                                                         permit (CP #)                             pollutant    
----------------------------------------------------------------------------------------------------------------
Allegro MicroSystems W.G. Inc..  Montgomery.........  OP 46-0006           Semiconductor       VOC              
                                                                            manufacturing.                      
Hale Products, Inc.............  Montgomery.........  OP 46-0057           Foundry...........  VOC              
Con-Lime.......................  Centre.............  OP 14-0001           Lime manufacturing  NOX              
Coastal Aluminum Rolling Mills,  Lycoming...........  OP 41-0007           Secondary metal     VOC              
 Inc.                                                                       processing.                         
International Envelope Company.  Chester............  OP 15-0023           Printing..........  VOC              

[[Page 11371]]

                                                                                                                
Brown Printing Company.........  Montgomery.........  CP 46-0018           Printing..........  NOX, VOC         
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    EPA is approving this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the rule should adverse or 
critical comments be filed. This rule will be effective May 8, 1998, 
without further notice unless the Agency receives relevant adverse 
comments by April 8, 1998.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule did 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on the proposed rule. Only parties 
interested in commenting on this rule should do so at this time. If no 
such comments are received, the public is advised that this rule will 
be effective on May 8, 1998, and no further action will be taken on the 
proposed rule. If adverse comments are received that do not pertain to 
all paragraphs in this rule, those paragraphs not affected by the 
adverse comments will be finalized in the manner described here. Only 
those paragraphs that receive adverse comments will be withdrawn in the 
manner described here.

Final Action

    EPA is approving five (5) operating permits and one (1) compliance 
permit as RACT for six (6) 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.

Administrative Requirements

A. Executive Order 12866

    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. 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).

C. Unfunded Mandates Act

    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

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA 
is not required to submit a rule report regarding today's action under 
section 801 because this is a rule of particular applicability.

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 May 8, 1998. 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

[[Page 11372]]

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: February 3, 1998.
William T. Wisniewski,
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 et seq.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(130) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (130) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on December 31, 
1997 by the Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) A December 31, 1997 letter submitted by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and/or NOX RACT determinations in the form of operating and 
compliance permits.
    (B) Operating permits (OP), compliance permits (CP):
    (1) Allegro MicroSystems W.G., Inc. (Montgomery County)--OP 46-
0006, effective December 19, 1997, except for the expiration date and 
items Nos. 9, 13 and 14(D) relating to non-RACT provisions.
    (2) Hale Products, Inc. (Montgomery County)--OP 46-0057, effective 
November 21, 1997, except for the expiration date.
    (3) Con-Lime, Inc. (Centre County)--OP 14-0001, effective January 
7, 1998, except for the expiration date and items (or portions thereof) 
Nos. 8, 9, 17, 18, 19, 20, 21, 22, 24, 25, and 28 relating to non-RACT 
provisions.
    (4) Coastal Aluminum Rolling Mills, Inc. (Lycoming County)--OP 41-
0007, effective November 21, 1997, except for the expiration date and 
items (or portions thereof) Nos. 9, 20, and 28 relating to non-RACT 
provisions.
    (5) International Envelope Company (Chester County)--OP 15-0023, 
effective November 2, 1995, except for the expiration date.
    (6) Brown Printing Company (Montgomery County)--CP 46-0018, 
effective September 26, 1996, except for the expiration date.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's December 31, 
1997 VOC and NOX RACT SIP revision submittal.

[FR Doc. 98-5413 Filed 3-6-98; 8:45 am]
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