[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Rules and Regulations]
[Pages 35145-35147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17117]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4071a; FRL-6104-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Approval of VOC 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) reasonably 
available control technology (RACT) for eight (8) major sources located 
in Pennsylvania. The intended effect of this rule is to approve source-
specific plan approvals and 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.

DATES: This final rule is effective August 28, 1998 unless the Agency 
receives adverse comment by July 29, 1998. Should the Agency receive 
adverse or critical comments it will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

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 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 April 16, 1996 and March 24, 1998, 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 eight (8) 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 document. Briefly, EPA is approving a revision to 
the Pennsylvania SIP pertaining to the determination of RACT for eight 
(8) major sources. Several of the operating permits contain conditions 
irrelevant to the determination of VOC RACT. Consequently, these 
provisions are not being included in this approval for source-specific 
VOC 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 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                                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Plan                                                                     
                                                                             approval                                                                   
                                                                              (PA #)                                                                    
                                                                            operating                                                                   
              Source                               County                   permit (OP         Source type               ``Major source'' pollutant     
                                                                                #)                                                                      
                                                                            compliance                                                                  
                                                                            permit (CP                                                                  
                                                                                #)                                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Fibre-Metal Products Company.  Delaware..............................      23-0025  Miscellaneous              VOC                                  
                                                                                         manufacturing (safety                                          
                                                                                         products).                                                     
Finnaren & Haley, Inc............  Montgomery............................      46-0070  Paint manufacturing......  VOC                                  
Fres-co System USA, Inc..........  Bucks.................................      09-0027  Graphic arts.............  VOC                                  
Graphic Packaging Corp...........  Chester...............................      15-0013  Graphic arts.............  VOC                                  

[[Page 35146]]

                                                                                                                                                        
Montour Oil Service Company......  Lycoming..............................      41-0013  Petroleum storage and      VOC                                  
                                                                                         distribution terminal.                                         
Atlantic Refining and Marketing    Northumberland........................      49-0015  Petroleum storage and      VOC                                  
 Corporation.                                                                            distribution terminal.                                         
Transwall Corp...................  Chester...............................      15-0025  Graphic arts.............  VOC                                  
Tavo Packaging, Inc..............  Bucks.................................      09-0008  Miscellaneous              VOC                                  
                                                                                         manufacturing (office                                          
                                                                                         furniture).                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 August 28, 1998 
without further notice unless the Agency receives relevant adverse 
comments by July 29, 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 August 28, 1998 and no further action will be taken on 
the proposed rule. If adverse comments are received that do not pertain 
to all paragraphs subject to 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 eight (8) operating permits as VOC RACT for eight 
(8) 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

[[Page 35147]]

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 August 28, 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 action to approve VOC 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).)

F. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks. Executive Order 13045 (62 FR 19885, April 23, 1997), applies to 
any rule that is (1) likely to be ``economically significant'' as 
defined under Executive Order 12866, and (2) the Agency has reason to 
believe that the environmental health or safety risk addressed by the 
rule may have a disproportionate effect on children. If a regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    This rule is not subject to E.O. 13045, ``Protection of Children 
from Environmental Health Risks and Safety Risks'' because this is not 
an ``economically significant'' regulatory action as defined by E.O. 
12866, and because it does not involve decisions on environmental 
health or safety risks that may disproportionately affect children.

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 13, 1998.
William 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)(132) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) *  *  *
    (132) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC RACT, submitted on April 16, 1996 and March 24, 1998 
by the Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Two (2) letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC RACT 
determinations in the form of operating permits on the following dates: 
April 16, 1996 and March 24, 1998.
    (B) Operating permits (OP):
    (1) The Fibre-Metal Products Company (Delaware County), OP 23-0025, 
effective February 20, 1998, except for the expiration date and 
conditions Nos. 16 and 17 relating to non-RACT provisions.
    (2) Finnaren & Haley, Inc. (Montgomery County), OP 46-0070, 
effective March 5, 1998, except for the expiration date and conditions 
Nos. 13 and 15 relating to non-RACT provisions.
    (3) Fres-co System USA, Inc. (Bucks County), OP 09-0027, effective 
March 5, 1998, except for the expiration date and conditions No. 22 
relating to non-RACT provisions.
    (4) Graphic Packaging Corporation (Chester County), OP 15-0013, 
effective February 28, 1998, except for the expiration date and 
conditions Nos. 19 and 20 relating to non-RACT provisions.
    (5) Montour Oil Service Company (Lycoming County), OP 41-0013, 
effective March 19, 1998, except for the expiration date and conditions 
Nos. 7 and 9 relating to non-RACT provisions.
    (6) Atlantic Refining and Marketing Corporation (Northumberland 
County), OP 49-0015, effective March 19, 1998, except for the 
expiration date and conditions Nos. 8 and 10 relating to non-RACT 
provisions.
    (7) Transwall Corporation (Chester County), OP 15-0025, effective 
March 10, 1998, except for the expiration date and conditions Nos. 15, 
19, and 21 relating to non-RACT provisions.
    (8) Tavo Packaging, Inc. (Bucks County), OP 09-0008, effective 
November 8, 1995 except for the expiration date and condition No. 7 
relating to non-RACT provisions.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's April 16, 1996 
and March 24, 1998 VOC and NOX RACT SIP submittals for the 
relevant sources.
    (B) Additional clarifying material submitted by Pennsylvania: 
Letter dated March 24, 1998 from James M. Seif, Secretary, Pennsylvania 
Department of Environmental Protection providing additional information 
on Tavo Packaging, Inc.

[FR Doc. 98-17117 Filed 6-26-98; 8:45 am]
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