[Federal Register Volume 63, Number 215 (Friday, November 6, 1998)]
[Rules and Regulations]
[Pages 59884-59887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29656]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4081a; FRL-6184-2]


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 16 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.

DATES: This direct final rule is effective without further notice on 
January 5, 1999, unless EPA receives adverse written comment by 
December 7, 1998. Should EPA receive such comments, it will publish a 
timely withdrawal of the direct final rule in the Federal Register and 
inform the public that the 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, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 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, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103; 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) 814-2196, at the 
EPA Region III office or via e-mail at campbell.daveepamail.epa.gov. 
While information may be requested via e-mail, any comments must be 
submitted in writing to the above Region III address.


[[Page 59885]]


SUPPLEMENTARY INFORMATION:

I. Background

    On April 20, May 29, and July 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 16 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 16 
major sources. Several of the plan approvals and 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 plan approvals and 
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                            ``Major
           Source                      County             #) operating          Source type          source''
                                                         permit  (OP #)                             pollutant
----------------------------------------------------------------------------------------------------------------
Eldorado Properties           Northumberland.........  OP 49-0016          Petroleum storage     VOC.
 Corporation.                                                               and distribution.
Endura Products, Inc........  Bucks..................  OP 09-0028          Surface coating.....  NOX. , VOC.
Ford Electronics &            Montgomery.............  OP 46-0036          Electronics           NOX., VOC.
 Refrigeration Company.                                                     manufacturing.
H&N Packaging, Inc..........  Bucks..................  OP 09-0038          Graphic arts........  VOC.
Lancaster County Solid Waste  Lancaster..............  PA 36-2013          Municipal waste       NOX.
 Management Authority.                                                      combustion.
Monsey Products Company.....  Chester................  OP 15-0031          Protective coatings   VOC.
                                                                            manufacturing.
Ortho-McNeil Pharmaceutical.  Montgomery.............  OP 46-0027          Pharmaceutical        NOX., VOC.
                                                                            manufacturing.
Piccari Press, Inc..........  Bucks..................  OP 09-0040          Graphic arts........  VOC.
Pierce and Stevens            Chester................  OP 15-0011          Coatings and          VOC.
 Corporation.                                                               adhesives
                                                                            manufacturing.
PQ Corporation..............  Delaware...............  OP 23-0016          Flat glass            NOX.
                                                                            manufacturing.
Reynolds Metals Company.....  Chester................  OP 15-0004          Graphic arts........  NOX., VOC.
Rhone-Poulenc Rorer           Montgomery.............  OP 46-0048B         Pharmaceutical        NOX., VOC.
 Pharmaceuticals, Inc..                                                     manufacturing.
Superior Tube Company.......  Montgomery.............  OP 46-0020          Steel tubing          NOX., VOC.
                                                                            manufacturing.
Uniform Tubes Company.......  Montgomery.............  OP 46-0046A         Steel tubing          VOC.
                                                                            manufacturing.
U.S. Air Force--Willow Grove  Montgomery.............  OP 46-0072          Military              NOX., VOC.
 Air Reserve Station.                                                       installation.
U.S. Navy--Willow Grove       Montgomery.............  OP 46-0079          Military              NOX., VOC.
 Naval Air Station Joint                                                    installation.
 Reserve Base.
----------------------------------------------------------------------------------------------------------------

    EPA is approving this rule without prior proposal because the 
Agency views this as a noncontroversial submittal 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 
comments be filed. This rule will be effective January 5, 1999 without 
further notice unless the Agency receives adverse comments by December 
7, 1998.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
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. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on January 5, 1999 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.

II. Final Action

    EPA is approving 1 plan approval and 15 operating permits as 
NOX and/or VOC RACT for 16 individual sources.

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under E.O. 12866,

[[Page 59886]]

entitled ``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that the EPA determines (1) is 
``economically significant,'' as defined under Executive Order 12866, 
and (2) the environmental health or safety risk addressed by the rule 
has a disproportionate effect on children. If the 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 final rule is not subject to Executive Order 13045 because it 
is not an economically significant regulatory action as defined by 
Executive Order 12866, and it does not address an environmental health 
or safety risk that would have a disproportionate effect on children.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. This action does not involve or impose any requirements 
that affect Indian Tribes. Accordingly, the requirements of section 
3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, 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).

F. 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 
annual 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 annual 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.

G. Submission to Congress and the Comptroller General

    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.

H. 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 January 5, 1999. Filing a 
petition for reconsideration by the Administrator of this final rule 
does

[[Page 59887]]

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: October 27, 1998.
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 et seq.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(136) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (136) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on April 20, May 
29, and July 24, 1998, by the Pennsylvania Department of Environmental 
Protection.
    (i) Incorporation by reference.
    (A) Three letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations in the form of plan approvals or 
operating permits on the following dates: April 20, May 29, and July 
24, 1998.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) Eldorado Properties Corporation, Northumberland County, OP 49-
0016, effective May 1, 1998; except for the operating permit expiration 
date and item (or portions thereof) Nos. 7, 8, 9, and 10 relating to 
non-RACT provisions.
    (2) Endura Products, Inc., Bucks County, OP 09-0028, effective May 
13, 1998; except for the operating permit expiration date and item (or 
portions thereof) Nos. 11A and 15 through 21 relating to non-RACT 
provisions.
    (3) Ford Electronics & Refrigeration Company, Montgomery County, OP 
46-0036 , effective April 30, 1998; except for the operating permit 
expiration date and item (or portions thereof) Nos. 11 through 18, 20, 
and 22 through 26 relating to non-RACT provisions.
    (4) H & N Packaging, Inc., Bucks County, OP 09-0038, effective June 
8, 1998; except for the operating permit expiration date and item (or 
portions thereof) Nos. 4, 7, 8, and 11 through 20 relating to non-RACT 
provisions.
    (5) Lancaster County Solid Waste Management Authority, Lancaster 
County, PA 36-2013, effective June 3, 1998; except for the plan 
approval expiration date and item (or portions thereof) Nos. 3 through 
9, 11 through 24, 27 through 37, and 39 relating to non-RACT 
provisions.
    (6) Monsey Products Company, Chester County, OP 15-0031, effective 
June 4, 1998; except for the operating permit expiration date and item 
(or portions thereof) Nos. 9 through 24 relating to non-RACT 
provisions.
    (7) Ortho-McNeil Pharmaceutical, Montgomery County, OP 46-0027, 
effective June 4, 1998; except for the operating permit expiration date 
and item (or portions thereof) Nos. 4, 9, and 13 through 20 relating to 
non-RACT provisions.
    (8) Piccari Press, Inc, Bucks County, OP 09-0040, effective April 
29, 1998; except for the operating permit expiration date and item (or 
portions thereof) Nos. 14, 15, 17, and 19 through 22 relating to non-
RACT provisions.
    (9) Pierce and Stevens Corporation, Chester County, OP 15-0011, 
effective March 27, 1998; except for the operating permit expiration 
date and item (or portions thereof) Nos. 11 through 15 relating to non-
RACT provisions.
    (10) PQ Corporation, Delaware County, OP 23-0016, effective June 
16, 1998; except for the operating permit expiration date and item (or 
portions thereof) Nos. 8, 13, and 15 through 19 relating to non-RACT 
provisions.
    (11) Reynolds Metals Company, Chester County, OP 15-0004, effective 
May 8, 1998; except for the operating permit expiration date and item 
(or portions thereof) Nos. 4, 5, 14, 15, 17 through 42, and 44 through 
48 relating to non-RACT provisions.
    (12) Rhone-Poulenc Rorer Pharmaceutical, Inc, Montgomery County, OP 
46-0048B, effective April 2, 1998; except for the operating permit 
expiration date and item (or portions thereof) Nos. 11 through 42 
relating to non-RACT provisions.
    (13) Superior Tube Company, Montgomery County, OP 46-0020, 
effective April 17, 1998; except for the operating permit expiration 
date and item (or portions thereof) Nos. 17 through 25 relating to non-
RACT provisions.
    (14) Uniform Tubes Inc., Montgomery County, OP 46-0046A, effective 
March 26, 1998; except for the operating permit expiration date and 
item (or portions thereof) Nos. 16, 17, and 19 through 24 relating to 
non-RACT provisions.
    (15) U.S. Air Force--Willow Grove Air Reserve Station, Montgomery 
County, OP 46-0072, effective May 1, 1998; except for the operating 
permit expiration date and item (or portions thereof) Nos. 11 through 
15 relating to non-RACT provisions.
    (16) U.S. Navy--Willow Grove Naval Air Station Joint Reserve Base, 
Montgomery County, OP 46-0079, effective May 4, 1998; except for the 
operating permit expiration date and item (or portions thereof) Nos. 
11, 12, 15 through 26, and 28 through 33 relating to non-RACT 
provisions.
    (ii) Additional Material.
    (A) Remainder of the Commonwealth of Pennsylvania's April 20, May 
29, and July 24, 1998 submittals VOC and NOX RACT SIP 
submittals.

[FR Doc. 98-29656 Filed 11-5-98; 8:45 am]
BILLING CODE 6560-50-P