[Federal Register Volume 65, Number 75 (Tuesday, April 18, 2000)]
[Rules and Regulations]
[Pages 20746-20749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9382]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4091a; FRL-6568-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Approval of VOC and NO RACT Determinations for 
Individual Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Commonwealth of Pennsylvania's State Implementation Plan (SIP). The 
revisions impose reasonably available control technology (RACT) on 
twenty-six major sources of volatile organic compounds (VOC) and 
nitrogen oxides (NO) located in Pennsylvania. EPA is 
approving these revisions to establish RACT requirements in the SIP in 
accordance with the Clean Air Act.

DATES: This rule is effective on June 19, 2000 without further notice, 
unless EPA receives adverse written comment by May 18, 2000. If EPA 
receives 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: Written comments should be mailed to Kathleen Henry, Chief, 
Permits and Technical Assessment Branch, 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; and the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Kelly L. Bunker at (215) 814-2177 for 
information on sources #1-18 (or via e-mail at [email protected]) or 
Melik Spain at (215) 814-2299 for information on sources #19-26 (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:

I. Background

    On August 1, 1995, January 6, 1995, June 14, 1995, December 8, 
1995, May 31, 1995, May 2, 1996, March 21, 1996, September 13, 1996, 
November 4, 1997, March 24, 1998, December 7, 1998, February 2, 1999, 
March 3, 1999, April 9, 1999, April 20, 1999 and July 28, 1999, the 
Commonwealth of Pennsylvania submitted formal revisions to its State 
Implementation Plan (SIP). On March 24, 1998, May 29, 1998, October 2, 
1998, October 16, 1998, December 7, 1998, February 2, 1999, April 9, 
1999 and June 22, 1999, the Commonwealth submitted supplemental 
information pertaining to the Cogentrix, Scrubgrass Generating Company, 
Indiana University of Pennsylvania, INDSPEC, Wheelabrator-Frackville, 
Piney Creek, Harrisburg Steam Works and the four PP&L revisions, 
respectively. On July 24, 1998, PADEP submitted materials which 
replaced the May 2, 1996 submittal for Transit America Inc. 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 
NO sources by no later than May 31, 1995. The definition of a 
major source is determined by its size, 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 (the 
Philadelphia area) consists of Bucks, Chester, Delaware, Montgomery, 
and Philadelphia Counties and is classified as severe. The remaining 
counties in Pennsylvania are designated as nonattainment are classified 
as either moderate or marginal. However, under section 184 of the CAA, 
at a minimum, moderate area requirements for stationary sources, 
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 twenty-six 
specific sources.

Summary of SIP Revision

    The details of the RACT requirements for the source-specific plan 
approvals, operating permits and compliance permit can be found in the 
docket and accompanying technical support documents (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 
twenty-six major sources. Several of the plan approvals and operating 
permits contain conditions which are not relevant to the determination 
of VOC or NO RACT. These provisions are not included in 
Pennsylvania's SIP revision requests these sources.

RACT Determinations

    The following table identifies the individual compliance permit, 
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 documents, which are 
available upon further request from the EPA Region III office listed in 
the ADDRESSES section of this document.

[[Page 20747]]



----------------------------------------------------------------------------------------------------------------
                      Pennsylvania--VOC and NOX Ract Determinations for Individual Sources
-----------------------------------------------------------------------------------------------------------------
                                                      Plan approval
                                                     (PA#) Operating
                                                       Permit (OP#)                          ``Major source''
             Source                    County       Compliance Permit     Source type            pollutant
                                                      (CP#) (date of
                                                        issuance)
----------------------------------------------------------------------------------------------------------------
1. Allegheny Ludlum Steel        Westmoreland.....  OP 65-000-137 (5/  Specialty steel    NOX
 Corporation.                                        17/99).            manufacturing.
2. Cogentrix-Ringgold            Jefferson........  OP 33-137 (1/27/   Utility..........  NOX
 Cogeneration Facility.                              98), PA.
                                                    33-302-014 (11/15/
                                                     90), PA.
                                                    33-399-004 (10/31/
                                                     88).
3. Doverspike Brothers Coal Co.  Jefferson........  OP 33-007 (1/13/   Utility..........  NOX & VOC
                                                     99).
4. Edison Mission Energy Homer   Indiana..........  OP 32-000-132 (5/  Utility..........  NOX
 City Coal Processing Plant.                         17/99).
5. Harrisburg Steam Works, Ltd.  Dauphin..........  OP 22-2005 (3/23/  Cogeneration       NOX
                                                     99).               facility.
6. Indiana University of         Indiana..........  OP 32-000-200 (9/  Cogeneration       NOX & VOC
 Pennsylvania.                                       24/98).            facility.
7. INDSPEC Chemical Corporation  Butler...........  PA 10-021 (10/19/  Chemical           NOX & VOC
                                                     98).               manufacturing
                                                                        facility.
8. Pennsylvania Power & Light    Lehigh...........  OP 39-0009 (6/1/   Utility..........  NOX
 Co. (PP&L)--Allentown Facility.                     99).
9. PP&L--Fishbach Facility.....  Schuylkill.......  OP 54-0011 (6/1/   Utility..........  NOX
                                                     99).
10. PP&L--Harwood Facility.....  Luzerne..........  OP 40-0016 (6/1/   Utility..........  NOX
                                                     99).
11. PP&L--Jenkins Facility.....  Luzerne..........  OP 40-0017 (6/1/   Utility..........  NOX
                                                     99).
12. Piney Creek Ltd.             Clarion..........  OP 16-127 (12/18/  Utility..........  NOX
 Partnership.                                        98).
13. Scrubgrass Generation Co...  Venango..........  OP 61-181 (4/30/   Utility..........  NOX
                                                     98).
14. Statoil Energy power         Dauphin..........  OP 22-2015 (6/30/  Cogeneration       NOX
 Paxton, LP.                                         99).               facility.
15. Stoney Creek Technologies,   Delaware.........  CP 23-0002 (2/24/  Chemical           NOX & VOC
 L.L.C.                                              99).               manufacturing
                                                                        facility.
16. Superpac, Inc..............  Bucks............  OP 09-0003 (3/25/  Graphic arts.....  VOC
                                                     99).
17. Transit America Inc........  Philadelphia.....  PA 1563 (6/11/98)  Industrial         NOX
                                                                        boilers.
18. Wheelabrator Frackville      Schuylkill.......  OP 54-0005 (9/18/  Utility..........  NOX
 Energy Company.                                     98).
19. American Bank Note Co......  Montgomery.......  OP 46-0075 (8/10/  Graphic arts.....  VOC
                                                     98).
20. Atlas Roofing Corporation..  Bucks............  OP 09-0039 (3/10/  Synthetic          VOC
                                                     99).               materials.
21. Beckett....................  Chester..........  OP 15-0040 (7/8/   Graphic arts.....  VOC
                                                     97).
22. Cove Shoe Company..........  Blair............  OP 07-02028 (4/7/  Surface coating..  VOC
                                                     99).
23. Fleetwood Motor Homes......  Northumberland...  OP 49-0011 (10/30/ Surface coating..  VOC
                                                     98).
24. Hedstrom Corporation.......  Bedford..........  OP 05-02002A (4/8/ Surface coating..  VOC
                                                     99).
25. International Business       Montgomery.......  OP 46-0049 (10/29/ Graphic arts.....  VOC
 Systems.                                            98).
26. Klearfold..................  Bucks............  OP 09-0012 (4/15/  Graphic arts.....  VOC
                                                     99).
27. National Label Company.....  Montgomery.......  OP 46-0040 (7/28/  Graphic arts.....  VOC
                                                     97).
----------------------------------------------------------------------------------------------------------------

    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no adverse comment. 
However, in the ``Proposed Rules'' section of today's Federal Register, 
EPA is publishing a separate document that will serve as the proposal 
to approve the SIP revision if adverse comments are filed. This direct 
final rule will be effective on June 19, 2000 without further notice 
unless we receive adverse comment by May 18, 2000. If EPA receives 
adverse comment, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. EPA 
will address all public comments in a subsequent final rule based on 
the proposed rule. EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

II. Final Action

    EPA is approving SIP revisions submitted by the Commonwealth of 
Pennsylvania which consist of four plan approvals, twenty-three 
operating permits and one compliance permit imposing RACT on twenty-six 
individual major sources of NOX and/or VOC.

III. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power

[[Page 20748]]

and responsibilities established in the Clean Air Act. This rule also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

B. 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 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) 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 establishing source-
specific requirements for twenty-six named sources.

C. 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 June 19, 2000. 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 approving Pennsylvania's source-specific 
RACT requirements for twenty-six sources 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, Nitrogen dioxide, Ozone.

    Dated: March 19, 2000.
Bradley M. Campbell,
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)(140) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (140) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOx RACT, submitted on August 1, 1995, January 6, 
1995, June 14, 1995, December 8, 1995, May 31, 1995, May 2, 1996, March 
21, 1996, September 13, 1996, February 2, 1999, March 3, 1999, April 9, 
1999 and July 28, 1999 and supplements submitted on March 24, 1998, May 
29, 1998, July 24, 1998, October 2, 1998, October 16, 1998, December 7, 
1998, February 2, 1999, April 9, 1999 and June 22, 1999.
    (i) Incorporation by reference.
    (A) Twenty-one 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: August 1, 1995, January 6, 1995, June 14, 1995, 
December 8, 1995, May 31, 1995, May 2, 1996, March 21, 1996, September 
13, 1996, November 4, 1997, March 24, 1998, December 7, 1998, February 
2, 1999, March 3, 1999, April 9, 1999, April 20, 1999 and July 28, 1999 
and supplements submitted on March 24, 1998, May 29, 1998, July 24, 
1998, October 2, 1998, October 16, 1998, December 7, 1998, February 2, 
1999, April 9, 1999 and June 22, 1999.
    (B) Plan approvals (PA), Operating permits (OP), Compliance Permits 
(CP):
    (1) Allegheny Ludlum Steel Corporation, Westmoreland County, OP 65-
000-137, effective date of May 17, 1999, except for the expiration date 
and Condition 7;
    (2) Cogentrix-Ringgold Cogeneration Facility, Jefferson County, OP 
33-137, effective date of January 27, 1998, PA 33-302-014, effective 
date of November 15, 1990, OP 33-302-014, issued May 31, 1993, PA 33-
399-004, effective date of October 31, 1988, and OP 33-399-004, issued 
on May 31, 1993, except for all ton per year limits and expiration 
dates in these permits, for Conditions 4, 5, and 6 in PA 33-302-014, 
for Condition 2 in OP 33-302-014, for Conditions 1, 2, 3, 4b, 4c, 4d, 
4e, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, and 16 in PA 33-399-004, and for 
Condition 2 in OP 33-399-004.
    (3) Doverspike Brothers Coal Co., Jefferson County, OP 33-007, 
effective date of January 13, 1999;
    (4) Edison Mission Energy Homer City Generation L.P., Indiana 
County, OP 32-000-132, effective date of May 17, 1999;
    (5) Harrisburg Steam Works, Ltd, Dauphin County, OP 22-02005, 
effective date of March 23, 1999, except for Conditions 5, 8, 11, 9, 
10,18, 19, 22, 23, 24 and the expiration date;
    (6) Indiana University of Pennsylvania, Indiana County, OP 32-000-
200, effective date of September 24, 1998, except for the expiration 
date and Conditions 5, 7, 10, 12, 20, 21, and 22;
    (7) INDSPEC Chemical Corporation, Butler County, PA 10-021, 
effective date of October 19, 1998 except for Condition 4, 5, the ton/
year limits in Condition 8, 9, 18, 19 and all attachments;
    (8) Pennsylvania Power & Light Co. (PP&L)--Allentown Facility, 
Lehigh County, OP 39-0009, effective date of June 1, 1999, except for 
the expiration date;
    (9) PP&L--Fishbach Facility, Schuylkill County, OP 54-0011, issued 
June 1, 1999, except for the expiration date;
    (10) PP&L--Harwood Facility, Luzerne County, OP 40-0016, effective 
date of June 1, 1999, except for the expiration date;
    (11) PP&L--Jenkins Facility, Luzerne County, OP 40-0017, effective 
date of

[[Page 20749]]

June 1, 1999, except for the expiration date;
    (12) Piney Creek Ltd. Partnership, Clarion County, OP 16-127, 
effective date of December 18, 1998 except for the ton per year and #/
hr limits in Condition 4, Conditions 5 and 9;
    (13) Scrubgrass Generating Co. L.P., Venango County, OP 61-181, 
April 30, 1998, except for Conditions 4, 6, 7, and 9;
    (14) Statoil Energy Power Paxton, LP, Dauphin County, OP 22-02015, 
effective date of June 30, 1999 except for the expiration date and 
Conditions 6, 16, 19 and 20;
    (15) Stoney Creek Technologies, L.L.C., Delaware County, CP-23-
0002, effective date of February 24, 1999 except for Conditions 4, 6, 
10.A.2, 10.B--D and 11 and the expiration date;
    (16) Superpac, Inc., Bucks County, OP-09-0003, effective date of 
March 25, 1999; except for Conditions 4, 5, 6.a, 7, 8 (as it relates to 
Conditions 5 and 7 in subparagraph 8a and 8b), 9.a, 9.b, 10 and 11.b, 
c, e, g and h and the expiration date;
    (17) Transit America Inc., Philadelphia County, PA, PLID: 1563, 
effective date of June 11, 1997, except for the expiration date and 
Conditions 4 and 5;
    (18) Wheelabrator Frackville Energy Company, Schuylkill County, OP 
54-0005, effective date of September 18, 1998, except for the 
particulate and SO2 emission limits found in Condition 4, Condition 5, 
6, 7, 9, 10, 11, 12 and 13 and the expiration date;
    (19) American Bank Note Co., Montgomery County, OP-46-0075, 
effective date of August 10, 1998 except Conditions 4.a, 12, 13, 14, 
and 15;
    (20) Atlas Roofing Corporation, Bucks County, OP-09-0039, effective 
date of March 10, 1999, except for Conditions 6, 7, 8.b, 9-15 and the 
expiration date;
    (21) Beckett Corporation, Chester County, OP-15-0040, effective 
date of July 8, 1997, except for Conditions 9-17 and the expiration 
date;
    (22) Cove Shoe Company, Blair County, OP 07-02028, effective date 
of April 7, 1999, except for Conditions 5, 10 and the expiration date;
    (23) Fleetwood Motor Homes, Northumberland County, OP 49-0011, 
effective date of October 30,1998, except for Conditions 3, 5, 23-31 
and the expiration date;
    (24) Hedstrom Corporation, Bedford County, OP 05-02002A, effective 
date of April 8, 1999, except for Conditions 5, 6, 8, 9, 10, 12, 15.a, 
16, 17, 18 and the expiration date;
    (25) Klearfold Inc., Bucks County, OP-09-0012, effective date of 
April 15, 1999, except for Conditions 4, 6, 7-10, 12.F, 13-22 and the 
expiration date;
    (26) National Label Company, Montgomery County, OP-46-0040, 
effective date of July 28, 1997, except for the expiration date and 
Conditions 3, 4, 5, 6, 7, 11, the Ton per year limit in Condition 12, 
14-16.
    (ii) Additional Material.
    (A) Remainder of the Commonwealth of Pennsylvania's August 1, 1995, 
January 6, 1995, June 14, 1995, December 8, 1995, May 31, 1995, May 2, 
1996, March 21, 1996, November 4, 1997, March 24, 1998, December 7, 
1998, February 2, 1999, March 3, 1999, April 9, 1999 and April 20, 1999 
and March 24, 1998, May 29, 1998, July 24, 1998, October 2, 1998, 
October 16, 1998, December 7, 1998, February 2, 1999, April 9, 1999, 
June 22, 1999 and July 28, 1999 VOC and NOX RACT SIP 
submittals and supplements.
    (B) Letter from the Pennsylvania Department of Environmental 
Protection, dated 2/25/2000, clarifying which provisions of its RACT 
permits are to be incorporated into the Pennsylvania State 
Implementation Plan.
[FR Doc. 00-9382 Filed 4-17-00; 8:45 am]
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