[Federal Register Volume 66, Number 154 (Thursday, August 9, 2001)]
[Rules and Regulations]
[Pages 41793-41795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20045]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4123a; FRL-7027-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Two 
Individual Sources in the Pittsburgh-Beaver Valley Area

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 were submitted by the Pennsylvania Department of 
Environmental Protection (PADEP) to establish and require reasonably 
available control technology (RACT) for two major sources of volatile 
organic compounds (VOC) and nitrogen oxides ( NOX). These 
sources are located in the Pittsburgh-Beaver Valley ozone nonattainment 
area (the Pittsburgh area). EPA is approving these revisions to 
establish RACT requirements in the SIP in accordance with the Clean Air 
Act (CAA).

DATES: This rule is effective on September 24, 2001 without further 
notice, unless EPA receives adverse written comment by September 10, 
2001. 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 David L. Arnold, Chief, 
Air Quality Planning & Information Services Branch, Air Protection 
Division, Mailcode 3AP21, 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; Allegheny County Health Department, Bureau of 
Environmental Quality, Division of Air Quality, 301 39th Street, 
Pittsburgh, Pennsylvania 15201 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: Janice Lewis at (215) 814-2185 or 
Betty Harris at (215) 814-2168, the EPA Region III address above or by 
e-mail at [email protected] or [email protected] Please note that 
while questions may be posed via telephone and e-mail, formal comments 
must be submitted, in writing, as indicated in the ADDRESSES section of 
this document.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act 
(CAA), the Commonwealth of Pennsylvania (the Commonwealth or 
Pennsylvania) is required to establish and implement RACT for all major 
VOC and NOX sources. 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). Under section 184 of the CAA, RACT 
as specified in sections 182(b)(2) and 182(f)) applies throughout the 
OTR. The entire Commonwealth is located within the OTR. Therefore, RACT 
is applicable statewide in Pennsylvania.
    State implementation plan revisions imposing reasonably available 
control technology (RACT) for three classes of VOC sources are required 
under section 182(b)(2). The categories are:
    (1) All sources covered by a Control Technique Guideline (CTG) 
document issued between November 15, 1990 and the date of attainment; 
(2) all sources covered by a CTG issued prior to November 15, 1990; and 
(3) all major non-CTG sources. The regulations imposing RACT for these 
non-CTG major sources were to be submitted to EPA as SIP revisions by 
November 15, 1992 and compliance required by May of 1995.
    The Pennsylvania SIP already includes approved RACT regulations for 
all sources and source categories covered by the CTGs. On February 4, 
1994, PADEP submitted a revision to its SIP to require major sources of 
NOX and additional major sources of VOC emissions (not 
covered by a CTG) to implement RACT. The February 4, 1994 submittal was 
amended on May 3, 1994 to correct and clarify certain presumptive 
NOX RACT requirements. In the Pittsburgh area, a major 
source of VOC is defined as one having the potential to emit 50 tons 
per year (tpy) or more, and a major source of NOX is defined 
as one having the potential to emit 100 tpy or more. Pennsylvania's 
RACT regulations require sources, in the Pittsburgh area, that have the 
potential to emit 50 tpy or more of VOC and sources which have the 
potential to emit 100 tpy or more of NOX comply with RACT by 
May 31, 1995. The regulations contain technology-based or operational 
``presumptive RACT emission limitations'' for certain major 
NOX sources. For other major NOX sources, and all 
major non-CTG VOC sources (not otherwise already subject to RACT under 
the Pennsylvania SIP), the regulations contain a ``generic'' RACT 
provision. A generic RACT regulation is one that does not, itself, 
specifically define RACT for a source or source categories but instead 
allows for case-by-case RACT determinations. The generic provisions of 
Pennsylvania's regulations allow for PADEP to make case-by case RACT 
determinations that are then to be submitted to EPA as revisions to the 
Pennsylvania SIP.
    On March 23, 1998 EPA granted conditional limited approval to the 
Commonwealth's generic VOC and NOX RACT regulations (63 FR 
13789). In that action, EPA stated that the conditions of its approval 
would be satisfied once the Commonwealth either (1) certifies that it 
has submitted case-by-case RACT proposals for all sources subject to 
the RACT requirements currently known to PADEP; or (2) demonstrate that 
the emissions from any remaining subject sources represent a de minimis 
level of emissions as defined in the March 23, 1998 rulemaking. On 
April 22, 1999, PADEP made the required submittal to EPA certifying 
that it had met the terms and conditions imposed by EPA in its March 
23, 1998 conditional limited approval of its VOC and NOX 
RACT regulations by submitting 485 case-by-case VOC/NOX RACT 
determinations as SIP revisions and making the demonstration described 
as condition 2, above. EPA determined that Pennsylvania's April 22, 
1999 submittal satisfied the conditions imposed in its conditional 
limited approval published on March 23, 1998. On May 3, 2001 (66 FR 
22123), EPA published a rulemaking action removing the conditional 
status of its approval of the Commonwealth's generic VOC and 
NOX RACT regulations on a statewide basis. The regulation 
currently retains its limited approval

[[Page 41794]]

status. Once EPA has approved the case-by-case RACT determinations 
submitted by PADEP to satisfy the conditional approval for subject 
sources located in Allegheny, Armstrong, Beaver, Butler, Fayette, 
Washington, and Westmoreland Counties; the limited approval of 
Pennsylvania's generic VOC and NOX RACT regulations shall 
convert to a full approval for the Pittsburgh area.
    It must be noted that the Commonwealth has adopted and is 
implementing additional ``post RACT requirements'' to reduce seasonal 
NOX emissions in the form of a NOX cap and trade 
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule 
developed by the States in the OTR. That rule's compliance date is May 
1999. That regulation was approved as SIP revision on June 6, 2000 (65 
FR 35842). Pennsylvania has also adopted regulations to satisfy Phase I 
of the NOX SIP call and submitted those regulations to EPA 
for SIP approval. Pennsylvania's SIP revision to address the 
requirements of the NOX SIP Call Phase I consists of the 
adoption of Chapter 145--Interstate Pollution Transport Reduction and 
amendments to Chapter 123--Standards for Contaminants. On May 29, 2001 
(66 FR 29064), EPA proposed approval of the Commonwealth's 
NOX SIP call rule SIP submittal. EPA expects to publish the 
final rulemaking in the Federal Register in the near future. Federal 
approval of a case-by-case RACT determination for a major source of 
NOX in no way relieves that source from any applicable 
requirements found in 25 PA Code Chapters 121, 123 and 145.
    On July 1, 1997 and April 9, 1999, PADEP submitted revisions to the 
Pennsylvania SIP which establish and impose RACT for several major 
sources of VOC and/or NOX. This rulemaking pertains to the 
Kosmos Cement Company and the Armstrong Cement & Supply Company. The 
remaining sources are or have been the subject of separate rulemakings. 
The Commonwealth's SIP submittals consist of enforcement order (EO) 208 
issued by the Allegheny County Health Department (ACHD) to the Kosmos 
Cement Company and operating permit (OP) 10-028 issued by PADEP to the 
Armstrong Cement & Supply Company which impose VOC and/or 
NOX RACT requirements for each source. These two sources are 
located in the Pittsburgh area.

II. Summary of the SIP Revisions

(1) Kosmos Cement Company

    The Kosmos Cement Company (Kosmos) is a cement manufacturing 
facility located in Pittsburgh, Pennsylvania. Kosmos is a major source 
of both NOX and VOCs. On December 19, 1996, ACHD issued EO 
208 to impose RACT on Kosmos. The PADEP submitted EO 208, on behalf of 
the ACHD, to EPA as a SIP revision. Kosmos produces cement in one long 
wet process rotary kiln. There are no other NOX or VOC 
emitting units at this facility.
    Enforcement order 208 requires that the NOX emissions 
from the cement kiln not exceed 8.0 lbs of NOX per ton of 
clinker and 2105 tpy. Enforcement order 208 also requires that the VOC 
emissions from the cement kiln not exceed 0.4 lbs of VOC per ton of 
clinker and 97 tpy. Under EO 208, Kosmos must operate the cement kiln 
with minimal excess oxygen at all times. Under EO 208, Kosmos must 
operate and maintain all process and emission control equipment 
according to good engineering and air pollution control practices.
    Under EO 208, Kosmos is required to conduct emissions testing at 
least once every two years in accordance with any applicable EPA 
approved test methods and section 2108.02 of Article XXI of the 
County's air pollution control regulations. Under EO 208, Kosmos must 
maintain all records and testing data to demonstrate compliance with 
the EO 208 and Article XXI, section 2105.06. Record keeping 
requirements shall include the following: measurements of kiln 
temperatures and oxygen contents; fuel type and amount of fuel used; 
and amounts of raw material used and the amount of clinker produced. 
All records shall be maintained for at least two years.
    The Kosmos Cement Company is also subject to additional post-RACT 
requirements to reduce NOX found at 25 PA Code Chapters 121, 
123 and 145.

(2) Armstrong Cement & Supply Company

    Armstrong Cement & Supply Company (Armstrong) is a cement 
manufacturer located in Cabot, Pennsylvania. Armstrong is a major 
source of NOX. Armstrong has two wet kilns for the 
production of Portland cement. On March 31, 1999, PADEP issued OP 10-
028 to impose RACT for these cement kilns as process modifications to 
increase thermal efficiency in each kiln.
    Under OP 10-028 , the NOX emissions from the kilns shall 
not exceed 6.62 lbs per ton of clinker (6.62 lbs/ton). Compliance is to 
be demonstrated thorough annual stack testing in accordance with 25 Pa 
Code Chapter 139 as provided in condition 8 of OP 10-028. Armstrong 
must maintain daily clinker production records, on site, in accordance 
with Pa Code section 129.95. Armstrong must properly operate and 
maintain all process and emission control equipment according to good 
engineering and air pollution control practices in accordance with 
applicable PADEP regulations.
    Armstrong Cement Company is also subject to additional post-RACT 
requirements to reduce NOX found at 25 PA Code Chapters 121, 
123 and 145.
    EPA is approving these RACT SIP submittals because ACHD and PADEP 
established and imposed these RACT requirements in accordance with the 
criteria set forth in the SIP-approved RACT regulations applicable to 
these sources. The ACHD and PADEP has also imposed record-keeping, 
monitoring, and testing requirements on these sources sufficient to 
determine compliance with the applicable RACT determinations.

III. Final Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP to establish and require VOC and/or NOX RACT for the 
Kosmos Cement Company and the Armstrong Cement & Supply Company. EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates 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 rule will be effective on Septebmer 24, 2001 without further 
notice unless EPA receives adverse comment by September 10, 2001. 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. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

IV. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and

[[Page 41795]]

therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.'' See 66 FR 28355, May 22, 2001. 
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 (Pub. L. 104-4). This rule also 
does not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it 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 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 two 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 September 24, 2001. 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 the Commonwealth's source-specific RACT 
requirements to control VOC and/or NOX from the Kosmos 
Cement Company and the Armstrong Cement & Supply Company located in the 
Pittsburgh-Beaver Valley nonattainment area of Pennsylvania 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 Oxides, Ozone, Reporting and 
record-keeping requirements.

    Dated: July 31, 2001.
Thomas C. Voltaggio,
Deputy 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)(160) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (160) Revisions pertaining to NOX and/or VOC RACT for 
major sources, located in the Pittsburgh-Beaver Valley ozone 
nonattainment area, submitted by the Pennsylvania Department of 
Environmental Protection on July 1, 1997, and April 9, 1999.
    (i) Incorporation by reference.
    (A) Letters dated July 1, 1997 and April 9, 1999, submitted by the 
Pennsylvania Department of Environmental Protection transmitting 
source-specific VOC and/or NOX RACT determinations.
    (B) The following sources' Enforcement Order (EO) or Operating 
Permit (OP):
    (1) Kosmos Cement Company, EO 208, effective December 19, 1996, 
except for condition 2.5.
    (2) Armstrong Cement & Supply Company, OP 10-028, effective March 
31, 1999.
    (ii) Additional Materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in (i)(B), above.

[FR Doc. 01-20045 Filed 8-8-01; 8:45 am]
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