[Federal Register Volume 66, Number 155 (Friday, August 10, 2001)]
[Rules and Regulations]
[Pages 42128-42133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20237]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA101/178-4124a ; FRL-7030-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Five 
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 five 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

[[Page 42129]]

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; the Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105; and the Allegheny County Health 
Department, Bureau of Environmental Quality, Division of Air Quality, 
301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Catherine Magliocchetti at (215) 814-
2174, or Ellen Wentworth at (215) 814-2034 at 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 of 
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 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 January 6, 1995, September 13, 1996, and July 1, 1997, 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 five of those sources. The remaining sources are 
or have been the subject of separate rulemakings. The Commonwealth's 
submittals consist of Plan Approvals

[[Page 42130]]

(PAs) issued by PADEP and Plan Approvals and Agreement Upon Consent 
Orders (COs) issued by the Allegheny County Health Department (ACHD). 
These PAs and COs impose VOC and/or NOX RACT requirements 
for each source. These sources are all located in the Pittsburgh area.

II. Summary of the SIP Revisions

    The table below identifies the sources, and their respective PAs 
and COs, which are the subject of this rulemaking. A summary of the VOC 
and NOX RACT determinations for each source follows the 
table.

                      Pennsylvania--VOC and NOX Ract Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                                                                      ``Major
            Source                     County                PA# or CO#           Source type        source''
                                                                                                     pollutant
----------------------------------------------------------------------------------------------------------------
Duquesne Light Company--Brunot  Allegheny...........  CO 214                   Combustion         NOX
 Island Power Station.                                                          Turbine Units.
Duquesne Light Company--        Allegheny...........  CO 217                   Steam Boiler.....  NOX
 Cheswick Power Station.
Duquesne Light Company--Elrama  Washington..........  PA 63-000-014            Boilers; Low NOX   NOX
 Plant.                                                                         Burners.
Duquesne Light Company--        Allegheny...........  CO 212                   Coal-fired Steam   NOX
 Phillips Power Station.                                                        Generators.
The Pennsylvania Electric       Armstrong...........  PA 03-000-027            Steam Electric     NOX/VOC
 Company--Keystone Generating                                                   Generators; Low
 Station.                                                                       NOX Burners.
----------------------------------------------------------------------------------------------------------------

(1) Duquesne Light Company--Brunot Island Power Station

    (1) Duquesne Light Company's Brunot Island Power Station is located 
in Pittsburgh, Pennsylvania. The Duquesne Light Company's Brunot Island 
Power Station is a major NOX emitting facility. In this 
instance, RACT has been established and imposed by the ACHD in CO 214. 
The PADEP submitted this CO to EPA on behalf of the ACHD as a SIP 
revision. The ACHD issued CO 214 to impose RACT for six combustion 
turbine units at this source, designated 1A, 1B, 1C, 2A, 2B, and 3, as 
follows. All six of the units can use natural gas or no. 2 fuel oil as 
fuel. There are no other NOX emission sources at this 
facility.
    The Brunot Island Power Station is precluded from operating Unit 
2A, 2B or 3 in combined combustion cycle (CCC) mode, without a properly 
installed and operating water/stream injection NOX control 
system in place at each of the units. The source is precluded from 
operating these same units in CCC without a properly installed and 
operating NOX continuous emission monitoring system (CEMS) 
or an approved alternate, meeting all requirements of section 2108.03 
of Article XXI of Allegheny County's air pollution control regulations.
    Units 2A, 2B and 3, when operating in CCC mode, must each meet 
NOX emission limitations of 0.25 lbs/MMBtu and 1,039 tpy. 
The source is required to determine compliance by using CEM data 
averaged over a 24-hour period for the first limit, and annual CEM data 
for the second limit. Units 1A, 1B, and 1C, when operating in Simple 
Combustion Cycle (SCC), must each meet NOX emission 
limitations of 0.698 lbs/MMBtu and 330 tpy. Units 2A, 2B and 3, when 
operating in SCC, must each meet NOX emission limitations of 
0.698 lbs/MMBtu and 662 tpy. In addition, Units 1A, 1B and 1C are each 
limited to a maximum annual average capacity factor of 36 percent, and 
Units 2A, 2B, and 3 are each limited to a maximum annual average 
capacity factor of 23 percent.
    The Duquesne Light Company is required to conduct NOX 
emission tests, record fuel usage, and fuel analyses at its Brunot 
Island Power Station in order to determine compliance on these units, 
in accordance with EPA approved test methods and section 2108.2 of 
Article XXI. The source is required to maintain all appropriate records 
to demonstrate compliance with the requirements of both section 2105.06 
of Article XXI and CO 214. The source is required to retain all records 
required by both section 2105.06 of Article XXI and CO 214 for this 
facility, for at least two years. The source is required to at all 
times properly operate and maintain all process and emission control 
equipment at the facility according to good engineering practices.
    The Duquesne Light Company's Brunot Island Power Station is also 
subject to the additional post-RACT requirements to reduce 
NOX, found at 25 PA Code Chapters 121, 123 and 145.

(2) Duquesne Light Company--Cheswick Power Station

    The Duquesne Light Company's Cheswick Power Station is located in 
Springdale Borough, Pennsylvania. The Cheswick Power Station is a major 
NOX emitting facility. In this instance, RACT has been 
established and imposed by the ACHD in CO 217. The PADEP submitted this 
CO to EPA on behalf of the ACHD as a SIP revision. The ACHD issued CO 
217 to impose RACT for the one unit, a 5,280 MMBtu/hr boiler, known as 
Boiler No. 1.
    The Cheswick Power Station, is precluded from operating the 
facility unless the low NOX concentric firing system II, 
commonly known as ``LNCFS II,'' is properly maintained and operated. 
The source is also precluded from operating the facility unless a 
NOX CEMS is properly maintained and operated as specified in 
section 2108.03 of Article XXI. Boiler No. 1 must meet the following 
NOX emission limitations: 0.5548 lbs/MMBtu, an annual 
average of 0.45lbs/MMBtu, and total annual emissions may not exceed 
10,840 tpy. Compliance with these limits shall be determined by using 
CEM data, using a 24-hour averaging period for the first limit, a one 
year averaging period for the second limit and annual CEM data for the 
third limit.
    The Dusquesne Light Company is required to maintain all appropriate 
records to demonstrate compliance at its Cheswick Power Station with 
the requirements of both section 2105.06 of Article XXI, and CO 217. 
The source is required to retain all records required by both section 
2105.06 of Article XXI and CO 217 for this facility for at least two 
years. The source is required to, at all times, properly operate and 
maintain all process and emission control equipment at the facility 
according to good engineering practices.
    Duquesne Light Company, Cheswick Power Station, is also subject to 
additional post-RACT requirements to reduce NOX , found at 
25 PA Code Chapters 121, 123 and 145.

[[Page 42131]]

(3) Duquesne Light Company--Elrama Plant

    The Duquesne Light Company's Elrama Plant is located in Union 
Township, Pennsylvania. The Elrama Plant is a major NOX 
emitting facility. The PADEP issued PA 63-000-014 to impose RACT for 
this plant's NOX emitting units. The plan approval for this 
facility requires the installation of low NOX burning 
systems and associated modifications on Units 1 through 4 of the Elrama 
plant. The auxiliary boiler at the plant shall be limited to an annual 
capacity factor of no more than 66 percent, and Duquesne Light shall 
operate it in accordance with manufacturer specifications and keep data 
that clearly demonstrates compliance with this capacity factor.
    The NOX emission limit of 0.5 lbs/MMBtu, based on a 30-
day rolling average, applies to the main stack at this facility. The 
yearly NOX emission limit for Units 1, 2, 3, and 4 is 11,353 
tpy. Stack testing is required in accordance with 25 PA. Code Chapter 
139 and the PADEP's Source Testing Manual.
    The Duquesne Light Company's Elrama Plant is also subject to 
additional post-RACT requirements to reduce NOX found at 25 
PA Code Chapters 121, 123 and 145.

(4) Duquesne Light Company--Phillips Power Station

    Duquesne Light Company's Phillips Power Station is located in 
Crescent Township, Pennsylvania. The Phillips Power Station, is a major 
NOX emitting facility. In this instance, RACT has been 
established and imposed by the ACHD in CO 212. The PADEP submitted CO 
212 to EPA on behalf of the ACHD as a SIP revision. The ACHD issued CO 
212 to impose RACT for Units 3, 4, and 5 (which are twin furnace steam 
generators) and Unit 6 (which is a re-heat unit).
    The Phillips Power Station is precluded from operating Units 3, 4, 
5, and 6 without proper installation and operation of low 
NOX burner systems in place on each unit. The source is not 
allowed to operate these units without a properly installed and 
operating NOX CEMs, meeting all the requirements of section 
2108.03 of Article XXI. The NOX emission limit for each of 
the units is 0.72 lbs/MMBtu. Units 3, 4, and 5 have an annual 
NOX limitation of 2,718.3 tpy. Unit 6 has an annual 
NOX limitation of 4,702.0 tpy. The Duquesne Light Company is 
required to determine compliance at its Phillips Power Station with the 
above-reference limits by using CEM data averaged over a 24 hour period 
and a one year period, respectively. The source is required to maintain 
all appropriate records to demonstrate compliance with the requirements 
of both section 2105.06 of Article XXI and CO 212. The source is 
required to retain all records required by both section 2105.06 of 
Article XXI and CO 212 for this facility, for at least two years. The 
source is required to at all times properly operate and maintain all 
process and emission control equipment at the facility according to 
good engineering practices.
    Duquesne Light Company's Phillips Power Station is also subject to 
additional post-RACT requirements to reduce NOX found at 25 
PA Code Chapters 121, 123 and 145.

(5) The Pennsylvania Electric Power Company--Keystone Generating 
Station

    The Pennsylvania Electric Power Company's ( PENELEC's) Keystone 
Generating Station is located in Plumcreek Township, Pennsylvania. The 
Keystone Generating Station is a major source of both NOX 
and VOCs. The PADEP issued PA 03-000-027 to PENELEC to impose RACT for 
the NOX and VOC emitting units at its Keystone Generating 
Station.
    The PADEP's PA 03-000-027 for this facility requires the 
installation of the low NOX concentric firing system level 
II, commonly known as ``LNCFS, III'' on main Units 1 and 2.
    The PADEP's PA 03-000-027 also requires that the plant's auxiliary 
boilers, Units A and B, be operated at a capacity factor of no more 
than 10 percent, and maintained in accordance with the manufacturer's 
specifications. PENELEC is required to maintain an operating log for 
the auxiliary boilers to verify that the annual capacity limit, noted 
above, is not exceeded. The source shall not operate diesel generators 
3 through 6 in excess of a 5 percent annual capacity factor. These 
units are to be installed, maintained, and operated in accordance with 
the manufacturer's specifications. In addition, the source is required 
to maintain an operating log for diesel generators, emergency 
generator, fire pump and all other sources subject to any operating 
restriction to verify compliance with the applicable SIP-approved 
presumptive RACT limitations.
    The NOX emission limit for each main unit is 0.45 lbs/
MMBtu, based on a 30-day rolling average. The yearly NOX 
emission limit, facility-wide, is 31,673 tpy. Each main unit must meet 
an annual VOC limit of 71 tpy, and the entire facility's VOC emissions 
are limited to 144 tpy. All stack testing is required to be performed 
in accordance with 25 PA Code Chapter 139 and the PADEP's Source 
Testing Manual.
    The PENELEC's Keystone Generating Station 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 the 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. For the subject installations and 
processes at these sources, ACHD and PADEP determined RACT to be the 
technologically and economically feasible controls available to 
minimize NOX and VOCs emissions, or to be SIP-approved 
presumptive RACT requirements. The ACHD and PADEP have 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 NOX RACT for five 
major of sources located in the Pittsburgh area. 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 September 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 adverse comment is received for a specific source 
or subset of sources covered by an amendment, section or paragraph of 
this rule, only that amendment, section, or paragraph for that source 
or subset of sources will be withdrawn.

IV. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is

[[Page 42132]]

not a ``significant regulatory action'' and 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 (Public Law 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 five 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 October 9, 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 NOX from five 
power plants in the Pittsburgh area 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 
recordkeeping requirements.

    Dated: August 3, 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)(161) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (161) 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 January 6, 1995, September 13, 1996, and 
July 1, 1997.
    (i) Incorporation by reference.
    (A) Letters from the Pennsylvania Department of Environmental 
Protection dated January 6, 1995, September 13, 1996, and July 1, 1997, 
transmitting source-specific VOC and/or NOX RACT 
determinations.
    (B) The following companies' Plan Approvals (PA), or Consent Orders 
(CO):
    (1) Duquesne Light Company's Brunot Island Power Station, CO 214, 
effective May 20, 1996, except for conditions 1.7, 2.4, and 2.5.
    (2) Duquesne Light Company's Cheswick Power Station, CO 217, 
effective March 8, 1996, except for condition 2.5.
    (3) Duquesne Light Company's Elrama Plant, PA 63-000-014, effective 
December 29, 1994.
    (4) Duquesne Light Company's Phillips Power Station, CO 212, 
effective March 8, 1996, except for conditions 1.4, 2.4 and 2.5.
    (5) Pennsylvania Electric Company's Keystone Generating Plant, PA 
03-000-027, effective December 29, 1994.
    (ii) Additional Materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT

[[Page 42133]]

determinations for the sources listed in (i) (B), above.

[FR Doc. 01-20237 Filed 8-9-01; 8:45 am]
BILLING CODE 6560-50-P