[Federal Register Volume 66, Number 155 (Friday, August 10, 2001)]
[Rules and Regulations]
[Pages 42133-42136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20239]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4125a; FRL-7030-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC RACT Determinations for Three 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 three major sources of volatile 
organic compounds (VOC). 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: Rose Quinto at (215) 814-2182, the EPA 
Region III address above or by e-mail at [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 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

[[Page 42134]]

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, 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 three of those sources. The 
remaining sources are or have been the subject of separate rulemakings. 
The submittals consist of a plan approval and agreement upon consent 
order (Consent Order or CO) for each source issued by the Allegheny 
County Health Department (ACHD). The COs were submitted as SIP 
revisions by PADEP on behalf of ACHD. These three sources are located 
in the Pittsburgh area.

II. Summary of the SIP Revisions

    A. IDL, Incorporated--IDL, Incorporated (IDL) is a custom screen 
printing facility located in Plum Borough, Allegheny County. IDL is a 
major VOC emitting facility. In this instance, RACT has been 
established and imposed by ACHD in CO 225. On July 1, 1997, PADEP 
submitted CO 225 to EPA on behalf of the ACHD as a SIP revision. The 
IDL facility has six screen printing presses that use a variety of inks 
and coatings, including ``special purpose inks and coatings'' and six 
drying ovens that are integral to each press. The CO requires that the 
VOC content of the inks used not exceed 3.3 pounds of VOC per gallon 
less water, with the exception of special purpose inks which shall not 
exceed 6.7 pounds of VOC per gallon less water. ``Special purpose 
screen printing inks and coatings'' means inks and coatings used in 
screen printing which are used to print ink transfers, or are designed 
to resist or withstand any of the following:
    (1) More than two years of outdoor exposure;
    (2) Exposure to chemicals, solvents, acids, detergents, oil 
products or cosmetics;
    (3) Exposure to temperatures, in excess of 170 degrees fahrenheit;
    (4) Vacuum forming;
    (5) Embossing; or
    (6) Molding.
    Under CO 225, IDL must maintain records to demonstrate compliance 
with this CO and Article XXI, section 2105.06 of Allegheny County's air 
pollution regulations. Recordkeeping shall include the following: the 
quantity, composition, and density of all inks, coatings and solvents, 
including solvents used for clean-up, used in each screen press. All 
records shall be maintained for at least two years.
    B. Oakmont Pharmaceutical, Inc.--Oakmont Pharmaceutical, Inc. (OPI) 
is a pharmaceutical tablet and solution finishing facility located in 
Verona, Allegheny County, Pennsylvania. OPI is a major VOC emitting 
facility. In this instance, RACT has been established and imposed by 
ACHD in CO 252. On July 1, 1997, PADEP submitted this CO to EPA on 
behalf of the ACHD as a SIP revision. OPI produces finished 
pharmaceutical tablets and solutions from uncoated tablets and 
individual solution components. The VOC emission units consist of five 
tablet coating machines and one mixing and bottling line. The CO 
requires that all process equipment be operated and maintained in 
accordance with good engineering and air pollution control practices. 
The VOC content of the carrier solution used in tablet coating machines 
1-5 must not exceed 35 percent VOC by weight at any time. At no time 
may OPI use inks or glues with a VOC content that exceeds 8.0 pounds of 
VOC per gallon ,less water and exempt solvents. Under CO 252, OPI must 
maintain records to demonstrate compliance with this CO and Article 
XXI, section 2105.06. Recordkeeping shall include the following:
    (1) Hours of operation, carrier solution composition and usage for 
tablet coaters;
    (2) Type, quantity and composition of all inks and glues used in 
the facility; and
    (3) Type of material stored and annual throughput for the isopropyl 
and denatured alcohol, witch hazel and mineral oil tanks. All records 
shall be maintained for at least two years.

    C. U.S. Air, Inc.--U.S. Air, Inc. (USAir) is a commercial aircraft 
operations and maintenance facility located at the Pittsburgh 
International Airport (PIT), Allegheny County, Pennsylvania. USAir is a 
major VOC emitting facility. In this instance, RACT has been 
established and imposed by ACHD in CO 225. On July 1, 1997, PADEP 
submitted this CO to EPA on behalf of the ACHD as a SIP revision. USAir 
performs heavy maintenance on approximately 41 aircraft/year at the PIT 
Maintenance Base complex. Under CO 255, USAir must operate and maintain 
all processes and emission control equipments according to good 
engineering and air pollution control practices. At no time may USAir 
allow any coatings at the facility to exceed their respective VOC 
grams/liter limitations set forth in EPA's guideline document entitled, 
Control of VOC Emissions from Coatings of Aerospace Manufacturing and 
Rework Operations, dated July 1996 with the following exceptions:
    (1) Touchup, aerosol and U.S. Department of Defense classified 
coatings;
    (2) Coatings used on space vehicles; and
    (3) If the facility uses separate formulations in volumes of less 
than 50 gallons per year, subject to a maximum exemption of 200 gallons 
total for such formulations, applied annually.
    These exceptions are consistent with the EPA's guideline document 
cited above. CO 255 requires all fresh and used cleaning solvents, 
except semiaqueous cleaning solvents, used in the facility, be stored 
in nonabsorbent, nonleaking containers that are kept closed at all 
times except when filling and transferring. CO 255 also requires 
minimizing spills during the filling and transferring of the solvents, 
to and from enclosed systems, vats, waste containers, and other 
cleaning operations that hold or store fresh or used cleaning solvents. 
All spills of liquid or dry VOC containing material shall be cleaned up 
as soon as practicable. Under CO 255, USAir must maintain sufficient 
data and calculations to demonstrate compliance with this CO and 
Article XXI, section 2105.06. All records shall be maintained for at 
least two years.

III. EPA's Evaluation

    EPA is approving these RACT SIP submittals because ACHD has

[[Page 42135]]

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 has also imposed record-keeping, monitoring, 
and testing requirements on these sources sufficient to determine 
compliance with the applicable RACT determinations.

IV. Final Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP to establish and require VOC RACT for three major 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 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 three 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 source-specific RACT requirements 
to control VOC from IDL, OPI and USAir located in the Pittsburgh-Beaver 
Valley 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 
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:


[[Page 42136]]


    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(162) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (c)(162) Revisions pertaining to VOC RACT for IDL, Incorporated; 
Oakmont Pharmaceutical, Inc.; and USAir, Inc. located in the 
Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the 
Pennsylvania Department of Environmental Protection on July 1, 1997.
    (i) Incorporation by reference.
    (A) Letter submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and 
NOX RACT determinations dated July 1, 1997.
    (B) Plan Approval and Agreement Upon Consent Orders (COs) for the 
following sources:
    (1) IDL, Incorporated, CO 225, effective July 18, 1996, except for 
condition 2.5.
    (2) Oakmont Pharmaceutical, Inc., CO 252, effective December 19, 
1996, except for condition 2.5.
    (3) U.S. Air, Inc., CO 255, effective January 14, 1997, except for 
condition 2.5.
    (ii) Additional Materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations submitted for the sources listed in (i)(B), above.

[FR Doc. 01-20239 Filed 8-9-01; 8:45 am]
BILLING CODE 6560-50-P