[Federal Register Volume 66, Number 155 (Friday, August 10, 2001)]
[Rules and Regulations]
[Pages 42136-42140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20241]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4130a; FRL-7030-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Four 
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 four 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: 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.

[[Page 42137]]

    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 July 1, 1997 and April 19, 2001, 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 four 
of those sources. The remaining sources are or have been the subject of 
separate rulemakings. The Commonwealth's submittals consist of plan 
approval and agreement upon consent orders (Consent Orders or COs) and 
enforcement order (EO) issued by the Allegheny County Health Department 
(ACHD). These four sources are located in the Pittsburgh area.

II. Summary of the SIP Revisions

A. Ashland Chemical Corporation

    Ashland Chemical Corporation (Ashland) is a synthetic organic 
chemical manufacturing facility located in Pittsburgh, Allegheny 
County, Pennsylvania. Ashland is a major VOC and NOX 
emitting facility. In this instance, RACT has been established and 
imposed by ACHD in CO 227. On July 1, 1997, PADEP submitted CO 227 to 
EPA on behalf of the ACHD as a SIP revision. Under CO 227, Ashland must 
operate and maintain all VOC and NOX emission units 
according to good engineering and air pollution control practices. 
Ashland must not at any time, with the exception of activities to 
mitigate emergency conditions, operate the maleic anhydride refinery 
still while generating VOC emissions unless all such VOC emissions are 
exhausted to the existing secondary condenser system on the still 
vacuum system vent or to, at a minimum, an equivalent control device. 
The maleic anhydride refinery still vacuum system vent secondary 
condenser system must at all times be properly operated and maintained, 
with the exception of activities to mitigate emergency conditions. 
Coolant must be cycled through the facility's coolant system which will 
be properly operated and maintained at ambient conditions. At no time 
will coolant inlet temperature be required to be less than 50 degrees 
Fahrenheit. CO 227 requires that the NOX emissions from the 
main boiler not exceed 0.16 lbs/MMBTU and 79 tons per year (tpy). CO 
227 also requires Ashland to conduct NOX emissions testing 
every two years in accordance with EPA approved test methods and 
section 2108.02 of Article XXI of the County's air pollution control 
regulations. The maximum annual operation of the backup boiler must be 
limited to 500 hours/year. If the backup boiler exceeds 500 hours in 
any 12 month period, an annual adjustment or tuneup on the combustion 
process must be conducted to include, at a minimum: (a) Inspection, 
adjustment, cleaning, or replacement of fuel-burning equipment; (b) 
inspection of the flame pattern or characteristics and adjustments 
necessary to minimize total emissions of NOX; and (c) 
inspection of the air-to-fuel ratio control system and adjustments 
necessary to ensure proper calibration and operation. Ashland must keep 
records of the tuneup that includes, but not limited to the following: 
(a) The date of the adjustment procedure; (b) the name of the service 
company and technicians or Ashland personnel; (c) the final operating 
rate or load after adjustment; (d) the final NOX emission 
rates after adjustment; and (e) the final excess oxygen rate after 
adjustment. CO 227 requires Ashland to maintain records of fuel type 
and usage for the equipment of the following: (1) Main boiler; (2) 
backup boiler when operation exceeds 500 hours in any twelve month 
period; (3) polyester resin plant hot oil heater and thermal oxidizer; 
and (4) maleic anhydride plant thermal oxidizer. Records must include 
certifications from fuel suppliers for all types of liquid fuel. For 
each shipment of distillate oils number 1 or 2, a certification that 
the fuel complies with ASTM D396-78, ``Standards Specifications for 
Fuel Oils'' is required. For residual oils, minimum record keeping 
includes a certification of the nitrogen content of the fuel, and 
identification of the sampling method and sampling protocol. CO 227 
requires Ashland to properly operate and maintain the polyester resin 
plant oxidizer at all times while processing VOC emissions, with the 
exception of activities to mitigate emergency conditions, according to 
the following operating parameters: (1) A minimum destruction 
efficiency of 95 percent; (2) a minimum operating temperature of 1400 
degrees Fahrenheit; and (3) a minimum residence time of one-half 
seconds at all times. The subject thermal oxidizer shall be equipped 
with instrumentation that will continuously monitor and record the 
oxidizer operating temperature. Ashland is also required to conduct 
emission testing every five years in accordance with EPA approved test 
methods and section 2107.04 of Article XXI. CO 227 requires Ashland to 
properly operate and

[[Page 42138]]

maintain the maleic anhydride oxidizer at all times while processing 
VOC emissions, with the exception of activities to mitigate emergency 
conditions, according to the following operating parameters: (1) A 
minimum destruction efficiency of 98 percent; (2) a minimum operating 
temperature of 1442 degrees Fahrenheit, plus or minus 25 degrees 
Fahrenheit; and (3) a minimum residence time of one-half seconds at all 
times. The subject thermal oxidizer shall be equipped with 
instrumentation that will continuously monitor and record the oxidizer 
operating temperature. Under CO 277, Ashland must maintain records to 
demonstrate compliance with this CO and Article XXI, section 2105.06. 
All records shall be retained for at least two years. Ashland is also 
subject to additional post-RACT requirements to reduce NOX 
found at 25 PA Code Chapters 121, 123 and 145.

B. Hercules Incorporated--NOX RACT

    Hercules Incorporated (Hercules) is a synthetic hydrocarbon resin 
production facility located in West Elizabeth, Allegheny County, 
Pennsylvania. Hercules is a major NOX emitting facility. In 
this instance, NOX RACT has been established and imposed by 
ACHD in EO 216. On July 1, 1997, PADEP submitted EO 216 to EPA on 
behalf of the ACHD as a SIP revision. Hercules produces synthetic 
hydrocarbon resins in various batch and finishing processes which 
require heat at various stages in the processes. Under EO 216, the 
boilers at Hercules must not be allowed to operate, unless an annual 
adjustment or tuneup is performed on the combustion process. Such 
annual adjustment, or tuneup must include, but not limited to: (1) 
Inspection, adjustment, cleaning, or replacement of fuel-burning 
equipment, including the burners and moving parts necessary for proper 
operation as specified by the manufacturer; (2) inspection of the flame 
pattern or characteristics and adjustments necessary to minimize total 
emissions of NOX; and (3) inspection of the air-to-fuel 
ratio control system and adjustments necessary to ensure proper 
calibration and operation as specified by the manufacturer. Under EO 
216, Hercules shall not allow any time process operations at the 
facility unless the following records, at a minimum, are contained in 
Hercules' operating record for boilers 1-5: (1) The date of the 
adjustment procedure; (2) the name of the service company and 
technicians; (3) the operating rate or load after adjustment; (4) 
NOX emission rate after adjustment; and (e) the excess 
oxygen rate after adjustment. EO 216 does not allow equipment to 
operate unless they are being maintained and operated with good 
engineering practice and within the manufacturer's specifications. 
Under EO 216, Hercules must maintain records to demonstrate compliance 
with this CO and Article XXI, section 2105.06. EO 216 requires Hercules 
to maintain records of fuel type and usage for each combustion unit 
including certifications from fuel suppliers for all types of liquid 
fuel. For each shipment of distillate oils number 1 or 2, a 
certification that the fuel complies with ASTM D396-78, ``Standards 
Specifications for Fuel Oils'' is required. For residual oils, minimum 
record keeping includes a certification from the fuel supplier from the 
nitrogen content of the fuel, and identification of the sampling method 
and sampling protocol. For fuels which are by-products of Hercules' 
processes, the record keeping shall include the nitrogen content of the 
fuel, as analyzed according to section 2107.01 of Article XXI. All 
records shall be retained for at least two years. Hercules is also 
subject to additional post-RACT requirements to reduce NOX 
found at 25 PA Code Chapters 121, 123 and 145.

C. Hercules Incorporated--VOC RACT

    As stated above, Hercules Incorporated (Hercules) is a synthetic 
hydrocarbon resin production facility located in West Elizabeth, 
Allegheny County, Pennsylvania. Hercules is also a major VOC emitting 
facility. In this instance, VOC RACT has been established and imposed 
by ACHD in CO 257. On July 1, 1997 and April 19, 2001, PADEP submitted 
this CO 257 to EPA on behalf of the ACHD as a SIP revision. The 
facility produces a variety of resins from resin oils, monomers, 
solvents and catalysts. Under CO 257, Hercules must at no time operate 
the following process equipment while generating VOC emissions unless 
all non-fugitive emissions are processed through cooling tower water 
cooled condensers: (1) V-8 polymerization unit; (2) water-white 
polymerization unit, (3) MP polymerization unit; (4) suspension 
polymerization unit; (5) pilot plant; (6) no. 3 LTC finishing unit; (7) 
C-5 polymerization unit; (8) Numbers 1 and 2 LTC finishing unit, and 
(9) C-polymerization unit. Such condensers shall be properly maintained 
and operated at all times while treating VOC emissions from the 
equipment, with the exception of activities to mitigate emergency 
conditions, with a coolant inlet temperature no greater than 10 degrees 
Fahrenheit above ambient air temperature, except that at no time will 
the coolant temperature be required to be less than 50 degrees 
Fahrenheit. Under CO 257, Hercules must at no time operate the 
following process equipment while generating VOC emissions unless all 
non-fugitive emissions are processed through refrigerated condensers. 
Such condensers shall be properly maintained and operated at all times 
while treating VOC emissions, with the exception of activities to 
mitigate emergency conditions, with coolant inlet temperatures of no 
greater than ten (10) degrees Centigrade for the MP polymerization unit 
process equipment and zero (0)degrees Fahrenheit for the C-5 
polymerization unit process equipment. Under CO 257, Hercules must 
maintain records to demonstrate compliance with this CO and Article 
XXI, section 2105.06. Record keeping requirements must include 
production records and condenser coolant temperatures. All records 
shall be retained for at least two years. CO 257 requires Hercules to 
properly maintain and operate all existing process equipment and VOC 
control equipment at all times while such equipment is emitting VOCs, 
with the exception of activities to mitigate emergency situations, 
according to good engineering and air pollution control practices.

D. Neville Chemical Company

    Neville Chemical Company (Neville) is a synthetic hydrocarbon resin 
production facility located in Allegheny County, Pennsylvania. Neville 
is a major VOC and NOX emitting facility. In this instance, 
RACT has been established and imposed by ACHD in CO 230. On July 1, 
1997, PADEP submitted this CO 230 to EPA on behalf of the ACHD as a SIP 
revision. CO 230 requires all existing VOC and NOX emission 
units and control equipment be properly operated and maintained 
according to good engineering practices at all times, with the 
exception of activities to mitigate emergency conditions. Under CO 230, 
Neville must at no time operate the C-5 process while generating VOC 
emissions unless all such emissions are processed through refrigerated 
condensers. Such condensers shall be properly maintained and operated 
at all times while treating VOC emissions, with the exception of 
activities to mitigate emergency conditions, with an average monthly 
coolant inlet temperature no greater than 60 degrees Fahrenheit. 
Neville must at no time operate the following process equipment while 
generating VOC emissions unless all such emissions are processed 
through water-cooled

[[Page 42139]]

condensers. Such condensers shall be properly maintained and operated 
at all times while treating VOC emissions, with the exception of 
activities to mitigate emergency conditions, with an average monthly 
coolant inlet temperature no greater than 90 degrees Fahrenheit: (1) 
Resin rework tanks; and (2) screen cleaning unit. CO 230 requires the 
continuous polymerization unit No. 2 not to operate while generating 
VOC emissions, unless such emissions are treated by water cooled and 
refrigerated condensers, with the exception of activities to mitigate 
emergency conditions. The water cooled and refrigerated condensers 
shall be properly operated and maintained with average monthly coolant 
inlet temperatures not exceeding 90 degrees Fahrenheit and 60 degrees 
Fahrenheit, respectively. The packaging centers No. 2, 3 and 5 shall be 
properly maintained and operated at all times, with the exception of 
activities to mitigate emergency conditions. Proper operation shall 
include the use of covers on all kettles after the initial kettle 
charging and during process operations. CO 230 requires Neville to 
perform an annual adjustment or tune-up on boilers No. 4, 6, and 7 once 
every 12 months (annual tune-up). Such annual tune-up shall include: 
(1) Inspection, adjustment, cleaning, or replacement of fuel-burning 
equipment, including the burners and moving parts necessary for proper 
operation; (2) inspection of the flame pattern or characteristics and 
adjustments necessary to minimize total emissions of NOX; 
and (3) inspection of the air-to-fuel ratio control system and 
adjustments necessary to ensure proper calibration and operation. 
Neville shall maintain the following records of the annual tune-up for 
the subject equipment: (1) The date of the annual tune-up; (2) the name 
of the service company and/or individuals performing the annual tune-
up; (3) the operating rate or load after the annual tune-up; (4) 
NOX emission rate after the annual tune-up; and (5) the 
excess oxygen rate after the annual tune-up. CO 230 requires Neville to 
maintain records of fuel type and usage for each combustion unit 
including certifications from fuel suppliers for all types of liquid 
fuel. For each shipment of distillate oils number 1 or 2, a 
certification that the fuel complies with ASTM D396-78, ``Standards 
Specifications for Fuel Oils'' is required. For residual oils, minimum 
record keeping includes a certification from the fuel supplier of the 
nitrogen content of the fuel, and identification of the sampling method 
and sampling protocol. For fuels that are co-products of the facility's 
processes, minimum record keeping shall include the nitrogen content of 
the fuel and identification of the sampling method and protocol. CO 230 
requires Neville to maintain records to demonstrate compliance with 
this CO and Article XXI, section 2105.06. All records shall be retained 
for at least two years. CO 230 requires Neville to conduct a Leak 
Detection and Repair (LDAR) program at the facility at all times when 
facility operation may result in fugitive emissions of VOCs. Neville is 
also subject to additional post-RACT requirements to reduce 
NOX found at 25 PA Code Chapters 121, 123 and 145.

III. EPA's Evaluation of the SIP Revisions

    EPA is approving these RACT SIP submittals because ACHD 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 on behalf of ACHD to establish and require VOC and NOX 
RACT for four 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

[[Page 42140]]

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 four 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 NOX from four individual 
sources in 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: 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)(166) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (166) Revisions pertaining to VOC and NOX RACT for 
Ashland Chemical Company; Hercules, Incorporated; and Neville Chemical 
Company located in the Pittsburgh-Beaver Valley ozone nonattainment 
area, submitted by the Pennsylvania Department of Environmental 
Protection on July 1, 1997 and April 19, 2001.
    (i) Incorporation by reference.
    (A) Letters dated July 1, 1997 and April 19, 2001, submitted by the 
Pennsylvania Department of Environmental Protection transmitting 
source-specific VOC and NOX RACT determinations.
    (B) Plan Approval and Agreement Upon Consent Orders (COs) and an 
Enforcement Order (EO) for the following sources:
    (1) Ashland Chemical Company, CO 227, effective December 30, 1996, 
except for condition 2.5.
    (2) Hercules, Incorporated, EO 216, effective March 8, 1996.
    (3) Hercules, Incorporated, CO 257, except for condition 2.5, 
effective January 14, 1997, including amendments to CO 257, effective 
November 1, 1999.
    (4) Neville Chemical Company, CO 230, effective December 13, 1996, 
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. 01-20241 Filed 8-9-01; 8:45 am]
BILLING CODE 6560-50-P