[Federal Register Volume 66, Number 156 (Monday, August 13, 2001)]
[Rules and Regulations]
[Pages 42415-42418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20376]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4137a; FRL-7033-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC 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

[[Page 42416]]

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 27, 2001 without further 
notice, unless EPA receives adverse written comment by September 12, 
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 or 
Pauline Devose at (215) 814-2186, 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 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

[[Page 42417]]

in no way relieves that source from any applicable requirements found 
in 25 PA Code Chapters 121, 123, and 145.
    On April 16, 1996 and August 9, 2000, 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 two 
of those sources. The remaining sources are or have been the subject of 
separate rulemakings. The Commonwealth's submittals consist of 
operating permits (OPs) issued by PADEP. These two sources are located 
in the Pittsburgh area.

II. Summary of the SIP Revisions

A. GenCorp, Inc., Jeannette Plant

    GenCorp, Inc. (GenCorp) is located in Jeannette, Westmoreland 
County, Pennsylvania. The facility produces vinyl plastic film. GenCorp 
is a major source of VOC and had the potential to be defined as a major 
source of NOX. The PADEP issued OP 65-000-207 to GenCorp, 
and on April 16, 1996, PADEP submitted the OP to EPA as a SIP revision. 
This OP establishes limits to permanently restrict NOX 
emissions to a level below the major source threshold and establishes 
RACT to control VOC emissions. OP 65-000-207 requires GenCorp and any 
associated air cleaning devices to be operated and maintained in a 
manner consistent with good operating and management practices. OP 65-
000-207 also requires GenCorp to comply with the conditions placed in 
OP 65-318-052A and the VOC limits required under the Consent Order and 
Agreement 276MD and 25 PA Code section 129. Boilers 031 and 032 shall 
not exceed 24,000 pounds of steam per hour per boiler. Compliance with 
this limit shall be demonstrated by keeping records of steam usage. 
NOX emissions for Boiler 031 or 032 shall not exceed 18.7 
tons NOX per year for each unit. VOC emissions shall not 
exceed the following:

------------------------------------------------------------------------
                                                                 VOC
                                                            emissions in
                        VOC source                            tons per
                                                                year
------------------------------------------------------------------------
Calendering Line 1........................................         40
Calendering Line 2........................................         40
Calendering Line 3........................................         40
Calendering Line 4........................................         40
Embosser Line 1 and Laminator Line 2......................          8
Cleaning Solvents.........................................          2.70
Boiler 031 and Boiler 032.................................          2
Units 1 thru 5............................................          0.5
------------------------------------------------------------------------

    The calendaring lines 1 through 4 combined total emissions shall 
not exceed 150 tons of VOC per year. All annual limits are to meet on a 
rolling monthly basis over every consecutive 12 month period. Emission 
reductions of the targeted contaminant(s) below the level specified 
above which are achieved by optimizing the effectiveness of the 
equipment installed pursuant to OP 65-000-207 are not surplus 
reductions, and thus, may not be used to generate Emission Reduction 
Credits (ERCS).

B. CENTRIA, United Coaters Ambridge Coil Coating Operations Plant

    CENTRIA owns the United Coaters Ambridge Coil Coating Operations 
Plant located in Ambridge Borough, Beaver County, Pennsylvania. It is a 
coil coating operation facility subject to RACT for VOC. In this 
instance, RACT has been established and imposed by PADEP in OP 04-000-
043. On August 9, 2000, PADEP submitted OP 04-000-043 to EPA as a SIP 
revision. OP 04-000-043 requires that all sources of VOC located at the 
facility and any associated air cleaning devices be operated and 
maintained in a manner consistent with good operating and management 
practices. The facility's Paint Mix Station and the Solvent Cleaning 
Station must be operated and maintained in accordance with the 
manufacturer's specifications and operating instructions, and in 
accordance with good air pollution control practice. OP 04-000-043 
imposes VOC emission limits for the Paint Mix Station and the Solvent 
Cleaning Operations to be 9 tons per year of VOC of which no more than 
6 tons per year of hazardous air pollutants (HAPs). United Coaters 
shall seek to use solvents which will further reduce these releases. 
United Coaters must maintain records on the hours of operation of the 
coating line, natural gas consumption, and VOC usage data, in 
accordance with 25 PA Code sections 129.52(c) and 129.95.

III. EPA's Evaluation

    EPA is approving these RACT SIP submittals because PADEP 
established and imposed these RACT requirements in accordance with the 
criteria set forth in the SIP-approved RACT regulations applicable to 
these sources. PADEP 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 RACT to control VOC from two 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 27, 2001 without further notice unless EPA 
receives adverse comment by September 12, 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

[[Page 42418]]

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 27, 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 requirements to control VOC and to limit NOX from 
the GenCorp., Inc., Jeannette Plant; and the CENTRIA, United Coaters 
Ambridge Coil Coating Operations Plant 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 
record keeping requirements.

    Dated: August 7, 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)(171) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (c)(171) Revisions pertaining to the GenCorp., Inc., Jeannette 
Plant; and to the CENTRIA, United Coaters Ambridge Coil Coating 
Operations Plant, located in the Pittsburgh-Beaver Valley ozone 
nonattainment area, submitted by the Pennsylvania Department of 
Environmental Protection on April 16, 1996 and August 9, 2000.
    (i) Incorporation by reference.
    (A) Letter submitted by the Pennsylvania Department of 
Environmental Protection, dated April 16, 1996, transmitting source-
specific VOC and NOX RACT determinations.
    (B) Operating Permit 65-000-207 issued to GenCorp., Inc., Jeannette 
Plant, effective January 4, 1996, except for the Permit Term and 
condition 8.
    (C) Letter submitted by the Pennsylvania Department of 
Environmental Protection, dated August 9, 2000, transmitting source-
specific VOC and NOX RACT determinations.
    (D) Operating Permit 04-000-043 issued to CENTRIA, Ambridge Coil 
Coating Operations Plant, effective May 17, 1999, except for the Permit 
Term.
    (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) and (D), 
above.
[FR Doc. 01-20376 Filed 8-10-01; 8:45 am]
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