[Federal Register Volume 66, Number 158 (Wednesday, August 15, 2001)]
[Rules and Regulations]
[Pages 42756-42761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20496]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA147/177-4126a; FRL-7032-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; 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 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 October 1, 2001 without further 
notice, unless EPA receives adverse written comment

[[Page 42757]]

by September 14, 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; 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: Michael Ioff at (215) 814-2166, 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 
volatile organic compounds (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; (3) All other major non-CTG rules 
were due by November 15, 1992. The Pennsylvania SIP has approved RACT 
regulations and requirements for all sources and source categories 
covered by the CTG's.
    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) demonstrates 
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.
    On April 9, 1999 and July 5, 2001, the PADEP submitted revisions to 
the Pennsylvania SIP which establish and impose RACT for several 
sources of NOX and VOCs. The RACT determinations for four of 
those sources, named below, are the subject of this rulemaking. These 
four sources are all located in the Pittsburgh area. The RACT 
determinations submitted for the other sources are or have been the 
subject of separate rulemakings.

II. Summary of the SIP Revisions

    The table below identifies the sources and the individual RACT 
operating permits (OPs) which are the subject of this rulemaking. A 
summary of the RACT determinations for each source follows the table.

                                          Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Plan approval  (PA #)
              Source                            County                 operating permit  (OP #)          Source type        ``Major source  pollutant''
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lukens Steel Corporation Houston    Washington....................  OP-63-000-080                   Stainless steel        NOX
 Plant.                                                                                              producer.

[[Page 42758]]

 
Allegheny Ludlum Steel Corporation  Westmoreland..................  OP-65-000-183                   Stainless and silicon  NOX
 West Leechburg Plant.                                                                               steel producer.
Allegheny Ludlum Corporation        Washington....................  OP-63-000-027                   Stainless and tool     NOX
 Jessop Steel Company Washington                                                                     steel plate producer.
 Plant.
Koppel Steel Corporation Koppel     Beaver........................  OP-04-000-059                   Carbon and alloy       NOX
 Plant.                                                                                              steel producer.
--------------------------------------------------------------------------------------------------------------------------------------------------------

A. Lukens Steel Corporation, Houston Plant

    The Lukens Steel Corporation's Houston Plant is a producer of 
rolled stainless steel sheet located in Houston Borough, Washington 
County, Pennsylvania. The facility is not a major VOC emitting source. 
The facility is a major source of NOX, and is a subject to 
RACT. The facility consists of two Electric Arc Furnaces (EAFs), an 
Argon Oxygen Decarburization (AOD) vessel, a continuous caster, a hot 
strip finishing mill, and a roughing and finishing mills. The facility 
also includes a number of preheat/heating/annealing metallurgical 
furnaces and heaters. Pennsylvania established NOX RACT 
requirements for the facility in OP 63-000-080.
(1) Description of the NOX Emitting Installations and 
Processes
    (a) EAFs at the Melt Shop: Both EAFs are used at the plant to melt 
and refine the charge of metallic scrap, fluxes, and various alloying 
elements. The sufficient resistive heating is generated inside the 
refractory-lined furnace vessel by electrical current flowing between 
the three graphite electrodes and through the metallic charge. In spite 
of very high temperatures which arise inside the furnace during the 
melting phase, only modest NOX formation occurs. This is due 
to the fact that in the EAF process the generation of NOX is 
largely transferred from a steelmaking facility to an electric 
generating unit at a utility plant where those emissions are 
controlled.
    (b) AOD Vessel at the Melt Shop: The AOD vessel is a refractory-
lined furnace used in the ladle-metallurgical argon-oxygen 
decarburization process to refine stainless steel outside the EAF. 
During the oxygen-argon blowing, fluxes and alloy materials are added 
to the vessel. Immediately after the decarburization blow, molten steel 
is argon-stirred to achieve the desired chemical and temperature 
homogenization of the material.
    (c) Preheat/Heating/Reheat/Annealing Furnaces: Preheat/heating/
reheat furnaces are used to bring various semi-finished steel products 
to a uniform temperature in order to make them suitable for hot 
working. Annealing furnaces are used to refine the steel grain 
structure, to relief stresses induced by hot or cold working, and to 
alter the mechanical properties of steel in order to improve its 
malleability. Heat treatment of stainless steels is conducted at a slow 
rate and relatively low temperatures to minimize thermal stresses and 
to avoid distortion and cracking.
(2) Description of the RACT Determinations
    Of the fourteen NOX emitting installations/processes, 
nine are heating/reheat/annealing natural gas-fired furnaces and ladle 
or tundish preheaters with a rated gross heat input of less than 20 
MMBTU/hr each. Pennsylvania has determined that these sources are 
subject to SIP-approved presumptive RACT requirements set forth in 25 
Pa. Code Section 129.93.(c)(1). Two of the other five remaining sources 
are natural gas-fired recoil heating furnaces with a rated gross heat 
input equal to 20 MMBTU/hr. Pennsylvania has determined that these 
sources are subject to SIP-approved presumptive RACT requirements set 
forth in 25 Pa. Code Section 129.93.(b)(2). The remaining three sources 
are comprised of the two EAFs and the AOD vessel. A case-by-case RACT 
analysis was performed for those three installations/processes. The 
following NOX emission control options were evaluated: Low 
Excess Air (LEA), Flue Gas Recirculation (FGR), Modification of Process 
Equipment, Selective Catalytic Reduction (SCR), Selective Non-Catalytic 
Reduction (SNCR), and Wet Scrubber Oxidation/Reduction Process. 
Pennsylvania's determinations of NOX RACT requirements for 
those three installations are based on a detailed case-by-case analysis 
of whether or not the evaluated control technologies were economically 
and technically feasible options in each particular application.
    (a) EAFs: Pennsylvania has concluded that the equipment and 
technology currently in place are constitute RACT for the source. 
Operating permit 63-000-080 requires that these sources be operated in 
accordance with the manufacturer's specifications and good operating/
management practices. The OP also limits NOX emissions from 
the two EAFs to 13 lb/hr and 51 tons per year (tpy) in any 12 month 
consecutive period.
    (b) AOD Vessel: Pennsylvania has concluded that the equipment and 
technology currently in place are constitute RACT for the source. In 
OP63-000-080, Pennsylvania imposes a requirement to operate the source 
in accordance with the manufacturer's specifications and good 
operating/management practices. The OP also limits NOX 
emissions from the AOD vessel to 10 lb/hr and 44 tpy in any 12 month 
consecutive period.
    (c) Recoil Furnaces at the Hot Strip Mill: In addition to requiring 
these furnaces to meet SIP-approved presumptive RACT emission 
limitations, OP-63-000-080 also limits NOX emissions from 
these sources to 5.6 lb/hr and 25 tpy in any 12 month consecutive 
period. In addition, OP 63-000-080 limits total facility wide 
NOX emissions to no more than 136 tpy in any 12 month 
consecutive period.

B. Allegheny Ludlum Corporation, West Leechburg Plant

    The Allegheny Ludlum Steel Corporation's West Leechburg Plant is a 
producer of stainless and silicon steel strip located in Westmoreland 
County, Pennsylvania. The facility is not a major VOC emitting source. 
The facility is a major NOX emitting source, and is a 
subject to NOX RACT regulations. The facility is comprised 
of twenty-seven NOX emitting individual installations and 
processes. Pennsylvania established NOX RACT requirements 
for the facility in OP 65-000-183.

[[Page 42759]]

(1) Description of the NOX Emitting Installations and 
Processes
    The West Leechburg Plant is primarily a finishing and rolling 
facility. The hot rolled and cold reduced strip steel is either 
annealed, annealed and pickled, blasted and pickled, or normalized 
depending on its metallurgy and end use. Most of the NOX 
emitting installations and processes at the facility are associated 
with the combustion of natural gas. The NOX emitting sources 
include heating, reheat and annealing furnaces of various gross heat 
input rates, coal and natural gas fired boilers and nitric/hydrofluoric 
acid pickling operations. The description of the major NOX 
emitting installations and processes provided for the Lukens Steel 
Corporation's facility, above, also describe those at Allegheny Ludlum 
Steel Corporation's West Leechburg Plant.
(2) Description of the RACT Determinations
    Pennsylvania has determined that fifteen various metallurgical 
furnaces and boilers are subject to the SIP-approved presumptive RACT 
emission limitations in 25 Pa. Code Section 129.93(b)(2) and (c)(1). 
For the remaining twelve NOX emitting sources, a detailed 
case-by-case NOX RACT analysis was performed in order to 
evaluate what control technology is both economically and technically 
feasible in each particular application. The following NOX 
emission control options were evaluated: Low Excess Air (LEA), Low-
NOX Burners (LNB), LNB combined with Flue Gas Recirculation 
(FGR), Selective Catalytic Reduction (SCR), Selective Non-Catalytic 
Reduction (SNCR), Absorption, Oxidation/Absorption, and Hydrogen 
Peroxide Injection. Pennsylvania OP-65-000-183 requires that these 
numerous small sources operate and be maintained in accordance with the 
manufacturer's specifications and good operating procedures. 
Furthermore, each of these individual emitting sources is subject to an 
hourly NOX emission rate (pounds/hr) and annual 
NOX emission rate (tpy) to be met in any consecutive 12 
month period. Finally OP 65-000-183 imposes a total facility wide cap 
of 874 tons per year also to be met in any consecutive 12 month period.

C. Allegheny Ludlum Corporation, Jessop Steel Company, Washington Plant

    The Allegheny Ludlum Corporation, Jessop Steel Company's Washington 
Plant is a specialty steel producer located in Washington County, 
Pennsylvania. Pennsylvania issued the facility OP63-000-027, and 
therein limits total facility wide emissions of VOC to 4.5 tpy in any 
12 month consecutive period. Therefore, the facility is not a major 
source of VOC. The facility is a major source of NOX, and is 
a subject to NOX RACT regulations. The facility is comprised 
of thirty individual NOX emitting installations and 
processes. Pennsylvania established NOX RACT requirements 
for the facility in OP63-000-027.
(1) Description of the NOX Emitting Installations and 
Processes
    The Washington facility processes semi-finished stainless and tool 
grade steel products for specific customer use. The stainless or tool 
grade steel strip is either annealed, annealed and pickled, or blasted 
and pickled depending on its metallurgy and end use. Most of the 
NOX emitting installations and processes at the facility are 
gas fired small heating/reheat/annealing furnaces with rated heat input 
of less than 20 MMBTU/hr. There are also a few sources, such as a batch 
pickling operation, which are not associated with combustion process 
but still generate some NOX emissions. The description of 
the major NOX emitting installations and processes provided 
for the Lukens Steel Corporation's facility, above, also describe those 
at the Allegheny Ludlum Corporation, Jessop Steel Company's Washington 
Plant. It should be noted that the facility's three Electric Arc 
Furnaces (EAFs), the Argon Oxygen Decarburization (AOD) vessel and two 
AOD preheaters were shutdown on July 1, 1994. Allegheny Ludlum has 
filed for Emission Reduction Credits (ERCs) in accordance with 25 PA 
Code Section 127.207(5)(I) for the emissions reductions, beyond those 
required as RACT, from these shutdown units.
(2) Description of the RACT Determinations
    Pennsylvania has determined that twenty-four installations and 
processes are subject to the SIP-approved presumptive RACT emission 
limitations set forth in 25 Pa. Code Section 129.93(b)(2) and (c)(1). 
For the remaining six NOX emitting sources, a case-by-case 
NOX RACT analysis was performed in order to evaluate whether 
any additional control technology is both technically and economically 
feasible. The following NOX emission control options were 
evaluated: Low Excess Air (LEA), Low-NOX Burners (LNB), LNB 
Flue Gas Recirculation (FGR), Selective Catalytic Reduction (SCR), 
Selective Non-Catalytic Reduction (SNCR), Absorption, Oxidation/
Absorption, and Hydrogen Peroxide Injection. Pennsylvania determined 
that operation of the existing equipment in accordance with the 
manufacturer's specifications and good engineering and pollution 
control practices constitutes RACT for the sources. Furthermore, each 
of these individual emitting sources is subject to an hourly 
NOX emission rate (pounds/hr) and annual NOX 
emission rate (tpy) to be met in any consecutive 12 month period. 
Finally OP63-000-027 imposes a total facility wide cap of 191.6 tpy to 
be met in any 12 month consecutive period.

D. Koppel Steel Corporation, Koppel Plant

    The Koppel Steel Corporation's Koppel Plant is a producer of carbon 
and alloy grades steel located in Koppel Borough, Beaver County, 
Pennsylvania. The facility is comprised of twelve major NOX 
emitting individual installations and processes . Pennsylvania 
established NOX RACT requirements for the facility in OP-04-
000-059. The facility is not a major source of VOCs. The facility is a 
major NOX emitting source, and is a subject to 
NOX RACT regulations.
(1) Description of the NOX Emitting Installations and 
Processes
    The processes at this facility involve steel melting operations and 
the subsequent production of hot rolled bars in both carbon and alloy 
grades. The facility's Melt Shop consists of an Electric Arc Furnaces 
(EAF), a ladle refining station, a continuous caster and various pieces 
of ancillary equipment. Other NOX emitting installations and 
processes at the facility include various metallurgical furnaces, ladle 
and tundish dryers and heaters, torches, and boilers. The description 
of the major NOX emitting installations and processes 
provided for the Lukens Steel Corporation's facility, above, also 
describe those at the Koppel Steel Corporation, Koppel Plant.
(2) Description of the RACT Determinations
    Of the twelve NOX emitting units/processes, nine are 
heating/reheat/annealing natural gas-fired furnaces and ladle/tundish 
dryers and heaters with a rated gross heat input of less than 20 MMBTU/
hr each. Pennsylvania has determined that these sources are subject to 
the SIP-approved presumptive RACT requirements set forth in 25 Pa. Code 
Section 129.93(c)(1). The remaining three sources are comprised

[[Page 42760]]

of the EAF, ladle refining station, and the Rotary Hearth Reheat 
furnace. A case-by-case RACT analysis was performed for those three 
installations and processes with the following NOX emission 
control options evaluated: Low Excess Air (LEA), Flue Gas Recirculation 
(FGR), and Selective Non-Catalytic Reduction (SNCR). Pennsylvania's 
determinations of NOX RACT requirements for those three 
installations were based on a detailed case-by-case analysis of whether 
or not the evaluated control technologies were technically and 
economically feasible options in each particular application.
    (a) The EAF and ladle refining station: Pennsylvania determined 
that the equipment and technology currently in place are constitute 
RACT for these sources. In OP04-000-059, Pennsylvania requires these 
units to operate and be maintained in accordance with the 
manufacturer's specifications and good air pollution control practices.
    (b) The Rotary Hearth Reheat furnace: Pennsylvania has determined 
that the use of LEA at approximately 10% (in addition to the 
requirement to provide an annual adjustment or tune up of the 
combustion process) constitutes RACT for this source and, accordingly, 
imposes those requirements in its RACT OP-04-000-059.

III. EPA's Evaluation of Pennsylvania's SIP Revisions

    EPA is approving Pennsylvania's RACT SIP submittals because PADEP 
established and imposed these RACT requirements in accordance with the 
criteria set forth in its SIP-approved RACT regulations. The 
Commonwealth has also imposed record-keeping, monitoring, and testing 
requirements on these sufficient to determine compliance with the 
applicable RACT determinations.

IV. Final Action

    EPA is approving the SIP revisions to the Pennsylvania SIP 
submitted by PADEP to establish and require 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 October 1, 2001 without further notice unless EPA 
receives adverse comment by September 14, 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.

V. 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-

[[Page 42761]]

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 October 15, 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 NOX from four 
individual steel facilities in the Pittsburgh-Beaver Valley 
nonattainment area 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 dioxide, 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)(163) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (163) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT, submitted by the 
Pennsylvania Department of Environmental Protection on April 9, 1999 
and July 5, 2001.
    (i) Incorporation by reference.
    (A) Letter submitted on April 9, 1999 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific 
RACT determinations in the form of operating permits.
    (B) Operating permits (OP) for the following sources:
    (1) Lukens Steel Corporation, Houston Plant; OP 63-000-080, 
effective date 02/22/99, except for the Permit Term and conditions 13.-
16., inclusive.
    (2) Allegheny Ludlum Steel Corporation, West Leechburg Plant; OP 
65-000-183, effective date 03/23/99, except for the Permit Term.
    (3) Allegheny Ludlum Corporation, Jessop Steel Company Washington 
Plant; OP 63-000-027, effective date 03/26/99, except for the Permit 
Term and conditions 11.-14., inclusive.
    (C) Letter submitted on July 5, 2001 by the Pennsylvania Department 
of Environmental Protection transmitting source-specific RACT 
determinations in the form of operating permits.
    (D) Koppel Steel Corporation, Koppel Plant's OP 04-000-059, 
effective date: 3/23/01, 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 for the sources listed in (i) (B) and (D), above.

[FR Doc. 01-20496 Filed 8-14-01; 8:45 am]
BILLING CODE 6560-50-P