[Federal Register Volume 66, Number 161 (Monday, August 20, 2001)]
[Rules and Regulations]
[Pages 43492-43497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20879]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4142a; FRL-7037-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Eight 
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 eight 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 October 4, 2001 without further 
notice, unless EPA receives adverse written comment by September 19, 
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: Catherine Magliocchetti at (215) 814-
2174, or Ellen Wentworth (215-814-2034), at the EPA Region III address 
above or by e-mail at [email protected] or 
[email protected]. Please note that while questions may be posed 
via telephone and e-mail, formal comments must be submitted, in 
writing, as indicated in the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION:   

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act 
(CAA), the Commonwealth of Pennsylvania (the Commonwealth 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

[[Page 43493]]

RACT regulations shall convert to a full approval for the Pittsburgh 
area.
    It must be noted that the Commonwealth has adopted and is 
implementing additional ``post RACT requirements'' to reduce seasonal 
NOX emissions in the form of a NOX cap and trade 
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule 
developed by the States in the OTR. That rule's compliance date is May 
1999. That regulation was approved as SIP revision on June 6, 2000 (65 
FR 35842). Pennsylvania has also adopted regulations to satisfy Phase I 
of the NOX SIP call and submitted those regulations to EPA 
for SIP approval. Pennsylvania's SIP revision to address the 
requirements of the NOX SIP Call Phase I consists of the 
adoption of Chapter 145--Interstate Pollution Transport Reduction and 
amendments to Chapter 123--Standards for Contaminants. On May 29, 2001 
(66 FR 29064), EPA proposed approval of the Commonwealth's 
NOX SIP call rule SIP submittal. EPA expects to publish the 
final rulemaking in the Federal Register in the near future. Federal 
approval of a case by case RACT determination for a major source of 
NOX in no way relieves that source from any applicable 
requirements found in 25 PA Code Chapters 121, 123 and 145.
    On January 6, 1995, August 1, 1995, January 10, 1996, January 21, 
1997, February 2, 1999, March 3, 1999, 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 eight of those sources. The RACT determinations 
for the other sources are, or have been the subject of separate 
rulemakings. The Commonwealth's submittals consist of Plan Approvals 
(PA) and Operating Permits (OP) issued by PADEP. These PAs and OPs 
impose VOC and/or NOX RACT requirements for each source. 
These sources are all located in the Pittsburgh area.

II. Summary of the SIP Revisions

    The table below identifies the sources and the individual Plan 
Approvals (PAs) and Operating Permits (OPs) which are the subject of 
this rulemaking. A summary of the VOC and NOX RACT 
determinations for each source follows the table.

                      Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                                                                        ``Major
               Source                       County            PA# or OP#            Source type         source''
                                                                                                       pollutant
----------------------------------------------------------------------------------------------------------------
AES Beaver Valley Partners, Inc.--   Beaver.............      OP 04-000-446  Four Cogeneration Units.        NOX
 Monaca Plant.
Duquesne Light/Pennsylvania Power    Beaver.............      PA 04-000-235  NOX and VOC Emitting        NOX/VOC
 Company--Bruce Mansfield Plant.                                              Sources; Low NOX
                                                                              Burners.
West Penn Power Company--Mitchell    Washington.........      PA 63-000-016  Coal Boilers; Low-NOX       NOX/VOC
 Station.                                                                     Burners.
Apollo Gas Company--Shoemaker        Armstrong..........      OP 03-000-183  Natural Gas Compressors.    NOX/VOC
 Station.
Carnegie Natural Gas Company--       Armstrong..........      OP 03-000-182  Natural Gas Compressors.    NOX/VOC
 Fisher Station (formerly Apollo
 Gas Company).
The Peoples Natural Gas Company--    Armstrong..........      PA 03-000-076  Natural Gas                 NOX/VOC
 Girty Station.                                                               Reciprocating Engines.
The Peoples Natural Gas Company--    Armstrong..........      PA 03-000-125  Natural Gas                 NOX/VOC
 Valley Station.                                                              Reciprocating Engines.
Texas Eastern Transmission           Westmoreland.......      OP 65-000-839  Internal Combustion         NOX/VOC
 Corporation--Delmont Station.                                                Engines.
----------------------------------------------------------------------------------------------------------------

A. AES Beaver Valley Partners, Inc.--Monaca Plant

    AES Beaver Valley Partners, Inc.'s Monaca Plant is a cogeneration 
plant located in Potter Township, Pennsylvania. The Monaca plant is a 
major NOX emitting facility. The PADEP issued OP 04-000-446 
to impose RACT for this facility for the installation of low-
NOX burners and combustion optimization. The Commonwealth 
has imposed NOX emission limits on AES Beaver Valley 
Partners' Monaca plant that shall not exceed an excess of .7 lbs/MMBtu 
from the main stack based on a 30-day rolling average. A yearly 
NOX emission limit for this facility is established as 5933 
tpy. The annual limit must be met on a rolling monthly basis over every 
consecutive 12 month period. This facility is subject to record keeping 
requirements of 25 PA Code section 129.95, and compliance shall be 
established based on emission data obtained from a certified Continuous 
Emissions Monitoring System (CEM) installed, maintained, and operated 
in accordance with 25 Pa. Code Chapters 123 and 139. AES Beaver Valley 
Partners' Monaca plant is also subject to additional post-RACT 
requirements to reduce NOX.

B. Pennsylvania Power Company--Bruce Mansfield Plant

    Pennsylvania Power Company's (Duquesne Light) Bruce Mansfield Plant 
is a power plant located in Shippingport Borough, Pennsylvania. It is a 
major VOC and NOX emitting facility. The PADEP issued PA 04-
000-235 to impose RACT at the source for the installation of low-
NOX burners with separate over-fire air on Units 1, 2, and 
3, and to limit the annual capacity factors on auxiliary Boilers 1, 2, 
and 3. The NOX emission limit of 0.5 lbs/MMBtu, based on a 
30-day rolling average, applies to each of the units. The tpy limit is 
based upon a 95 percent annual capacity factor limitation. Reductions 
in the allowable emission rates below the levels established by this 
permit shall not be available as Emission Reduction Credits (ERCs) 
pursuant to 25 Pa. Code section 127.206 unless the reductions are 
achieved through real reductions of actual or allowable emissions, 
whichever is lower, through the installation of controls beyond those 
required by RACT, or any other subsequent regulatory requirement. 
Auxiliary Boilers 1, 2, and 3 shall operate in accordance with the 
presumptive RACT limitations identified in 25 Pa. Code section 
129.93(c)(5), which identifies RACT as installation, maintenance and 
operation of the source in accordance with the manufacturer's 
specifications. The source is required to keep data that clearly 
demonstrates that the auxiliary boilers' annual capacity factors are 
less than 5 percent, respectively. VOC RACT for Units 1, 2, and 3 at 
this plant shall be operational in accordance with the manufacturer's 
recommendations. Duquesne Light/Pennsylvania Power Company's Bruce 
Mansfield plant is required to perform stack testing to determine 
emission rates from Units 1, 2, and 3, to be conducted while the source 
is operating at the maximum rated capacity as stated in the source's

[[Page 43494]]

application. Compliance shall be established based on emission data 
obtained from a certified CEM installed, maintained, and operated in 
accordance with 25 Pa. Code Chapter 139, and the PADEP's Source Testing 
Manual. The source is required to maintain records in accordance with 
the record keeping requirements of 25 Pa. Code section 129.95. Duquesne 
Light/Pennsylvania Power Company's Bruce Mansfield plant is also 
subject to additional post-RACT requirements to reduce NOX 
found at 25 PA Code Chapters 121, 123 and 145.

C. West Penn Power Company--Mitchell Station

    West Penn Power Company's Mitchell Station is a power plant located 
in Union Township, Pennsylvania. Mitchell Station is a major VOC and 
NOX emitting facility. The PADEP issued PA 63-000-016 to 
impose RACT for the installation of low-NOX burners with 
separate over-fire air on Boiler No. 33. The NOX emission 
limit of 0.45 Lbs/MMBtu applies to Boiler No. 33, with a 30-day rolling 
average. NOX emissions from Boiler No. 33 shall not exceed 
4849 tpy. The NOX emission limit of 0.2 Lbs/MMBtu, based on 
a 30-day rolling average, applies to Boilers 1, 2, and 3. The annual 
NOX emission limit for Boilers 1, 2, and 3 shall not exceed 
575 tpy, each. These units shall burn only No. 2 fuel oil, or natural 
gas, unless otherwise approved by the PADEP. Compliance with the above 
limits shall be established based upon emission data obtained from a 
certified CEM installed, maintained, and operated in accordance with 25 
Pa. Code Chapters 123 and 139, and all stack testing shall be performed 
in accordance with 25 Pa. Code Chapter 139, and the PADEP's Source 
Testing Manual. Annual limits must be met on a rolling monthly basis 
over every consecutive 12 month period. Reductions in the allowable 
emission rates below the levels established by this permit shall not be 
available as ERCs pursuant to 25 Pa. Code section 127.206 unless the 
reductions are achieved through real reductions of actual or allowable 
emissions, whichever is lower, through the installation of controls 
beyond those required by RACT or any other subsequent regulatory 
requirement. West Penn Power Company's Mitchell Station is also subject 
to additional post-RACT requirements to reduce NOX found at 
25 PA Code Chapters 121, 123 and 145.

D. Apollo Gas Company--Shoemaker Station

    Apollo Gas Company's Shoemaker Station is a natural gas compressor 
station located in Bethel Township, Pennsylvania. Shoemaker Station is 
a major VOC and NOX emitting facility. The PADEP issued OP 
03-000-183 to impose RACT for the OEM (lean combustion retrofit 
modifications) on the Cooper GMVH-6 and the Cooper GMVH-6c engines at 
the facility. Apollo Gas Company's Shoemaker Station shall perform 
stack testing by a qualified testing firm on the Cooper GMVH-6 and the 
GMVH-6c engines. This testing will be performed every five years on the 
equipment to determine the emission rates of NOX and VOC. 
Testing shall be conducted while the engines are operating at full load 
and full speed during the ozone season (April to October). Apollo Gas 
Company's Shoemaker Station shall quantify emissions at each engine 
semi-annually using a portable analyzer. The source shall submit a 
complete operating procedure for the portable analyzer, including 
calibration, QA/QC, and emissions calculations methods. Results from 
the stack tests shall be retained on site and be made available to 
PADEP upon request. Stack testing shall be performed in accordance with 
25 PA Code Chapter 139 and the PADEP's Source Testing Manual. Two 
copies of the pre-test protocol shall be submitted to the PADEP for 
review at least 60 days prior to the performance of the test. The PADEP 
shall be notified at least two weeks in advance of the test, so that an 
observer may be present. Two copies of the stack test shall be supplied 
to the PADEP for review within 60 days of the testing. The source shall 
maintain records for at least two years, in accordance with the minimum 
record keeping requirements of 25 PA Code section 129.95. The combined 
allowable emission rates of the two natural gas fueled engines at the 
Shoemaker Station are as follows: For the Cooper GMVH-6, the 
NOX limits are 8.4 lbs/hr, and 37 tpy. The VOC limits for 
this unit are 3.2 lbs/hr, and 14 tpy. For the Cooper GMVH-6c, the 
NOX limits are 7.0 lbs/hr, and 31 tpy. The VOC limits for 
this unit are 4.2 lbs/hr, and 18.5 tpy. Reductions in the allowable 
emission rates below the levels established by this permit shall not be 
available as ERCs pursuant to 25 PA. Code section 127.206 unless the 
reductions are achieved through real reductions of actual or allowable 
emissions, whichever is lower, through the installation of controls 
beyond those required by RACT or any other subsequent regulatory 
requirement. Annual limits must be met on a rolling monthly basis over 
every consecutive 12-month period.

E. Carnegie Natural Gas Company--Fisher Station

    Carnegie Natural Gas Company's Fisher Station, formerly the Apollo 
Gas Company's Fisher Station, is a natural gas compressor station 
located in Redbank Township, Pennsylvania. Carnegie Natural Gas 
Company's Fisher Station is a major VOC and NOX emitting 
facility. The PADEP issued OP 03-000-182 to impose RACT at this source 
for the operation of OEM lean combustion retrofit modifications on an 
Ajax 600 DPC engine, along with a Cooper GMVH-6 (1,350 BHP) engine at 
the Fisher Station. The source shall perform stack testing by a 
qualified testing firm on the Ajax 600 DPC engine. This testing will be 
performed every five years on the equipment to determine the emission 
rates of NOX and VOC. Testing shall be conducted while the 
engines are operating at full load and full speed during the ozone 
season (April to October). Carnegie Natural Gas Company's Fisher 
Station is required to perform stack testing in accordance with 25 PA 
Code Chapter 139 and the PADEP's Source Testing Manual. Two copies of 
the pre-test protocol shall be submitted to the PADEP for review at 
least 60 days prior to the performance of the test. The PADEP shall be 
notified at least two weeks in advance of the test, so that an observer 
may be present. Two copies of the stack test shall be supplied to the 
PADEP for review within 30 days of the testing. In addition, Carnegie 
Natural Gas shall quantify emissions semi-annually from the Ajax 600 
DPC using portable analyzers. The source is required to submit a 
complete operating procedure for the portable analyzer, including 
calibration, QA/AC, and emissions calculation methods. Results from 
these tests shall be retained on-site, and be made available to the 
PADEP upon request. The source shall maintain records for at least two 
years, in accordance with the minimum record keeping requirements of 25 
PA Code section 129.95. The combined allowable emission rates of the 
two natural gas fueled engines at the Fisher Station are as follows: 
For the Ajax 600 DPC engine, the NOX limit is 6.5 g/bhp/hr 
at full load, full speed conditions; 9.0 lbs/hr at other operating 
conditions. On a rolling monthly basis in any consecutive 12 month 
period, NOX emissions may not exceed 40 tons, and VOC limits 
may not exceed 6 tons. For the Cooper GMVH-6 engine (1,350 HP), Fisher 
Station is required to operate this engine in

[[Page 43495]]

accordance with the presumptive RACT limitations identified in 25 PA 
Code 129.93(c)(5), which identifies RACT as the installation, 
maintenance, and operation of the source in accordance with 
manufacturer's specifications. The units shall also be operated and 
maintained in accordance with good air pollution control practices. 
Fisher Station shall keep data that clearly demonstrates that the 
stand-by engine's annual capacity factors are less than five percent, 
or that the operating hours are less than 500 hours per year (hr/yr), 
on a consecutive 12 month basis. Reductions in the allowable emission 
rates below the levels established by this permit shall not be 
available as ERCs pursuant to 25 Pa. Code section 127.206 unless the 
reductions are achieved through real reductions of actual or allowable 
emissions, whichever is lower, through the installation of controls 
beyond those required by RACT or any other subsequent regulatory 
requirement.

F. The Peoples Natural Gas Company--Girty Station

    The Peoples Natural Gas Company's Girty Station is a natural gas 
compressor station located in South Bend Township, Pennsylvania. The 
Peoples Natural Gas Company's Girty Station facility is a major VOC and 
NOX emitting facility. The PADEP issued PA 03-000-076 to 
impose RACT for the installation of Pre-stratified controls on Units 
1,2, and 4 at the Girty Compressor Station. The emission limits of the 
units at the Girty Station are as follows:

----------------------------------------------------------------------------------------------------------------
                                                            NOX limit     NOX limit    NMVOC limit   NMVOC limit
                   Unit                       Model No.     (lbs/hr)        (tpy)       (lbs/hr)        (tpy)
----------------------------------------------------------------------------------------------------------------
Unit #1, I-R..............................       62-KVG           7.9            35           2.0           8.7
Unit #2, I-R..............................       62-KVG           7.9            35           2.0           8.7
Unit #3, C-B..............................        GMV-4          15.4          67.5           0.9           3.8
Unit #4, I-R..............................      103-KVG          13.2          57.8           3.3          14.5
----------------------------------------------------------------------------------------------------------------

    The Peoples Natural Gas Company's Girty Station is required to 
perform stack testing to determine the emission rate of NOX 
as NO22, and non-methane volatile organic compound (NMVOC). 
A pre-test protocol shall be submitted to the PADEP for review at least 
30 days prior to the performance of the test. Stack testing shall be 
performed in accordance with 25 PA Code Chapter 139 and the PADEP's 
Source Testing Manual. The PADEP shall be notified at least two weeks 
in advance of the test, so that an observer may be present. Two copies 
of the stack test shall be supplied to the PADEP for review within 60 
days of the testing. The Waukesha-Climax stand-by generator at the 
Girty Station shall not operate in excess of five percent of the annual 
capacity factor for that engine. All annual limits must be met on a 
rolling monthly basis over every consecutive 12 month period.

G. The Peoples Natural Gas Company--Valley Station

    The Peoples Natural Gas Company's Valley Station is a natural gas 
compressor station located in Cowanshannock Township, Pennsylvania. The 
Peoples Natural Gas Company's Valley Station is a major VOC and 
NOX emitting facility. The PADEP issued PA 03-000-125 to 
impose RACT for the operation of Pre-stratified Charge and Original 
Equipment Manufacturer's type lean combustion controls on Units 1, 3, 
and 4 at the Valley Compressor Station. The emission limits of the 
units at the Valley Station are as follows, where non-methane 
hydrocarbon limits are expressed as NMHC:

----------------------------------------------------------------------------------------------------------------
                                                            NOX limit     NOX limit    NMHC limit    NMHC limit
                   Unit                       Model No.     (lbs/hr)        (tpy)       (lbs/hr)        (tpy)
----------------------------------------------------------------------------------------------------------------
Unit #1, I-R..............................       62-KVG           8.7          38.2           2.2           9.7
Unit #2, I-R..............................       62-KVG          15.9           4.0           0.8           0.5
Unit #3, I-R..............................       48-KVS          17.4          76.2           4.4          19.3
Unit #4, C-B..............................        GMV-6           7.9          34.7           2.0           8.8
Unit #5, I-R..............................        GMV-4          13.9          60.7           0.9           4.0
----------------------------------------------------------------------------------------------------------------

    The Peoples Natural Gas Company's Valley Station is required to 
perform stack testing to determine the emission rate of NOX 
as NO2, and NMHC on units 1 through 5. A pre-test protocol 
shall be submitted to the PADEP for review at least 30 days prior to 
the performance of the test. Stack testing shall be performed in 
accordance with 25 PA Code Chapter 139 and the PADEP's Source Testing 
Manual. The PADEP shall be notified at least two weeks in advance of 
the test, so that an observer may be present. Two copies of the stack 
test shall be supplied to the PADEP for review within 60 days of the 
testing. Unit 2 at the Valley Station shall not operate in excess of 
five percent of the annual capacity factor for that engine. All annual 
limits must be met on a rolling monthly basis over every consecutive 12 
month period.

H. Texas Eastern Transmission Corporation--Delmont Station

    Texas Eastern Transmission Corporation's Delmont Station is a 
natural gas compressor station located in Salem Township, Pennsylvania. 
Texas Eastern Transmission Corporation's Delmont Station is a major VOC 
and NOX emitting facility. The PADEP issued OP 65-000-839 to 
impose RACT for the installation of screw-in precombustion chambers on 
the four (4) Ingersoll-Rand (IR) KVS 412 engines, non-selective 
catalytic reduction (NSCR) on the six (6) IR KVG 410 engines, and the 
implementation of presumptive RACT on one (1) Leroi L3460 engine, one 
(1) Caterpillar AR emergency generator, and five (5) heaters at the 
Delmont Station. Texas Eastern's Delmont Station shall not operate the 
Leroi L 3460 auxiliary generator, the Caterpillar AR emergency 
generator, or the Caterpillar 3412 emergency generator more than 500 
hours annually per engine. The emission rates of the GS MS 5001 turbine 
shall be limited as follows: 230 ppmvd of NOX and annual 
emissions of 440 tpy of NOX (at 15 percent O2); 
and 25 ppmvd of NMVOC, and annual

[[Page 43496]]

emissions of 1 tpy of NMVOC. The emission rates of the Pratt Whitney 
CG3 turbine shall be limited as follows: 160 ppmvd of NOX 
and annual emission of 160 tpy of NOX (at 15 percent 
O2); and 50 ppmvd of NMVOC and annual emissions of 1 tpy of 
MVOC. The emission rates of each Ingersoll Rand KVG 410 engine shall be 
limited as follows: NOX limits of 5 lbs/ hr, and 22 tpy; 
NMVOC limits of 0.5 lbs/hr, and 1.3 tpy. The emission rates of each 
Ingersoll Rand KVG 412 engine shall be limited as follows: 
NOX limits of 18 lbs/ hr, and 78 tpy; NMVOC limits of 3 lbs/
hr, and 12 tpy. Texas Eastern shall use only low ask lubricating oil 
(0.5 percent or less) in the IR KVG-410 engines. The catalytic 
convertor of the IR KVG-410 engines shall be equipped with a high 
temperature alarm and/or shutdown set at 1,350 degrees Fahrenheit or 
less. The catalysts of these engines shall be physically inspected 
annually for damage and fouling. A log shall be kept detailing all 
actions taken to maintain catalyst performance. This file shall be 
maintained for at least two years and made available to PADEP upon 
request. Texas Eastern must continuously monitor and record 
O2 levels prior to the catalyst on each IR KVG-410 engine. 
The O2 levels shall be maintained below 0.5 percent on each 
engine. Texas Eastern's Delmont Station is required to perform a 
minimum of one (1) stack test in accordance with 25 PA Code Chapter 139 
and PADEP's Source Testing Manual on all sources every five years to 
verify emission rates for NOX (as NO2) and NMVOC. 
Testing shall be conducted while engines are operating at full load, 
full speed, and during the ozone season (April to October). All sources 
operating 750 hours or more during the preceding ozone season shall be 
stack tested semi-annually to verify the emission rates through either 
an EPA method stack test or through the use of portable analyzers. All 
sources operating less than 750 hours during the preceding ozone season 
shall be stack tested annually to verify the emission rates through 
either an EPA method stack test or through the use of portable 
analyzers. For those tests utilizing portable analyzers, the source 
shall submit a complete operating procedure, including calibration, QA/
QC, and emissions calculation methods to the PADEP at least 60 days 
prior to testing. The accuracy of the portable analyzer readings shall 
be verified by operation and recording of readings during EPA method 
stack testing. Results from stack test using portable analyzers shall 
be retained by the company at the test location and provided annually 
with the emission statements and at other times as requested by the 
PADEP. Texas Eastern shall submit a pretest protocol for review at 
least 60 days prior to performance of the stack tests. The PADEP shall 
be notified at least two weeks in advance of the test, so that an 
observer may be present. Two copies of the stack test shall be supplied 
to the PADEP for review within 60 days of the testing. Reductions in 
the allowable emission rates below the levels established by this 
permit shall not be available as ERCs pursuant to 25 Pa. Code section 
127.206 unless the reductions are achieved through real reductions of 
actual or allowable emissions, whichever is lower, through the 
installation of controls beyond those required by RACT or any other 
subsequent regulatory requirement. Annual limits must be met on a 
rolling monthly basis over every consecutive 12 month period. The 
source shall maintain records in accordance with the record keeping 
requirements of 25 PA Code section 129.95. At a minimum, the following 
records shall be kept: operating hours, daily fuel consumption, 
operating pressures, and operating temperatures. These records shall be 
maintained for not less than two years and shall be made available to 
PADEP upon request.

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 its SIP-approved RACT regulations applicable to 
these sources. 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 revisions to the Pennsylvania SIP submitted by 
PADEP to establish and require VOC and NOX RACT for eight 
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 4, 2001 without further notice unless EPA 
receives adverse comment by September 19, 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

[[Page 43497]]

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 eight 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 19, 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 eight 
individual sources in the Pittsburgh Beaver Valley area may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Nitrogen Oxides, Ozone, Reporting and 
recordkeeping requirements.

    Dated: August 10, 2001.
Judith Katz,
Acting 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)(176) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (176) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT, for eight sources located in 
the Pittsburgh-Beaver Valley area submitted by the Pennsylvania 
Department of Environmental Protection on January 6, 1995, August 1, 
1995, January 10, 1996, January 21, 1997, February 2, 1999, March 3, 
1999, and April 19, 2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations on the following dates: January 6, 
1995, August 1, 1995, January 10, 1996, January 21, 1997, February 2, 
1999, March 3, 1999, and April 19, 2001.
    (B) The following companies' Plan approvals (PA) or Operating 
permits (OP):
    (1) Pennsylvania Power Company, Bruce Mansfield Plant, PA 04-000-
235, effective December 29, 1994 except for the expiration date.
    (2) West Penn Power Company, Mitchell Station, PA 63-000-016, 
effective June 12, 1995, except for the expiration date.
    (3) Carnegie Natural Gas Company, Fisher Station, OP 03-000-182, 
effective December 2, 1998, except for the Permit Term.
    (4) Apollo Gas Company, Shoemaker Station, OP 03-000-183, effective 
September 12, 1996, except for the Permit Term.
    (5) Texas Eastern Transmission Corporation, Delmont Station, OP 65-
000-839, effective January 9, 1997, except for the Permit Term.
    (6) The Peoples Natural Gas Company, Valley Station, PA 03-000-125, 
effective October 31, 1994 except for the expiration date and the time 
limits in condition 6.
    (7) The Peoples Natural Gas Company, Girty Station, PA 03-000-076, 
effective as extended on October 27, 1995, except for the expiration 
date and time limit in condition 6.
    (8) AES Beaver Valley Partners, Monaca Plant, OP 04-000-446, 
effective as revised on March 23, 2001, 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 paragraph (c)(176)(i) (B) of 
this section.

[FR Doc. 01-20879 Filed 8-17-01; 8:45 am]
BILLING CODE 6560-50-P