[Federal Register Volume 66, Number 161 (Monday, August 20, 2001)]
[Rules and Regulations]
[Pages 43502-43509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20881]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4116a; FRL-7037-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Eighteen 
Individual Sources in the Philadelphia-Wilmington-Trenton 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 18 major sources of volatile 
organic compounds (VOC) and nitrogen oxides (NOX). These 
sources are located in the Philadelphia-Wilmington-Trenton ozone 
nonattainment area (the Philadelphia 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: Melik Spain at (215) 814-2299, the EPA 
Region III address above or by e-mail at [email protected]. Please 
note that while questions may be posed via telephone and e-mail, formal 
comments must be submitted, in writing, as indicated in the ADDRESSES 
section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act 
(CAA), the Commonwealth of Pennsylvania (the Commonwealth or 
Pennsylvania) is required to establish and implement RACT for all major 
VOC and NOX sources. The major source size is determined by 
its location, the classification of that area and whether it is located 
in the ozone transport region (OTR). Under section 184 of the CAA, RACT 
as specified in sections 182(b)(2) and 182(f)) applies throughout the 
OTR. The entire Commonwealth is located within the OTR. Therefore, RACT 
is applicable statewide in Pennsylvania.
    State implementation plan revisions imposing reasonably available 
control technology (RACT) for three classes of VOC sources are required 
under section 182(b)(2). The categories are: (1) All sources covered by 
a Control Technique Guideline (CTG) document issued between November 
15, 1990 and the date of attainment; (2) All sources covered by a CTG 
issued prior to November 15, 1990; (3) All other major non-CTG rules 
were due by November 15, 1992 and apply to the Pennsylvania submittal. 
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 
Philadelphia area, a major source of VOC is defined as one having the 
potential to emit 25 tons per year (tpy) or more, and a major source of 
NOX is also defined as one having the potential to emit 25 
tpy or more. Pennsylvania's RACT regulations require sources, in the 
Philadelphia area, that have the potential to emit 25 tpy or more of 
VOC and sources which have the potential to emit 25 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

[[Page 43503]]

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 Bucks, Chester, Delaware, Montgomery and 
Philadelphia Counties; the limited approval of Pennsylvania's generic 
VOC and NOX RACT regulations shall convert to a full 
approval for the Philadelphia 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 September 20, 1995, April 16, 1996, May 2, 1996, July 2, 1997, 
July 24, 1998, December 7, 1998, April 9, 1999, and April 20, 1999, 
PADEP submitted revisions to the Pennsylvania SIP which establish and 
impose RACT for several sources of VOC and/or NOX. This 
rulemaking pertains to 18 of those sources. The remaining sources are 
or have been the subject of separate rulemakings. The Commonwealth's 
submittals consist of plan approvals and operating permits which impose 
VOC and/or NOX RACT requirements for each source. These 
sources are all located in the Philadelphia 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
----------------------------------------------------------------------------------------------------------------
                                                      Plan approval (PA
             Source                    County           #) operating         Source type       ``Major source''
                                                        permit (OP #)                             pollutant
----------------------------------------------------------------------------------------------------------------
1. Amerada Hess Corp...........  Philadelphia......  PA-51-5009........  Gasoline Terminal.  VOC.
2. Amoco Oil Company...........  Philadelphia......  PA-51-5011........  Gasoline Terminal.  VOC.
3. Cartex Corporation..........  Bucks.............  OP-09-0076........  Synthetic           VOC.
                                                                          Materials
                                                                          Manufacturer.
4. Exxon Company, USA..........  Philadelphia......  PA-51-5008........  Gasoline Terminal.  VOC.
5. GATX Terminals Corporation..  Philadelphia......  PA-51-5003........  Bulk Storage......  VOC.
6. Hatfield Quality Meats,       Montgomery........  OP-46-0013A.......  Meat Packing......  NOX.
 Incorporated.
7. J. L. Clark, Incorporated...  Lancaster.........  OP-36-02009.......  Graphic Arts/       VOC.
                                                                          Surface Coating.
8. Johnson Matthey,              Chester...........  OP-15-0027........  Surface Coating...  VOC/NOX.
 Incorporated.
9. Kurz Hastings, Incorporated.  Philadelphia......  PA-51-1585........  Graphic Arts......  VOC.
10. Lawrence McFadden Company..  Philadelphia......  PA-51-2074........  Paint Manufacturer  VOC.
11. Philadelphia Baking Company  Philadelphia......  PA-51-3048........  Bakery............  VOC.
12. Philadelphia Gas Works.....  Philadelphia......  PA-51-4921........  Natural Gas         NOX.
                                                                          Transmission.
13. PPG Industries,              Delaware..........  OP-23-0005........  Chemical            VOC.
 Incorporated.                                                            Manufacturer.
14. SmithKline Beecham           Montgomery........  OP-46-0035........  Pharmaceutical      VOC/NOX.
 Pharmaceuticals.                                                         Manufacturer.
15. Teva Pharmaceuticals, USA..  Bucks.............  OP-09-0010........  Pharmaceutical      VOC.
                                                                          Manufacturer.
16. The Philadelphian            Philadelphia......  PA-51-6512........  Cogeneration Plant  NOX.
 Condominium Building.
17. Warner Company.............  Chester...........  OP-15-0001........  Lime Kiln.........  NOX.
18. Webcraft Technologies,       Bucks.............  OP-09-0009........  Graphic Arts......  VOC.
 Incorporated.
----------------------------------------------------------------------------------------------------------------

A. Amerada Hess Corp.

    Amerada Hess Corp. (Amerada) operates a gasoline terminal in 
Philadelphia, Pennsylvania. Amerada maintains 3 gasoline and 7 
distillate oil storage tanks. Amerada also operates a loading rack. VOC 
RACT is applicable to Amerada based on the facility's potential 
emissions. Amerada is not a major NOX-emitting source. The 
gasoline and distillate oil storage tanks at this facility are covered 
by existing SIP-approved Pennsylvania VOC RACT regulations. The loading 
rack is equipped with a vapor recovery unit. The Philadelphia Air 
Management Services (AMS) issued PA 50-5009 to Amerada. The PADEP 
submitted PA 50-5009 to EPA as a SIP revisions, on behalf of AMS. The 
AMS determined that VOC RACT for Amerada's fugitive VOC emissions is 
the implementation of a visual leak detection and repair (LDAR) program 
for all pumps, valves, and flanges at the facility. This LDAR program 
will be conducted quarterly. The records containing the details of all 
inspections and repairs will be collected and retained in compliance 
with the RACT requirements of 25 Pa Code 129.91-129.94. All process 
equipment and associated air pollution control

[[Page 43504]]

devices must be maintained and operated in accordance with good 
engineering and air pollution control practices.

B. Amoco Oil Company

    Amoco Oil Company (Amoco) owns and operates a gasoline terminal in 
Philadelphia, Pennsylvania. Amoco maintains 5 gasoline storage tanks 
and operates a loading rack. Amoco is subject to VOC RACT. Amoco is not 
a major NOX-emitting source. The AMS issued PA 50-5011 to 
Amoco. The PADEP submitted PA 50-5011 to EPA as a SIP revision on 
behalf of AMS. The gasoline storage tanks at this facility are covered 
by existing SIP-approved Pennsylvania VOC RACT regulations. The loading 
rack is equipped with a vapor recovery unit. The VOC RACT determination 
for Amoco's fugitive VOC emissions consists of implementation of a LDAR 
program for all pumps, valves, and flanges at the facility. This LDAR 
program will be conducted every other month. The records containing the 
details of all inspections and repairs will be collected and retained 
in compliance with the RACT requirements of 25 Pa Code 129.91-129.94. 
All process equipment and associated air pollution control devices must 
be maintained and operated in accordance with good engineering and air 
pollution control practices.

C. Cartex Corporation

    Cartex Corporation (Cartex) operates a polyurethane foam 
manufacturing line at its facility in Bucks County, Pennsylvania. The 
PADEP issued OP 09-0076 to Cartex and submitted it to EPA as a SIP 
revision. Cartex produces polyurethane foam seat cushions. Urethane is 
injected into a mold along with a mold releasing agent to aid in the 
release of the polyurethane foam seat cushions. There are cleaning 
activities associated with the use of polyurethane on this production 
line that are responsible for fugitive VOC emissions. VOC RACT is 
applicable to Cartex based on the facility's potential emissions. 
Cartex is not a major NOX-emitting source. Cartex is subject 
to SIP-approved RACT regulation 25 Pa Code 129.91-129.95. OP 09-0076 
requires the use of electrostatic or high volume low pressure 
application equipment for the application of the mold releasing agents 
employed at this facility. The operating permit imposes VOC emission 
limits of 28.1lbs/hr and 49 tons per year (tpy) from Cartex's 
polyurethane foam manufacturing line and 2.7 tpy from the use of clean-
up solvents. The annual limits must be met on a rolling monthly basis 
over every consecutive 12 month period. The OP includes the record-
keeping requirements necessary to demonstrate compliance. All process 
equipment and associated air pollution control devices must be 
maintained and operated in accordance with good engineering and air 
pollution control practices.

D. Exxon Company, U.S.A.

    Exxon Company, U.S.A. (Exxon) owns and operates a gasoline terminal 
in Philadelphia, Pennsylvania. The site stores gasoline, distillate 
oil, and additives in its 13 storage tanks. This facility also operates 
a loading rack. Exxon is subject to VOC RACT based on the facility's 
potential emissions. Exxon is not a major NOX-emitting 
source. The gasoline, distillate oil and additive storage tanks at this 
facility are covered by existing SIP-approved Pennsylvania VOC RACT 
regulations. The loading rack is equipped with a vapor recovery unit. 
The AMS issued PA 51-5008 to Exxon, and PADEP submitted it to EPA as a 
SIP revision. The AMS determined RACT for Exxon's fugitive VOC 
emissions as the implementation of a LDAR program for all pumps, 
valves, and flanges at the facility. This LDAR program shall be 
conducted quarterly. The records containing the details of all 
inspections and repairs will be collected and retained in compliance 
with the RACT requirements of 25 Pa Code 129.91-129.94. All process 
equipment and associated air pollution control devices must be 
maintained and operated in accordance with good engineering and air 
pollution control practices.

E. GATX Terminals Corporation

    GATX Terminals Corporation (GATX) owns and operates a bulk storage 
terminal in Philadelphia, Pennsylvania. The facility's operations 
include loading and unloading a mixture of organic compounds from barge 
or ship to storage tanks. Tank rail cars and trucks are loaded from the 
storage tanks. Support equipment involved in maintaining these 
operations include, a thermal oxidizer, boilers, oil/water separators, 
and storage tanks. Fugitive emissions come from the many valves, 
flanges, and pumps located throughout the terminal. Based on the 
potential emissions, GATX is subject to a case-by-case VOC and 
NOX RACT evaluation pursuant to 25 Pa Code 129.91(d). The 
AMS issued PA-51-5003 to GATX to establish VOC and NOX RACT, 
and PADEP submitted it to EPA as a SIP revision. The PA imposes an 
annual VOC emissions limit of 59 tpy for GATX's marine vessel loading 
operations. The marine vessel loading operations will not process 
petroleum distillate with a vapor pressure greater than 4 Reid vapor 
pressure (RVP). The 11 tank/truck loading racks are limited to a vapor 
pressure lower than 4 RVP when processing organic liquids. An emissions 
cap of 129 tpy of VOC applies to the tank/truck loading racks. The 
annual limits must be met on a rolling monthly basis over every 
consecutive 12 month period. There are 6 loading racks that vent to a 
thermal oxidizer in compliance with 25 Pa Code 129.59. GATX operates 2 
boilers in compliance with 25 Pa Code 129.93(c)(1). The storage tanks 
at this facility are also regulated by existing SIP-approved 
Pennsylvania RACT regulations. AMS' case-by-case determination for 
GATX's fugitive VOC emissions imposes implementation of an LDAR program 
for all pumps, valves, and flanges at the facility. This LDAR program 
will be conducted quarterly. The records containing the details of all 
inspections and repairs will be collected and retained in compliance 
with the RACT requirements of 25 Pa Code 129.91-129.94. All process 
equipment and associated air pollution control devices must be 
maintained and operated in accordance with good engineering and air 
pollution control practices.

F. Hatfield Quality Meats, Incorporated

    Hatfield Quality Meats, Incorporated (Hatfield) is a meat packing 
facility. The majority of the emission sources at this facility are 
subject to SIP-approved presumptive RACT regulations found in Pa Code 
129.93, with the exception of a Cleaver-Brooks boiler rated at 50 
million British thermal units per hour (MMBtu/hr). All sources above de 
minimis levels at this facility are already regulated by existing 
requirements. The PADEP issued OP 46-0013A to Hatfield restricting the 
heat input of the Hatfield Cleaver-Brooks boiler to no more than 49 
MMBtu/hr. This boiler is subject to 25 Pa Code 129.93(b)(2).

G. J. L. Clark, Incorporated

    J. L. Clark Inc. (J. L. Clark) operates a decorative metal can 
coating and graphic arts facility in Lancaster County, Pennsylvania. J. 
L. Clark produces high quality metal cans using automation, state of 
the art computerized graphics and precision lithography. J. L. Clark 
uses high solids coatings. The sources subject to a case-by-case VOC 
RACT evaluation pursuant to 25 Pa Code 129.91(d) include 3 surface 
coating lines and 3 printing/surface coating lines. J. L. Clark is not 
a major NOX-emitting source. The Commonwealth issued OP 36-
02009 to require RACT for the

[[Page 43505]]

coating operations as the use of surface coatings that meet the 
allowable limits listed in 25 Pa Code 129.52 for miscellaneous metal 
parts, or use of incineration to comply with the control efficiency 
requirements of 25 Pa Code 129.52 (b)(2), with incineration occurring 
at a minimum operating temperature of 1400 degrees F with a minimum 
retention time of 0.3 seconds. The heatset lithographic printing 
operations at this facility will also use thermal incineration to 
control the VOCs from the dryers exhaust. Incineration shall not be 
used when printing inks or varnishes cover less than 50 percent of the 
sheets as this level of coverage represents minor emissions. OP-36-
02009 requires improved work practice standards for the cleaning 
operations. Records containing data necessary to calculate the VOC 
content of the coatings and cleaning solvents must be kept by J. L. 
Clark and reported to the PADEP annually. All process equipment and 
associated air pollution control devices must be maintained and 
operated in accordance with good engineering and air pollution control 
practices.

H. Johnson Matthey, Incorporated

    Johnson Matthey, Incorporated (Johnson Matthey), operates a 
catalytic converter manufacturing and Research and Development (R&D) 
facility in Chester County, Pennsylvania. Johnson Matthey uses 5 
surface coating lines and various drying ovens to manufacture 
autocatalysts. The majority of this facility's VOC and NOX 
emissions result from the exhaust released from the thermal breakdown 
of the coatings applied to the autocatalysts. Johnson Matthey currently 
uses caustic scrubbing to treat the exhaust that comes from the ovens. 
Caustic scrubbing helps to remove acetic acid, acetaldehyde, 
formaldehyde, and hydrochloric acid at high efficiencies. The 
combination of these chemicals in addition to acetone excludes other 
VOC and NOX control technologies (i.e., carbon adsorption 
and incineration) from consideration. The Commonwealth issued a revised 
version of OP 15-0027 to Johnson Matthey on April 15, 1999 to establish 
VOC and NOX RACT. The OP imposes VOC limits of 3.0 lbs/hr, 
15.0 lbs/day and 2.7 tpy on the Devon I & II Hoods, Devon I Oven and 
Devon II Engine Test Cells and annual NOX limits of 0.08 
tpy, 2.1 tpy and 11.0 tpy, respectively on these units. Lines No. 1 & 2 
PGM Drying Ovens, PGM Coater, and Stabilizer & Hard Fire Drying Ovens 
are limited to 98.3 tpy of NOX. Lines No. 3 & 4 Stabilizer, 
Hard Fire and PGM Drying Ovens, and lines No. 3 & 4 PGM coater, Devon 
II PGS Coater and Devon II PSG Oven are limited to annual 
NOX limits of 26.6 tpy. The OP also imposes an operational 
limitation of 500 hr/year on the facility's Detroit Emergency Generator 
and Caterpillar Emergency Generators. The OP imposes pressure drop 
requirements and other operational requirements on the facility's 
scrubbers. All annual limits must be met on a rolling monthly basis 
over every consecutive 12 month period. All process equipment and any 
associated air pollution control devices must be maintained and 
operated in accordance with good engineering and air pollution control 
practices. The OP requires Johnson Matthey to record and maintain all 
the information necessary to determine compliance in accordance with 25 
Pa Code section 129.95.

I. Kurz Hastings Incorporated

    Kurz Hastings, Incorporated (Kurz), owns and operates a printing 
facility in Philadelphia, Pennsylvania. The facility is equipped with 
an ink mixing area that consists of mixing vessels, storage tanks, and 
drums containing raw materials. The mixing room and the cleaning 
operations at the facility are subject to a case-by-case RACT 
evaluation. Based on the potential emissions, Kurz is subject to a 
case-by-case VOC RACT evaluation pursuant to 25 Pa Code 129.91(d).
    The AMS issued PA 51-1585 to Kurz imposing work practice standards 
on the ink mixing area as RACT. The PADEP submitted PA 51-1585 to EPA 
as a SIP revision on behalf of AMS. Kurz will comply with RACT for VOC 
by implementing work practices including that all containers of VOC 
materials be covered when not in use, that the mixing stations be 
equipped with lids to minimize emissions while in use, that 
instructions be posted to prevent spills, that all spills be cleaned-up 
immediately and all cleaning materials be disposed of in closed 
containers. The OP specifies that the combustion sources at Kurz are 
subject to the SIP-approved presumptive RACT limits of 25 Pa Code 
129.93(c). All combustion sources must be installed, operated, and 
maintained in accordance with manufacturers' specifications. The 
records containing the details necessary to determine compliance will 
be collected and retained in compliance with the RACT requirements of 
25 Pa Code 129.91-129.94. All process equipment and associated air 
pollution control devices must be maintained and operated in accordance 
with good engineering and air pollution control practices.

J. Lawrence McFadden Company

    The Lawrence McFadden Company (Lawrence) is a paint manufacturing 
facility. The paint manufacturing process involves blending pigments 
with solvents. These mixtures are packaged as final product. The 
majority of Lawrence's fugitive emissions come from its lacquer 
manufacturing area. Lawrence is subject to a case-by-case VOC RACT 
evaluation pursuant to 25 Pa Code 129.91(d). The AMS issued PA 51-2074 
to Lawrence to establish VOC RACT, and PADEP submitted it to EPA as a 
SIP revision. The PA imposes a 50 tpy limit of VOC on the facility to 
be met on a rolling monthly basis over every consecutive 12 month 
period. The PA also imposes improved operating procedures and standards 
in accordance with CTG, Control of VOC Emissions from Ink and Paint 
Manufacturing Processes, EPA-450/3/92-013. The PA also specifies that 
the 2 combustion sources at Lawrence are subject to the SIP-approved 
presumptive RACT limits of 25 Pa Code 129.93(c). All combustion sources 
must be installed, operated, and maintained in accordance with 
manufacturers' specifications. The records containing the details 
necessary to determine compliance will be collected and retained in 
compliance with the RACT requirements of 25 Pa Code 129.91-129.94. All 
process equipment and associated air pollution control devices must be 
maintained and operated in accordance with good engineering and air 
pollution control practices.

K. Philadelphia Baking Company

    Philadelphia Baking Company (PBC), owns and operates a bread 
production facility in Philadelphia, Pennsylvania. The facility 
operates 2 baking ovens (A & B) and 2 boilers (#1 & #2). The boilers 
each have a rated capacity of less than 10 MMBtu/hr and fire natural 
gas or propane. The oven heaters fire natural gas or propane. The 
baking ovens emit VOC (ethanol) from miscellaneous baking products 
(yeast products) driven off during the baking process. PA-51-3048 was 
issued to PBC by AMS to establish VOC RACT, and PADEP submitted it to 
EPA as a SIP revision. AMS requires the use of a catalytic oxidizer on 
baking ovens A and B. The catalytic oxidizer must comply with the SIP-
approved RACT requirements of 25 Pa Code 129.91(f). The two small 
boilers are subject to the SIP-approved presumptive RACT limits of 25 
Pa Code 129.93(c). The records containing the details necessary to 
determine compliance will be collected and retained in compliance with 
the RACT

[[Page 43506]]

requirements of 25 Pa Code 129.91-129.94. All process equipment and 
associated air pollution control devices must be maintained and 
operated in accordance with good engineering and air pollution control 
practices.

L. Philadelphia Gas Works

    Philadelphia Gas Works (PGW) owns and operates a natural gas 
storage and distribution facility in Philadelphia, Pennsylvania. The 
facility's emissions result from the use of boilers, natural gas 
heaters, natural gas engines for electric generation, liquified 
petroleum (LP)-Air natural gas turbines, and LPG vaporizers. Based on 
the potential emissions, PGW is subject to a case-by-case 
NOX RACT evaluation pursuant to 25 Pa Code 129.91(d). This 
facility is not a major source of VOC. The Philadelphia AMS issued PA 
51-4921 to PGW to establish NOX RACT, and PADEP submitted it 
to EPA as a SIP revision. The PA requires the shutdown of PGW's two 96 
MMBtu/hr synthetic natural gas boilers and 6 natural gas engines, and 
the replacement of these boilers with three 58.7 MMBtu/hr boilers that 
fire natural gas only and are equipped with Peabody parallel flow 
multi-staged low NOX burners. These boilers are limited to 
0.1 lbs of NOX/MMBtu. PA 51-4921 requires that PGW conduct 
performance tests on these boilers. The remainder of the combustion 
sources at this facility are subject to the SIP-approved presumptive 
RACT requirements of 25 Pa Code 129.93(c). The records containing the 
details necessary to determine compliance will be collected and 
retained in compliance with the RACT requirements of 25 Pa Code 129.91-
129.94. All process equipment and associated air pollution control 
devices must be maintained and operated in accordance with good 
engineering and air pollution control practices.

M. PPG Industries, Incorporated

    PPG Industries, Incorporated (PPG) located in Delaware County, 
Pennsylvania, manufactures a variety of surfactants via batch 
processing. The facility includes a CI filter press, drop tanks, still 
feed tank, vacuum pump/atmospheric receiver, slurry tanks and a number 
of surge, recovery, and storage tanks containing fatty acids, alcohols 
and other non-ionics. The VOC emissions emanate primarily from the use 
of isopropyl alcohol (IPA). The facility's fugitive emissions result 
from leaking valves, pumps, and flanges. Based on the potential 
emissions, PPG is subject to a case-by-case VOC RACT evaluation 
pursuant to 25 Pa Code 129.91(d). This facility is not a major 
NOX-emitting source. The PADEP imposes RACT for PPG in OP 
23-0005. The PPG must use a catalytic thermal oxidizer (CTO) to control 
VOC emissions from the CI filter press, drop tanks, still feed tank, 
vacuum pump/atmospheric receiver, and slurry tanks. The operation of 
these sources must be terminated if the CTO is inoperable. The overall 
efficiency of the CTO must be 95 percent. The CTO must maintain a 
minimum temperature of 470 degrees F and must be equipped with a visual 
means of monitoring the secondary combustion chamber exit gas 
temperature. There are two (2) drop tanks at this facility that will 
use a water cooled condenser as the primary control device, prior to 
being vented to the CTO. The dryer vacuum pump/atmospheric receiver's 
primary control device is a chilled IPA condenser which must achieve an 
overall 90 percent removal efficiency prior to being vented to the CTO. 
The condenser controlling the drop tanks must maintain a temperature of 
100 degrees F or less, and the condenser controlling the dryer vacuum 
pump/atmospheric receiver must maintain a temperature of 80 degrees F 
or less. The CI filter press, drop tanks, still feed tank, vacuum pump/
atmospheric receiver, slurry tanks identified as Sources, 101, 102a, 
102b, 103, 104, 105a and 105 b must limit their VOC emissions to 26.5 
lbs/hr, and 8.80 tpy. The alcohol and fatty acid tanks identified as 
Sources 106a and 106b are limited to VOC emissions of 0.5 lbs/hr and 
4.4 tpy. The CI piping component fugitives identified as Source 108 
must limit VOC emissions to 9.2 lbs/hr and 15.0 tpy. The non-IPA 
fugitive emissions identified as Source 109 must limit VOC emissions to 
9.2 lbs/hr and 15.0 tpy. The CI reactor at this facility is a de 
minimis source of VOC emissions and is limited by OP 23-0005 to VOC 
emissions rates of no greater than 3.0 lbs/hr, 15.0 lbs/day, and 2.7 
tpy. The records containing the details necessary to determine 
compliance will be collected and retained in compliance with 25 Pa Code 
129.95. All process equipment and associated air pollution control 
devices must be maintained and operated in accordance with good 
engineering and air pollution control practices.

N. SmithKline Beecham Pharmaceuticals

    SmithKline Beecham Pharmaceuticals (SmithKline) operates a Research 
and Development (R&D) facility located in Montgomery County, 
Pennsylvania. The R&D facility develops new pharmaceutical products. 
SmithKline is a major emitter of both NOX and VOC. The PADEP 
issued OP 46-0035 to impose VOC and NOX RACT for SmithKline. 
Boilers 2 and 3W, rated at 51 MMBtu/hr, are derated to 49 MMBtu/hr. The 
OP requires the installation of flow transmitters on the existing 
natural gas orifice plates to permanently restrict the maximum gross 
heat input of the boilers. The OP specifies a natural gas and fuel oil 
limitations of less than 49,000 ft\3\/hr. and 327 gallons/hr, 
respectively. Boilers 44 and 45 will operate low NOX burners 
with flue gas recirculation. The total amount of No. 2 fuel oil fired 
in Boilers 44 and 45 shall not exceed 478 and 286 gallons, respectively 
in any 12-month rolling period. NOX emissions from the 
boilers are limited to 30 ppm corrected to 3.0 percent oxygen content 
when firing natural gas and to 140 ppm corrected to 3.0 percent oxygen 
when firing No. 2 fuel oil, and 8.2 tpy in a 12 month rolling period. 
The remainder of the boilers at this facility over 20 MMBtu/hr must 
perform annual adjustments under 25 Pa Code Sec. 129.93(b)(2) in 
accordance with EPA guidance document, Combustion Efficiency 
Optimization Manual for Operators of Oil and Gas-fired Boilers, EPA-
340/1-83-023, September 1983. The VOC RACT analysis determined that 
RACT for the boilers (5-15, 1 and 4W) along with the 3 pathological 
waste incinerators and the emergency generators will be maintenance and 
operation in accordance with the manufacturer's specifications and good 
air pollution engineering control practices. The boilers at this 
facility have low concentrations of VOC emissions in the exhaust 
streams. There are no technically viable control technologies for 
controlling VOC emissions at these low levels. OP 46-0035 specifies 
that SmithKline will apply white paint to its ethyl acetate storage 
tanks (V-301-V-306) or install new pressure relief vents. All 
requirements and records necessary to determine compliance are 
specified in OP 46-0035. All process equipment and associated air 
pollution control devices must be maintained and operated in accordance 
with good engineering and air pollution control practices.

O. Teva Pharmaceuticals USA

    Teva Pharmaceuticals USA (Teva) operates a pharmaceutical 
manufacturing facility in Bucks County, Pennsylvania. Teva manufactures 
acetaminophen. Production of acetaminophen tablets involve mixing a 
binding agent in solution with isopropyl alcohol. The VOC emissions 
emanate as the alcohol is removed from the product during the drying 
stage in the ovens.

[[Page 43507]]

The PADEP issued OP 09-0010 to Teva. The PADEP determined VOC emissions 
have been reduced drastically due to Teva's use of the direct 
compression process in their acetaminophen production operations. 
Direct compression does not require the use of a binding agent to 
produce a granulated product for compression on the tablet press. The 
PADEP RACT determination requires Teva to use less isopropyl alcohol 
and to employ no dryer in this new manufacturing process. Total VOC 
emissions from the facility shall not exceed 24.0 tpy calculated as a 
12 month rolling sum over every consecutive 12 month period. The 
records containing the details necessary to determine compliance will 
be collected and retained in compliance with 25 Pa Code 129.95.

P. The Philadelphian Condominium Building

    The Philadelphian Condominium Building (PCB) owns and operates a 
2,200 horse power Cooper Superior dual fuel reciprocating engine in its 
condominium building. The engine burns natural gas and diesel fuel. 
Based on the potential emissions, PCB is subject to a case-by-case 
NOX RACT evaluation pursuant to 25 Pa Code 129.91(d). This 
facility is not a major VOC-emitting source. The Philadelphia AMS 
issued PA 51-6512 to PCB, and PADEP submitted it to EPA as a SIP 
revision. The AMS determined NOX RACT for PCB to be the 
implementation of injection timing retard on its dual fuel 
reciprocating engine. The PA limits the NOX emissions from 
the stack outlet to 4.1 grams per brake-horsepower-hour and 69 tpy. The 
annual limit must be met on a rolling monthly basis over every 
consecutive 12 month period. The records containing the details 
necessary to determine compliance will be collected and retained in 
compliance with the RACT requirements of 25 Pa Code 129.91-129.94.

Q. Warner Company

    Warner Company (Warner) located in Chester County, Pennsylvania 
manufactures lime. Warner operates two (2) rotary lime kilns that fire 
pulverized bituminous coal. Rotary lime kiln No. 2 has a heat capacity 
of 95 MMBtu/hr. Rotary lime kiln No. 3 is rated at 85 MMBtu/hr. Warner 
is a major source of NOX. Warner is not subject to a case-
by-case VOC RACT evaluation pursuant to 25 Pa Code 129.91(d). The PADEP 
imposes RACT in OP 15-0001. The OP requires the installation of an 
oxygen combustion analyzer for rotary lime kilns No. 2 & 3. The 
NOX limit for kiln No. 2 is 0.45 lbs of NOX/MMBtu 
when firing pulverized bituminous coal and 0.46 lbs/MMBtu of 
NOX from Kiln No. 3 when firing pulverized bituminous coal. 
The hours of operation of the No. 2 & 3 lime kilns is limited to 7,920 
hr/year to be met on a rolling monthly basis over every consecutive 12 
month period. The PADEP determined that Warner's use of oxygen 
analyzers to fine tune the air flow rate in the combustion chamber of 
their pulverized coal fired kilns to reduce NOX as RACT. The 
OP requires that stack testing be performed in accordance with 25 Pa 
Code Chapter 139 and with additional conditions specified in OP 15-
0001. All requirements and records necessary to determine compliance 
are specified in OP 15-0001.

R. Webcraft Technologies, Incorporated

    Webcraft Technologies, Incorporated (Webcraft), operates a graphic 
arts facility. Webcraft is subject to both case-by-case VOC and 
NOX RACT evaluations pursuant to 25 Pa Code 129.91(d). The 
PADEP issued OP 09-0009 to Webcraft to impose VOC and NOX 
RACT. Total facility emissions of VOC (excluding Press No. 18) are 
limited to no more than 40.5 tpy. Total facility emissions of 
NOX from all combustion sources (excluding Press No. 18) are 
limited to no more than 24.23 tpy. Annual limits are to be met on a 
rolling monthly basis over every consecutive 12 month period. Webcraft 
uses 7 heatset web offset lithographic printing presses and 2 
electropresses. The primary contributor of VOC emissions in these 
processes is the solvent in the ink, which is driven off in the drying 
ovens. VOC emissions at this facility also come from fountain solutions 
and cleaning solvents. Webcraft operates an automatic blanket washing 
system to remove ink from various press components, while some cleaning 
solvents are applied manually. The PADEP imposed VOC control 
requirements consistent with the September 1993 CTG (EPA-453/D-95-001) 
for the Offset Lithographic Printing Industry. The PADEP determined 
RACT for Webcraft's cleaning solvents as maintenance of low vapor 
pressure solutions. The fountain solution used on the printing presses 
does not contain isopropyl alcohol. Instead, Webcraft is required to 
use alcohol substitutes (2-butoxyethanol or butyl cellusolve) in its 
fountain solution. OP-09-0009 limits the fountain solution to a 
concentration of 3.0 percent of VOC or the use of refrigeration at or 
below 60 degrees F. The Combustion Engineering boiler (49 MMBtu/hr) and 
the Brian Water Tube boiler are limited to operating restrictions of 
2,880 hours and 4,368 hours respectively during any 12-month rolling 
period. The Combustion Engineering Boiler's fuel consumption is limited 
to 99,360 gallons of No. 2 fuel oil per year. The 2 electropresses in 
use at this facility contain dryers that are designed to evaporate and 
remove toner solvents from the web, treat the solvent laden exhaust, 
and recycle a part of the treated exhaust air to the process with an 
efficiency of 99 percent. OP 09-0009 imposes more stringent 
requirements in conditions 12. A-M on Press No. 18. These include the 
use of a thermal oxidizer with a inlet temperature of 550 degrees F and 
a minimum destruction efficiency of 95 percent. Press No. 18 may only 
be operated when the thermal oxidizer and dryer are operational. The 
VOC emissions from Press No. 18 due to ink usage is limited to 5.15 tpy 
calculated as 20 percent of the ink retained on the paper and 95 
percent of the ink leaving the press being destroyed by the thermal 
oxidizer. The total VOC from Press No. 18 from the use of ink, wetting, 
fountain solution and blanket wash/up clean-up solvent shall be limited 
to 7.40 tpy. The NOX emissions from the dryer are limited to 
0.53 lbs/hr and 2.32 tpy. The VOC and NOX emission sources 
at this facility will be operated and maintained in a manner consistent 
with good air pollution engineering control practices. All requirements 
and records necessary to determine compliance are specified in OP 09-
0009.

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

    EPA is approving Pennsylvania's RACT SIP submittals because AMS and 
PADEP established and imposed these RACT requirements in accordance 
with the criteria set forth in the SIP-approved RACT regulations 
applicable to these sources. The Commonwealth 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 SIP revisions to the Pennsylvania SIP 
submitted by PADEP to establish and require VOC and NOX RACT 
for 18 major sources located in the Philadelphia 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

[[Page 43508]]

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 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 18 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 18 
individual sources in the Philadelphia 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 M. 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)(156) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (156) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT determinations for sources 
located in the Philadelphia area submitted by the Pennsylvania 
Department of Environmental Protection on September 20, 1995, April 16, 
1996, May 2, 1996, July 2, 1997, July 24, 1998, December 7, 1998, April 
9, 1999, and April 20, 1999.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT

[[Page 43509]]

determinations, in the form of plan approvals and operating permits on 
September 20, 1995, April 16, 1996, May 2, 1996, July 2, 1997, July 24, 
1998, December 7, 1998, April 9, 1999, and April 20, 1999.
    (B) Plan approvals (PA), Operating permits (OP) issued to the 
following sources:
    (1) Amerada Hess Corp., PA-51-5009, for PLID 5009, effective May 
29, 1995.
    (2) Amoco Oil Company, PA-51-5011, for PLID 5011, effective May 29, 
1995.
    (3) Cartex Corporation, OP-09-0076, effective April 9, 1999, except 
for the expiration date.
    (4) Exxon Company, U.S.A., PA-51-5008, for PLID 5008, effective May 
29, 1995.
    (5) GATX Terminals Corporation, PA-51-5003, for PLID 5003, 
effective May 29, 1995.
    (6) Hatfield, Inc., OP-46-0013A, effective January 9, 1997 (as 
revised October 1, 1998), except for the expiration date.
    (7) J. L. Clark, Inc., OP-36-02009, effective April 16, 1999, 
except for the expiration date.
    (8) Johnson Matthey, Inc., OP-15-0027, effective August 3, 1998 (as 
revised April 15, 1999), except for the expiration date.
    (9) Kurz Hastings, Inc., PA-51-1585, for PLID 1585, effective May 
29, 1995.
    (10) Lawrence McFadden, Inc., PA 51-2074, for PLID 2074, effective 
June 11, 1997.
    (11) Philadelphia Baking Company, PA-51-3048, for PLID 3048, 
effective April 10, 1995.
    (12) Philadelphia Gas Works, PA-51-4921, for PLID 4921, effective 
May 29, 1995.
    (13) PPG Industries, Inc., OP-23-0005, effective June 4, 1997, 
except for the expiration date.
    (14) SmithKline Beecham Pharmaceuticals, OP-46-0035, effective 
March 27, 1997 (as revised October 20, 1998), except for the expiration 
date.
    (15) Teva Pharmaceuticals USA, OP-09-0010, effective April 9, 1999, 
except for the expiration date.
    (16) The Philadelphian Condominium Building, PA-51-6512, for PLID 
6512, effective May 29, 1995.
    (17) Warner Company, OP-15-0001, effective July 17, 1995 except for 
the expiration date.
    (18) Webcraft Technologies, Inc., OP-09-0009, effective April 18, 
1996 (as revised October 15, 1998), except for the expiration date.
    (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)(156)(i)(B) of 
this section.

[FR Doc. 01-20881 Filed 8-17-01; 8:45 am]
BILLING CODE 6560-50-U