[Federal Register Volume 66, Number 161 (Monday, August 20, 2001)]
[Rules and Regulations]
[Pages 43497-43502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20883]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4128a; FRL-7038-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Five 
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

[[Page 43498]]

Pennsylvania Department of Environmental Protection (PADEP) to 
establish and require reasonably available control technology (RACT) 
for five 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; Allegheny County Health Department, Bureau of 
Environmental Quality, Division of Air Quality, 301 39th Street, 
Pittsburgh, Pennsylvania 15201 and the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto at (215) 814-2182, the EPA 
Region III address above or by e-mail at [email protected]. Please 
note that while questions may be posed via telephone and e-mail, formal 
comments must be submitted, in writing, as indicated in the ADDRESSES 
section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act 
(CAA), the Commonwealth of Pennsylvania (the Commonwealth or 
Pennsylvania) is required to establish and implement RACT for all major 
VOC and NOX sources. The major source size is determined by 
its location, the classification of that area and whether it is located 
in the ozone transport region (OTR). Under section 184 of the CAA, RACT 
as specified in sections 182(b)(2) and 182(f)) applies throughout the 
OTR. The entire Commonwealth is located within the OTR. Therefore, RACT 
is applicable statewide in Pennsylvania. State implementation plan 
revisions imposing reasonably available control technology (RACT) for 
three classes of VOC sources are required under section 182(b)(2). The 
categories are: (1) All sources covered by a Control Technique 
Guideline (CTG) document issued between November 15, 1990 and the date 
of attainment; (2) all sources covered by a CTG issued prior to 
November 15, 1990; and (3) all major non-CTG sources. The regulations 
imposing RACT for these non-CTG major sources were to be submitted to 
EPA as SIP revisions by November 15, 1992 and compliance required by 
May of 1995.
    The Pennsylvania SIP already includes approved RACT regulations for 
all sources and source categories covered by the CTGs. On February 4, 
1994, PADEP submitted a revision to its SIP to require major sources of 
NOX and additional major sources of VOC emissions (not 
covered by a CTG) to implement RACT. The February 4, 1994 submittal was 
amended on May 3, 1994 to correct and clarify certain presumptive 
NOX RACT requirements. In the Pittsburgh area, a major 
source of VOC is defined as one having the potential to emit 50 tons 
per year (tpy) or more, and a major source of NOX is defined 
as one having the potential to emit 100 tpy or more. Pennsylvania's 
RACT regulations require sources, in the Pittsburgh area, that have the 
potential to emit 50 tpy or more of VOC and sources which have the 
potential to emit 100 tpy or more of NOX comply with RACT by 
May 31, 1995. The regulations contain technology-based or operational 
``presumptive RACT emission limitations'' for certain major 
NOX sources. For other major NOX sources, and all 
major non-CTG VOC sources (not otherwise already subject to RACT under 
the Pennsylvania SIP), the regulations contain a ``generic'' RACT 
provision. A generic RACT regulation is one that does not, itself, 
specifically define RACT for a source or source categories but instead 
allows for case-by-case RACT determinations. The generic provisions of 
Pennsylvania's regulations allow for PADEP to make case-by case RACT 
determinations that are then to be submitted to EPA as revisions to the 
Pennsylvania SIP. On March 23, 1998 EPA granted conditional limited 
approval to the Commonwealth's generic VOC and NOX RACT 
regulations (63 FR 13789). In that action, EPA stated that the 
conditions of its approval would be satisfied once the Commonwealth 
either (1) certifies that it has submitted case-by-case RACT proposals 
for all sources subject to the RACT requirements currently known to 
PADEP; or (2) demonstrate that the emissions from any remaining subject 
sources represent a de minimis level of emissions as defined in the 
March 23, 1998 rulemaking. On April 22, 1999, PADEP made the required 
submittal to EPA certifying that it had met the terms and conditions 
imposed by EPA in its March 23, 1998 conditional limited approval of 
its VOC and NOX RACT regulations by submitting 485 case-by-
case VOC/ NOX RACT determinations as SIP revisions and 
making the demonstration described as condition 2, above. EPA 
determined that Pennsylvania's April 22, 1999 submittal satisfied the 
conditions imposed in its conditional limited approval published on 
March 23, 1998. On May 3, 2001 (66 FR 22123), EPA published a 
rulemaking action removing the conditional status of its approval of 
the Commonwealth's generic VOC and NOX RACT regulations on a 
statewide basis. The regulation currently retains its limited approval 
status. Once EPA has approved the case-by-case RACT determinations 
submitted by PADEP to satisfy the conditional approval for subject 
sources located in Allegheny, Armstrong, Beaver, Butler, Fayette, 
Washington, and Westmoreland Counties; the limited approval of 
Pennsylvania's generic VOC and NOX RACT regulations shall 
convert to a full approval for the Pittsburgh area.
    It must be noted that the Commonwealth has adopted and is 
implementing additional ``post RACT requirements'' to reduce seasonal 
NOX emissions in the form of a NOX cap and trade 
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule 
developed by the States in the OTR. That rule's compliance date is May 
1999. That regulation was approved as SIP revision on June 6, 2000 (65 
FR 35842). Pennsylvania has also adopted regulations to satisfy Phase I 
of the NOX SIP call and submitted those regulations to EPA 
for SIP approval. Pennsylvania's SIP revision to address the 
requirements of the NOX SIP Call Phase I consists of the 
adoption of Chapter 145--Interstate Pollution Transport Reduction and 
amendments to Chapter 123--Standards for Contaminants. On May 29, 2001 
(66 FR 29064), EPA proposed approval of the Commonwealth's 
NOX SIP call rule SIP submittal. EPA expects to publish

[[Page 43499]]

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.

II. Summary of the SIP Revisions

    On July 1, 1997 and April 19, 2001, PADEP submitted revisions to 
the Pennsylvania SIP which establish and impose RACT for several major 
sources of VOC and/or NOX. This rulemaking pertains to five 
of those sources. The remaining sources are or have been the subject of 
separate rulemakings. The Commonwealth's submittals consist of plan 
approval and agreement upon consent orders (COs) and enforcement orders 
(EOs) issued by the Allegheny County Health Department (ACHD). These 
five sources are located in the Pittsburgh area. The table below 
identifies the sources and individual COs and EO 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
----------------------------------------------------------------------------------------------------------------
                                                      Consent Order
                                                          (CO#),                                ``Major source''
             Source                    County       Enforcement Order        Source type           pollutant
                                                          (EO#)
----------------------------------------------------------------------------------------------------------------
Pruett Schaffer, Chemical        Allegheny........  CO 266...........  Paint and related       VOC
 Company.                                                               coatings.
PPG Industries, Inc............  Allegheny........  CO 254...........  Resin and paint.......  VOC
Reichhold Chemicals, Inc.......  Allegheny........  CO 218...........  Synthetic hydrocarbon   NOX
                                                                        resin.
Reichhold Chemicals, Inc.......  Allegheny........  CO 219...........  Synthetic hydrocarbon   VOC
                                                                        resin.
Valspar Corporation............  Allegheny........  EO 209...........  Paint.................  VOC
----------------------------------------------------------------------------------------------------------------

A. Pruett Schaffer Chemical Company

    Pruett Schaffer Chemical Company is a paint and related coatings 
manufacturer located in Pittsburgh, Allegheny County, Pennsylvania. 
Pruett Schaffer Chemical Company had potential emissions VOC of greater 
than 50 tons per year (tpy). ACHD issued the facility CO 266. On April 
19, 2001, PADEP submitted this CO to EPA on behalf of the ACHD as a SIP 
revision. The facility consists of two paint manufacturing processes 
and a storage tank that stores mixed hydrocarbon solvent. Manufacturing 
is by batch process only. CO 266 does not allow the facility to operate 
unless the total combined potential facility-wide annual VOC emissions 
are less than 50 tons per year . In order to limit the potential VOC 
emissions, the maximum dispersers solvent-based production should not 
exceed 115,000 gallons per year and 1,965 hours annually. The solvent-
based coatings is any coatings with a VOC content equal or greater than 
3.5 pounds per gallon, less water and exempt solvents. Annual VOC 
emissions are determined by EPA AP-42 emission factors applied to the 
material throughput. Under CO 266, Pruett Schaffer Chemical Company 
must maintain records to demonstrate compliance with this CO and 
Article XXI, section 2105.06. Recordkeeping shall include but not 
limited to records of material type, monthly material usage, total 
monthly hours of operation, production records of process equipment and 
monthly usage and type of cleaning solvent used for cleaning and 
purging equipment, sufficient to perform emission calculations. 
Compliance with all annual limits must be met on a rolling monthly 
basis over every consecutive 12 month period and all records shall be 
maintained at the facility on a twelve months rolling total in order to 
determine compliance. All records shall be retained for at least five 
years.

B. PPG Industries, Inc.

    PPG Industries, Inc. (PPG) is a resin and paint manufacturing 
facility located in Springdale, Allegheny County, Pennsylvania. PPG is 
a major VOC emitting facility. In this instance, RACT has been 
established and imposed by ACHD in CO 254. On July 1, 1997, PADEP 
submitted this CO to EPA on behalf of the ACHD as a SIP revision. PPG 
is a manufacturer of coatings and resins for the general industrial and 
automotive markets. Manufacturing facilities in this Springdale site 
include a paint plant and a resin manufacturing plant. The paint plant 
manufactures coatings for aluminum extrusions, automotive refinishing, 
and the general industrial and coil coating markets. The resin plant 
manufactures high temperature polyesters, alkyds, modified epoxies, 
urethanes and cross linkers for use in paint manufacture.
(1) The Resin Plant
    CO 254 does not allow PPG to operate the resin plant at any time 
while generating VOC emissions unless the facility's thermal oxidizer 
is in service and all associated emission control systems are operating 
as required with the conditions of the CO, with the exception of 
required maintenance and/or repairs. The CO requires that the thermal 
oxidizer should be properly maintained and operated at all times, with 
instrumentation to continuously monitor and record the incinerator 
temperature, with one of three alternative requirements being met and 
maintained: (a) minimum VOC destruction efficiency of 95 percent by 
weight; or (b) maximum outlet of 20 ppm VOC by volume (dry basis); or 
(c) minimum incineration temperature of 1500 degrees Fahrenheit. The 
thermal oxidizer destruction efficiency shall be determined every five 
years in accordance with EPA approved test methods and section 2108.02 
of Article XXI of ACHD's regulations. All reactor vessels should be 
equipped with condenser units. The following resin process systems 
shall be vented to the thermal oxidizer unit at all times when 
generating VOC emissions: (a) four reactor condenser vents, (b) five 
raw material weigh tanks, (c) four manual ejectors, (d) five mixers-
resin thin down tanks, and (e) seven blenders. Revent systems shall be 
provided for the following processes: (a) molten raw material storage 
tanks, (b) molten raw material weigh tanks, (c) mixer unit during 
product dropping, and (d) finished product tank wagon loading. 
Dispensing systems shall be used unless they are closed design or 
minimize free-fall liquids. Under CO 254, PPG must operate and maintain 
all process and control equipment according to good engineering and air 
pollution control practices. To minimize VOC emissions, process 
equipment cleaning must be conducted, floor cleaning operations must 
employ water based cleaners, and the use of solvents will be limited to 
spot cleaning. Under CO 254, PPG must maintain records to demonstrate 
compliance with this CO and Article XXI, section 2105.06. Recordkeeping

[[Page 43500]]

shall include but not limited to (a) REECO thermal oxidizer destruction 
efficiency tests, and (b) daily records of REECO thermal oxidizer 
operating temperatures. All records shall be retained for at least five 
years.
(2) The Paint Plant
    CO 254 does not allow PPG to process operations involving VOCs at 
the facility unless all stationary mixers are equipped with covers 
which completely enclose the mixer openings, except for an opening no 
larger than necessary to allow safe clearance for a mixer shaft. Such 
covers shall either extend at least one-half inch beyond the outer rim 
of the vessel or be attached to the rim. CO 254 also does not allow any 
stationary mixer operations at the facility unless all covers are 
closed at all times except when production, sampling, maintenance or 
inspection procedures otherwise requires access. Portable and 
stationary vessels must not be used at the facility to process products 
containing VOCs unless the covers are maintained in good condition, 
such that when in place, they maintain contact with their respective 
rims for at least 90 percent of the circumference of the rim. 
Dispensing systems must not be used unless they are of closed design or 
minimize free-fall of liquids and filling of solvent borne coatings 
must not be performed unless they are in a closed system. All grinding 
mills must be of completely closed design.
    Under CO254, PPG must operate and maintain all process and control 
equipment according to good engineering and air pollution control 
practices. To minimize VOC emissions, process equipment cleaning must 
be conducted, floor cleaning operations must employ waterbased 
cleaners, and the use of solvents will be limited to spot cleaning. 
Under CO 254, PPG must maintain records to demonstrate compliance with 
this CO and Article XXI, section 2105.06. Recordkeeping shall include 
but not limited to (a) records of specific solvents and quantities 
used, and (b) records of paint production rates by number of batches 
and quantity of paint produced in each batch. All records shall be 
retained for at least five years.

C. Reichhold Chemicals, Inc.

    Reichhold Chemicals, Inc. (RCI) owns a synthetic hydrocarbon resins 
manufacturing facility located in Bridgeville, Allegheny County, 
Pennsylvania. RCI had the potential to emit NOX in excess of 
100 tpy. In this instance, ACHD issued CO218 to RCI. On July 1, 1997, 
PADEP submitted this CO to EPA on behalf of the ACHD as a SIP revision. 
The facility consists of six reactors housed in two buildings with 
emissions controlled by thermal oxidizers. Under CO 218, RCI is not 
allowed to exceed 95 tons per year of total combined annual facility 
wide emissions of NOX. Under CO 218, RCI must maintain 
records to demonstrate compliance with this CO and Article XXI, section 
2105.06. Recordkeeping shall include but not limited to the type of 
fuel and amount used. All records shall be retained for at least two 
years.

D. Reichhold Chemicals, Inc.

    The RCI synthetic hydrocarbon resins manufacturing facility located 
in Bridgeville, Allegheny County, Pennsylvania had the potential to 
emit VOC in excess of 50 tpy. In this instance, ACHD issued CO 219 to 
RCI. On July 1, 1997, PADEP submitted this CO to EPA on behalf of the 
ACHD as a SIP revision. The facility consists of six reactors housed in 
two buildings with emissions controlled by thermal oxidizers. Under CO 
219, RCI is limited to a facility-wide emission limit of 47 tons per 
year of combined emissions of VOC. CO 219 does not allow RCI the 
associated process equipment to operate unless the thermal oxidizers 
are properly maintained and operated with: (a) a minimum destruction 
efficiency of 95 percent; (b) a minimum operating temperature of 1400 
degrees Fahrenheit; and (c) a minimum residence time of one-half 
seconds at all times. In case of a malfunction, RCI may finish 
processing the material in the associated equipment at the time of 
malfunction. RCI must not allow the process equipment to operate unless 
the emissions from the reactors, process vessels, emissions from the 
reactors and thin tanks are conveyed to their respective thermal 
oxidizers. CO 219 requires RCI to provide instrumentation for the 
thermal oxidizers to continuously monitor and record the following: (a) 
Operating temperature; (b) oxygen level; and (c) fume (inlet) pressure. 
RCI must record the following information on a daily basis for all 
reactors: (a) Batch time; (b) finished product per batch; and (c) raw 
material feed per batch. RCI must conduct emission testing on the 
thermal oxidizers no less than once every five years to determine the 
destruction efficiency of VOCs per unit. RCI must submit a written 
protocol to ACHD for approval at least 45 days prior to the date of the 
test, and notify ACHD in writing at least 30 days prior to the date of 
the test. Testing shall not proceed without ACHD approved protocol and 
according to EPA approved test methods. Under CO 219, RCI must maintain 
records to demonstrate compliance with this CO and Article XXI, section 
2105.06. All records shall be retained for at least two years.

E. Valspar Corporation

    Valspar Corporation (Valspar) is a paint manufacturing facility 
located in Pittsburgh, Allegheny County, Pennsylvania. Valspar is a 
major VOC emitting facility. In this instance, RACT has been 
established and imposed by ACHD in EO 209. On July 1, 1997, PADEP 
submitted this EO to EPA on behalf of the ACHD as a SIP revision. EO 
209 does not allow Valspar to process operations involving VOCs at the 
facility unless all stationary mixers are equipped with covers which 
completely enclose the mixer openings, except for an opening no larger 
than necessary to allow safe clearance for a mixer shaft. Such covers 
shall either extent at least one-half inch beyond the outer rim of the 
vessel or be attached to the rim. EO 209 does not allow any stationary 
mixer operations at the facility unless all covers are closed at all 
times except when production, sampling, maintenance or inspection 
procedures otherwise requires access. EO 209 does not allow stationary 
mixers to process products containing VOCs unless the covers are 
maintained in good condition, such that when in place, they maintain 
contact with their respective rims for at least 90 percent of the 
circumference of the rim. Under EO 209, Valspar must maintain records 
to demonstrate compliance with this EO and Article XXI, section 
2105.06. All records shall be retained for at least two years. Also, 
under EO 209, Valspar must operate and maintain all process and 
emission control equipment according to good engineering practice.

III. EPA's Evaluation of the SIP Revisions

    EPA is approving these RACT SIP submittals because ACHD 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 ACHD and PADEP have also imposed record-keeping, 
monitoring, and testing requirements on these sources sufficient to 
determine compliance with the applicable RACT determinations.

IV. Final Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP to establish and require VOC and NOX RACT for five 
major sources located in the Pittsburgh area. EPA is publishing this 
rule without prior proposal because

[[Page 43501]]

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 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 five 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 4, 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 five 
individual sources in the Pittsburgh-Beaver Valley ozone nonattainment 
area of Pennsylvania may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Nitrogen Oxides, Ozone, Reporting and 
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)(165) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (165) Revisions pertaining to VOC and NOX RACT for major 
sources, located in the Pittsburgh-Beaver Valley ozone nonattainment 
area, submitted by the Pennsylvania Department of

[[Page 43502]]

Environmental Protection on July 1, 1997 and April 19, 2001.
    (i) Incorporation by reference.
    (A) Letters dated July 1, 1997 and April 19, 2001, submitted by the 
Pennsylvania Department of Environmental Protection transmitting 
source-specific VOC and NOX RACT determinations.
    (B) Plan Approval and Agreement Upon Consent Orders (COs) and an 
Enforcement Order (EO) for the following sources:
    (1) Pruett Schaffer Chemical Company, CO 266, effective September 
2, 1998, except for condition 2.5.
    (2) PPG Industries, Inc., CO 254, effective December 19, 1996, 
except for condition 2.5.
    (3) Reichhold Chemicals, Inc., CO 218, effective December 19, 1996, 
except for condition 2.5.
    (4) Reichhold Chemicals, Inc., CO 219, effective February 21, 1996, 
except for condition 2.5.
    (5) Valspar Corporation, EO 209, effective March 8, 1996, except 
for condition 2.5.
    (ii) Additional Materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations submitted for the sources listed in paragraph 
(c)(165)(i) (B) of this section.

[FR Doc. 01-20883 Filed 8-17-01; 8:45 am]
BILLING CODE 6560-50-P