[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Rules and Regulations]
[Pages 43788-43795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21026]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4138a; FRL-7038-8 ]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Eleven 
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 eleven 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 5, 2001 without further 
notice, unless EPA receives adverse written comment by September 20, 
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; and the Allegheny 
County Health Department, Bureau of Environmental Quality, Division of 
Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Catherine Magliocchetti (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

[[Page 43789]]

Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania) is 
required to establish and implement RACT for all major VOC and 
NOX sources. The major source size is determined by its 
location, the classification of that area and whether it is located in 
the ozone transport region (OTR). Under section 184 of the CAA, RACT as 
specified in sections 182(b)(2) and 182(f)) applies throughout the OTR. 
The entire Commonwealth is located within the OTR. Therefore, RACT is 
applicable statewide in Pennsylvania.
    State implementation plan revisions imposing reasonably available 
control technology (RACT) for three classes of VOC sources are required 
under section 182(b)(2). The categories are:
    (1) All sources covered by a Control Technique Guideline (CTG) 
document issued between November 15, 1990 and the date of attainment;
    (2) All sources covered by a CTG issued prior to November 15, 1990; 
and
    (3) All major non-CTG sources. The regulations imposing RACT for 
these non-CTG major sources were to be submitted to EPA as SIP 
revisions by November 15, 1992 and compliance required by May of 1995.
    The Pennsylvania SIP already includes approved RACT regulations for 
all sources and source categories covered by the CTGs. On February 4, 
1994, PADEP submitted a revision to its SIP to require major sources of 
NOX and additional major sources of VOC emissions (not 
covered by a CTG) to implement RACT. The February 4, 1994 submittal was 
amended on May 3, 1994 to correct and clarify certain presumptive 
NOX RACT requirements. In the Pittsburgh area, a major 
source of VOC is defined as one having the potential to emit 50 tons 
per year (tpy) or more, and a major source of NOX is defined 
as one having the potential to emit 100 tpy or more. Pennsylvania's 
RACT regulations require sources, in the Pittsburgh area, that have the 
potential to emit 50 tpy or more of VOC and sources which have the 
potential to emit 100 tpy or more of NOX comply with RACT by 
May 31, 1995. The regulations contain technology-based or operational 
``presumptive RACT emission limitations'' for certain major 
NOX sources. For other major NOX sources, and all 
major non-CTG VOC sources (not otherwise already subject to RACT under 
the Pennsylvania SIP), the regulations contain a ``generic'' RACT 
provision. A generic RACT regulation is one that does not, itself, 
specifically define RACT for a source or source categories but instead 
allows for case-by-case RACT determinations. The generic provisions of 
Pennsylvania's regulations allow for PADEP to make case-by-case RACT 
determinations that are then to be submitted to EPA as revisions to the 
Pennsylvania SIP.
    On March 23, 1998 EPA granted conditional limited approval to the 
Commonwealth's generic VOC and NOX RACT regulations (63 FR 
13789). In that action, EPA stated that the conditions of its approval 
would be satisfied once the Commonwealth either (1) certifies that it 
has submitted case-by-case RACT proposals for all sources subject to 
the RACT requirements currently known to PADEP; or (2) demonstrate that 
the emissions from any remaining subject sources represent a de minimis 
level of emissions as defined in the March 23, 1998 rulemaking. On 
April 22, 1999, PADEP made the required submittal to EPA certifying 
that it had met the terms and conditions imposed by EPA in its March 
23, 1998 conditional limited approval of its VOC and NOX 
RACT regulations by submitting 485 case-by-case VOC/ NOX 
RACT determinations as SIP revisions and making the demonstration 
described as condition 2, above. EPA determined that Pennsylvania's 
April 22, 1999 submittal satisfied the conditions imposed in its 
conditional limited approval published on March 23, 1998. On May 3, 
2001 (66 FR 22123), EPA published a rulemaking action removing the 
conditional status of its approval of the Commonwealth's generic VOC 
and NOX RACT regulations on a statewide basis. The 
regulation currently retains its limited approval status. Once EPA has 
approved the case-by-case RACT determinations submitted by PADEP to 
satisfy the conditional approval for subject sources located in 
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and 
Westmoreland Counties; the limited approval of Pennsylvania's generic 
VOC and NOX RACT regulations shall convert to a full 
approval for the Pittsburgh area.
    It must be noted that the Commonwealth has adopted and is 
implementing additional ``post RACT requirements'' to reduce seasonal 
NOX emissions in the form of a NOX cap and trade 
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule 
developed by the States in the OTR. That rule's compliance date is May 
1999. That regulation was approved as SIP revision on June 6, 2000 (65 
FR 35842). Pennsylvania has also adopted regulations to satisfy Phase I 
of the NOX SIP call and submitted those regulations to EPA 
for SIP approval. Pennsylvania's SIP revision to address the 
requirements of the NOX SIP Call Phase I consists of the 
adoption of Chapter 145--Interstate Pollution Transport Reduction and 
amendments to Chapter 123--Standards for Contaminants. On May 29, 2001 
(66 FR 29064), EPA proposed approval of the Commonwealth's 
NOX SIP call rule SIP submittal. EPA expects to publish the 
final rulemaking in the Federal Register in the near future. Federal 
approval of a case by case RACT determination for a major source of 
NOX in no way relieves that source from any applicable 
requirements found in 25 PA Code Chapters 121, 123 and 145.
    On January 21, 1997, July 1, 1997, March 3, 1999, April 9, 1999, 
and July 5, 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 eleven 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 Operating Permits (OPs) issued by PADEP and Plan Approvals and 
Agreement Upon Consent Orders (COs) issued by the Allegheny County 
Health Department (ACHD). The PADEP submitted the COs to EPA as SIP 
revisions on behalf of the ACHD. These OPs and COs 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 their respective OPs and 
COs 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''
               Source                                 County                          OP # or CO #                Source type             pollutant
--------------------------------------------------------------------------------------------------------------------------------------------------------
J&L Structural, Inc.--Aliquippa.....  Beaver...............................  OP 04-000-467                  Mill Reheat furnace...  NOX/VOC
J&L Specialty Steel, Inc.--Midland    Beaver...............................  OP 04-000-013                  Steelmaking &           NOX/VOC
 Facility.                                                                                                   Finishing.

[[Page 43790]]

 
LTV Steel Company, Inc..............  Allegheny............................  CO 259                         Coke Production         NOX/VOC
                                                                                                             Facility.
Universal Stainless & Alloy           Allegheny............................  CO 241                         Steel Products Plant..  NOX/VOC
 Products, Inc..
U.S. Steel Clairton Works...........  Allegheny............................  CO 234                         Coke Production         NOX/VOC
                                                                                                             Facility.
USX Corporation, US Steel Group,      Allegheny............................  CO 235                         Steel Production        NOX/VOC
 Edgar Thomson Works.                                                                                        Facility.
USX Corporation, US Steel Group,      Allegheny............................  CO 258                         Steel Production        NOX/VOC
 Irvin Works.                                                                                                Facility.
Washington Steel Corporation........  Washington...........................  OP 63-000-023                  Furnaces & Pickling     NOX
                                                                                                             Lines.
Wheeling-Pittsburgh Steel             Washington...........................  OP 63-000-066                  Combination Natural     NOX
 Corporation.                                                                                                Gas/Oil Fired Furnace.
Koppers.............................  Westmoreland.........................  OP 65-000-853                  Coke Works............  NOX/VOC
Shenango, Inc.......................  Allegheny............................  CO 233                         Coke Production         NOX/VOC
                                                                                                             Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------

A. J & L Structural, Inc.--Aliquippa

    J & L Structural, Inc. is a mill reheat furnace plant in Aliquippa 
Borough, Pennsylvania. The PADEP issued OP 04-000-467 to impose RACT 
for the reheat furnace at this source. Under this permit, J & L 
Structural, Inc.'s Aliquippa's facility was required to shut down the 
14" mill reheat furnace by May 31, 1997. The NOX emissions 
from this facility were limited to 331 tons per year (tpy) and records 
were required to clearly demonstrate compliance with this condition. 
For the purposes of emission credit generation pursuant to 25 PA Code 
section 127.207(1)(i), RACT for the 14'' mill reheat furnace has been 
determined to be the installation of ultra low-NOX burners 
with a control efficiency of 49 percent.

B. J & L Specialty Steel, Inc.--Midland Facility

    J & L Specialty Steel, Inc.'s Midland facility is a steelmaking and 
finishing process facility located in Midland Boro, Pennsylvania. J & L 
Specialty Steel, Inc.'s Midland facility is a major source of 
NOX and VOC. The PADEP issued OP 04-000-013 to impose RACT 
for the units at this source. Under this permit, J & L Specialty Steel, 
Inc.'s Midland facility is required to conduct annual tune-ups at the 
facility on all combustion units with a rated heat capacity between 20 
MMBtu/hr and 50 MMBtu/hr. These tune-ups must be conducted in 
accordance with 25 PA Code section 192.93(b)(2). J & L Specialty Steel, 
Inc.'s Midland facility is subject to the record keeping requirements 
of 25 PA Code section 129.95. At each Z-mill at the Midland facility, 
VOC emissions are limited to 27.6 tpy. The EAF baghouse is limited to 
VOC emissions of 92 tpy. The Cold Anneal Pickle (CAP) line 
HNO3/HF scrubber is limited to 76 tpy of NOX. The 
Hot Anneal Pickle (HAP) line HNO3 scrubber is limited to 41 
tpy of NOX. The EAF baghouse is limited to 1270 tpy of 
NOX. J & L Specialty Steel, Inc.'s Midland facility is 
required to perform stack testing on the CAP line HNO3/HF 
scrubber, the HAP line HNO3 scrubber, and the EAF baghouse, 
to determine the emission rate of NOX as NO2. J & 
L Specialty Steel, Inc.'s Midland facility is required to perform stack 
testing on each Z-mill and the EAF baghouse to determine the emission 
rates of VOC. All stack testing shall be performed in accordance with 
25 PA Code Chapter 139, and the PADEP's Source Testing Manual. The 
source is required to submit pre-test protocols to PADEP, to notify 
PADEP that stack testing will take place (so that an observer may be 
present), and to provide PADEP with two copies of the stack test 
results. All annual limits must be met on a rolling monthly basis over 
every consecutive 12-month period.

C. LTV Steel Company, Inc.

    LTV Steel Company, Inc., is a coke production facility located in 
Pittsburgh, Pennsylvania. LTV Steel Company, Inc., is a major 
NOX and VOC emitting facility. In this instance, RACT has 
been established and imposed by the ACHD in CO 259. The PADEP submitted 
this CO to EPA on behalf of the ACHD as a SIP revision. The ACHD issued 
CO 259 to impose RACT on subject units at the facility. Under this CO, 
LTV Steel Company, Inc., is required to maintain and operate the 
following units in accordance with good engineering and air pollution 
control practices: (1) Coke batteries P-1, P-2, P-3N, P-3S, and P-4; 
(2) Babcock and Wilson boilers 1 through 5 (Southside Boilers); (3) 
Riley boilers 1 through 3; (4) Keeler boilers 4 through 6; (5) Package 
boiler; and the (6) By-product plant. LTV Steel Company, Inc., is 
precluded from allowing NOX emissions from Boilers B & W 1, 
2, 3, 4, and 5 to exceed 0.329 lbs/MMBtu, and 331 tpy. LTV Steel 
Company, Inc., is also precluded from operating the By-product plant 
unless the nitrogen gas blanketing system is being properly maintained 
and operated at all times while the plant process units blanketed by 
the system are emitting VOCs, with the exception of emergency or 
planned outages, repairs or maintenance. All VOC emissions processed by 
the blanketing system shall be incinerated by combustion in the 
facility's combustion units. LTV Steel Company, Inc., shall determine 
the compliance of Southside Boilers 1 through 5 by emission testing for 
NOX every two years. The emission testing shall be conducted 
according to EPA-approved methods and section 2108.02 of Article XXI of 
ACHD's regulations. LTV Steel Company, Inc. shall retain all records 
required by both section 2105.06 of Article XXI, and the CO for at 
least two years and they shall be made available to the ACHD upon 
request. LTV Steel Company, Inc. shall maintain all appropriate records 
to demonstrate compliance with the requirements of section 2105.06 of 
Article XXI and CO 259. Records shall include fuel type and usage for 
the units specified above. LTV Steel Company, Inc. is also subject to 
additional post-RACT requirements to reduce NOX.

D. Universal Stainless & Alloy Products, Inc.

    Universal Stainless & Alloy Products, Inc., is a specialty steel 
products facility located in Bridgeville, Pennsylvania. Universal 
Stainless & Alloy Products, Inc., is a major NOX and VOC 
emitting facility. In this instance, RACT has been established and 
imposed by the ACHD in CO 241. The PADEP submitted this CO to EPA on 
behalf of the ACHD as a SIP revision. The ACHD issued CO 241 to impose 
RACT on subject equipment at the facility. Under this CO, Universal 
Stainless & Alloy Products, Inc. is required to maintain and operate 
the following equipment in accordance with

[[Page 43791]]

good engineering practice and manufacturer's specifications: (a) the 
electric arc furnace; (b) the argon-oxygen decarburization vessel; (c) 
the ladle reheat furnace; (d) the vessel reheat furnace; (e) the ingot 
reheat furnace; (f) the teeming process; (g) the hot rolling process; 
(h) Annealing furnaces No. 3 through 11; (i) Reheat furnaces No. 3 
through 20; and (j) the Space heaters. Universal Stainless & Alloy 
Products, Inc., shall retain all records required by both section 
2105.06 of Article XXI and this order for at least two years, and they 
shall be made available to the PADEP upon request. Such records shall 
provide sufficient data and calculations to clearly demonstrate that 
all requirements of section 2105.06 of Article XXI and CO 241 are being 
met. Data and information required to determine compliance shall 
include, but not be limited to the production and operating records for 
the electric arc furnace, the AOD vessel, the teeming process, and the 
hot rolling process. Universal Stainless and Alloy Products, Inc., 
shall at all times maintain records of fuel type and fuel usage for the 
facility including certifications from fuel suppliers for all types of 
liquid fuel. For each shipment of distillate oils number 1 or 2, a 
certification that the fuel complies with ASTM D396-78 ``Standard 
Specifications for Fuel Oils'' is required. For residual oils, minimum 
record keeping includes a certification from the fuel supplier of the 
nitrogen content of the fuel, and identification of the sampling method 
and protocol.

E. U.S. Steel Clairton Works

    U.S. Steel's Clairton Works is a coke production facility located 
in Clairton, Pennsylvania. U.S. Steel's Clairton Works facility is a 
major NOX and VOC emitting facility. In this instance, RACT 
has been established and imposed by the ACHD in CO 234. The PADEP 
submitted this CO to EPA on behalf of the ACHD as a SIP revision. The 
ACHD issued CO 234 to impose RACT on processing equipment at the 
facility. Under this CO, U.S. Steel's Clairton Works facility is 
required to maintain and operate the following equipment in accordance 
with good engineering and air pollution control practices:

(1) Coke Batteries No. 1, 2, 3, 7, 8, 9, 13, 14, 15, 19, 20 and Battery 
B
(2) Pushing Emission Control System for the batteries specified in (1), 
above
(3) Boilers No. 1, 2, 13, 14, R1, R2, T1, and T2
(4) By-Products Plant Clean Coke Oven Gas Blanketing System and all 
process units blanketed by this system
(5) Scot Plant Incinerator
(6) Wastewater Treatment Plant

    The following units at this source are limited to NOX 
emissions as follows: Boilers No. 1, 2, 13, 14, R1, R2, T1, and T2 have 
a NOX limit of 0.54 lbs/MMBtu. Boiler No. 1 is subject to a 
1,740 tpy NOX limit. Boiler No. 2 is subject to a 1,285 tpy 
NOX limit. Boilers No. 13 and 14 are subject to a 
NOX limit of 282 tpy. Boilers No. R1 and R2 are subject to a 
NOX limit of 525 tpy. Boilers No. T1 and T2 are subject to a 
NOX limit of 358 tpy. NOX emission testing shall 
be performed every two years on these units, and conducted according to 
EPA approved test methods and section 2108.02 of Article XXI. Boilers 
No. 1 and 2 shall have properly maintained and operated Continuous 
Monitoring Systems (CEM) or approved alternatives, meeting all the 
requirements of section 2108.03 of Article XXI at all times with the 
exception of emergency or planned outages, repairs or maintenance. The 
NOX emissions limit for Boilers No. 1 and 2 shall be 
determined by a thirty day rolling average and by a twelve month 
rolling average of CEM data for the above limits. U. S. Steel's 
Clairton Works facility shall not operate the By-products plant unless 
the clean coke oven gas blanketing system is being properly maintained 
and operated at all times while the plant process units blanketed by 
the system are emitting VOCs, with the exception of emergency or 
planned outages, repairs, or maintenance. All VOC emissions processed 
by the blanketing system shall be incinerated by combustion in the 
facility's coke batteries or boilers or by downstream consumers. U. S. 
Steel's Clairton Works facility shall retain all records required by 
both section 2105.06 of Article XXI and this order for at least two 
years and they shall be made available to the PADEP upon request. Such 
records shall provide sufficient data and calculations to clearly 
demonstrate that all requirements of the above references are being 
met.

F. USX Corporation-U.S .Steel-Edgar Thomson Works

    USX Corporation's Edgar Thomson Works is a steel production 
facility located in Braddock, Pennsylvania. USX Corporation's Edgar 
Thomson Works is a major NOX and VOC emitting facility. In 
this instance, RACT has been established and imposed by the ACHD in CO 
235. The PADEP submitted this CO to EPA on behalf of the ACHD as a SIP 
revision. The ACHD issued CO 235 to impose RACT on subject equipment at 
the facility. Under this CO, USX Corporation's Edgar Thomson facility 
is required to maintain and operate the following units in accordance 
with good engineering and air pollution control practices at all times:

(1) Boilers 1 through 3
(2) Blast Furnace Stoves and casthouses #1 and #3
(3) Dual Strand Continuous Caster
(4) Basic Oxygen Furnace vessels #1 and #2
(5) Blast Furnace Gas Flare
(6) Hot Metal Transfer and Desulfurization unit
(7) Blast Furnace Ramming mix operations

    The following units at this source are limited to NOX 
emissions as follows: Boilers No. 1, 2, and 3 are limited to 0.55lbs/
MMBtu, and 800 tpy of NOX. The facility shall not exceed an 
annual natural gas capacity factor of 78.4 percent at each of these 
boilers. These boilers must also have properly maintained and operated 
CEM, meeting all requirements of section 2108.03 of Article XXI. The 
NOX emission limits specified above shall be determined by a 
thirty day rolling average and by a twelve month rolling average of CEM 
data. USX Corporation's Edgar Thomson facility shall retain all records 
required by both section 2105.06 of Article XXI and this order for at 
least two years and they shall be made available to the PADEP upon 
request. Such records shall provide sufficient data and calculations to 
clearly demonstrate that all requirements of the above references are 
being met.

G. USX Corporation-U.S. Steel-Irvin Works

    USX Corporation's Irvin Works is a steel processing facility 
located in West Mifflin, Pennsylvania. USX Corporation's Irvin Works 
facility is a major NOX and VOC emitting facility. In this 
instance, RACT has been established and imposed by the ACHD in CO 258. 
The PADEP submitted this CO to EPA on behalf of the ACHD as a SIP 
revision. The ACHD issued CO 258 to impose RACT on subject equipment at 
the facility. Under this CO, U.S. Steel's Irvin Works facility is 
required to maintain and operate the following units in accordance with 
good combustion and air pollution control practices at all times, with 
the exception of emergency or planned outages, repairs or maintenance:

(1) Boilers No. 1, 2, 3, and 4
(2) 80" Hot Strip Mill Reheat Furnaces 1 through 5
(3) No. 1 Galvanizing Line Furnace
(4) No. 1 Galvanneal Furnace 6
(5) No. 2 Galvalume Furnace
(6) Terne Line Pot Heater

[[Page 43792]]

(7) Open Coil Annealing Furnace
(8) No. 2 Continuous Annealing Furnace
(9) HPH Box Annealing Furnace
(10) 80" Hot Strip Mill Rolling Stands
(11) Five Stand Cold Rolling Mill

    USX Corporation's Irvin Works facility is required to conduct an 
annual adjustment at the Irvin Works on the combustion processes of the 
following equipment: 80" Hot Strip Mill Reheat Furnaces 1 through 5; 
Boilers No. 1, 2, 3, and 4; and No. 2 Continuous Annealing Furnace.
    Such annual adjustment shall include: (1) Inspection, adjustment, 
cleaning, or necessary replacement of fuel-burning equipment, including 
the burners and moving parts necessary for proper operation as 
specified by the manufacturer; (2) Inspection of the flame pattern or 
characteristics and adjustments necessary to minimize total emissions 
of NOX; and (3) Inspection of the air-to-fuel ratio control 
system and adjustments necessary to ensure proper calibration and 
operation as specified by the manufacturer. USX Corporation's Irvin 
Works facility shall maintain the following records for the subject 
equipment: (1) The date of the annual tune-up; (2) The name of the 
service company and/or individuals performing the annual tune-up; (3) 
The operating rate or load after the annual tune-up; (4) The 
NOX emission rate after the annual tune-up. USX 
Corporation's Irvin Works facility shall operate the No. 3 Five Stand 
Cold Rolling Mill and the 80" Hot Strip Mill Rolling Stand with 
lubricating oil, which is an oil-water emulsion and does not exceed a 
maximum VOC content by weight, of 2 percent and 4 percent, 
respectively. USX Corporation's Irvin Works facility shall retain all 
records required by both section 2105.06 of Article XXI and this order 
for at least two years and they shall be made available to the ACHD 
upon request. Such records shall provide sufficient data and 
calculations to clearly demonstrate that all requirements of the above 
references are being met.

H. Washington Steel Corporation

    Washington Steel Corporation is a facility located in Washington 
City, Pennsylvania. Washington Steel Corporation's Washington plant is 
a major NOX emitting facility. The PADEP issued OP 63-000-
023 to impose RACT for the four preheat and four equalizing furnaces in 
accordance with the manufacturer's specifications, in accordance with 
25 PA Code section 129.93. Further, all sources and air cleaning 
devices at the facility shall be operated and maintained in accordance 
with good air pollution control practices. Washington Steel is 
precluded from exceeding 217 tpy of NOX at this facility. 
Emission reductions of the targeted contaminants below the levels 
specified in the source's permit, which were achieved by optimizing the 
effectiveness of equipment are not surplus reductions and shall not be 
used to generate emission reduction credits. In order for the emission 
reductions to be credible, the emission reductions must satisfy the 
requirements of 25 PA Code section 127, Subchapter E.

I. Wheeling-Pittsburgh Steel Corporation

    Wheeling-Pittsburgh Steel Corporation is a facility located in 
Allenport Borough, Pennsylvania. Wheeling-Pittsburgh Steel 
Corporation's Allenport plant is a major NOX emitting 
facility. The PADEP issued OP 63-000-066 to impose RACT on the 
operation of two combination natural gas/oil fired boilers rated at 
60.5 MMBtu/hr (retrofitted with low-NOX Burners/Flue Gas 
Recirculating) and the application of presumptive RACT for the 104 
ancillary sources at this plant. Wheeling-Pittsburgh Steel 
Corporation's Allenport plant is required to maintain records in 
accordance with the requirements of 25 PA Code section 129.95. At a 
minimum, the following records shall be kept at the facility: monthly 
diesel consumption, monthly natural gas consumption, and material 
throughput. These records shall be maintained on file for not less than 
two years, and shall be made available to PADEP upon request. Wheeling-
Pittsburgh Steel Corporation shall limit NOX emissions from 
each boiler at its Allenport plant to 2.0 lbs/hr, and 8.7 tpy when 
natural gas is used as the fuel. The NOX limit from each 
boiler shall be limited to 6.7 lbs/hr, and 29.4 tpy when diesel is used 
as the fuel. For one of the two boilers, if operated over 750 hours 
annually (combined), a minimum of one stack test in accordance with 25 
PA Chapter 139 and the PADEP Source Testing Manual shall be performed 
at a maximum normal operating condition, to verify the emission rate 
for NOX. One of the two boilers, if operated over 750 hours 
annually (combined) shall also be stack tested annually at the normal 
operating condition and at the fuel condition used for the majority of 
the time during the past twelve months (either natural gas or diesel 
fuel) to verify the emission rate for NOX, either through 
and EPA method stack test, or through the use of portable monitors. 
Because the two boilers are identical, testing requirements for the 
stand-by boiler (at the time of testing) shall be waived. For those 
tests utilizing portable analyzers, the source shall submit a complete 
operating procedure, including calibration, QA/QC, and emission 
calculation methods to the PADEP. The accuracy of the portable analyzer 
shall be verified by operation and recording of readings during an EPA 
method stack test. This information shall be retained by the source at 
the test location and provided annually with the emission statement and 
at other times as requested by the PADEP. Wheeling-Pittsburgh Steel 
Corporation's Allenport plant is required to submit pretest protocols 
60 days prior to testing, to notify the PADEP at least two weeks prior 
to stack testing (so that an observer may be present), and to submit a 
stack test report to PADEP within 60 days of testing.

J. Koppers

    Koppers is a coke plant facility located in Monessen, Pennsylvania. 
Koppers is a major NOX and VOC emitting facility. The PADEP 
issued OP 65-000-853 to impose RACT on the sources at Koppers' Monessen 
Coke Works. Koppers' Monessen plant is required to operate and maintain 
all sources and air cleaning devices in accordance with good air 
pollution control practices, in accordance with 25 PA Code section 
127.441. In addition, all sources and air cleaning devices must be 
operated and maintained in accordance with the manufacturer's 
specifications, guidelines and procedures, pursuant to 25 PA Code 
127.441. In addition, NOX limits are imposed at the sources 
at Koppers' Monessen Coke Works as follows with annual limits set based 
upon any consecutive twelve month period:

(1) Battery 1B of the Coke Battery Underfire unit is limited to 60.7 
lbs/hr, and 286 tpy
(2) Battery 2 of the Coke Battery Underfire unit is limited to 55.4 
lbs/hr, and 246 tpy
(3) The Flare unit is limited to 31.7 tpy
(4) The Coke Pushing unit is limited to 7.8 lbs/hr, and 4.8 tpy
(5) The Coke Quenching unit is limited to 0.0 tpy
(6) The Coal Charging unit is limited to 0.7 tpy
(7) The Boilers are limited to 112.1 tpy

    VOC limits are imposed at the sources at Koppers' Monessen Coke 
Works as follows with annual limits set based upon any consecutive 
twelve month period:

(1) Battery 1B of the Coke Battery Underfire unit is limited to 0.3 
lbs/hr, and 1.0 tpy
(2) Battery 2 of the Coke Battery Underfire unit is limited to 0.5 lbs/
hr, and 1.9 tpy

[[Page 43793]]

(3) The Flare unit is limited to 27.6 tpy
(4) The Coke Pushing unit is limited to 1.1 lbs/hr, and 0.6 tpy
(5) The Coke Quenching unit is limited to 5.4 tpy
(6) The Coal Charging unit is limited to 36.2 tpy
(7) The Boilers are limited to 2.7 tpy
(8) Miscellaneous Sources are limited to 0.5 tpy
(9) Fugitives are limited to 8.14 typ
(10) Coke By-Products Plant is limited to 35.2 tpy

    Koppers' Monessen Coke plant is required to verify compliance with 
the above limits for the coke battery underfire and coke pushing 
emissions through annual stack testing. Pursuant to 25 PA Code 139.2, 
all stack testing shall be performed in accordance with 25 PA Code 
Chapter 139 regulations, and the PADEP Source Testing Manual. Koppers' 
Monessen Coke plant is required to submit a pre-test protocol to PADEP 
at least 60 days in advance of testing, to notify PADEP at least two 
weeks prior to the date of the testing (so that an observer may be 
present), and to submit two copies of the stack test results to PADEP 
within 60 days of the testing. Emission reductions of the targeted 
contaminants below the levels specified in the source's permit, which 
were achieved by optimizing the effectiveness of equipment, are not 
surplus reductions and shall not be used to generate emission reduction 
credits. In order for the emission reductions to be credible, the 
emission reductions must satisfy the requirements of 25 PA Code Section 
127, Subchapter E. Koppers' Monessen Coke plant is required to keep 
records to demonstrate compliance with the limits specified above, in 
accordance with 25 PA Code section 129.95. The records shall provide 
sufficient data and calculations to clearly demonstrate compliance with 
the requirements specified above. Data and information required to 
determine compliance shall be recorded and maintained in a time frame 
consistent with averaging periods to verify compliance. These records 
shall be retained for at least two years, and made available to PADEP 
upon request.

K. Shenango, Inc.

    Shenango Inc., is a coke production facility located in Neville 
Township, Pennsylvania. Shenango, Inc., is a major NOX and 
VOC emitting facility. In this instance, RACT has been established and 
imposed by the ACHD in CO 233. The PADEP submitted this CO to EPA on 
behalf of the ACHD as a SIP revision. The ACHD issued CO 233 to impose 
RACT on subject units at the Neville Township facility. Shenango is 
required to operate and maintain the following units in accordance with 
good engineering and air pollution control practices:

(1) Boilers No. 7, 8, 9, and 10
(2) Coke Battery S-1, PEC Baghouse and Quench Tower
(3) Tar Truck Loading and Light Oil Truck Loading
(4) Wash and Spent Oil Storage Tanks
(5) Heavy Oil Separator
(6) Light Oil Process and Coke Oven Gas Piping Systems
(7) Nitrogen Gas Blanketing System on the By-Product Plant.

    Shenango's Neville Township facility is required to properly 
operate and maintain the existing nitrogen gas blanketing system 
treating emissions from the following equipment, while the subject 
equipment is emitting VOC's: (1) Tar Decanter Tanks A & B; (2) Tar 
Dewatering Tanks A & B; (3) Tar Storage Tanks A & B; (4) Flushing 
Liquor Recirculating Tanks A & B; (5) Flushing Liquor Overflow Tanks A 
& B; (6) Wash Oil Recirculating Hot Decanter, Cold Oil Decanter, 
Purifier and the Hot and Cold Muck Tanks; and (7) Light Oil Process 
Separator, Light Oil Process Interceptor Sump and Light Oil Process 
Tanks A & B. The NOX emissions from Boilers No. 7, 8, 9, and 
10 shall be limited as follows: Boilers No. 7 and 8 have NOX 
emission limits of 0.18 lbs/MMBtu, and 92 tpy. Boilers No. 9 and 10 
have NOX emission limits of 0.18 lbs/MMBtu, and 281 tpy and 
373 tpy, respectively. Shenango shall test for compliance with the 
above limits every two years, using EPA approved test methods and 
section 2108.2 of Article XXI. The natural gas capacity factor for 
Boilers No. 7 and 8 is 52 percent. The natural gas capacity factor for 
Boiler No. 9 is 44.5 percent. The natural gas capacity factor for 
Boiler No. 10 is 17.9 percent. Shenango's Neville Township facility 
shall not exceed a 30 percent annual capacity factor, based on annual 
heat input for a calendar year, for Boilers No. 9 and 10. Shenango, 
Inc. shall maintain all appropriate records to demonstrate compliance 
with the requirements of 2105.06 of Article XXI and the CO, for at 
least two years, and they shall be made available to PADEP upon 
request. Such records shall provide sufficient data to clearly 
demonstrate that all such requirements are met, as described above. 
Shenango's Neville Township facility is also subject to additional 
post-RACT requirements to reduce NOX.

III. EPA's Evaluation

    EPA is approving these RACT SIP submittals because the 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 
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 eleven 
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 5, 2001 without further notice unless EPA 
receives adverse comment by September 20, 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. If that provision may be 
severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

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

[[Page 43794]]

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 eleven 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 22, 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 
eleven individual steel/coke manufacturing sources in Pennsylvania may 
not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Nitrogen Oxides, Ozone, Reporting and 
record keeping 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)(172) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (172) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT for 11 iron and steel sources 
located in the Pittsburgh-Beaver Valley area , submitted by the 
Pennsylvania Department of Environmental Protection on January 21, 
1997, July 1, 1997, March 3, 1999, April 9, 1999, and July 5, 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 21, 
1997, July 1, 1997, March 3, 1999, April 9, 1999, and July 5, 2001.
    (B) The following companies' Operating Permits (OP) or Consent 
Orders (CO):
    (1) J & L Structural, Inc.-Aliquippa, OP 04-000-467, effective June 
23, 1995, except for the Permit Term.
    (2) Universal Stainless & Alloy Products, Inc., CO 241, effective 
December 19, 1996, except for condition 2.5.
    (3) Shenango, Inc., CO 233, effective December 30, 1996, except for 
conditions 1.7, 2.6, and 2.7.
    (4) LTV Steel Company, Inc., CO 259, effective December 30, 1996, 
except for condition 2.5.
    (5) U.S. Steel Clairton Works, CO 234, effective December 30, 1996, 
except for condition 2.5.
    (6) USX Corporation, Edgar Thomson Works, CO 235, effective 
December 30, 1996, except for condition 2.5.
    (7) USX Corporation, Irvin Works, CO 258, effective December 30, 
1996, except for condition 2.5.
    (8) Wheeling-Pittsburgh Steel Corporation, OP 63-000-066, effective 
February 8, 1999, except for the Permit Term.
    (9) Koppers, OP 65-000-853, effective March 20, 1998, except for 
the Permit Term.
    (10) J & L Specialty Steel, Inc., Midland Facility, OP 04-000-013, 
effective March 23, 2001, except for the Permit Term.

[[Page 43795]]

    (11) Washington Steel Corporation, OP 63-000-023, effective 
September 12, 1996, 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)(172)(i)(B), of 
this section.

[FR Doc. 01-21026 Filed 8-20-01; 8:45 am]
BILLING CODE 6560-50-P