[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Rules and Regulations]
[Pages 43783-43788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21028]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4143a; FRL-7038-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Eight 
Individual Sources in the Pittsburgh-Beaver Valley Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Commonwealth of Pennsylvania's State Implementation Plan (SIP). The 
revisions were submitted by the Pennsylvania Department of 
Environmental Protection (PADEP) to establish and require reasonably 
available control technology (RACT) for eight major sources of volatile 
organic compounds (VOC) and nitrogen oxides

[[Page 43784]]

(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; the 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: Janice Lewis at (215) 814-2185, or 
Betty Harris at (215) 814-2168, the EPA Region III address above or by 
e-mail at [email protected] or [email protected]. Please note 
that while questions may be posed via telephone and e-mail, formal 
comments must be submitted, in writing, as indicated in the ADDRESSES 
section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

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

[[Page 43785]]

applicable requirements found in 25 PA Code Chapters 121, 123 and 145.

II. Summary of the SIP Revisions

    On December 8, 1995, July 1, 1997, and April 19, 2001, PADEP 
submitted revisions to the Pennsylvania SIP which establish and impose 
RACT for several sources of VOC and/or NOX. This rulemaking 
pertains to eight of those sources. The remaining sources are or have 
been the subject of separate rulemakings. The Commonwealth's submittals 
consist of operating permits, enforcement orders and consent orders 
which impose VOC and/or NOX RACT requirements for each 
source. These eight sources are all located in the Pittsburgh area. The 
table below identifies the sources and the individual operating permits 
(OP), enforcement orders (EO), and consent orders CO) 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
----------------------------------------------------------------------------------------------------------------
                                                        PA #, OP #,  or EO                      ``Major source''
             Source                      County                 #               Source type         pollutant
----------------------------------------------------------------------------------------------------------------
Ashland Petroleum Company.......  Allegheny..........  CO 256               Refinery..........  VOC
BP Exploration & Oil, Inc.......  Westmoreland.......  OP 65-0378           Refinery..........  VOC
Gulf Oil, L. P..................  Allegheny..........  CO 250               Refinery..........  VOC
Penreco.........................  Butler.............  OP 10-027            Refinery..........  NOX/VOC
Bellefield Boiler Plant.........  Allegheny..........  EO 248               Cogen.............  NOX
PA Dept. of Corrections.........  Allegheny..........  EO 244               Cogen.............  NOX
Pittsburgh Allegheny County       Allegheny..........  CO 265               Cogen.............  NOX
 Thermal.
Pittsburgh Thermal Limited        Allegheny..........  CO 220               Cogen.............  NOX
 Partnership.
----------------------------------------------------------------------------------------------------------------

A. Ashland Petroleum Company

    Ashland Petroleum Company (Ashland) is a petroleum storage, 
blending and distribution facility located in Floreffe, Pennsylvania. 
Ashland is a major source of VOC. On December 19, 1996, the Allegheny 
County Health Department (ACHD) issued a Plan Approval and Agreement 
Upon Consent Order (CO 256) to establish and impose RACT on Ashland. 
The PADEP submitted CO 256, on behalf of the ACHD, to EPA as a SIP 
revision. Under CO 256, Ashland must not exceed 50 tons of VOC per 
year. This limit must be met on a rolling monthly basis over every 
consecutive 12 month period. Under CO 256, Ashland must maintain all 
records and testing data to demonstrate compliance with Section 2108.06 
of Article XXI of the ACHD's air pollution control regulations. Record 
keeping requirements shall include the following: type of VOC-
containing products stored; and an annual throughput of VOC-containing 
products processed and/or distributed. All records shall be maintained 
for at least two years. Under CO 256, Ashland must operate and maintain 
all equipment according to good engineering and air pollution control 
practices.

B. BP Exploration & Oil, Inc.

    BP Exploration & Oil, Inc. (BP) is a petroleum terminal station 
located in Hempfield, Pennsylvania. BP is a major source of VOC. On 
March 23, 2001, PADEP issued an operating permit (OP-65-000-378) to 
establish and impose RACT on BP. Under OP 65-000-378, RACT is the use 
of a Vapor Recovery Unit. The VOC emissions from the Vapor Recovery 
Unit must not exceed a rate of 60 mg/L. In addition, OP 65-000-378 
requires the facility not to exceed 48.14 tons per year (tpy) of VOC on 
a 12-month rolling basis. BP must record and report the Vapor Recovery 
Unit's throughput of gasoline and kerosene, the VOC emissions from each 
source including the emission factors and their origin used to 
calculate the VOCs. BP must properly operate and maintain all equipment 
according to good engineering and air pollution control practices in 
accordance with applicable PADEP regulations.

C. Gulf Oil, L.P.

    Gulf Oil, L.P. (Gulf) is a petroleum storage and distribution 
facility located in Neville, Pennsylvania. Gulf is a major source of 
VOC. On December 19, 1996, ACHD issued a Plan Approval and Agreement 
Upon Consent Order (CO 250) to establish and impose RACT on Gulf. The 
PADEP submitted CO 250, on behalf of the ACHD, to EPA as a SIP 
revision. Under CO 250, Gulf shall not, at any time, store VOC with 
vapor pressures greater than 1.5 psia, in any storage tank with a 
volume greater than 40,000 gallons, unless the storage tank is equipped 
with a floating roof to control VOC emissions. Under CO 250, the total 
VOC emissions from marine vessel loading must not exceed 21 tons per 
year on a rolling monthly basis over every consecutive 12-month period. 
Under CO 250, Gulf must maintain all records to demonstrate compliance, 
provide sufficient data and all required calculations with the 
requirements of Section 2105.06 of Article XXI of the ACHD's air 
pollution control regulations. Record keeping requirements shall 
include the following: type and annual throughput of VOCs stored and 
distributed at the facility. All records shall be maintained for at 
least two years. Under CO 250, Gulf must operate and maintain all 
process equipment according to good engineering and air pollution 
control practices.

D. Penreco

    Penreco is a refinery facility located in Karns City, Pennsylvania. 
Penreco is a major source of NOX and VOCs. Penreco has three 
boilers, five furnaces, two flare units, two retort units and 
presumptive VOC sources. On May 31, 1995, PADEP issued an operating 
permit (OP-10-027) to establish and impose RACT on Penreco. The OP 10-
027 requires RACT for boilers #1, #5 and #6 to be an annual tune-up and 
testing. The NOX limits must not exceed the following:

------------------------------------------------------------------------
                  Source                            NOX lbs/MMBTU
------------------------------------------------------------------------
Boiler #1.................................  0.1 (natural gas) and 0.14
                                             (oil).
Boiler #5.................................  0.605.
Boiler #6.................................  0.59.
------------------------------------------------------------------------

    The boilers must be tested annually by the portable analyzer. Stack 
testing may be required in accordance with EPA reference methods, 
pending the submission of the results from the portable analyzer. Under 
OP 10-027, the annual capacity factor for the flares shall not exceed 
5% (33 MMBtu/hr for the hydrotreater flare and 15 MMBtu/hr for the 
kerosene/naphtha flare). Under the OP 10-027, all sources subject to

[[Page 43786]]

SIP-approved presumptive RACT (five furnaces, two flare units, two 
retort units and presumptive VOC sources) at Penreco must be installed, 
maintained, and operated in accordance with manufacturers 
specifications. Under OP 10-027 , Penreco shall comply with the record 
keeping requirements of 25 PA Code section 129.95. Penreco must 
properly operate and maintain all processes according to good 
engineering and air pollution control practices in accordance with 
applicable PADEP regulations.

E. Bellefield Boiler Plant

    Bellefield Boiler Plant (Bellefield) is a steam generation facility 
located in Pittsburgh, Pennsylvania. Bellefield is a major source of 
NOX. On December 19, 1996, the ACHD issued an EO (EO 248) to 
establish and impose RACT on Bellefield. The PADEP submitted EO 248, on 
behalf of the ACHD, to EPA as a SIP revision. There are seven boilers 
located at the Bellefield facility. The EO 248 requires that the 
NOX emissions from the seven boilers not exceed the 
following:

------------------------------------------------------------------------
                                                   NOX lbs/
                   Boiler No.                        mMBtu        TPY
------------------------------------------------------------------------
Boiler #1.......................................        0.92         376
Boiler #2.......................................        0.47         258
Boiler #3.......................................        0.63         242
Boiler #4.......................................        0.47         241
Boiler #5.......................................        0.59         261
Boiler #6.......................................        0.28         191
Boiler #7.......................................        0.20          65
------------------------------------------------------------------------

    Under EO 248, Bellefield must not allow the annual average heat 
input for the natural gas burner in boiler #3 to exceed 64MMBtu/hr or 
560,640 MMBtu/yr based on a natural gas heat content of 1,028 Btu/
ft\3\. Under EO 248, Bellefield must determine compliance for this 
condition by maintaining records of natural gas use for the burner. 
Under EO 248, Bellefield is required to perform emission testing on 
boilers 1--6 every five years in accordance with applicable EPA 
approved test methods and Section 2108.02 of Article XXI of the ACHD's 
air pollution control regulations. Compliance with the above referenced 
lbs/MMBtu standards for the six boilers must be determined by an 
average of three one-hour stack tests. Under EO 248, boiler #7 must not 
operate unless a NOX continuous emission monitoring (CEM) 
system is in place all times. Boiler #7 must properly operate and 
maintain the CEM according to 40 CFR, part 60, Db. Under EO 248, 
Bellefield must maintain all records and testing data to demonstrate 
compliance with Section 2105.06 of Article XXI of the ACHD's air 
pollution control regulations. Annual limits must be met on a rolling 
monthly basis over every consecutive 12 month period. Record keeping 
requirements must include the following: type and amount of fuel usage 
per boiler, (tons/day and or MMSCF/day); steam load per boiler, (lbs/
day): and operating hours per boiler, (hours/day and days/year). Under 
EO 248, Bellefield must maintain all records, inspections calibrations 
and /or replacement of fuel-burning equipment (e.g. replacement of 
burners, adjustments of flame patterns and/or air-to-fuel ratios). 
Under EO 248, Bellefield must operate and maintain all equipment 
according to good engineering and air pollution control practices.

F. PA Dept. of Corrections

    Pennsylvania Department of Corrections (DOC) is a state 
correctional institution located in Pittsburgh, Pennsylvania. DOC is a 
major source of NOX. On January 23, 1997, the ACHD issued an 
EO (EO 244) to establish and impose RACT on DOC. The PADEP submitted EO 
244, on behalf of the ACHD, to EPA as a SIP revision. There are three 
boilers located at the DOC facility. Under EO 244, boilers #1, #2 and 
#3 must not operate unless an annual adjustment and/or tuneup is 
performed on the combustion process. The annual adjustment and/or 
tuneup must include, but not be limited to: inspection, adjustment, 
cleaning or replacement of fuel-burning equipment, including burners 
and moving parts necessary for the proper operation as specified by the 
manufacturer; inspection of the flame pattern or characteristics and 
adjustments necessary to minimize total emissions of NOX; 
and inspection of the air-to-fuel ratio control system and adjustments 
necessary to ensure proper calibration and operation as specified by 
the manufacturer. Under EO 244, the operating records must contain the 
following: the date of the adjustment procedure; the name of the 
service company and technicians; the operating rate or load after 
adjustment; the NOX emission rate after adjustment; and the 
excess oxygen rate after adjustment. Under EO 244, DOC must maintain 
all records and testing data to demonstrate compliance with Section 
2105.06 of Article XXI of the ACHD's air pollution control regulations. 
Record keeping requirements must include the following: fuel type and 
usage for each combustion unit. Under EO 244, DOC must operate and 
maintain all equipment according to good engineering and air pollution 
control practices.

G. Pittsburgh Allegheny County Thermal, Ltd.

    Pittsburgh Allegheny County Thermal, Ltd. (PACT) is a steam 
generation facility located in Pittsburgh, Pennsylvania. PACT is a 
major source of NOX. On November 9, 1998, the ACHD issued a 
Plan Approval and an Agreement Upon Consent Order (CO 265) to establish 
and impose RACT on PACT. The PADEP submitted CO 265, on behalf of the 
ACHD, to EPA as a SIP revision. There are four boilers located at the 
PACT facility. Under CO 265, NOX emissions must not exceed 
the following:

------------------------------------------------------------------------
                                                   NOX lbs/
                   Boiler No.                        mMBtu        TPY
------------------------------------------------------------------------
Boiler #1.......................................        0.22       126.5
Boiler #2.......................................        0.22       126.5
Boiler #3.......................................        0.22       126.5
Boiler #4.......................................        0.22       126.5
------------------------------------------------------------------------

    The annual limits must be met on a rolling monthly basis over every 
consecutive 12 months. Under EO 265, PACT is restricted to the use of 
natural gas or No. 2 fuel oil. Under CO 265, PACT must perform 
NOX emission testing on boilers every two years to 
demonstrate compliance in accordance with EPA-approved test methods. 
Under CO 265, PACT must maintain all records and testing data to 
demonstrate compliance with Section 2105.06 of Article XXI of the 
ACHD's air pollution control regulations. Record keeping requirements 
must include the following: production data on a daily basis for each 
boiler; total fuel consumption and type consumed; amount of fuel usage, 
(MMBtu/day and/or gallons/day); steam load, (Mlbs/day); and total 
operating hours, (hours/day) and (hours/year). All records shall be 
maintained for at least two years. Under CO 265, PACT shall not operate 
boilers unless all process equipment and O2 trim equipment 
are properly operated and maintained according to good engineering 
practices. Under CO 265, PACT must operate and maintain all equipment 
according to good engineering and air pollution control practices.

H. Pittsburgh Thermal Limited Partnership

    Pittsburgh Thermal Limited Partnership (PTLP) is a steam generation 
facility located in Pittsburgh, Pennsylvania. PTLP is a major source of 
NOX. On March 4, 1996, the ACHD issued CO 220 to establish 
and impose RACT on PTLP. The PADEP submitted CO 220, on behalf of the 
ACHD, to EPA as a SIP revision. There are three boilers located at the 
PTLP facility. Under CO

[[Page 43787]]

220, NOX emissions must not exceed the following:

------------------------------------------------------------------------
                                                   NOX lbs/
                    Unit No.                         mMBtu        TPY
------------------------------------------------------------------------
Boiler #1.......................................       0.145        54.2
Boiler #2.......................................       0.145        54.2
Boiler #3.......................................       0.145        77.3
------------------------------------------------------------------------

    Under CO 220, PTLP shall not operate boilers unless all process 
equipment and O2 trim equipment are properly operated and 
maintained according to good engineering practices. Fuel usage for 
boilers shall be natural gas only with the exception of emergency 
conditions and/or natural gas curtailment. Under CO 220, PTLP must 
perform NOX emission testing on boiler #3 every two years to 
demonstrate compliance. Testing must be conducted in accordance with 
applicable EPA approved test methods and Section 2108.02 of Article XXI 
of the ACHD's air pollution control regulations. Under CO 220, PTLP 
must maintain all records and testing data to demonstrate compliance 
with applicable EPA approved test methods and Section 2105.06 of 
Article XXI of the ACHD's air pollution control regulations. Record 
keeping requirements must include the following, but not be limited to:
    (1) Production data on a daily basis for each boiler including fuel 
consumption and type consumed, amount of fuel usage (MMBtu/day and/or 
gallon(s)/day), steam load (Mlbs/day), and (d) total operating hours, 
(hours/day) and (hours/year); and (2) All operation, maintenance, 
inspection, calibration and/or replacement of fuel burning equipment 
(i.e. replacement of burner(s), adjustment of flame pattern and/or air-
to-fuel ratio, etc). All records shall be retained for at least two 
years. Under CO 220, PTLP must operate and maintain all equipment 
according to good engineering and air pollution control practices.

III. EPA's Evaluation of the SIP Revision

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

IV. Final Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP to establish and require VOC and/or NOX RACT for eight 
major of 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.

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

[[Page 43788]]

Congress and to the Comptroller General of the United States. Section 
804 exempts from section 801 the following types of rules: (1) rules of 
particular applicability; (2) rules relating to agency management or 
personnel; and (3) rules of agency organization, procedure, or practice 
that do not substantially affect the rights or obligations of non-
agency parties. 5 U.S.C. 804(3). EPA is not required to submit a rule 
report regarding today's action under section 801 because this is a 
rule of particular applicability establishing source-specific 
requirements for eight named sources.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 5, 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 or NOX from 
eight individual sources in the Pittsburgh-Beaver Valley 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 
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)(177) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (177) Revisions pertaining to Chapter 129 for VOC and 
NOX RACT for sources located in the Pittsburgh-Beaver Valley 
nonattainment area, submitted by the Pennsylvania Department of 
Environmental Protection on December 8, 1995, July 1, 1997, and April 
19, 2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of operating permits, 
enforcement orders, and consent orders on the following dates: December 
8, 1995, July 1, 1997, and April 19, 2001.
    (B) Operating Permits (OP), Enforcement Orders (EO), and Consent 
Orders (CO) issued to the following sources:
    (1) Penreco, OP 10-027, effective May 31, 1995.
    (2) Ashland Petroleum Company, CO 256, effective December 19, 1996, 
except for condition 2.9.
    (3) Bellefield Boiler Plant, EO 248, effective December 19, 1996.
    (4) Gulf Oil L. P., CO 250, effective December 19, 1996, except for 
condition 2.5.
    (5) PA Dept. of Corrections, EO 244, effective January 23, 1997.
    (6) Pittsburgh Thermal Limited Partnership, CO 220, effective March 
4, 1996, except for condition 2.5.
    (7) BP Exploration & Oil, Inc., Greensburg Terminal, OP 65-000-378, 
effective March 23, 2001.
    (8) Pittsburgh Allegheny County Thermal, Ltd., CO 265, effective 
November 9, 1998, 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 for the sources listed in paragraph (c)(177)(i)(B), of 
this section.

[FR Doc. 01-21028 Filed 8-20-01; 8:45 am]
BILLING CODE 6560-50-P