[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Rules and Regulations]
[Pages 43779-43783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21030]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4139a; FRL-7037-8]


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 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 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; 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 or 
Pauline Devose at (215) 814-2186, 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,

[[Page 43780]]

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.

II. Summary of the SIP Revisions

    On January 10, 1996, July 24, 1998, April 9, 1999, February 2, 2001 
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 approvals (PAs) and 
operating permits (OPs) issued by PADEP. These five sources are located 
in the Pittsburgh area. The table below identifies the sources and 
individual PAs and OPs which are the subject of this rulemaking. A 
summary of the VOC and RACT determinations for each source follows the 
table.

                      PENNSYLVANIA--VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
----------------------------------------------------------------------------------------------------------------
                                                       Operating permit
             Source                     County           (OP#), plan         Source type       ``Major source''
                                                        approval (PA#)                            pollutant
----------------------------------------------------------------------------------------------------------------
BASF Corporation--Monaca Site...  Beaver............      OP 04-000-306  Polymer production  VOC/ NOX
Equitrans, Inc.--Hartson Station  Washington........      OP 63-000-642  Internal            NOX
                                                                          combustion (IC)
                                                                          engines.
Nova Chemicals, Inc.............  Beaver............      OP 04-000-033  Thermoplastic       VOC/NOX
                                                                          resin
                                                                          manufacturing.
Ranbar Electrical Materials, Inc  Westmoreland......      OP 65-000-042  Paint and resin     VOC
                                                                          manufacturing.
Witco Corporation--Petrolia.....  Butler............          PA 10-037  Specialty oil       VOC/NOX
                                                                          manufacturer.
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[[Page 43781]]

A. BASF Corporation

    BASF Corporation (BASF) is a polymer production facility located in 
Monaca, Beaver County, Pennsylvania. BASF is a major VOC and 
NOX emitting facility. In this instance, RACT has been 
established and imposed by PADEP in an OP. On April 19, 2001, PADEP 
submitted OP 04-000-306 to EPA as a SIP revision. BASF produces various 
styrene/butadiene dispersion emulsions. OP 04-000-306 requires BASF and 
any associated air cleaning devices to be operated and maintained in a 
manner consistent with good operating and management practices. 
Equipment at BASF's Monaca facility includes the following: (1) Raw 
material storage tanks with associated unloading equipment; (2) 
styrene/butadiene (S/B) production area; and (3) Acronal production 
area. OP 04-000-306 requires all raw material storage tanks except the 
versene tank to be vented to the thermal oxidizing unit (TOU) or the 
flare. OP 04-000-306 also requires S/B pre-mix tanks, reactors and 
strippers be vented to the TOU or the flare, except during emergency 
venting. The S/B pre-mix tank contents shall be transferred to the S/B 
reactors using pumps. The emissions from the S/B strippers shall go 
through the closed loop, non-contact condenser, on the way to the TOU 
or the flare. The Acronal pre-emulsion tanks, and reactors shall be 
vented to the TOU or the flare, except during emergency venting. OP 04-
000-306 requires the TOU and the flare to achieve an overall collection 
and destruction efficiency of 99 percent. The TOU shall maintain tan 
exhaust temperature of 1800 degrees Fahrenheit for a residence time of 
one second. The TOU shall be the primary control device used to destroy 
VOC vent emissions. OP 04-000-306 requires the owner and operator to 
continue to administer a fugitive leak detection and repair (LDAR) 
program and comply with the following record keeping requirements: (a) 
Record the temperature of the TOU and/or flare at least two times per 
shift; (b) maintain records of all start-ups, shutdowns and 
malfunctions of the TOU and the flare; (c) keep records of the LDAR 
program; and (d) all records shall be maintained for at least five 
years.

B. Equitrans, Inc., Hartson Station

    Equitrans, Inc. (Equitrans), located in Pittsburgh, Washington 
County, Pennsylvania uses stationary reciprocating internal combustion 
(IC) engines to pump natural gas. Equitrans is a major NOX 
emitting facility. In this instance, RACT has been established and 
imposed by PADEP in an OP. On January 10, 1996 and September 13, 1996, 
PADEP submitted this OP 63-000-642 to EPA as a SIP revision. OP 63-000-
642 requires Equitrans and any associated air cleaning devices to be 
operated and maintained in a manner consistent with good operating and 
management practices. OP 63-000-642 requires the emission rates of each 
Cooper Bessemer GMV-10 engine to meet the annual NOX 
emission limits of 108 tons per year (tpy) and hourly emissions of 43 
pounds per hour (lb/hr). The non-methane volatile organic carbon 
(NMVOC) limits for these engines are 3 tpy and 1 lb/hr. Each Cooper 
Bessemer GMV-10 engine shall be limited to 5000 hours annually. OP 63-
000-642 is required to conduct a minimum of one stack test in 
accordance with 25 PA Code section 139 and PADEP's Source Testing 
Manual, while engines are operating at full load and full speed during 
the ozone season (April to October). All sources operating 750 hours or 
more during the preceding ozone season shall conduct a stack test semi-
annually through either an EPA stack test or through the use of 
portable analyzers. All sources operating less than 750 hours during 
the preceding ozone season shall conduct a stack test annually through 
either an EPA stack test or through the use of portable analyzers. For 
those test utilizing portable analyzers, Equitrans shall submit a 
complete operating procedure to PADEP at least 60 days prior to the 
stack test. The accuracy of the portable analyzer readings shall be 
verified by operation and recording of readings during the EPA method 
stack testing.
    Results from the stack tests using portable analyzers shall be 
maintained for one year. Equitrans is required to submit a pretest 
protocols for review at least 60 days prior to conducting the stack 
test, notice to PADEP that a stack test is to be performed at least two 
weeks prior to conducting the stack test (so that an observer may be 
present), and a stack test report to PADEP within 60 days of testing. 
All annual limits must be met on a rolling monthly basis in every 12 
month period. Equitrans is required to maintain records in accordance 
with the record keeping requirements of 25 PA Code section 129.95 and 
shall retain records for at least two years. At a minimum, the source 
must record operating hours, daily fuel consumption, operating 
pressures, and operating temperatures for each engine. Emission 
reductions in the allowable emission rates below the level specified 
above, are not surplus reductions pursuant to 25 PA Code section 
127.206, and thus, may not be used to generate Emission Reduction 
Credits (ERCs).

C. Nova Chemicals, Inc.

    Nova Chemicals, Inc. (Nova) is a thermoplastic resin manufacturing 
facility located in Potter Township, Beaver County, Pennsylvania. Nova 
is a major VOC and NOX emitting facility. In this instance, 
RACT has been established and imposed by PADEP in an OP. On February 2, 
2001, PADEP submitted OP 04-000-033 to EPA as a SIP revision. OP 04-
000-033 requires Nova and any associated air cleaning devices to be 
operated and maintained in a manner consistent with good operating and 
management practices. OP 04-000-033 is for the operation of VOC 
emission sources subject to 25 PA Code section 129.91. In any 
consecutive 12 month period, VOC emissions from the following emission 
units shall not exceed:

------------------------------------------------------------------------
                                                             Emissions
                         Source                               (tons)
------------------------------------------------------------------------
Unit D2.................................................             186
Unit D3--(Dylene).......................................              11
Unit D3--(Dylite) & Unit D4--(Dylite)...................             253
Dylark..................................................               9
D3 Extrusion (P-20 Compounding Line #2).................               2
D3 Extrusion (Lines 1, 3, 4, and S.P.)..................               7
Field Storage...........................................               5
Plant (miscellaneous)...................................               3
Total Facility Wide.....................................             468
------------------------------------------------------------------------

    To demonstrate compliance with the limits, OP 04-000-033 requires 
the owner/operator of Nova to maintain records in accordance with 25 PA 
Code 129.95. Nova shall utilize a PADEP approved parametric monitoring 
plan. Monitoring data shall be recorded on log sheets, computer media, 
paper printouts, strip charts, or a combination of these. Summary 
reports for all required monitoring shall be submitted to PADEP every 
12 months. The Styrene facility has been permanently shutdown. The post 
RACT NOX emission limits for the units of the shutdown 
facility are as follows:
Two natural gas fired superheaters--30 tons/1 year
Two natural gas fired boilers--24 tons/1 year 54 tons/1 year
    The post VOC RACT for the total process areas for VOC emissions, 
shall not exceed 40 tons in any consecutive 12 month period.

D. Ranbar Electrical Materials, Inc.

    Ranbar Electrical Materials, Inc. (Ranbar) is a paint and resin 
manufacturing facility located in Manor,

[[Page 43782]]

Westmoreland County, Pennsylvania. Ranbar is a major VOC emitting 
facility. In this instance, RACT has been established and imposed by 
PADEP in an OP. On April 19, 1999, PADEP submitted OP 65-000-042 to EPA 
as a SIP revision. OP 65-000-042 requires Ranbar and any associated air 
cleaning devices to be operated and maintained in a manner consistent 
with good operating and management practices. This permit is for the 
continued operation of the Manor Plant and modifications of the ducting 
of the resin thinning tank exhausts to an existing fume incinerator at 
the facility. Under OP 65-000-042, facility-wide VOC emissions shall 
not exceed 112.1 tons per year (tpy) combined total, in any 12 month 
consecutive period. VOC emissions for the individual sources shall not 
exceed the following: (1) resin manufacturing: 37.6 tpy; and (2) paint 
manufacturing: 72.4 tpy. Ranbar shall keep a daily record of the 
quantity of all coatings, diluents, and cleaning solvents used and/or 
manufactured. At a minimum, the record shall contain the gallons of 
each coating produced, the gallons of solvents used and the weight 
percent of organic volatiles in the coating and/or solvents. Ranbar 
shall maintain the above records for all coatings and cleaning solvents 
in stock or shipped off-site for disposal for a period of five years. 
Ranbar shall submit an annual report, to include the total amount of 
each type of coating manufactured for the previous year's operation. 
Ranbar shall install, maintain, and operate all combustion sources in 
accordance with the manufacturer's specifications. Ranbar shall 
maintain records in accordance with the record keeping requirements of 
25 PA Code section 129.95. All records shall be maintained for at least 
two years.

E. Witco Corporation--Petrolia

    Witco Corporation--Petrolia (Witco-Petrolia) is a specialty oil 
manufacturing facility located in Petrolia, Butler County, 
Pennsylvania. Witco-Petrolia is a major VOC and NOX emitting 
facility. In this instance, RACT has been established and imposed by 
PADEP in a PA. On July 24, 1998, PADEP submitted PA 10-037 to EPA as a 
SIP revision. Under PA 10-037, the VOC control for the emissions from 
the methanol storage tanks shall be a passive vent collection system 
with a packed tower scrubber. Witco-Petrolia shall install, test, 
operate and maintain the vent collection and packed tower in accordance 
with conditions specified in the PA. The methanol fugitive emissions 
shall be controlled by the use of the facility's LDAR program which 
shall be in compliance with 25 PA Code section 129.58. PA 10-037 
requires the combustion units not to exceed the following 
NOX limits:

------------------------------------------------------------------------
                                                          NOX emission
                        Source                          limit (lb/MMBTU,
                                                              tpy)
------------------------------------------------------------------------
Boiler #7............................................        0.180, 53.1
Boiler #12 (gas).....................................        0.180, 40.9
Boiler #12 (oil).....................................         0.40, 40.9
Boiler #14...........................................        0.180, 32.3
------------------------------------------------------------------------

    To demonstrate compliance with the emission limits shown above, 
Witco-Petrolia shall maintain NOX emissions on a quarterly 
rolling average. Boilers #7, #12, and #14 shall have an annual 
adjustment or tune-up that will consist of an inspection, adjustment, 
cleaning or replacement of fuel burning equipment, inspection and 
adjustment of the flame characteristics, and the inspection and 
adjustment of the air-to-fuel control system. The tune-up shall be 
performed in accordance with EPA document ``Combustion Efficiency 
Optimization Manual for Operators of Oil and Gas-fired Boilers'', EPA-
340/1-83-023, September 1983. PA10-037 requires the reject stripper (30 
MMBTU/hr), boiler #8 (28.1 MMBTU/hr), and boiler #11 (35 MMBTU/hr) to 
comply with the presumptive SIP-approved RACT requirements of 25 PA 
Code section 129.93(b). Witco-Petrolia shall maintain and operate the 
presumptive NOX sources (less than 20 MMBTU/hr) in 
accordance with the manufacturer's specifications. The sources shall 
also be operated and maintained in accordance with good air pollution 
control practices. PA10-037 also requires Witco-Petrolia to comply with 
the record keeping requirements of 25 PA Code section 129.95.

III. EPA's Evaluation of the SIP Revisions

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

IV. Final Action

    EPA is approving the 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 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 of 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

[[Page 43783]]

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 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 NOX from five 
individual 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 
recordkeeping requirements.

    Dated: August 10, 2001.
Judith Katz,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(173) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (173) 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 Environmental 
Protection on January 10, 1996, July 24, 1998, April 9, 1999, February 
2, 2001 and April 19, 2001.
    (i) Incorporation by reference.
    (A) Letters dated January 10, 1996, July 24, 1998, April 9, 1999, 
February 2, 2001 and April 19, 2001 submitted by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and NOX RACT determinations.
    (B) Plan Approvals (PAs) and Operating Permits (OPs) for the 
following sources:
    (1) Equitrans, Inc., OP 63-000-642, effective July 10, 1995, except 
for the Permit Term.
    (2) Witco Corporation, Petrolia Facility, PA 10-037, effective June 
27, 1995.
    (3) Ranbar Electrical Materials, Inc., OP 65-000-042, effective 
February 22, 1999, except for the Permit Term and conditions 11, 12, 13 
and 14.
    (4) Nova Chemicals, Inc., OP 04-000-033 (Permit No. 04-0033), 
effective as reissued January 24, 2001, except for the Permit Term and 
conditions 8, 9, and 10.
    (5) BASF Corporation, OP 04-000-306, effective March 23, 2001.
    (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)(173)(i)(B) of this section.

[FR Doc. 01-21030 Filed 8-20-01; 8:45 am]
BILLING CODE 6560-50-P