[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Rules and Regulations]
[Pages 44057-44060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21148]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4147a; FRL-7040-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; NOX RACT Requirements for Four 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) related requirements to limit 
nitrogen oxides ( NOX) from four sources. These sources are 
located in the Pittsburgh-Beaver Valley ozone nonattainment area (the 
Pittsburgh area). EPA is approving these revisions to the SIP in 
accordance with the Clean Air Act (CAA).

DATES: This rule is effective on October 9, 2001 without further 
notice, unless EPA receives adverse written comment by September 21, 
2001. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Air Quality Planning & Information Services Branch, Air Protection 
Division, Mailcode 3AP21, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
documents relevant to this action are available for public inspection 
during normal business hours at the Air Protection Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103; the Air and Radiation Docket and 
Information Center, U.S. Environmental Protection Agency, 401 M Street, 
SW., Washington, DC 20460; Allegheny County Health Department, Bureau 
of Environmental Quality, Division of Air Quality, 301 39th Street, 
Pittsburgh, Pennsylvania 15201 and the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

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

SUPPLEMENTARY INFORMATION:

I. Background

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

[[Page 44058]]

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 July 1, 1997, PADEP submitted revisions to the Pennsylvania SIP 
which establish and impose RACT and RACT-related requirements for 
several major sources of VOC and/or NOX. This rulemaking 
pertains to four of those sources for their NOX emissions. 
The remaining sources are or have been the subject of separate 
rulemakings. The Commonwealth's submittals consist of plan approval and 
agreement upon consent orders (consent Orders or COs) and an 
enforcement order (EO) issued by the Allegheny County Health Department 
(ACHD). The PADEP submitted these COs and EO to EPA, on behalf of ACHD, 
as SIP revisions. These four sources are located in the Pittsburgh 
area.

A. General Motors Corporation

    General Motors Corporation (GMC) is an automotive parts 
manufacturing facility located in West Mifflin, Allegheny County, 
Pennsylvania. GMC had the potential to emit more than 100 tons per year 
(tpy) of NOX. In this instance, the ACHD issued CO 243 to 
GMC. On July 1, 1997, PADEP submitted CO 243 to EPA on behalf of the 
ACHD as a SIP revision. CO 243 requires GMC not to exceed annual 
NOX emissions of 99 tons per year, and also not to exceed 
the combined actual heat input to boilers number 1 and 2 of 355,651 
MMBTUs/year. For the annual limits imposed in CO 243 to meet EPA's 
Federal enforceability criteria for limiting this source's potential to 
emit below the major source threshold, the annual limits imposed in CO 
243 must be met on a rolling monthly basis over every consecutive 12 
month period. Under CO 243, GMC must maintain records to demonstrate 
compliance with this CO and Article XXI, section 2105.06. Records shall 
include, but not be limited to the fuel type and amount of fuel usage 
for boilers number 1 and 2. All records shall be retained for at least 
two years.

B. Oakmont Steel, Inc.

    Oakmont Steel, Inc. (OSI) is a steel production facility located in 
Oakmont, Allegheny County, Pennsylvania. OSI had the potential to emit 
more than 100 tpy of NOX. In this instance, the ACHD issued 
CO 226 to OSI. On July 1, 1997, PADEP submitted CO 226 to EPA on behalf 
of the ACHD as a SIP revision. CO 226 requires OSI's annual 
NOX emissions not to exceed 100 tons per year. For the 
annual limits imposed in CO 226 to meet EPA's Federal enforceability 
criteria for limiting this source's potential to emit below the major 
source threshold, the annual limits imposed in CO 226 must be met on a 
rolling monthly basis over every consecutive 12 month period. Under CO 
226, OSI must maintain records to demonstrate compliance with this CO 
and Article XXI, section 2105.06. Records shall include the fuel type 
and fuel usage for the facility. All records shall be retained for at 
least two years.

C. The Peoples Natural Gas, Co.

    The Peoples Natural Gas, Co. (PNG) is a natural gas compressor 
station located in Plum Borough, Allegheny County, Pennsylvania. PNG 
had the potential to emit more than 100 tpy of NOX. In this 
instance, the ACHD issued CO 240 to PNG. On July 1, 1997, PADEP 
submitted CO 240 to EPA on behalf of the ACHD as a SIP revision. CO 240 
requires PNG not to exceed the annual NOX emissions of 95 
tons per year. For the annual limits imposed in CO 240 to meet EPA's 
Federal enforceability criteria for limiting this source's potential to 
emit below the major source threshold, the annual limits imposed in CO 
240 must be met on a rolling monthly basis over every consecutive 12 
month period. Under CO 240, PNG must maintain records to demonstrate 
compliance with this CO and Article XXI, section 2105.06. Records shall 
include, but not limited to the fuel type and amount of fuel usage per 
engine, and the hours of operation of the engine. All records shall be 
retained for at least two years.

D. U.S. Bureau of Mines

    U.S. Bureau of Mines (USBM) is a power manufacturing facility 
located in Pittsburgh, Allegheny County, Pennsylvania. USBM is a major 
NOX emitting facility. In this instance, RACT has been 
established and imposed by ACHD in EO 215. On July 1, 1997, PADEP 
submitted this EO 215 to EPA on behalf of the ACHD as a SIP revision. 
EO 215 requires USBM not to allow the operating hours and 
NOX emissions from the subject equipment to exceed the 
following limitations:

----------------------------------------------------------------------------------------------------------------
                                                                      Annual              NOX  emissions
                              Unit                                   operating   -------------------------------
                                                                       hours         lbs/MMBTU       Tons/year
----------------------------------------------------------------------------------------------------------------
Boiler #1.......................................................            6797            0.29            64.8
Boiler #3.......................................................            6797            0.13            12.6
Boiler #4.......................................................            6797            0.13            12.6
                                                                 -----------------------------------------------
 

[[Page 44059]]

 
Total annual limits.............................................          20,391  ..............            90.0
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    Under EO 215, USBM must maintain records to demonstrate compliance 
with this EO and Article XXI, section 2105.06. The annual limits 
imposed in EO 215 must be met on a rolling monthly basis over every 
consecutive 12 month period. Records shall include certifications from 
fuel suppliers for all types of fuel and for each shipment of 
distillate oils number 1 or 2; and a certification that the fuel 
complies with ASTM D396-78, ``Standard Specifications for Fuel Oils''. 
All records shall be retained for at least two years. USBM shall 
operate and maintain all process and emission control equipment 
according to good engineering practice.

III. EPA's Evaluation of the SIP Revisions

    EPA is approving these SIP submittals because ACHD established and 
imposed requirements in accordance with the criteria set forth in SIP-
approved regulations for imposing RACT or for limiting a source's 
potential to emit. The ACHD has also imposed record-keeping, 
monitoring, and testing requirements on these sources sufficient to 
determine compliance with these requirements.

IV. Final Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP on behalf of ACHD to reduce NOX from four 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 6, 2001 without further notice unless EPA 
receives adverse comment by September 21, 2001. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
Please note that if adverse comment is received for a specific source 
or subset of sources covered by an amendment, section or paragraph of 
this rule, only that amendment, section, or paragraph for that source 
or subset of sources will be withdrawn.

V. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.'' See 66 FR 28355, May 22, 2001. This 
action merely approves state law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant. In reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the Clean Air Act. In this context, in the absence 
of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission that otherwise satisfies the provisions of 
the Clean Air Act. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not

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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 four 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 requirements to control NOX from four 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 14, 2001.
Thomas C. Voltaggio,
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)(181) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (181) Revisions pertaining to NOX RACT-related 
requirements for General Motors, Corp.; Oakmont Steel, Inc.; The 
Peoples Natural Gas, Co.; and U.S. Bureau Of Mines located in Allegheny 
County portion of the Pittsburgh-Beaver Valley ozone nonattainment 
area, submitted by the Pennsylvania Department of Environmental 
Protection on July 1, 1997.
    (i) Incorporation by reference.
    (A) Letter dated July 1, 1997, submitted by the Pennsylvania 
Department of Environmental Protection transmitting several source-
specific VOC and/or NOX RACT related determinations.
    (B) Plan Approval and Agreement Upon Consent Orders (COs) and an 
Enforcement Order (EO) for the following sources:
    (1) General Motors, Corp., CO 243, effective August 27, 1996, 
except for condition 2.5.
    (2) Oakmont Steel, Inc., CO 226, effective May 14, 1996, except for 
condition 2.5.
    (3) The Peoples Natural Gas, Co., CO 240, effective August 27, 
1996, except for condition 2.5.
    (4) U.S. Bureau of Mines, EO 215, effective March 8, 1996, except 
for condition 2.5.
    (ii) Additional Materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the 
sources listed in paragraph (c)(181)(i)(B) of this section.

[FR Doc. 01-21148 Filed 8-21-01; 8:45 am]
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