[Federal Register Volume 66, Number 165 (Friday, August 24, 2001)]
[Rules and Regulations]
[Pages 44528-44532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21423]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4136a; FRL-7035-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC RACT Determinations for Nine 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 nine major sources of volatile 
organic compounds (VOC). 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 9, 2001 without further 
notice, unless EPA receives adverse written comment by September 24, 
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

[[Page 44529]]

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 March 21, 1996, October 18, 1996, January 21, 1997, July 1, 
1997, March 23, 2001, and April 19, 2001, PADEP submitted revisions to 
the Pennsylvania SIP which establish and impose RACT for several major 
sources of VOC. This rulemaking pertains to nine of those sources. The 
remaining sources are or have been the subject of separate rulemakings. 
The Commonwealth's submittals consist of operating permits (OPs) issued 
by PADEP and plan approval and agreement upon consent orders (Consent 
Orders or COs) issued by the Allegheny County Health Department (ACHD). 
These nine sources are located in the Pittsburgh area.

II. Summary of the SIP Revisions

    The table below identifies the sources and individual OPs and COs 
which are the subject of this rulemaking. A summary of the VOC RACT 
determinations for each source follows the table.

                          Pennsylvania--VOC RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                          Consent order (CO#),                       ``Major
            Source                      County              operating permit      Source type        source''
                                                                 (OP#)                              pollutant
----------------------------------------------------------------------------------------------------------------
Armstrong World Industries,    Beaver..................  OP 04-000-108          Ceiling tile     VOC
 Inc.--Beaver Falls.                                                             manufacturing.
Bacharach, Inc...............  Allegheny...............  CO 263                 Gas detection    VOC
                                                                                 equipment
                                                                                 manufacturing.
Bakerstown Container           Allegheny...............  CO 221                 Steel drum       VOC
 Corporation.                                                                    reconditioning.
Chestnut Ridge Foam, Inc.....  Westmoreland............  OP 65-000-181          Foam product     VOC
                                                                                 manufacturing.
Flexsys America L. P.,         Washington..............  OP 63-000-015          Crystex          VOC
 Monongahela Plant.                                                              manufacturing.
Haskell of Pittsburgh........  Allegheny...............  CO 224                 Steel office     VOC
                                                                                 furniture
                                                                                 manufacturing.
Three Rivers Aluminum Company  Butler..................  OP 10-267              Aluminum window  VOC
                                                                                 manufacturing.
Tuscarora Plastics, Inc......  Beaver..................  OP 04-000-497          Expandable       VOC
                                                                                 polystyrene
                                                                                 plant.
Witco Corporation............  Allegheny...............  CO 210                 Lubricant        VOC
                                                                                 manufacturing.
----------------------------------------------------------------------------------------------------------------

A. Armstrong World Industries

    Armstrong World Industries (AWI) manufactures commercial grade 
ceiling tile. This facility is located in Beaver Falls, Beaver County, 
Pennsylvania. AWI is a major VOC emitting facility. In this instance, 
RACT has been established and imposed by PADEP in an OP. On January 21, 
1997, PADEP submitted this OP 04-000-108 to EPA as a SIP revision. OP 
04-000-108 requires AWI and any associated air cleaning devices to be 
operated and maintained in a manner consistent with good operating and 
management practices. Under OP 04-000108, AWI must comply with the 
facility emission limit of 164 tons of VOC per year. AWI must not 
exceed a ceiling board production rate of 96 million square feet per 
year. AWI must maintain coating usage records. The production rate must 
be monitored and recorded to demonstrate compliance with the annual 
facility emission limit of 164 tons of VOC per year. Monitoring data 
will be recorded in log sheets, computer media, paper printouts, strip 
charts, or a combination of these for each production line. Summary 
reports of all required monitoring must be submitted by AWI to PADEP 
every 12 months. Compliance with annual limits must be met on a rolling 
monthly basis over very consecutive 12 month period.

B. Bacharach Inc.

    Bacharach Inc. manufactures gas detection equipment and temperature 
and measurement devices. This facility is located in O'Hara Township, 
Allegheny County, Pennsylvania. Bacharach Inc. is a major VOC emitting 
facility. In this instance, RACT has been established and imposed by 
ACHD in CO 263. On April 19, 2001, PADEP submitted CO 263 to EPA on 
behalf of the ACHD as a SIP revision. Bacharach Inc. consists of two 
processes: (a) Vapor degreaser, and (2) spray paint booth and oven. 
Under CO 263, Bacharach Inc. is not allowed to exceed 50 tons per year 
of total combined annual facility wide emissions of VOCs. Also, under 
CO 263, Bacharach Inc. must maintain records to demonstrate compliance 
with this CO and Article XXI, section 2105.06. Recordkeeping 
requirements must include material purchase and consumption records. 
All records shall be retained for at least two years.

C. Bakerstown Container Corporation

    Bakerstown Container Corporation (BCC) is a steel drum 
manufacturing facility located in Bakerstown, Allegheny County, 
Pennsylvania. BCC is a major VOC emitting facility. In this instance, 
RACT has been established and imposed by ACHD in CO 221. On July 1, 
1997, PADEP submitted CO 221

[[Page 44530]]

to EPA on behalf of the ACHD as a SIP revision. BCC reconditions 55 
gallon steel drums and consists of a drum drying furnace, drum interior 
and drum exterior coating processes, a curing oven and one boiler. 
Under CO 221, at no time shall BCC allow the drum burning furnace to 
operate unless the furnace and afterburner are properly maintained and 
operated within the following parameters: (1) Minimum afterburner 
operating temperature of 1600 degrees Fahrenheit, and (2) minimum 
afterburner residence time of 0.5 seconds. Also under CO 221, at no 
time shall BCC store containers of VOCs at the facility unless such 
containers are covered at all times, with the exceptions of the 
following: (a) the mixing of paint immediately prior to paint 
application, and (b) the transfer of material to different containers. 
CO 221 requires BCC at all times and as expeditiously as possible, to 
cleanup any liquid or dry material spilled at the facility. CO 221 also 
requires BCC to maintain records to demonstrate compliance with this CO 
and Article XXI, section 2105.06. Recordkeeping requirements must 
include the quantity, composition, and density of all coatings and 
solvents, including solvents used for cleanup and purging, used in each 
process. All records shall be retained for at least two years.

D. Chestnut Ridge Foam, Inc.

    Chestnut Ridge Foam, Inc. (Chestnut) operates a facility for the 
manufacture of flame-resistant and specialty foam products located in 
East Huntington Township, Westmoreland County, Pennsylvania. Chestnut 
is a major VOC emitting facility. In this instance, RACT has been 
established and imposed by PADEP in an OP. On March 21, 1996, PADEP 
submitted OP 65-000-181 to EPA as a SIP revision. OP 654-000-181 
requires that all processes and associated air cleaning devices be 
operated and maintained in a manner consistent with good operating and 
management practices. OP 654-000-181 is for the operation of the 
various VOC emitting sources: Dip Line, Lamination line, Ross Line, 
Glue Tables, Urethane Line, Boiler #1, Boiler #2, and Box Dryers. OP 
654-000-181 requires Chestnut not to exceed 165.57 tons per year of 
VOC. All records shall be retained for at least two years. 
Recordkeeping includes monthly records on the quantity of VOC 
containing compounds used at the facility. Annual limits are to be met 
on a rolling monthly basis over every consecutive 12 month period.

E. Flexsys America L.P.

    Flexsys America L.P. (Flexsys), Monongahela Plant, manufactures an 
insoluble sulfur additive called Crystex which is used in the making of 
rubber tires. The facility is located in Monongahela, Washington 
County, Pennsylvania. Flexsys is a major VOC emitting facility. In this 
instance, RACT has been established and imposed by PADEP in an OP. On 
April 19, 2001, PADEP submitted OP 63-000-015 to EPA as a SIP revision. 
OP 63-000-015 requires Flexsys' processes and any associated air 
cleaning devices to be operated and maintained in a manner consistent 
with good operating and management practices. Flexsys must maintain 
records in accordance with 25 PA Code section 129.95. Under OP 63-000-
015, VOC emissions from this facility shall not exceed 170 tons per 
year to met on a rolling monthly basis over every consecutive 12 month 
period. In addition, VOC emissions from the Crystex process, shall not 
exceed 3.2 pounds per hour. The method of compliance with the VOC 
emission limitations above shall be the submittal of a yearly report to 
PADEP summarizing the actual and potential VOC emissions. This report 
shall describe in detail the methods used to calculate the emissions.

F. Haskell of Pittsburgh, Inc.

    Haskell of Pittsburgh, Inc. (Haskell) is a steel office furniture 
manufacturing facility located in Verona, Allegheny County, 
Pennsylvania. Haskell is a major VOC emitting facility. In this 
instance, RACT has been established and imposed by ACHD in CO 224. On 
July 1, 1997, PADEP submitted CO 224 to EPA on behalf of the ACHD as a 
SIP revision. Haskell has six separate manufacturing processes along 
with miscellaneous facility maintenance operations. CO 224 requires 
Haskell the following:
    (1) For the paint process: Utilize high solid paint coatings which 
have a VOC content not greater than 3.0 pounds per gallon, less water 
and exempt solvents, as applied; and utilize electrostatic spray 
equipment or equipment equal to or better in terms of VOC emission 
control.
    (2) For the paint mixing room process: Utilize high solid paint 
coatings which have a VOC content not greater than 0.3 pounds per 
gallon, less water and exempt solvents, as applied; cover containers 
containing VOCs at all times, except during the transfer of material to 
different containers; and clean, as expeditiously as possible, any 
liquid or dry material spilled containing VOCs.
    (3) For the paint storage rooms: Cover containers containing VOCs 
at all times, except during the transfer of material to different 
containers; and clean, as expeditiously as possible, any liquid or dry 
material spilled containing VOCs.
    (4) For the burn-off oven: For the purpose of paint removal, 
maintain and operate its incinerator so that the minimum operating 
temperature of 1400 degrees Fahrenheit and minimum residence time of 
0.5 seconds is maintained.
    (5) For the xylene reclaim process: Utilize the still as a VOC 
control device, condensing the VOC containing vapors as a means of 
capturing VOCs.
    (6) For the glue booth process operations: Utilize only glues which 
have a VOC content of not greater than 3.0 pounds per gallon, less 
water and exempt solvents, as applied.
    (7) Operations with respect to the use of xylol in cleaning and 
maintenance: Maintain covers on all xylol containers except when in 
use, and clean any spilled xylol as expeditiously as possible.
    CO 224 requires the VOC content of the booth peel used at the 
facility not to exceed 7.0 pounds per gallon, less water and exempt 
solvents, as applied. CO 224 requires Haskell to maintain records to 
demonstrate compliance with this CO and Article XXI, section 2105.06. 
Recordkeeping requirements must include the quantity, composition and 
density of all coatings and solvents in the paint process, and the glue 
both process, including solvents used for cleanup and purging in such 
processes. All records shall be retained for at least two years.

G. Three Rivers Aluminum Company

    Three Rivers Aluminum Company (TRACO) manufactures commercial 
thermally improved operating and fixed windows, insulated glass, and 
custom and finished aluminum extrusions. The facility is located in 
Cranberry Township, Butler County, Pennsylvania. TRACO is a major VOC 
emitting facility. In this instance, RACT has been established and 
imposed by PADEP in an OP. On March 23, 2001, PADEP submitted OP 10-267 
to EPA as a SIP revision. OP 10-267 requires TRACO to continue to 
investigate the use of substitute solvents; continue to improve 
procedures to reduce solvent usage and evaporative loss for assembly 
operations and continue to implement good work practices and mange 
solvent use and rags to minimize evaporation. All sources shall be 
operated and maintained in accordance with good air pollution control 
practices. OP 10-267 also requires TRACO to keep a log of all

[[Page 44531]]

solvents used in the assembly operations. The log requirements are: (a) 
To be maintained on a monthly basis specifying monthly VOC emissions 
from the assembly operations; and (b) to be maintained for a period of 
at least 5 years.

H. Tuscarora Plastics, Inc.

    Tuscarora Plastics, Inc. (Tuscarora) is an expandable polystyrene 
plant located in New Brighton, Beaver County, Pennsylvania. Tuscarora 
manufactures various foam plastic products, including structural 
components, custom molded parts, foam plastic packaging and material 
handling constituents, Tuscarora is a major VOC emitting facility. In 
this instance, RACT has been established and imposed by PADEP in an OP. 
On October 18, 1996, PADEP submitted OP 04-000-497 to EPA as a SIP 
revision. OP 04-000-497 requires Tuscarora's processes and any 
associated air cleaning devices to be operated and maintained in a 
manner consistent with good operating and management practices. OP 04-
000-497 requires the average VOC content of the raw material by weight 
shall not exceed 4.3 percent for the expandable polystyrene (EPS) beads 
and 8 percent for small quantities of polystyrene/polyethylene 
copolymer (ARCEL) beads. VOC emissions shall be limited to 4.17 pounds 
per 100 pounds of raw material processed for EPS, and 7.2 pounds per 
100 pounds of raw material processes for ARCEL. The annual VOC emission 
rate shall not exceed 63 tons facility wide to met on a rolling monthly 
basis over every consecutive 12 month period. Records shall be 
maintained verifying emission rates and shall be retained for at least 
two years.

I. Witco Corporation

    Witco Corporation (Witco) is a grease and other lubricants 
manufacturing facility located in Gibsonia, Allegheny County, 
Pennsylvania. Witco is a major VOC emitting facility. In this instance, 
RACT has been established and imposed by ACHD in CO 210. On July 1, 
1997, PADEP submitted CO 210 to EPA on behalf of the ACHD as a SIP 
revision. CO 210 requires Witco not to conduct any process operations 
which generate emissions of VOCs at any time, unless all VOC emissions 
are processed by the facility's thermal oxidizer. The thermal oxidizer 
shall be properly maintained and operated with a minimum VOC 
destruction efficiency of 98.9 percent, a minimum retention of 0.5 
seconds and a minimum operating temperature of 1500 degrees Fahrenheit 
at all times during process operations. The thermal oxidizer 
destruction efficiency shall be determined annually according to EPA 
approved test methods and section 2108.02.c of Article XXI. CO 210 
requires Witco to maintain records to demonstrate compliance with this 
CO and Article XXI, section 2105.06. All records shall be retained for 
at least two years.

III. EPA's Evaluation of the SIP Revisions

    EPA is approving these RACT SIP submittals because ACHD and PADEP 
established and imposed these RACT requirements in accordance with the 
criteria set forth in the SIP-approved RACT regulations applicable to 
these sources. The ACHD and PADEP has also imposed recordkeeping, 
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 RACT for nine 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 9, 
2001 without further notice unless EPA receives adverse comment by 
September 24, 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

[[Page 44532]]

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 nine 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 9, 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 from nine individual sources 
in the Pittsburgh area 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, Ozone, Reporting and recordkeeping 
requirements.

    Dated: August 9, 2001.
Thomas C. Voltaggio,
Deputy 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)(170) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (170) Revisions pertaining to VOC RACT for major sources, located 
in the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by 
the Pennsylvania Department of Environmental Protection on March 21, 
1996, October 18, 1996, January 21, 1997, July 1, 1997, March 23, 2001, 
and April 19, 2001.
    (i) Incorporation by reference.
    (A) Letters dated March 21, 1996, October 18, 1996, January 21, 
1997, July 1, 1997, March 23, 2001, and April 19, 2001, submitted by 
the Pennsylvania Department of Environmental Protection transmitting 
source-specific VOC RACT determinations.
    (B) Operating Permits (OPs) and Plan Approval and Agreement Upon 
Consent Orders (COs) for the following sources:
    (1) Armstrong World Industries, Beaver Falls Plant, OP 04-000-108, 
effective May 29, 1996.
    (2) Bacharach, Inc., CO 263, effective October 10, 1997, except for 
condition 2.5.
    (3) Bakerstown Container Corporation, CO 221, effective May 14, 
1996, except for condition 2.5.
    (4) Chestnut Ridge Foam, Inc., OP 65-000-181, effective December 
29, 1995.
    (5) Flexsys America L.P., Monongahela Plant, OP 63-000-015, 
effective March 23, 2001, except for the Permit Term.
    (6) Haskell of Pittsburgh, Inc., CO 224, effective December 19, 
1996, except for condition 2.4.
    (7) Three Rivers Aluminum Company, OP 10-267, effective March 1, 
2001.
    (8) Tuscarora Plastics, Inc., OP 04-000-497, effective April 3, 
1996.
    (9) Witco Corporation, CO 210, effective May 14, 1996.
    (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 (i)(B), above.

[FR Doc. 01-21423 Filed 8-23-01; 8:45 am]
BILLING CODE 6560-50-P