[Federal Register Volume 66, Number 165 (Friday, August 24, 2001)]
[Rules and Regulations]
[Pages 44538-44544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21425]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4144a; FRL-7041-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Ten 
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 ten 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 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: 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

[[Page 44539]]

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

II. Summary of the SIP Revisions

    On July 1, 1997, October 23, 1997, November 4, 1997, December 31, 
1997, April 9, 1999, and August 9, 2000, PADEP submitted revisions to 
the Pennsylvania SIP which establish and impose RACT for several 
sources of VOC and/or NOX. This rulemaking pertains to ten 
of those sources. The remaining sources are or have been the subject of 
separate rulemakings. The Commonwealth's submittals consist of 
operating permits and consent orders which impose VOC and/or 
NOX RACT requirements for each source. These sources are all 
located in the Pittsburgh area. The table below identifies the sources 
and the individual operating permits (OPs), consent orders (COs), or 
enforcement orders (EOs) which are the subject of this rulemaking. A 
summary of the VOC and NOX RACT determinations for each 
source follows the table.

                      Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                                                                     ``Major
             Source                    County               OP# or CO#           Source type         source''
                                                                                                    pollutant
----------------------------------------------------------------------------------------------------------------
Carbidie Corporation...........  Westmoreland......  OP 65-000-720            Tungsten Carbide   VOC
                                                                               Products.
Fansteel Hydro Carbide.........  Westmoreland......  OP 65-000-860            Tungsten Carbide   VOC
                                                                               Products.
Newcomer Products, Inc.........  Westmoreland......  OP 65-000-851            Tungsten Carbide   VOC
                                                                               Products.
Heinz USA--Pittsburgh..........  Allegheny.........  EO 211, CO 247           Food Processing..  VOC

[[Page 44540]]

 
Nabisco Biscuit Company........  Allegheny.........  CO 246                   Food Processing..  NOX/VOC
Aristech Chemical Corporation..  Allegheny.........  CO 232                   Chemical           VOC
                                                                               Manufacturing.
Dyno Nobel Inc.--Donora Plant..  Washington........  OP 63-000-070            Chemical           NOX
                                                                               Manufacturing.
General Carbide Corp...........  Westmoreland......  OP 65-000-622            Powder Milling...  VOC
Koppers Industries, Inc........  Allegheny.........  CO 223                   Chemical           VOC
                                                                               Manufacturing.
Pressure Chemical Company......  Allegheny.........  CO 261                   Chemical           VOC
                                                                               Manufacturing.
----------------------------------------------------------------------------------------------------------------

A. Carbidie Corporation

    Carbidie Corporation (Carbidie) is a tools and parts tungsten 
carbide manufacturer located in Hempfield, Pennsylvania. Carbidie is a 
major source of VOC. On July 31, 1998, PADEP issued an operating permit 
(OP-65-000-720) to establish and impose RACT for Carbidie. Under OP 65-
000-720, fixed lids and shaft seals on mixers and storage tanks must be 
monitored to insure that they are sealing properly sealed. A record of 
daily inspections shall be maintained as well. The temperature of the 
cool water chiller bath shall be maintained in the range of 55 deg.-
72 deg. F. Under OP 65-000-720, a thermocouple must be installed, 
monitored, and maintained to ensure compliance. Dryers equipped with 
condensers must not be operated in the event that the condenser units 
are incapable of operation. Under OP 65-000-720, Carbidie, in 
accordance with 25 Pa Code 129.95, must retain sufficient records to 
demonstrate compliance with all conditions to meet RACT. This includes 
the following, but is not limited to: cool water chiller bath 
temperature (55 deg.-72 deg. F); total heptane consumption on a monthly 
basis; hours of operation; and all maintenance and repair operations to 
ensure compliance with all emission limits and restrictions. All 
records must be retained for at least two years. Carbidie must properly 
operate and maintain all equipment according to good engineering and 
air pollution control practices.

B. Fansteel Hydro Carbide

    Fansteel Hydro Carbide (Fansteel) is a manufacturer of cemented 
tungsten carbide located in Latrobe, Pennsylvania. Fansteel is a major 
source of VOC. Fansteel has three 100SC attritors, five 30S attritors, 
two ballmills, and six vacuum dryers. The attritors will be controlled 
by a packaged chiller unit and the dryers are equipped with condensers. 
On December 12, 1997, PADEP issued an operating permit (OP-65-000-860) 
to establish and impose RACT on Fansteel. Under OP 65-000-860, the 
attritors must not be operated in the event that the package chiller 
unit is incapable of operation and the vacuum dryers shall not operate 
if the condensers are incapable of operation. Under OP 65-000-860, the 
coolant temperature exiting the package chiller unit must be maintained 
no at higher than 55 degrees Fahrenheit. The monitor on chiller unit 
shall visually show the inlet and outlet temperatures. These two 
readings along with time taken must be documented in a log book once a 
shift. These records must be retained on site for at least two years. 
The OP 65-000-860, requires Fansteel to operate an audible alarm in the 
milling room to ensure that the operators are aware if the chiller unit 
outlet water temperature is above the maximum temperature allowed (55 
degrees Fahrenheit). Under OP 65-000-860, Fansteel must track and 
record hours of operation and all maintenance and repair operations to 
the attritor mills, package chiller unit, and vacuum dryers 
(condensers). All such recordkeeping must be done on a monthly basis. 
All such records shall be retained on site for at least two years. 
Under the OP, Fansteel must conduct a fugitive heptane leak detection 
and repair program patterned after that required for fugitive VOC 
sources at petroleum refineries under 25 Pa. Code 129.58. The facility 
shall record all spills of VOC-containing material. Spills must be 
cleaned-up to minimize atmospheric emissions. Emissions which occur as 
a result of spills must be estimated and recorded. Those spills which 
result in emissions exceeding 3 pounds of VOC /hr or 15lbs/day shall be 
immediately reported to PADEP and included in Fansteel's annual 
emissions inventory. Fansteel must document and maintain monthly 
records of the quantity of VOC-containing compound used at this 
facility. Fansteel must monitor in a logbook the weekly heptane 
consumed and recovered. Fansteel must maintain records in accordance 
with 129.95 and 129.91-.94 of Pennsylvania's SIP-approved regulations. 
Fansteel must properly operate and maintain all equipment according to 
good engineering and air pollution control practices.

C. Newcomer Products, Inc.

    Newcomer Products, Inc. (Newcomer) is a tungsten carbide product 
manufacturer located in Latrobe, Pennsylvania. Newcomer is a major 
source of VOC. On August 7, 1997, PADEP issued an operating permit (OP-
65-000-851) to establish and impose RACT on Newcomer. The OP 65-000-851 
requires the installation of a Dry Mill (two 30SC attritors), Water 
Mill & Spray Dryer, and Vibratory Manufacturing System. This operation 
will be controlled by a new cyclone and baghouse. A monthly log must be 
kept of all VOC-containing materials purchased, consumed, and the 
inventory on hand at the facility. These records shall be maintained in 
a file for a period of no less than two years. Under OP 65-000-851, no 
heptane shall be used in the milling, powder making, and the carbide 
pellet making processes unless approved by PADEP. Newcomer must 
properly operate and maintain all equipment according to good 
engineering and air pollution control practices.

D. Heinz USA

    Heinz USA (Heinz) is a food processing facility located in 
Pittsburgh, Pennsylvania. Heinz is a major source of VOC and 
NOX. On March 8, 1996 and October 24, 1996, respectfully, 
the Allegheny County Health Department (ACHD) issued an Enforcement 
Order (EO 211) and a Plan Approval and Agreement Upon Consent Order (CO 
247) to establish and impose RACT on Heinz. Under EO 211, the 
NOX emissions from the seven boilers must not exceed the 
following:

------------------------------------------------------------------------
                                                   NOX lbs/
                   Boiler No.                        MMBtu        TPY
------------------------------------------------------------------------
Boiler #1.......................................        0.24         111
Boiler #2.......................................        0.24         111
Boiler #3.......................................        0.28          74
Boiler #4.......................................        0.28          74
Boiler #5.......................................        0.28          74
Boiler #7.......................................        0.20          74

[[Page 44541]]

 
Boiler #8.......................................        0.10          78
------------------------------------------------------------------------

    Under EO 211, Heinz at no time shall allow the combined annual 
NOX emissions to exceed 596 tons per year. Under EO 211, 
compliance for each boiler must be determined through emission testing 
according to all applicable EPA approved test methods and section 
2108.02 of Article XXI of the ACHD's air pollution control regulation. 
Heinz must conduct emissions monitoring for NOX from boiler 
#8 according to 40 CFR part 60, subpart Db. Under EO 211, Heinz 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. Recordkeeping requirements must include (1) the fuel usage 
and steam load per unit; (2) all recording and reporting required by 
EPA's 40 CFR part 60, subpart Db for boiler #8. Under CO 211, Heinz 
must retain all records required by section 2105.06 of Article XXI. 
Under CO 247, Heinz must install a VOC absorption system, for the 
purposes of reducing VOC emissions from the vinegar production 
generators. Under CO 247, Heinz shall not operate the vinegar 
production generators unless the VOC absorption system is at all times 
properly maintained and operated within the following performance 
specifications: Minimum VOC stack removal efficiency by the absorption 
system of eighty percent (80%); and minimum overall VOC removal 
efficiency of sixty-four percent (64%). Under CO 247, Heinz must 
conduct a system performance test in order to demonstrate compliance 
with the performance specifications. Under CO 247, Heinz must determine 
the stack absorption system removal efficiency according to EPA 
approved test methods and section 2108.02 of Article XXI of the ACHD's 
air pollution control regulations. Also, Heinz must estimate the 
overall control efficiency through material balance calculations. Under 
CO 247, Heinz shall not, at any time, conduct ketchup production in the 
ketchup process mixing kettles unless the addition of vinegar to the 
kettles is through a hard-pipe system from the vinegar storage tanks 
and the kettles are immediately covered after the addition of all 
ingredients. Under EO 247, Heinz must not, at any time, use glue in the 
labeling and packaging process at the facility that exceeds a VOC 
content of on percent (1%), by weight. Under CO 247, Heinz must not, at 
any time, allow the annual average use of solvent borne inks to exceed 
seventy percent (70%) and the maximum VOC content of solvent borne inks 
to exceed ninety-five percent (95%). Under CO 247, Heinz must maintain 
all appropriate records to demonstrate compliance with the requirements 
of section 2150.06 of Article XXI of the ACHD's air pollution control 
regulations. All records must provided sufficient data and calculations 
to demonstrate that all requirements of section 2105.06 of Article XXI 
are met. Heinz must record data and information required to determine 
compliance for the facility in a time frame consistent with the 
averaging period of the requirements of section 2105.06 of Article XXI. 
All records for both (EO 211 and CO 247) must be retained for at least 
two years. Under EO 211 and CO 247, Heinz must operate and maintain all 
process and emission control equipment according to good engineering 
and air pollution control practices.

E. Nabisco Biscuit Company

    Nabisco Biscuit Company (Nabisco) is a bakery facility located in 
Pittsburgh, Pennsylvania. Nabisco is a major source of VOC. On December 
19, 1996, the ACHD issued CO 246 to establish and impose RACT on 
Nabisco. The PADEP submitted CO 246, on behalf of the ACHD, to EPA as a 
SIP revision. Under CO 246, at no time shall Nabisco allow the 
following equipment to operate unless each piece of equipment is being 
maintained and operated in accordance with good engineering practice 
and within the manufacturer's specifications: Boiler #1, Boiler #2; 
Propane vaporizer; and Bake ovens #2-#6. Under CO 246, Nabisco must 
maintain records of fuel type and fuel usage, certifications from fuel 
suppliers for all types of liquid fuel. For each shipment of distillate 
oils #1 or #2, a certification that the fuel complies with ASTM D396-78 
``Standard Specifications for Fuel Oils'' is required. For residual 
oils, minimum recordkeeping includes a certification from the fuel 
supplier of the nitrogen content of the fuel, and identification of the 
sampling method and protocol. Under CO 246, Nabisco must not at any 
time, allow the use of yeast-leaved dough in bake ovens three (#3), 
four (#4) and six (#6). Under CO 246, Nabisco must not allow the annual 
operation of bake ovens two (#2) and five (#5) to exceed eighty-four 
percent (84%) of their maximum operating capacity or 7, 360 hours per 
year, each for yeast-leavened dough. There shall be no limitation on 
the use of non-yeast leavened dough in bake ovens two (#2) or five 
(#5). Annual limits must be met on a rolling monthly basis over every 
consecutive 12 month period. Under CO 246, Nabisco must maintain all 
appropriate records to demonstrate compliance with section 2105.06 of 
Article XXI of the ACHD's air pollution control regulations. Record 
must provide sufficient data and calculations to clearly demonstrate 
that all requirements of section 2105.06 or Article XXI are met. 
Recordkeeping requirements must include the hours of operation, dough 
type (yeast or non-yeast) per bake oven. All records must be retained 
for at least two years. Under CO 246, Nabisco must operate and maintain 
all equipment according to good engineering and air pollution control 
practices.

F. Aristech Chemical Company

    Aristech Chemical Company (Artistech) is a plasticizer 
manufacturing facility located in Pittsburgh, Pennsylvania. Artistech 
is a major source of VOC. On December 30, 1996, the ACHD issued CO 232 
to establish and impose RACT on Aristech. The PADEP submitted CO 232, 
on behalf of the ACHD, to EPA as a SIP revision. Under CO 232, Aristech 
must properly maintain, at all times, the plasticizer manufacturing 
plant reactor vents and the stripper secondary jet water cooled 
condensers at an average annual coolant inlet temperature of 95 deg. F, 
except in emergency situations. Under CO 232, Aristech must operate the 
alcohol measuring tanks for the plasticizer train #3 to operate a 
maximum operating temperature that shall not exceed 110 degrees 
centigrade and the maximum heating cycle must not exceed two hours. 
Under CO 232, Aristech 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. Recordkeeping requirements 
shall include the following, but not be limited to, production records 
and condenser inlet coolant temperatures. All records shall be 
maintained for at least two years. Under CO 232, Aristech must operate 
and maintain all equipment according to good engineering and air 
pollution control practices.

G. Dyno Nobel Inc.

    Dyno Nobel Inc. (Dyno) is a manufacturer of ammonium nitrate 
located in Donora, Pennsylvania. Dyno is a major source of 
NOX. On March 31, 1999, PADEP issued an operating permit 
(OP-63-000-070) to establish and impose RACT on Dyno. The OP 63-000-070 
requires RACT for the entire facility not to exceed 460 tons/year in

[[Page 44542]]

any 12-month consecutive period as follows:

------------------------------------------------------------------------
         Process unit/units              TPY              lbs/hr.
------------------------------------------------------------------------
Ammonia Oxidation Process..........          396  5.5 lbs/ton.
Cleaver Brooks #1 Boiler...........           31  7.1 lbs/hr.
Murray #2 Boiler...................           31  7.1 lbs/hr.
------------------------------------------------------------------------

    Under OP 63-000-070, Dyno must perform an annual adjustment or 
tune-up as required by 25 Pa Code Chapter 129.93 (b)(2) on each boiler 
with individual rated heat inputs between 20 and 50 MMBTU/hr as 
identified. Under OP 63-000-070, Dyno must maintain records for each 
adjustment conducted under the procedures outlined in 25 Pa Code 
Chapter 129.93(b)(2) (i-iii) for all identified combustion sources with 
rated heat inputs between 20 and 50 MMBtu/hr. All records must contain, 
at a minimum, the following: The date of the tuning procedure, the name 
of the service company and technicians, the final operating rate or 
load, the final NOX emission rates, the final excess oxygen 
rate. Under OP 63-000-070, Dyno must maintain records including 
computerized records that may be necessary to comply with 23 Pa Code 
Chapter 135.21 (relating to reporting and emission statements). The 
records shall include production, fuel usage, maintenance of production 
or pollution control equipment, quantification of potential and actual 
air contaminant emissions. Under OP 63-000-070, Dyno shall maintain 
records in accordance with the record keeping requirements of 25 Pa 
Code Chapter 129.95. The records shall provide sufficient data and 
calculations to clearly demonstrate that the requirements of 25 Pa Code 
Chapter 129.91-94 are met. Data and information required to determine 
compliance shall be recorded and maintained in a time frame consistent 
with averaging periods to verify compliance. These records shall be 
retained for at least 5 years. Dyno must properly operate and maintain 
all equipment according to good engineering and air pollution control 
practices in accordance with applicable PADEP regulations.

H. General Carbide Corporation

    General Carbide Corporation (General Carbide) processes metal 
carbide powders into tools and is located in Hempfield Township, 
Pennsylvania. General Carbide is a major source of VOC. On December 29, 
1995, PADEP issued OP-65-000-622 to establish and impose RACT on 
General Carbide. Under OP 65-000-622, General Carbide may not operate 
unless its dryers and condensers are operational. Under OP 65-000-622, 
General Carbide must track and record hours of operation, total heptane 
consumption, all maintenance and repair operations to comply with the 
recordkeeping requirements. These record must be retained on site for 
at least two years. Under OP 65-000-622, General Carbide must conduct 
daily monitoring of the area that uses heptane. A heptane vapor monitor 
will be used to assure that the equipment is functioning properly and 
no leaks are occurring. If any leaks are detected from the storage 
tanks or process, General Carbide will notify PADEP immediately. OP 65-
00-622 requires General Carbide to continue to officially document and 
maintain monthly records on the quantity of VOC containing compounds 
used at the facility. General Carbide must properly operate and 
maintain all processes according to good engineering and air pollution 
control practices in accordance with applicable PADEP regulations.

I. Koppers Industries, Inc.

    Koppers Industries, Inc. (Koppers) is the owner and operator of 
crude tar feed and heavy, middle, and light distillates facilities in 
Clairton, Allegheny County, Pennsylvania. Koppers is a major source of 
VOC. On August 27, 1996, the ACHD issued CO 223 to establish and impose 
RACT on Koppers. The PADEP submitted CO 223, on behalf of the ACHD, to 
EPA as a SIP revision. Under CO 223, Koppers must not operate the tar 
distillation and refining unit unless the VOC emissions from this unit 
is processed by the existing natural gas blanketing system. Under CO 
223, the natural gas blanketing system must be properly maintained and 
operated with a minimum VOC destruction efficiency of 95% at all times 
when the tar distillation and refining unit is operating. Under CO 223, 
the natural gas blanketing system destruction efficiency must be 
determined annually according to US EPA approved test methods and as 
required by section 2108.02(c) of Article XXI of the ACHD's air 
pollution control regulations. Under CO 223, Koppers 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. Under 
CO 223, all records must provide sufficient data and calculations to 
demonstrate that all requirements of section 2105.06 of Article XXI are 
being met. The data and information required to determine compliance 
must be recorded and maintained by the Koppers and shall include, but 
not limited to, throughput and operating hours of the tar refining 
process. All records shall be maintained for at least two years. Under 
CO 223, Koppers must operate and maintain all equipment according to 
good engineering and air pollution control practices.

J. Pressure Chemical Co.

    Pressure Chemical Co. (Pressure Chemical) is a operator of a small 
batch chemical manufacturing facility located in Pittsburgh, 
Pennsylvania. Pressure Chemical is a major source of VOC. On June 11, 
1997, the ACHD issued CO 261 to establish and impose RACT on Pressure 
Chemical. The PADEP submitted CO 261, on behalf of the ACHD, to EPA as 
a SIP revision. Under CO 261, Pressure Chemical must keep all storage 
containers containing VOCs covered at all times except during the 
transfer of materials and must clean any liquid or dry material spilled 
at the facility. Under CO 261, Pressure Chemical must at all times 
maintain the following records in order to calculated actual VOC 
emissions according to accepted mass balance methodology: (1) Purchase 
and inventory records of VOC containing materials; (2) annual 
throughput of VOC-containing materials; and (3) production records for 
all processes involving VOC containing materials. All records must be 
retained for at least two years. Under CO 261, Pressure Chemical must 
properly maintain and operate all existing process equipment according 
to good engineering and air pollution control practices.

III. EPA's Evaluation of the SIP Revisions

    EPA is approving these RACT SIP submittals because the ACHD and 
PADEP established and imposed these RACT requirements in accordance 
with the criteria set forth in SIP-approved RACT regulations applicable 
to these

[[Page 44543]]

sources. The ACHD and PADEP have also imposed recordkeeping, 
monitoring, and testing requirements on these sufficient to determine 
compliance with the applicable RACT determinations.

IV. Final Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP to establish and require VOC and NOX RACT for ten 
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 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 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 ten 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 23, 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 
ten individual sources located in the Pittsburgh-Beaver Valley 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 dioxide, Ozone, Reporting and 
recordkeeping requirements.

    Dated: August 15, 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:


[[Page 44544]]


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

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(178) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (178) Revisions pertaining to VOC and/or NOX RACT for 
major sources, located in the Pittsburgh-Beaver Valley ozone 
nonattainment area, submitted by the Pennsylvania Department of 
Environmental Protection on July 1, 1997, October 23, 1997, November 4, 
1997, December 31, 1997, April 9, 1999 and August 9, 2000.
    (i) Incorporation by reference.
    (A) Letters dated July 1, 1997, October 23, 1997, November 4, 1997, 
December 31, 1997, April 9, 1999 and August 9, 2000 submitted by the 
Pennsylvania Department of Environmental Protection transmitting 
source-specific VOC and/or NOX RACT determinations, in the 
form of operating permits, consent orders, and enforcement orders.
    (B) Operating permits (OP), Consent Orders (CO) and Enforcement 
Orders (EO) for the following sources:
    (1) Aristech Chemical Corporation, CO 232, effective December 30, 
1996, except for condition 2.6.
    (2) Heinz USA, EO 211, effective March 8, 1996, except for 
conditions 1.5, 2.4, and 2.5; and CO 247, effective October 24, 1996, 
except for conditions 1.11 and 2.7.
    (3) Koppers Industries, Inc., CO 223, effective August 27, 1996, 
except for condition 2.5.
    (4) Nabisco Biscuit Company, CO 246, effective December 19, 1996, 
except for condition 2.5.
    (5) Pressure Chemical Company, CO 261, effective June 11, 1997, 
except for condition 2.8.
    (6) General Carbide Corporation, OP 65-000-622, effective December 
29, 1995, except for the Permit Term.
    (7) Fansteel Hydro Carbide, OP 65-000-860, effective December 12, 
1997.
    (8) Carbidie Corporation, OP 65-000-720, effective July 31, 1998, 
except for the Permit Term, and Conditions 4, 5 and 11.
    (9) Dyno Nobel, Inc., OP 63-000-070, effective March 31, 1999, 
except for the Permit Term.
    (10) Newcomer Products, Inc., OP-65-000-851, effective August 7, 
1997.
    (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)(178)(i)(B) of 
this section.

[FR Doc. 01-21425 Filed 8-23-01; 8:45 am]
BILLING CODE 6560-50-P