[Federal Register Volume 66, Number 165 (Friday, August 24, 2001)]
[Rules and Regulations]
[Pages 44532-44538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21427]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4133a; FRL-7037-4]


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,

[[Page 44533]]

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

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act 
(CAA), the Commonwealth of Pennsylvania (the Commonwealth or 
Pennsylvania) is required to establish and implement RACT for all major 
VOC and NOX sources. The major source size is determined by 
its location, the classification of that area and whether it is located 
in the ozone transport region (OTR).
    Under section 184 of the CAA, RACT as specified in sections 
182(b)(2) and 182(f) applies throughout the OTR. The entire 
Commonwealth is located within the OTR. Therefore, RACT is applicable 
statewide in Pennsylvania.
    State implementation plan revisions imposing reasonably available 
control technology (RACT) for three classes of VOC sources are required 
under section 182(b)(2). The categories are: (1) All sources covered by 
a Control Technique Guideline (CTG) document issued between November 
15, 1990 and the date of attainment; (2) all sources covered by a CTG 
issued prior to November 15, 1990; and (3) all major non-CTG sources. 
The regulations imposing RACT for these non-CTG major sources were to 
be submitted to EPA as SIP revisions by November 15, 1992 and 
compliance required by May of 1995.
    The Pennsylvania SIP already includes approved RACT regulations for 
all sources and source categories covered by the CTGs. On February 4, 
1994, PADEP submitted a revision to its SIP to require major sources of 
NOX and additional major sources of VOC emissions (not 
covered by a CTG) to implement RACT. The February 4, 1994 submittal was 
amended on May 3, 1994 to correct and clarify certain presumptive 
NOX RACT requirements. In the Pittsburgh area, a major 
source of VOC is defined as one having the potential to emit 50 tons 
per year (tpy) or more, and a major source of NOX is defined 
as one having the potential to emit 100 tpy or more. Pennsylvania's 
RACT regulations require sources, in the Pittsburgh area, that have the 
potential to emit 50 tpy or more of VOC and sources which have the 
potential to emit 100 tpy or more of NOX comply with RACT by 
May 31, 1995. The regulations contain technology-based or operational 
``presumptive RACT emission limitations'' for certain major 
NOX sources. For other major NOX sources, and all 
major non-CTG VOC sources (not otherwise already subject to RACT under 
the Pennsylvania SIP), the regulations contain a ``generic'' RACT 
provision. A generic RACT regulation is one that does not, itself, 
specifically define RACT for a source or source categories but instead 
allows for case-by-case RACT determinations. The generic provisions of 
Pennsylvania's regulations allow for PADEP to make case-by case RACT 
determinations that are then to be submitted to EPA as revisions to the 
Pennsylvania SIP.
    On March 23, 1998 EPA granted conditional limited approval to the 
Commonwealth's generic VOC and NOX RACT regulations (63 FR 
13789). In that action, EPA stated that the conditions of its approval 
would be satisfied once the Commonwealth either (1) certifies that it 
has submitted case-by-case RACT proposals for all sources subject to 
the RACT requirements currently known to PADEP; or (2) demonstrate that 
the emissions from any remaining subject sources represent a de minimis 
level of emissions as defined in the March 23, 1998 rulemaking. On 
April 22, 1999, PADEP made the required submittal to EPA certifying 
that it had met the terms and conditions imposed by EPA in its March 
23, 1998 conditional limited approval of its VOC and NOX 
RACT regulations by submitting 485 case-by-case VOC/NOX RACT 
determinations as SIP revisions and making the demonstration described 
as condition 2, above. EPA determined that Pennsylvania's April 22, 
1999 submittal satisfied the conditions imposed in its conditional 
limited approval published on March 23, 1998. On May 3, 2001 (66 FR 
22123), EPA published a rulemaking action removing the conditional 
status of its approval of the Commonwealth's generic VOC and 
NOX RACT regulations on a statewide basis. The regulation 
currently retains its limited approval status. Once EPA has approved 
the case-by-case RACT determinations submitted by PADEP to satisfy the 
conditional approval for subject sources located in Allegheny, 
Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland 
Counties; the limited approval of Pennsylvania's generic VOC and 
NOX RACT regulations shall convert to a full approval for 
the Pittsburgh area.
    It must be noted that the Commonwealth has adopted and is 
implementing additional ``post RACT requirements'' to reduce seasonal 
NOX emissions in the form of a NOX cap and trade 
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule 
developed by the States in the OTR. That rule's compliance date is May 
1999. That regulation was approved as SIP revision on June 6, 2000 (65 
FR 35842). Pennsylvania has also adopted regulations to satisfy Phase I 
of the NOX SIP call and submitted those regulations to EPA 
for SIP approval. Pennsylvania's SIP revision to address the 
requirements of the NOX SIP Call Phase I consists of the 
adoption of Chapter 145--Interstate Pollution Transport Reduction and 
amendments to Chapter 123--Standards for Contaminants. On May 29, 2001 
(66 FR 29064), EPA proposed approval of the Commonwealth's 
NOX SIP call rule SIP submittal. EPA expects to publish the 
final rulemaking in the Federal Register in the near future. Federal 
approval of a case by case RACT determination for a major source of 
NOX in no way relieves that source from any applicable 
requirements found in 25 PA Code Chapters 121, 123 and 145.
    On March 21, 1996, July 1, 1997, April 9, 1999, and April 19, 2001, 
PADEP submitted revisions to the Pennsylvania SIP which establish and 
impose RACT for several sources of VOC and/or NOX. This 
rulemaking pertains to 10 of those sources. The remaining sources are 
or have been the subject of separate rulemakings. The Commonwealth's 
submittals consist of plan approvals (PAs) and operating permits (OPs) 
issued by PADEP, and agreement upon consent orders (COs) issued by the 
Allegheny County Health Department (ACHD) which impose VOC and/or 
NOX RACT requirements for each source. These sources are all 
located in the Pittsburgh area.

II. Summary of the SIP Revisions

    The table below identifies the sources and the individual PAs, OPs 
and COs which are the subject of this rulemaking. A summary of the VOC 
and

[[Page 44534]]

 NOX RACT determinations for each source follows the table.

                      Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                       Plan approval (PA #)                           ``Major
            Source                    County        operating permit  (OP #),      Source type       source''
                                                      consent order  (CO #)                          pollutant
----------------------------------------------------------------------------------------------------------------
Anchor Glass Container Corp...  Fayette..........  PA-26-000-119                Glass Container   NOX.
                                                                                 Mfg.
Anchor Hocking Specialty Glass  Beaver...........  OP-04-000-084                Pressed & Blown   NOX.
 Co.                                                                             Glass Mfg.
Corning Consumer Products Co..  Washington.......  PA-63-000-110                Glassware Mfg...  NOX.
General Electric Company......  Allegheny........  CO 251                       Glass Tubing Mfg  NOX.
Glenshaw Glass Company, Inc...  Allegheny........  CO 270                       Container Glass   NOX.
                                                                                 Mfg.
Guardian Industries, Corp.....  Allegheny........  CO 242                       Float Glass Mfg.  NOX.
Allegheny County Sanitary       Allegheny........  CO 222                       Wastewater        NOX.
 Authority.                                                                      Treatment.
Browning-Ferris Ind...........  Allegheny........  CO 231A                      Municipal         VOC
                                                                                 Landfill.
Chambers Development Company..  Allegheny........  CO 253                       Municipal         VOC
                                                                                 Landfill.
Kelly Run Sanitation..........  Allegheny........  CO 236                       Municipal         VOC
                                                                                 Landfill.
----------------------------------------------------------------------------------------------------------------

A. Anchor Glass Container Corporation

    Anchor Glass Container Corporation (Anchor) is a glass manufacturer 
located in Connellsville, Pennsylvania. Anchor is a major source of 
NOX. Anchor has three glass melting furnaces for the 
production of glass. On December 20, 1996, PADEP issued PA-26-000-119 
to establish and impose RACT on Anchor. Under the PA, Anchor must meet 
NOX emission limitations of 5.5 lbs/ton, 5.5 lbs/ton and 
12.75 lbs/ton of glass processed at furnaces #1, #2, and #3, 
respectively. RACT for furnace 3 also includes any 
NOX reductions accomplished by energy efficient rebricking 
of the furnace. Compliance is to be demonstrated through annual stack 
testing in accordance with 25 Pa Code Chapter 139. Anchor is subject to 
the recordkeeping requirements of Pa Code section 129.95. Anchor must 
properly operate and maintain all process and associated emission 
control equipment according to good engineering and air pollution 
control practices in accordance with applicable PADEP regulations.

B. Anchor Hocking Speciality Glass Co.

    The Anchor Hocking Speciality Glass Co. (Anchor Hocking) is a 
pressed and blown glass manufacturer located in Monaca, Pennsylvania. 
Anchor Hocking is a major source of NOX. Anchor has three 
glass melting furnaces for the production of glass. On October 13, 
1995, PADEP issued OP-04-000-084 to establish and impose RACT on Anchor 
Hocking. The OP requires RACT as the operation of Low-NOX 
burners, underport firing, and low-excess air on the melter tank. It 
requires SIP-approved presumptive RACT requirements on the annealing, 
decorating and the quenching lehrs, and the removal of the niter 
(sodium nitrate) addition from the glass-making process. Under the OP, 
Anchor Hocking must maintain excess air at less 4.5 percent. The 
facility's NOX emissions may not exceed 5.0lbs/ton of glass 
produced and shall not exceed 279 tons/year. Under OP-04-000-084, 
Anchor Hocking shall conduct a minimum of one stack test in accordance 
with 25 PA Code Section 139. Anchor Hocking must maintain records in 
accordance with the recordkeeping requirements of Pa Code Section 
129.95. The following records shall be kept: operating hours and daily 
fuel consumption. These records shall be maintained on file for no less 
than two years. Units applicable to presumptive limits identified in Pa 
Code section 129.93 shall operate in accordance with manufacturer's 
specifications for installation, maintenance, and operation of these 
sources. Anchor Hocking must properly operate and maintain all process 
and emission control equipment according to good engineering and air 
pollution control practices in accordance with applicable PADEP 
regulations.

C. Corning Consumer Products Co.

    Corning Consumer Products (Corning) is a glassware manufacturer 
located in Charleroi, Pennsylvania. Corning is a major source of 
NOX. Corning has two glass melting tanks, one firing kiln 
and 12 small combustion units used in the production of glassware. On 
January 4, 1996, PADEP issued PA-63-000-110 to establish and impose 
RACT on Corning. The PA requires Tank #11 to convert gas/oxygen firing 
on all ports and electric boost to be increased to 30% on this unit. 
Tank #6 must continue the operation of gas/oxygen firing on all ports. 
RACT for the Tunnel kiln and the 12 small units shall be the operation 
and maintenance of these units in accordance with manufacturer's 
specifications and good air pollution control practices. Under the PA, 
Corning must meet the following emission limitations: (1) Tank #6, 22.8 
lbs of NOX/hr and 100 tons of NOX/year, 0.35 lbs 
of VOC/hr and 1.53 tons of VOC /year; (2) Tank #11, 57.1 lbs of 
NOX/hr and 250 tons of NOX/year, 2.0 lbs of VOC/
hr and 8.8 tons of VOC/year; (3) Tunnel kiln, 1.75 lbs of 
NOX/hr and 7.7 tons of NOX/year, 0.01 lbs of VOC/
hr and 0.04 tons of VOC/year; and the combination of the 12 small 
units, 4.03 lbs of NOX/hr and 17.66 tons of NOX/
year, 3.34 lbs of VOC/hr and 14.6 tons of VOC/year. Compliance is to be 
demonstrated thorough stack testing in accordance with 25 Pa Code 
Chapter 139. Annual limits are to be met on a rolling monthly basis for 
every consecutive 12 month period. Corning shall comply with the 
recordkeeping requirements of Pa Code section 129.95, including daily 
records on natural gas, oxygen, temperatures, electric consumption and 
tons of fill charged to Tanks #6 and #11. These records shall be 
maintained on file for at least two years. Corning must properly 
operate and maintain all process and emission control equipment 
according to good engineering and air pollution control practices in 
accordance with applicable PADEP regulations.

D. General Electric Company

    The General Electric Company (GE) is a glass tubing manufacturing 
facility located in Collier, Pennsylvania. GE is a major source of 
NOX. On December 19, 1996, Allegheny County Health 
Department (ACHD) issued CO 251 to establish and impose RACT on GE. The 
PADEP submitted CO 251, on behalf of the ACHD, to EPA as a SIP 
revision. GE produces glass in six glass melting furnaces, three cullet 
dryers, three natural gas boilers. There are two emergency generators 
used as back-up

[[Page 44535]]

for boilers. RACT for the Simplex furnace is the operation of ox-fuel 
combustion equipment. General Electric must maintain the baseline 
controls for the Fait furnace, Germicidal furnace and the 180 furnace 
including adherence to the furnace manufacturer's specifications and 
good engineering practices, low-excess oxygen for each furnace and the 
use of cullet as a batch ingredient for the180 furnace. All units are 
required to comply with manufacturer's specifications in accordance 
with good engineering and air pollution control practices. 
Additionally, GE must utilize electric boost as part of the baseline 
controls for the Gas/Electric and Special Furnaces. Under CO 251, the 
remaining sources (boilers, cullet dryers and emergency generators) 
must comply with manufacturer's specifications in accordance with good 
engineering and air pollution control practices. The CO requires that 
the NOX emissions from the following units shall not exceed 
the following: (1) The Simplex furnace, 37.5lbs/hr and 165 tons/yr; (2) 
the 180 furnace, 27.72lbs/hr and 122 tons/yr. Under CO 251, GE is 
required to conduct emissions testing at least once every three years 
in accordance with applicable EPA approved test methods and Section 
2108.02 of Article XXI of the ACHD's air pollution control regulations. 
Annual limits are to met on a rolling monthly basis for every 
consecutive 12 month period. Under CO 251, GE must maintain all records 
and testing data to demonstrate compliance with Section 2108.06 of 
Article XXI of the ACHD's air pollution control regulations. Record 
keeping requirements shall include the following: records of oxygen and 
fuel usage; production records for the Simplex furnace and; production 
usage and fuel usage of all other furnaces. All records shall be 
maintained for at least two years. Under CO 251, GE must operate and 
maintain all process and emission control equipment according to good 
engineering and air pollution control practices.

E. Glenshaw Glass Company

    The Glenshaw Glass Company (Glenshaw) is a glass manufacturing 
facility located in Glenshaw, Pennsylvania. Glenshaw is a major source 
of NOX. On March 10, 2000, the ACHD issued CO 270 to 
establish and impose RACT on Glenshaw. The PADEP submitted CO 270, on 
behalf of the ACHD, to EPA as a SIP revision. Glenshaw produces glass 
in four glass melting furnaces. The CO 270 limits NOX 
emissions from the glass melting furnaces as the following:

(1) Furnace #1: 6.5lbs/ton glass and 267 tons/year ;
(2) Furnace #2: 6.5lbs/ton glass and 250 tons/yr;
(3) Furnace #3: 6.5lbs/ton glass and 190 tons/year; and
(4) Furnace #4: 6.5lbs/ton glass and 202 tons/year.

    Under CO 270, Glenshaw is required to conduct emissions testing at 
least once every two years in accordance with applicable EPA approved 
test methods and Section 2108.02 of Article XXI of the ACHD's air 
pollution control regulations. Annual limits are to met on a rolling 
monthly basis for every consecutive 12 month period. Under CO 270, 
Glenshaw must maintain all records and testing data to demonstrate 
compliance with section 2105.06 of Article XXI of the ACHD's air 
pollution control regulations. Record keeping requirements shall 
include fuel use and production date per combustion unit. All records 
shall be maintained for at least two years. Under CO 270, Glenshaw must 
operate and maintain all process and emission control equipment 
according to good engineering and air pollution control practices.

F. Guardian Industries, Corp.

    Guardian Industries, Corp. (Guardian) is a float glass 
manufacturing facility located in Floreffe, Pennsylvania. Guardian is a 
major source of NOX. On August 27, 1996, ACHD issued CO 242 
to establish and impose RACT on Guardian. The PADEP submitted CO 242, 
on behalf of the ACHD, to EPA as a SIP revision. Guardian produces 
glass in one glass melting furnace. The CO limits the NOX 
emissions from the glass melting furnace to 40.0 lbs/ton glass and 2556 
tons/year. Under CO 242, Guardian is required to conduct emissions 
testing at least once every two years in accordance with applicable EPA 
approved test methods and section 2108.02 of Article XXI of the ACHD's 
air pollution control regulations. The annual limit is to met on a 
rolling monthly basis for every consecutive 12 month period. Under CO 
242, Guardian must maintain all records and testing data to demonstrate 
compliance with Section 2108.02 of Article XXI of the ACHD's air 
pollution control regulations. Record keeping requirements shall 
include fuel use and operating hours for the glass melting furnace; and 
all maintenance, inspection and repair activities, calibration and/or 
replacement of fuel-burning equipment for the glass melting furnace. 
Guardian must maintain daily records of information on the batch house 
and the glass melting furnace operations. All records shall be retained 
for at least two years. Under CO 242, Guardian must operate and 
maintain all process and emission control equipment according to good 
engineering and air pollution control practices.

G. Allegheny County Sanitary Authority

    The Allegheny County Sanitary Authority (ALCOSAN) operates a 
publically owned wastewater treatment works facility located in 
Allegheny County, Pennsylvania. ALCOSAN is a major source of 
NOX. On May 14, 1996, the ACHD issued CO 222 to establish 
and impose RACT on ALCOSAN. The PADEP submitted CO 222, on behalf of 
the ACHD, to EPA as a SIP revision. The CO 222 requires that the 
NOX emissions from the entire facility shall not exceed 95 
tons per year from two Fluidized bed incinerators (FBI) and one Multi-
hearth incinerator. Under CO 222, the multi-hearth sludge incinerator 
shall not exceed annual operating hours of 3,665 per year. The annual 
limits are to met on a rolling monthly basis for every consecutive 12 
month period. Under CO 222, ALCOSAN must maintain all records to 
demonstrate compliance, provide sufficient data and calculations with 
the requirements of Section 2105.06 of Article XXI of the ACHD's air 
pollution control regulations. Record keeping requirements shall 
include the fuel type and amount of fuel usage per combustion unit; 
hours of operation of combustion unit; and amount of sludge processed, 
in dry tons, for all the incinerators. All records shall be maintained 
for at least two years. Under CO 222, ALCOSAN must operate and maintain 
all process and emission control equipment according to good 
engineering and air pollution control practices.

H. Browning-Ferris Industries of PA, Inc.

    Browning-Ferris Industries of PA, Inc. (BFI) is the operator of a 
solid waste municipal landfill located in Allegheny County, 
Pennsylvania. BFI is a major source of VOC. On April 28, 1997, the ACHD 
issued CO 231A to establish and impose RACT on BFI. The PADEP submitted 
CO 231A, on behalf of the ACHD, to EPA as a SIP revision. The CO 
requires a properly maintained and operated active landfill off gas 
collection system which collects off gas from each cell, area or group 
of cells in which initial solid waste has been placed for a period 
equal to or exceeding five (5) years if the subject cell, area or group 
of cells is active, with the exception of Area Seven (7), Phase Two 
(2), or two years if the subject cell, area or group of cells is closed 
or at grade. The average collection system efficiency of the active off 
gas collection

[[Page 44536]]

system shall be a minimum of seventy-five (75%) percent at all times. 
Compliance for the collection efficiency shall be determined by 
calculating the VOC emission rate from the cells, areas/groups of cells 
treated by the off gas collection system according to current approved 
EPA estimation procedures and the actual collection system off gas flow 
rate data. Such collection efficiency determinations must be conducted 
and reported annually. Except in emergency situations and for 
maintenance purposes requiring shutdown, BFI shall at all times, with 
the exception of Area Seven (7), Phase Two (2), have a properly 
maintained and operated off gas control system which shall process 
collected off gas and meet the following reduction efficiency criteria: 
(1) A minimum VOC destruction efficiency of ninety-eight (98%) percent, 
by weight percent; or (2) twenty parts per million (20ppm) as hexane by 
volume, dry basis at three percent (3%) oxygen or less. Compliance with 
the reduction criteria specified above shall be determined by emission 
testing conducted every five years according to applicable EPA approved 
test methods and Section 2108.02 of Article XXI of the ACHD's air 
pollution control regulations. The collection system must be operated 
with negative pressure at each wellhead at all times except (1) when a 
fire is present or when well temperatures indicate the possibility of a 
fire; (2) when a geomembrane or synthetic cover is in place; or (3) 
when a decommissioned well may experience static positive pressure 
after shutdown to accommodate declining off gas flows. Each interior 
wellhead shall operate with a landfill gas temperature of less than 
one-hundred and thirty-one (131) degrees Fahrenheit at all times with 
the exception of increased levels necessary to control offsite 
migration, a nitrogen level less than 20 percent or an oxygen level 
less then five percent. Each wellhead must be monitored monthly for 
temperature and nitrogen or oxygen levels according to EPA approved 
methods. Under CO 231A, BFI must maintain all records regarding gas 
monitoring data, tonnage records, a waste characterization with 
sufficient data and calculations to clearly demonstrate that all 
requirements of Section 2108.06 of Article XXI and CO231A are being 
met. Under CO 231A, all records shall be maintained for at least two 
years. BFI must operate and maintain all process and emission control 
equipment according to good engineering and air pollution control 
practices. Finally, it should be noted that CO 231A also requires that 
within one year after Area Seven (7), Phase Two (2) achieves final 
grade, BFI must install, operate and maintain a landfill gas collection 
and control system that meets, without exception, all the conditions of 
CO 231A.

I. Chambers Development Company

    Chambers Development Company (Chambers) is the owner and operator 
of a solid waste municipal landfill located in Allegheny County, 
Pennsylvania. Chambers is a major source of VOC. On December 30, 1996, 
ACHD issued CO 253 to establish and impose RACT on Chambers. The PADEP 
submitted CO 253, on behalf of the ACHD, to EPA as a SIP revision. The 
CO requires a properly maintained and operated active landfill off gas 
collection system which collects off gas from each cell, area or group 
of cells in which initial solid waste has been placed for a period 
equal to or exceeding five (5) years if the subject cell, area or group 
of cells is active, or two years if the subject cell, area or group of 
cells is closed or at grade.
    The average collection system efficiency of the active off gas 
collection system shall be a minimum of seventy-five (75%) percent at 
all times. Compliance for the collection efficiency shall be determined 
by calculating the VOC emission rate from the cells, areas/groups of 
cells treated by the off gas collection system according to current 
approved EPA estimation procedures and the actual collection system off 
gas flow rate data. Such collection efficiency determinations must be 
conducted and reported annually. Except in emergency situations and for 
maintenance purposes requiring shutdown, Chambers shall, at all times, 
have a properly maintained and operated off gas control system which 
shall process collected off gas and meet the following reduction 
efficiency criteria: (1) A minimum VOC destruction efficiency of 
ninety-eight (98%) percent, by weight percent; or (2) twenty parts per 
million (20ppm) as hexane by volume, dry basis at three percent (3%) 
oxygen or less. Compliance with the reduction criteria specified above 
shall be determined by emission testing conducted every five years 
according to applicable EPA approved test methods and Section 2108.02 
of Article XXI of the ACHD's air pollution control regulations. The 
collection system must be operated with negative pressure at each 
wellhead at all times except (1) when a fire is present or when well 
temperatures indicate the possibility of a fire; (2) when a geomembrane 
or synthetic cover is in place; or (3) when a decommissioned well may 
experience static positive pressure after shutdown to accommodate 
declining off gas flows. Each interior wellhead shall operate with a 
landfill gas temperature of less than fifty-five (55) degrees 
centigrade at all times, with a nitrogen level less than 20 percent or 
an oxygen level less then five percent. Each wellhead must be monitored 
monthly for temperature and nitrogen or oxygen levels according to EPA 
approved methods. Under the CO, Chambers must maintain all records 
regarding gas monitoring data, tonnage records, a waste 
characterization with sufficient data and calculations to clearly 
demonstrate that all requirements of Section 2108.06 of Article XXI and 
CO 253 are being met. Under the CO, all records shall be maintained for 
at least two years. Chambers must operate and maintain all process and 
emission control equipment according to good engineering and air 
pollution control practices.

J. Kelly Run Sanitation

    Kelly Run Sanitation (Kelly Run) operates a solid waste municipal 
landfill located in Allegheny County, Pennsylvania. Kelly Run is a 
major source of VOC. On January 23, 1997, ACHD issued CO 236 to 
establish and impose RACT on Kelly Run. The PADEP submitted CO 236, on 
behalf of the ACHD, to EPA as a SIP revision. The CO requires a 
properly maintained and operated active landfill off gas collection 
system which collects off gas from each cell, area or group of cells in 
which initial solid waste has been placed for a period equal to or 
exceeding five (5) years if the subject cell, area or group of cells is 
active, or two years if the subject cell, area or group of cells is 
closed or at grade. The average collection system efficiency of the 
active off gas collection system shall be a minimum of seventy-five 
(75%) percent at all times. Compliance for the collection efficiency 
shall be determined by calculating the VOC emission rate from the 
cells, areas/groups of cells treated by the off gas collection system. 
Such collection efficiency determinations must be conducted and 
reported annually. Except in emergency situations and for maintenance 
purposes requiring shutdown, Kelly Run shall, at all times, have a 
properly maintained and operated off gas control system which shall 
process collected off gas and meet a reduction efficiency criteria of a 
minimum VOC destruction efficiency of ninety-eight (98%) percent, by 
weight percent. Compliance with the reduction criteria specified above 
shall be

[[Page 44537]]

determined by emission testing conducted every five years according to 
applicable EPA approved test methods and Section 2108.02 of Article XXI 
of the ACHD's air pollution control regulations.
    The collection system must be operated with negative pressure at 
each wellhead at all times except (1) when a fire is present or when 
well temperatures indicate the possibility of a fire; (2) when a 
geomembrane or synthetic cover is in place; or (3) when a 
decommissioned well may experience static positive pressure after 
shutdown to accommodate declining off gas flows. Each interior wellhead 
shall operate with a landfill gas temperature of less than fifty-five 
(55) degrees centigrade at all times, with a nitrogen level less than 
20 percent or an oxygen level less then five percent. Each wellhead 
must be monitored monthly for temperature and nitrogen or oxygen levels 
according to EPA approved methods. Under the CO, Kelly Run must 
maintain all records regarding gas monitoring data, tonnage records, a 
waste characterization with sufficient data and calculations to clearly 
demonstrate that all requirements of Section 2108.06 of Article XXI and 
CO 236 are being met. Under the CO, all records shall be maintained for 
at least two years. Kelly Run must operate and maintain all process and 
emission control equipment according to good engineering and air 
pollution control practices.

III. EPA's Evaluation

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

IV. Final Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP to establish and require VOC and 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

[[Page 44538]]

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 NOX from ten 
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 
record keeping requirements.

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

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(167) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (167) Revisions pertaining to VOC and NOX RACT for major 
sources, located in the Pittsburgh-Beaver Valley ozone nonattainment 
area, submitted by the Pennsylvania Department of Environmental 
Protection on March 21, 1996, July 1, 1997, April 9, 1999 and April 19, 
2001.
    (i) Incorporation by reference.
    (A) Letters dated March 21, 1996, July 1, 1997, April 9, 1999 and 
April 19, 2001 submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of plan approvals, 
operating permits, and consent orders.
    (B) Plan approvals (PA), Operating permits (OP), or Consent Orders 
(CO) for the following sources:
    (1) Anchor Glass Container Corporation, Plant 5, PA 26-000-119, 
effective December 20, 1996.
    (2) Anchor Hocking Specialty Glass Co., Phoenix Glass Plant, OP 04-
000-084, effective October 13, 1995.
    (3) Corning Consumer Products Company, Charleroi Plant, PA 63-000-
110, effective January 4, 1996, except for the third sentence of 
condition 3 (which references condition 13), and conditions 5, 6, 7, 13 
in their entirety.
    (4) General Electric Company, CO 251, effective December 19, 1996, 
except for condition 2.5.
    (5) Glenshaw Glass Company, Inc., CO 270, effective March 10, 2000, 
except for condition 2.5.
    (6) Guardian Industries, Corp., CO 242, effective August 27, 1996, 
except for conditions 2.5.
    (7) Allegheny County Sanitary Authority, CO 222, effective May 14, 
1996, except for condition 2.5.
    (8) Browning-Ferris Industries of Pennsylvania Inc., Findlay 
Township Landfill, CO 231A, effective April 28, 1997, except for 
condition 2.5.
    (9) Chambers Development Company, Monroville Borough Landfill, CO 
253, effective December 30, 1996, except for condition 2.5.
    (10) Kelly Run Sanitation, Forward Township Landfill, CO 236, 
effective January 23, 1997, except for condition 2.5.
    (ii) Additional Materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(167)(i)(B) of 
this section.
[FR Doc. 01-21427 Filed 8-23-01; 8:45 am]
BILLING CODE 6560-50-P