[Federal Register Volume 66, Number 170 (Friday, August 31, 2001)]
[Rules and Regulations]
[Pages 45938-45941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22002]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4148a; FRL-7046-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Three 
Individual Sources in the Philadelphia-Wilmington-Trenton 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 three major sources of volatile 
organic compounds (VOC) and/or nitrogen oxides (NOX). These 
sources are located in the Philadelphia-Wilmington-Trenton ozone 
nonattainment area (the Philadelphia 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 15, 2001 without further 
notice, unless EPA receives adverse written comment by October 1, 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; 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: Melik Spain at (215) 814-2299, 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; (3) All other major non-CTG rules 
were due by November 15, 1992. The Pennsylvania SIP has approved RACT 
regulations and requirements 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 
Philadelphia area, a major source of VOC is defined as one having the 
potential to emit 25 tons per year (tpy) or more, and a major source of 
NOX is also defined as one having the potential to emit 25 
tpy or more. Pennsylvania's RACT regulations require sources, in the 
Philadelphia area, that have the potential to emit 25 tpy or more of 
VOC and sources which have the potential to emit 25 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

[[Page 45939]]

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 
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 in the Philadelphia area 
. Once EPA has approved the case-by-case RACT determinations submitted 
by PADEP to satisfy the conditional approval for subject sources 
located in Bucks, Chester, Delaware, Montgomery and Philadelphia 
Counties; the limited approval of Pennsylvania's generic VOC and 
NOX RACT regulations shall convert to a full approval for 
the Philadelphia 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 April 20, 1999, June 28, 2000, and August 8, 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 three of those sources. The Commonwealth's submittals 
consist of plan approvals and operating permits which impose VOC and/or 
NOX RACT requirements for each source. These three sources 
are all located in the Philadelphia area. A summary of the VOC and/or 
NOX RACT determinations for each source is provided below.

A. Exelon Generation Company--Richmond Generating Station

    Exelon Generation Company (Exelon), formerly PECO Energy Company, 
is a power plant located in Philadelphia, Pennsylvania. Exelon is a 
major NOX emitting facility. The Philadelphia Air Management 
Services (AMS) issued a plan approval, PA-51-4903, to impose 
NOX RACT for the 2 General Electric Frame 7B turbines in 
operation at Exelon's Richmond Generating Station. The PADEP submitted 
PA-51-4903 to EPA, as a SIP revision, on behalf of AMS. These 2 
turbines each burn No. 2 oil. Both turbines have nominal outputs of 66 
megawatts (MW). PA-51-4903 imposes NOX RACT on Exelon's 2 
turbines as a restriction on the operating capacity of each combustion 
turbine to less than 15% capacity. The capacity factor limitation will 
be met on a monthly rolling basis over every 12 consecutive month 
period. PA-51-4903 requires Exelon to operate these turbines in 
accordance with the manufacturer's specifications. PA-51-4903 also 
limits each combustion turbine NOX emissions to 0.7 pounds 
or less of NOX per million British thermal units (lbs of 
NOX/MMBtu). Exelon must collect and keep records detailing 
the daily fuel usage, net power generation, and NOX 
emissions data, to demonstrate compliance with the NOX RACT 
requirements of 25 Pa Code sections 129.91--129.94. All process 
equipment and associated air pollution control devices must be 
maintained and operated in accordance with good air pollution 
engineering and air pollution control practices. Federal approval of 
this RACT determination for Exelon in no way relieves that source from 
applicable requirements found in 25 PA Code Chapters 121, 123 and 145.

B. FPL Energy MH 50, L.P.

    FPL Energy MH 50, L.P., (FPL) is a power plant located in Delaware 
County, Pennsylvania. FPL is a major NOX emitting facility. 
PADEP issued PA-23-0084 to impose NOX RACT for the Brown 
Boveri 51.77 MW combustion turbine in operation at FPL's Marcus Hook 
plant. This turbine was previously owned and operated by Sunoco, 
Incorporated (R&M). The Brown Boveri combustion turbine, Model No. GT8, 
burns natural gas and reformer gas. PA-23-0084 imposes NOX 
emission limits on FPL's turbine of 45 parts per million (ppm) when 
firing natural gas, and a 67 ppm NOX limit when firing 
reformer gas. The ppm limits will be met on an hourly basis, corrected 
to 15% oxygen on a dry basis. PA-23-0084 also establishes an annual 
NOX emissions limit of 463 tpy. The annual limit must be met 
every month over any 12 consecutive month period. PA-23-0084 requires 
FPL to operate a continuous emissions monitoring system (CEMS) at the 
combustion turbine exhaust stack. Operation of CEMS must be in 
accordance with the requirements of 25 Pa Code Chapter 123 or Chapter 
139. All process equipment and associated air pollution control devices 
must be maintained and operated in accordance with good air pollution 
engineering and air pollution control practices.

C. Waste Management Disposal Services of Pennsylvania, Inc. (Pottstown 
Landfill)

    The Pottstown Landfill is a solid municipal waste landfill owned 
and operated by Waste Management Disposal Services of Pennsylvania, 
Incorporated. The landfill is located in Montgomery County, 
Pennsylvania. The landfill itself is a major VOC emitting source and 
the associated combustion equipment used as VOC control technology for 
the landfill gas are responsible for the Pottstown Landfill being a 
major source NOX. PADEP issued Pottstown Landfill OP-46-0033

[[Page 45940]]

to establish VOC and NOX RACT for the landfill, the flare, 
and 2 turbines in operation at the facility. OP-46-0033 imposes a 
minimum collection efficiency of 90% or greater for the landfill gas. 
The collection system must be designed to minimize off-site migration 
of the subsurface gas. An enclosed flare is to be used to burn landfill 
gas.
    OP-46-0033 limits the flow rate of the landfill gas to the enclosed 
flare to 3475 square cubic feet per minute. In addition, OP-46-0033 
specifies that the enclosed flare will be operated to minimize VOC 
emissions from the landfill gas taken in from the collection system 
such that it achieves a destruction efficiency of 98%, by weight. The 
OP also limits the enclosed flare outlet concentration to 20 ppm by 
volume (ppmv), NonMethane Organic Compound (NMOC), measured on a dry 
basis as hexane at 3% oxygen. OP-46-0033 limits the VOC emissions from 
the enclosed flare to 1.21 pounds per hour (lbs/hr) and 5.29 tpy. 
Emissions of NOX from the enclosed flare will be limited to 
18.48 lbs/hr and 80.85 tpy. The NMOC emissions rate and VOC emissions 
rate must be calculated using procedures specified in 40 CFR 60.754 
(and as it may be subsequently amended). The flow rate of landfill gas 
to the enclosed flare will be recorded continuously. The 2 landfill gas 
fired turbines are each rated at 42 MMBtu per hour. OP-46-0033 
specifies that these 2 turbines burn onsite landfill gas only and that 
they be operated to reduce VOC emissions from the landfill at a minimum 
efficiency of 99%, by weight. The emissions of NOX, 
expressed as nitrogen dioxide, for each of the turbines as specified in 
OP-46-0033, must never exceed 42 ppmv at 15% oxygen, measured on a dry 
basis. OP-46-0033 limits the VOC emissions from each of the turbines to 
0.48 lbs/hr and 2.09 tpy. Emissions of NOX from each of the 
turbines is also limited to 42 ppmv at 15% oxygen on a dry basis, 4.75 
lbs/hr, and 20.9 tpy. The annual limits established in OP-46-0033 must 
be met on a rolling monthly basis over every consecutive 12 month 
period. OP-46-0033 requires Pottstown Landfill to monitor the pressure 
of the enclosed flare and report events of unanticipated positive 
pressure. OP-46-0033 also imposes on the Pottstown Landfill, bi-monthly 
leak monitoring, detection and repair program. The landfill gas used as 
fuel for the turbines subject to OP-46-0033 must be monitored daily. 
All process equipment and associated air pollution control devices must 
be maintained and operated in accordance with good air pollution 
engineering and air pollution control practices.

III. EPA's Evaluation of Pennsylvania's SIP Revisions

    EPA is approving Pennsylvania's RACT SIP submittals because AMS 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. They have 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 and/or NOX RACT for 3 
major of sources located in the Philadelphia 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 15, 2001, without further notice unless EPA 
receives adverse comment by October 1, 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

[[Page 45941]]

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 3 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 30, 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 3 
individual sources in the Philadelphia area 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 22, 2001.
Abraham Ferdas,
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)(182) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (182) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT, for three sources located in 
the Philadelphia area submitted by the Pennsylvania Department of 
Environmental Protection on April 20, 1999, June 28, 2000, and August 
8, 2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of plan approvals and 
operating permits on April 20, 1999, June 28, 2000, and August 8, 2001.
    (B) Plan approvals (PA), Operating permits (OP) issued to the 
following sources:
    (1) Waste Management Disposal Services of Pennsylvania, Inc. 
(Pottstown Landfill), OP-46-0033, effective April 20, 1999.
    (2) FPL Energy MH 50, L.P., PA-23-0084, effective July 26, 1999, 
except for the expiration date.
    (3) Exelon Generation Company--Richmond Generating Station, PA-51-
4903, effective July 11, 2001.
    (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)(182)(i)(B) of 
this section.

[FR Doc. 01-22002 Filed 8-30-01; 8:45 am]
BILLING CODE 6560-50-P