[Federal Register Volume 66, Number 170 (Friday, August 31, 2001)]
[Rules and Regulations]
[Pages 45933-45938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22004]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4140a; FRL-7046-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Eight 
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 8 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

[[Page 45934]]

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 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 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 a 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 May 2, 1996, June 10, 1996, January 21, 1997, April 9, 1999, 
August 9, 2000, and March 23, 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 8 of those 
sources. The remaining sources are or have been the subject of separate 
rulemakings. The Commonwealth's submittals consist of plan approvals 
and operating permits which impose VOC and/or NOX RACT 
requirements for each source. These 8 sources are all located in the 
Philadelphia area. The table below identifies the sources and the 
individual plan approvals (PAs) and operating permits (OPs) 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Plan approval (PA #),
                                                                          operating permit (OP #),
               Source                              County               plant identification number        Source type        ``Major source'' pollutant
                                                                                  (PLID #)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Brown Printing Company...........  Montgomery......................  OP-46-0018A                  Printing..............  VOC
2. Cardone Industries...............  Philadelphia....................  PA-51-3887                   Degreasing............  VOC
3. Cardone Industries...............  Philadelphia....................  PA-51-2237                   Degreasing............  VOC
4. Naval Surface Warfare Center--     Philadelphia....................  PA-51-9724                   Research and            NOX/VOC
 Carderock Division.                                                                                  Development.
5. SUN CHEMICALS--General Printing    Philadelphia....................  PA-51-2052                   Ink Manufacturer......  VOC
 Ink Division.
6. Sunoco Chemicals--Frankford Plant  Philadelphia....................  PA-51-1551                   Synthetic Organic       NOX/VOC
                                                                                                      Chemicals.
7. U.S. Steel Group/USX Corporation.  Bucks...........................  OP-09-0006                   Steel Mill............  NOX/VOC

[[Page 45935]]

 
8. Wheelabrator Falls, Incorporated.  Bucks...........................  OP-09-0013                   Waste Recovery........  NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------

A. Brown Printing Company

    Brown Printing Company (Brown) is a printing facility that produces 
business and trade magazines and special interest consumer publications 
in Montgomery County, Pennsylvania. The VOC requirements for the 8 ink 
jet printers at this facility have been imposed by PADEP in OP-46-
0018A. OP-46-0018A requires that all process equipment and associated 
air pollution control devices must be maintained and operated in 
accordance with good engineering and air pollution control practices. 
The facility's potential to emit has been restricted to an annual VOC 
emissions limit of 12.4 tpy. The annual limit must be met on a rolling 
monthly basis over every consecutive 12 month period. OP-46-0018A 
requires Brown to keep monthly records containing data and information 
necessary to demonstrate compliance with the annual VOC limit.

B. Cardone Industries

    Cardone Industries (Cardone) is a automobile parts manufacturing 
facility located on Rising Sun Avenue in Philadelphia, Pennsylvania. 
Cardone's Rising Sun location employs combustion equipment, spray 
booths, and degreasers. Cardone is a major VOC emitting facility 
subject to the requirements of 25 Pa Code 129.91-129.95. The 
Philadelphia Air Management Services (AMS) issued PA-51-3887 to Cardone 
to impose RACT. The PADEP submitted PA-51-3887 to EPA as a SIP revision 
on behalf of AMS. PA-51-3887 specifies that the architectural coatings 
used at this facility will comply with Air Management Regulation V, 
Section VIII. The solvent used in Cardone's cold degreasing operations 
will be recovered and stored. Cardone will use a non-contact condenser 
on the solvent reprocessing and storage vents to control VOC emissions. 
PA-51-3887 also specifies that Cardone must keep records containing 
data sufficient for a compliance determination in accordance with the 
VOC RACT requirements of 25 Pa Code 129.91-129.94. All process 
equipment and associated air pollution control devices must be 
maintained and operated in accordance with good engineering and air 
pollution control practices.

C. Cardone Industries

    Cardone is a automobile parts manufacturing facility located on 
Chew Street in Philadelphia, Pennsylvania. Cardone's Chew Street 
location employs combustion equipment and degreasers. Various 
automobile parts are dipped, soaked, and agitated in the cold 
degreasing tanks. Cardone is a major VOC source and is subject to the 
requirements of 25 Pa Code 129.91-129.95. The Philadelphia AMS issued 
PA-51-2237 to Cardone to control VOCs. The PADEP submitted PA-51-2237 
to EPA as a SIP revision on behalf of AMS. PA-51-2237 requires improved 
operations and work practice standards to control VOC emissions. PA-51-
2237 requires that solvent laden rags be stored in closed top 
containers. Additionally, drip pans located under drain plugs must be 
removed promptly, and tank lids must be modified to promote ease of 
use. PA-51-2237 specifies that Cardone must keep records containing 
data sufficient for a compliance determination in accordance with the 
VOC RACT requirements of 25 Pa Code 129.91-129.94. All process 
equipment and associated air pollution control devices must be 
maintained and operated in accordance with good engineering and air 
pollution control practices.

D. Naval Surface Warfare Center--Caderock Division

    The Naval Surface Warfare Center (NSWC) is a Naval research and 
development facility located in Philadelphia, Pennsylvania. NSWC's test 
center houses a number of combustion sources including, boilers, 
generators, diesel engines, gas turbines, and a number of small VOC 
sources. The combustion sources at this facility are used to test and 
evaluate shipboard equipment. Hence, the operation of these sources is 
intermittent. PA-51-9724 was issued to NSWC to reduce VOC and 
NOX emissions. PA-51-9724 restricts the operating capacity 
for the 2 boilers rated at 317 and 384 MMBtu/hr, respectively, to no 
more than 30%. PA-51-9724 limits the 2 boilers rated at 244 MMBtu/hr to 
an annual fuel consumption limit of 5 million gallons per rolling 12 
consecutive month period. The remaining boilers, emergency generators 
and diesel engines at this facility are subject to the Commonwealth's 
SIP-approved presumptive NOX RACT requirements. PA-51-9724 
requires NSWC to keep records containing the details of all combustion 
sources fuel consumption, the operating hours of the emergency 
generators, details of maintenance programs, and details of periodic 
source testing or predictive monitoring used to determine 
NOX emissions from the boilers. These records will be 
collected and retained in compliance with the RACT requirements of 25 
Pa Code 129.91-129.94. All process equipment and associated air 
pollution control devices must be maintained and operated in accordance 
with good engineering and air pollution control practices.

E. Sunoco Chemicals, Frankford Plant

    Sunoco Chemicals, Incorporated (Sunoco), formerly AlliedSignal, 
operates a synthetic organic manufacturing plant in the Frankford 
section of Philadelphia, Pennsylvania. The plant produces acetone, 
phenol, and alpha methyl styrene through the oxidation of cumene. 
Sunoco's operations are subject to New Source Performance Standards 
(NSPS), MACT standards, and Pennsylvania's SIP-approved VOC RACT 
regulations for synthetic organic chemical manufacturing. The PADEP's 
submittal of plan PA-51-1551 requests EPA to incorporate into the SIP 
those VOC and NOX RACT requirements of the PA that pertain 
only to the combustion sources, barge loading, storage tanks, rail car 
cleaning and wastewater facility operations at the plant. Sunoco's 
Frankford plant is a major source of VOC and NOX. PA-51-1551 
requires the installation of internal floating roofs on the 2 storage 
tanks (VT-609 and VT-610) which are not subject to 40 CFR subpart K, 
NSPS standards or the Commonwealth's SIP-approved RACT standards found 
at 25 Pa Code 129.56-129.57. The VOC emissions from the

[[Page 45936]]

wastewater facility at this plant are controlled by air stripping and 
thermal oxidation. The thermal oxidizer has a required destruction 
efficiency of 95 percent or greater. The rail car cleaning activities 
must not exceed 2.7 tpy. This annual limit must be met on a rolling 
monthly basis over every consecutive 12 month period. The barge loading 
operations are limited to loading of phenol, which has a vapor pressure 
of 1.5 pounds per square inch at 20 degrees Celsius. This vapor 
pressure exempts Sunoco from having to install additional control 
technology to this process. Sunoco uses 4 boilers (Boilers 1-4) to 
produce heat and steam for the various process stages in their 
synthetic organic chemical manufacturing. The boilers burn No. 6 fuel 
oil, waste phenol residue, and natural gas. PA 51-1551 requires Sunoco 
to burn natural gas and waste phenol residue during the period of May 
1st through September 30th in boilers No. 1 and No. 2 which are both 
rated at a maximum heat input of 260 MMBtu/hr. The NOX 
emissions rate for both of these boilers must never exceed 0.35 lbs of 
NOX/MMBtu. Boiler No. 3, rated at 381 MMBtu/hr, operates 
with low NOX burners (LNB). The emissions rate for boiler 
No. 3 must never exceed 0.3 lbs of NOX/MMBtu. Boilers No. 1-
3 are also subject to annual combustion tuning in accordance with 25 Pa 
Code 129.93(b). PA 51-1551 specifies that Sunoco must keep records of 
data sufficient for a compliance determination in accordance with the 
VOC and NOX RACT requirements of 25 Pa Code 129.91-129.94. 
All process equipment and associated air pollution control devices must 
be maintained and operated in accordance with good engineering and air 
pollution control practices.

F. SUN Chemical--General Printing Ink Division

    SUN Chemical Corporation (SUN) manufactures and distributes solvent 
and water-based commercial inks from their general ink printing 
division in Philadelphia, Pennsylvania. This facility's potential 
emissions make it a major source of VOCs. The AMS issued PA 51-2052 to 
SUN and PADEP submitted it to EPA as a SIP revision. The VOC emitting 
processes are those which involve the blending and dispersion of 
solvents and pigments. There are no chemical reactions taking place at 
this facility. Storage tanks are used to store and transfer raw 
materials. The AMS has imposed improved operating standards to reduce 
VOC emissions from SUN's vessels and mixers. The specific work practice 
standards required under PA 51-2052 include: (1) The use of lids on all 
mixing tanks that use VOC-containing solvents; (2) Covers on all 
storage vessels containing VOCs when not in use; (3) Monthly 
inspections and record-keeping requirements; and (4) The use of vapor 
control lines when delivery tank trucks are equipped with a vapor 
return line connection. PA-51-2052 imposes recordkeeping and reporting 
requirements consistent with 25 Pa Code 129.91-129.94. These records 
must provide sufficient data to calculate compliance and must include 
solvent usage and fuel consumption files. All process equipment and 
associated air pollution control devices must be maintained and 
operated in accordance with good engineering and air pollution control 
practices.

G. U.S. Steel Group/USX Corporation

    U.S. Steel Group/USX Corporation (USX), operates a steel finishing 
plant in Bucks County, Pennsylvania. USX's Fairless Works Plant uses 
batch and continuous annealing furnaces as well as galvanizing and 
electrolytic tinning line furnaces. The furnaces are used to heat and 
process steel coils into flat-rolled steel and corrosion resistant 
sheets. The furnaces fire natural gas and their emissions contribute to 
USX being a major source of NOX emissions. There are 2 cold 
rolling mills and a double cold reduction mill that use rolling oils 
which release VOC emissions in the lubricating and cooling of steel 
strips. The PADEP issued OP-09-0006 to USX. The OP limits the VOC 
content of the rolling oils and corrosion inhibitors to less than 5% by 
weight. The continuous annealing furnace and galvanizing line furnace 
must undergo annual adjustments or tune-ups on the combustion units in 
compliance with 25 Pa Code 129.93(b)(2). OP-09-0006 requires USX to 
operate these units using operating practices to minimize their 
NOX emissions. Likewise, the remainder of the furnaces at 
this facility must be maintained and operated in accordance with the 
manufacturer's specifications. OP 09-0006 specifies that USX must keep 
records containing sufficient data and calculations to demonstrate 
compliance with the NOX and VOC RACT requirements of 25 Pa 
Code 129.91-129.94. All process equipment and associated air pollution 
control devices must be maintained and operated in accordance with good 
engineering and air pollution control practices.

H. Wheelabrator Falls, Inc.

    Wheelabrator Falls, Incorporated (WFI) is a municipal waste 
resource recovery facility located in Bucks County, Pennsylvania. WFI 
operates 2 waterwall, steam generator municipal waste combustors. Each 
combustor has a nominal rating of 750 tons per day of municipal waste. 
WFI was issued a plan approval on May 29, 1992 which established the 
best available control technology (BACT) available for the 2 
combustors. The PADEP issued OP-09-0013 to WFI in accordance with 25 Pa 
Code 127.450. The Commonwealth's 25 Pa Code 129.93(c)(7) establishes 
presumptive RACT for sources subject to BACT for NOX as 
installation, operation and maintenance of the sources and their 
associated control devices in accordance with the manufacturers' 
specifications. WFI's NOX emissions are controlled using 
selective non-catalytic reduction. OP-09-0013 imposes a NOX 
limit (expressed as NO2) of 180 parts per million (by 
volume) and 102.6 pounds per hour, based on a 24 hour daily average, 
corrected to 7% oxygen for each combustor. The maximum input to each 
unit is limited to 325 MMBtu/hr and 800 tons per day of waste. 
Compliance with the emission limits for the combustors must be 
documented by a continuous emissions monitoring system. WFI must comply 
with 25 Pa Code 129.93(c) for the smaller NOX emitting 
sources present at the facility. OP-09-0013 imposes an annual VOC limit 
of 24.46 tpy, and a annual NOX limit of 899 tpy for the 
entire facility. The annual limits must be met on a rolling monthly 
basis over every consecutive 12 month period. OP-09-0013 requires WFI 
to keep records to document maintenance and calibration of the air 
pollution control equipment. OP-09-0013 also requires WFI to keep 
records of the quantities of all solid waste combusted at the facility. 
All process equipment and associated air pollution control devices must 
be maintained and operated in accordance with good engineering and air 
pollution control practices.

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

    EPA is approving Pennsylvania's RACT SIP submittals because the AMS 
and PADEP established and imposed these 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 SIP revisions to the Pennsylvania SIP 
submitted by

[[Page 45937]]

PADEP to establish and require VOC and NOX RACT for 8 major 
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 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 8 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 8 
individual sources located 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)(174) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (174) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and/or NOX RACT for sources

[[Page 45938]]

located in the Philadelphia area submitted by the Pennsylvania 
Department of Environmental Protection on May 2, 1996, June 10, 1996, 
January 21, 1997, April 9, 1999, August 9, 2000, and two submittals on 
March 23, 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 May 2, 1996, June 10, 1996, January 21, 1997, 
April 9, 1999, August 9, 2000, and two letters on March 23, 2001.
    (B) Plan approvals (PA), Operating permits (OP) issued to the 
following sources:
    (1) Cardone Industries, PA-51-3887, for PLID 3887, effective May 
29, 1995.
    (2) Cardone Industries, PA-51-2237, for PLID 2237, effective May 
29, 1995.
    (3) Naval Surface Warfare Center--Carderock Division, PA-51-9724, 
for PLID 9724, effective December 27, 1997.
    (4) Wheelabrator Falls, Inc., OP-09-0013, effective January 11, 
1996 (as amended May 17, 1996).
    (5) U.S. Steel Group/USX Corporation, OP-09-0006, effective April 
8, 1999, except for the expiration date.
    (6) Brown Printing Company, OP-46-0018A, effective May 17, 2000, 
except for the expiration date and condition 12.
    (7) SUN CHEMICAL--General Printing Ink Division, PA-51-2052, for 
PLID 2052, effective July 14, 2000.
    (8) Sunoco Chemicals, Frankford Plant, PA-51-1551, for PLID 1551, 
effective July 27, 1999, except for conditions 1.A.(2)-(4), 1.A.(6), 
1.A.(8); conditions 1.B.(1), 1.B.(3)-(6); the last sentence of 
condition 2.A.; conditions 2.B.-D.; 2.G., the last sentence of 2.H., 
2.I.; and condition 7.
    (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)(174)(i)(B) of 
this section.

[FR Doc. 01-22004 Filed 8-30-01; 8:45 am]
BILLING CODE 6560-50-P