[Federal Register Volume 66, Number 170 (Friday, August 31, 2001)]
[Rules and Regulations]
[Pages 45928-45933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22006]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4118a; FRL-7045-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Nine 
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 9 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 CTG's.
    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

[[Page 45929]]

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 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. On August 10, 2001, EPA 
signed the final rulemaking and expects it to be published 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 16, 1996, June 10, 1996, November 4, 1997, December 31, 
1997, March 24, 1998, March 23, 2001, 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 the 9 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 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
             Source                    County          #) Operating          Source type        ``Major source''
                                                      Permit (OP #)                                pollutant
----------------------------------------------------------------------------------------------------------------
1. Jefferson Smurfit             Philadelphia.....  PA-51-1566.......  Industrial Boilers....  NOX
 Corporation and Container
 Corporation of America.
2. Maritank Philadelphia, Inc..  Philadelphia.....  PA-51-5013.......  Bulk Storage..........  VOC/NOX
3. Moyer Packing Company.......  Montgomery.......  OP-46-0001.......  Industrial Boilers....  NOX
4. PECO Energy Company.........  Bucks............  OP-09-0077.......  Synthetic Gas           NOX
                                                                        Combustion.
5. Exelon Generation Company--   Philadelphia.....  PA-51-4904.......  Utility...............  VOC/NOX
 Schuylkill Generating Station.
6. Exelon Generation Company--   Philadelphia.....  PA-51-4901.......  Utility...............  VOC/NOX
 Delaware Generating Station.
7. Philadelphia Gas Works,       Philadelphia.....  PA-51-4922.......  Utility...............  NOX
 Richmond Plant.
8. SPS Technologies............  Montgomery.......  OP-46-0032.......  Metal Machining.......  VOC/NOX
9. Tullytown Resource Recovery   Bucks............  OP-09-0024.......  Landfill..............  VOC/NOX
 Facility (Waste Management of
 PA, Inc.).
----------------------------------------------------------------------------------------------------------------

A. Jefferson Smurfit Corporation and Container Corporation of America

    Jefferson Smurfit Corporation and Container Corporation of America 
(JSC) owns and operates a box board manufacturing facility in 
Philadelphia, Pennsylvania. This source is a major NOX 
emitting facility. The facility is not a major source of VOC. There are 
2 boilers (Boilers No. 1 and No. 2) in operation at the facility that 
are affected by the Commonwealth's NOX RACT requirements of 
25 Pa Code 129.92. Boilers No. 1 and 2 have heat capacities of 240 
million British thermal units per hour (MMBtu/hr) and 225 MMBtu/hr, 
respectively. Both of the boilers burn pulverized coal as their primary 
fuel, and No. 6 fuel oil and natural gas as backup fuels. To establish 
NOX RACT, the Philadelphia Air Management Services (AMS) 
issued PA-51-1566 to JSC. PADEP submitted it to EPA as a SIP revision 
on behalf of AMS. AMS determined that NOX RACT for JSC's 
Boilers No.1 and No. 2 is compliance with the Commonwealth's 
presumptive NOX RACT requirements of 25 Pa Code 
129.93(b)(1), which requires the installation and operation of low 
NOX burners (LNB) with separate overfire air for coal fired 
combustion, rated at or above 100 MMBtu/hr. PA-51-1566 requires these 
boilers to use LNB with separate overfire air when burning No. 6 fuel 
and natural gas. PA-51-1566 imposes NOX emission limits that 
are never to exceed 0.50 pounds per MMBtu (lbs/MMBtu), per 30-day 
rolling average when burning coal, 0.30 lbs/MMBtu when burning No. 6 
oil or 0.20 lbs/MMBtu when burning natural gas for both boilers 
combined. PA-51-1566 also requires the installation and maintenance of 
a continuous emissions

[[Page 45930]]

monitoring system (CEMS). JSC must keep all records containing data and 
calculations necessary to determine 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 air pollution engineering and air 
pollution control practices.

B. Maritank Philadelphia, Inc.

    Maritank Philadelphia, Incorporated (Maritank) is a liquid storage 
facility located in Philadelphia, Pennsylvania. To establish VOC and 
NOX RACT, AMS issued PA-51-5013, and PADEP submitted it to 
EPA as a SIP revision. The majority of the process units at this 
facility are subject to the Commonwealth's presumptive VOC and/or 
NOX RACT regulations of 25 Pa Code 129.51-129.72 and 129.91-
129.95. The facility stores and distributes petroleum products. These 
products are loaded and unloaded from barge to storage tanks and 
trucks. Maritank also conducts barge cleaning activities to remove 
residual material from the empty barges. VOC emissions from the barge 
cleaning plant vacuuming operations are controlled with a vacuuming 
incinerator. This incinerator along with a boiler rated at 7 MMBtu/hr 
will comply with the NOX RACT requirements of 25 Pa Code 
129.93(c)(1). Maritank has one other boiler with a capacity of 30 
MMBtu/hr, which is subject to the NOX RACT requirements of 
25 Pa Code 129.93(c)(2)-(5). The fugitive VOC emissions from the truck 
loading rack are collected and controlled via a vapor incinerator. AMS 
determined that VOC RACT for Maritank's fugitive emissions is the 
implementation of a visual leak detection and repair (LDAR) program for 
all pumps, valves, and flanges at the facility. Maritank also conducts 
shore tank cleaning activities to remove residual material from its 
tanks. The residual products contained within the washwater produced in 
the washing of the tanks is separated and recovered by a washwater 
treatment system. The washwater treatment system treats its waste water 
with 2 separate oil/water separators coupled with carbon absorption. 
PA-51-5013 requires that their 5 recovery tanks be connected to the 
current vapor collection system. The PA specifies that gasoline loading 
at the dock transfer station must be discontinued. Maritank is required 
to keep records containing details of inspections and repairs and other 
data necessary to determine compliance with the RACT requirements of 25 
Pa Code 129.91-129.94 and PA-51-5013. 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. Moyer Packing Company

    Moyer Packing Company, Incorporated (Moyer) operates a rendering 
facility in Montgomery County, Pennsylvania. Moyer generates steam 
using 2 Keeler boilers that are rated at 56.4 MMBtu/hr each. The Keeler 
boilers fire No. 6 fuel oil. These boilers' potential emissions 
classify Moyer as a major stationary source of NOX 
emissions, and therefore subject to the Commonwealth's NOX 
RACT requirements of 25 Pa Code 129.92. The boilers were the only 
sources at this facility subject to case-by-case NOX RACT. 
Moyer is not a major emitter of VOCs. PADEP issued OP-46-0001 and 
submitted it as a revision to the SIP. OP 46-0001 imposes a 
NOX emission limit of 0.37 lbs/MMBtu for each of the 2 
Keeler boilers as NOX RACT. The boilers will be tuned to 
operate using low excess oxygen and will be operated in accordance with 
the manufacturer's specifications and with good engineering and air 
pollution control practices. Moyer is required to keep records of fuel 
usage, NOX emissions, and data sufficient to determine 
compliance with the conditions of the OP. 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.

D. PECO Energy Company

    The PECO Energy Company (PECO) produces power using 2 turbines at 
their Pennsbury Power Production Plant located in Bucks County, 
Pennsylvania. The 2 turbines are fueled by landfill gas. The landfill 
gas is generated by the decomposition of refuse at the adjacent 
landfill owned and operated by the Geological Reclamation Operations 
and Waste Systems, Incorporated (GROWS). Approximately 90% of the 
landfill gas produced at the landfill is collected by GROWS and is sent 
offsite through a pipeline. The majority of the gas is used as fuel for 
PECO's turbines. The PADEP issued OP-09-0077 to impose RACT for these 
turbines. The 2 landfill gas-fired turbines are rated at 42 MMBtu/hr 
each. OP-09-0077 requires the turbines meet a minimum destruction 
efficiency of 98% (by weight) of the landfill gas collected, and a 20 
parts per million by volume (ppmv) VOC emissions limit, measured on a 
dry basis as hexane at 3% oxygen. The NOX emissions 
expressed as nitrogen dioxide will never exceed 42 ppmv at 15% oxygen 
measured on a dry basis for the 2 turbines. OP-09-0077 specifies that 
the landfill gas will be analyzed by an on-line process gas 
chromatograph to determine its nitrogen content. The OP requires that 
PECO perform annual tune-ups on the turbines in accordance with 25 Pa 
Code 129.93. OP-09-0077 requires PECO to keep records containing data 
that is sufficient to determine compliance with the RACT requirements 
of 25 Pa Code 129.91-129.92. 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.

E. Exelon Generation Company--Schuylkill Generating Station

    The Exelon Generation Company--Schuylkill Station (Exelon, formerly 
known as PECO Energy) is an electric utility located in Philadelphia, 
Pennsylvania. The Schuylkill Generating Station operates one 
tangentially-fired Combustion Engineering utility boiler rated at 1658 
MMBtu/hr, firing No. 6 oil. This boiler has a net electric output 
capacity of 166 megawatts (MW), based on summer peak output, and a 175 
MW winter peak output. The facility also operates one Pratt & Whitney 
model FT4A8 combustion turbine and one Pratt & Whitney model FT4A9 
combustion turbine. Both combustion turbines burn No. 2 oil and have 
nominal outputs of 15.5 MW and 17.5 MW, respectively. To establish 
NOX RACT, AMS issued PA-51-4904 to Exelon, and PADEP 
submitted it to EPA as a SIP revision. PA-51-4904 imposes 
NOX emissions limits of 0.31 lbs NOX per MMBtu 
and an annual limit of 673 tpy. PA-51-4904 limits the capacity of each 
turbine to less than 5%. The annual NOX emissions limit and 
the 5% limit on the operating capacity must be met on a rolling monthly 
basis over every consecutive 12 month period. PA-51-4904 also requires 
an annual adjustment on the combustion process as required by 25 Pa 
Code 129.93(b)(2)-(5). PA-51-4904 requires Exelon's peaking unit to 
comply with the parametric monitoring system (PEMS) requirements in 
accordance with 40 CFR part 75, Appendix E. These requirements quantify 
the NOX emissions in lbs of NOX/MMBtu and the 
NOX emissions mass flow rate to demonstrate compliance with 
the annual emissions rate established as a part of NOX RACT 
for the utility boiler. PA-51-4904 also

[[Page 45931]]

requires Exelon keep records containing data that is sufficient to 
determine 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 air 
pollution engineering and air pollution control practices.

F. Exelon Generation Company--Delaware Generating Station

    Exelon's Delaware Generating Station is an electric utility located 
in Philadelphia, Pennsylvania. This facility operates 2 Babcock and 
Wilcox boilers (identified as units No. 71 and No. 81) which burn No. 6 
oil and have nominal outputs of 126 MW and 124 MW, respectively, based 
on summer peak output capacity levels. Each boiler has a net electrical 
winter peak output capacity of 128 MW. This facility also operates one 
Babcock and Wilcox auxiliary boiler rated at 42 MMBtu/hr, which burns 
No. 2 oil and No. 6 oil, 3 Pratt & Whitney model FT4A8 combustion 
turbines rated at 15.5 MW and one model FT4A9 combustion turbine rated 
17.5 MW. The combustion turbines burn No. 2 oil. To establish 
NOX RACT, AMS issued PA-51-4901 to Exelon, and PADEP 
submitted it to EPA as a SIP revision. PA-51-4901 imposes a 
NOX emissions limit of 645 tpy for boiler No. 71 and 595 tpy 
for boiler No. 81. The annual limits must be met on a rolling monthly 
basis over every consecutive 12 month period. PA-51-4901 also imposes 
short-term NOX emission limits of 0.43 lbs/MMBtu and 0.42 
lbs/MMBtu on a 30 day rolling average for Boilers No. 71 and No. 81, 
respectively. Additionally, Boilers No. 71 and 81 will operate under 
limited capacity values of 548 MMBtu/hr and 570 MMBtu/hr, respectively. 
The PA limits the capacity of each turbine to less than 5%. The 
capacity factor limit must be met on a rolling monthly basis over every 
consecutive 12 month period. NOX RACT for the boilers at 
Exelon's Delaware Generating Station include an annual adjustment on 
the combustion process as required by 25 Pa Code 129.93(b)(2)-(5). The 
auxiliary boiler and the turbines will comply with the presumptive RACT 
found in 25 Pa Code Sec. 129.93(b)-(c). PA-51-4901 also requires 
Exelon's peaking units to comply with the PEMS requirements in 
accordance with 40 CFR part 75, Appendix E. These requirements quantify 
the NOX emissions in lbs of NOX/MMBtu and the 
NOX emissions mass flow rate to demonstrate compliance with 
the annual emissions rates established as a part of NOX RACT 
for these boilers. PA-51-4901 also requires Exelon keep records of data 
sufficient to determine compliance with the RACT requirements of 25 Pa 
Code 129.91-129.94 and PA-51-4901. 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.

G. Philadelphia Gas Works, Richmond Plant

    Philadelphia Gas Works (PGW) is a municipally owned gas 
distribution company located in Philadelphia, Pennsylvania. The PGW 
Richmond Plant liquefies natural gas during the summer months for 
storage and distribution during the winter months. The liquefaction 
process involves pre-treatment and compression of a gas into a liquid. 
This facility uses 4 natural gas fired internal combustion (IC) engines 
to drive the ethylene and propane refrigeration compressors. These 
engines are 2-stroke, spark ignited, Clark HLA-8 units that have been 
converted to turbocharged units rated at 2,350 horsepower. The PGW 
Richmond Plant is a major NOX emitting facility. The 
facility is not a major source of VOCs. The AMS issued PA-51-4922 to 
PGW and PADEP submitted it to EPA as a SIP revision. AMS imposes 
NOX RACT on PGW's 4 IC engines in PA-51-4922. The engines 
must be retrofitted with new high energy ignition systems and AFR 
controls, along with an enhanced turbocharged air system and new fuel 
valves. PA-51-4922 imposes annual limits on natural gas consumption of 
570 million cubic feet (MMCF) for the 4 IC engines. The annual fuel 
consumption limits must be met on a rolling monthly basis over every 
consecutive 12 month period. The NOX emissions limits for 
each of these 4 units is 5 grams per brake horsepower-hour, 25.9 pounds 
per hour (lbs/hr), and 320 tons per 12 consecutive month rolling 
period. The use of sophisticated ignition systems results in precise 
setting of engine timing. The use of timing controls lowers 
NOX emissions by lowering the time interval that exhaust 
gases are exposed to high temperatures. Controlling the air-to-fuel 
ratio provides a cleaner burning, lean fuel mixture. The turbochargers 
provide the air for leaner operation, while the new high flow fuel 
valves ensure an improved air-to-fuel mixing in the cylinder for a 
leaner burn which improves combustion stability and efficiency. PA-51-
4922 requires PGW to conduct a performance test on the engines once 
every 5 years to demonstrate compliance with RACT. PA-51-4922 requires 
PGW to keep records of data sufficient to determine 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 air pollution engineering and air 
pollution control practices.

H. SPS Technologies

    SPS Technologies, Incorporated (SPS) manufactures high strength 
bolts, nuts and screws, and various other precision components for 
commercial and military aircrafts, jet engines and Space Shuttles. SPS' 
manufacturing operations involve machining activities, metal parts 
electroplating, cleaning, degreasing, and heat treating of finished 
metal products. SPS' machining operations and bucket cleaning 
activities emit fugitive VOCs and are the only VOC sources at this 
facility subject to case-by-case RACT. The NOX sources in 
use at this facility are all subject to SIP-approved presumptive 
NOX RACT regulations. Fugitive VOC emissions from the 
machining operations come from mist generated while using VOC-
containing lubricants. Oil must be used in these processes to lubricate 
the interface between the machining tools and the metal surfaces. The 
facility uses 71 buckets containing kerosene to dip clean metal parts 
during manufacturing and inspection. These buckets are a source of 
fugitive emissions and were also subject to a top-down VOC RACT 
analysis. OP-46-0032 establishes emission limits for these cleaning 
activities requiring that VOC must never exceed 3.0 lbs/hr, 15 pounds 
per day, or 2.7 tpy. 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.

I. Tullytown Resource Recovery Facility (Waste Management of PA Inc.)

    Waste Management of Pennsylvania, Incorporated owns and operates an 
active landfill called Tullytown Resource Recovery Facility (TRRF) 
located in Bucks County, Pennsylvania. The waste deposited at this site 
undergoes anaerobic degradation and produces gaseous VOC emissions. The 
landfill uses an enclosed flare to control these VOC emissions. The 
flare is a secondary source of NOX emissions. PADEP issued 
OP-09-0024 to TRRF. The OP defines RACT as collection of the landfill 
gas and destruction using an enclosed flare. The collection efficiency 
must be 90% or greater. The flare must

[[Page 45932]]

be operated at a destruction efficiency of 98%. The VOC emissions from 
the enclosed flare must be limited to 0.84 lbs/hr and 3.69 tpy. 
NOX emissions from the enclosed flare must be limited to 
8.87 lbs/hr and 38.85 tpy. All annual limits must be met on a rolling 
monthly basis over every consecutive 12 month period. The flow rate of 
landfill gas to the flare will never exceed 3250 scfm. The flare must 
be operated at a minimum of 1500 degrees F for a minimum residence time 
of 0.3 seconds. The flare shall be operated to minimize NOX 
production while maximizing the VOC destruction. TRRF is required to 
keep all records of annual inspections, adjustments and cleanings 
performed on the fuel-burning equipment. These records must provide 
sufficient data for compliance to be determined in accordance with 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 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 SIP revisions to the Pennsylvania SIP 
submitted by PADEP to establish and require VOC and NOX RACT 
for 9 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 nine named sources.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the

[[Page 45933]]

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 9 individual 
sources located in the Philadelphia ozone nonattainment area 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 21, 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)(184) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (184) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT, for sources located in the 
Philadelphia area submitted by the Pennsylvania Department of 
Environmental Protection on April 16, 1996, June 10, 1996, November 4, 
1997, December 31, 1997, March 24, 1998, March 23, 2001, 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 16, 1996, June 10, 1996, November 4, 1997, 
December 31, 1997, March 24, 1998, March 23, 2001, and August 8, 2001.
    (B) Plan approvals (PA), or Operating Permits (OP) issued to the 
following sources:
    (1) Jefferson Smurfit Corporation and Container Corporation of 
America, PA-51-1566, for PLID 1566, effective April 10, 1995.
    (2) Maritank Philadelphia, Inc., PA-51-5013, for PLID 5013, 
effective December 28, 1995.
    (3) Moyer Packing Company, OP-46-0001, effective March 15, 1996, 
except for the expiration date.
    (4) Tullytown Resource Recovery Facility (Waste Management of PA, 
Inc.), OP-09-0024, effective July 14, 1997, except for the expiration 
date.
    (5) SPS Technologies, OP-46-0032, effective October 30, 1997, 
except for the expiration date.
    (6) PECO Energy Company, OP-09-0077, effective December 19, 1997, 
except for the expiration date.
    (7) Philadelphia Gas Works, Richmond Plant, PA-51-4922, effective 
July 27, 1999, except for condition 1.A. 10--17, inclusive, condition 
2.E., 2.F., 2.G., and condition 8.
    (8) Exelon Generation Company--Delaware Generating Station, PA-51-
4901, effective July 11, 2001.
    (9) Exelon Generation Company--Schuylkill Generating Station, PA-
51-4904, 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)(184) (i)(B) of 
this section.

[FR Doc. 01-22006 Filed 8-30-01; 8:45 am]
BILLING CODE 6560-50-P