[Federal Register Volume 66, Number 173 (Thursday, September 6, 2001)]
[Rules and Regulations]
[Pages 46525-46533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22360]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4135a; FRL-7049-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for 14 
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 14 major sources of volatile 
organic compounds (VOC) and/or nitrogen oxides (NOX) located 
in the Philadelphia-Wilmington-Trenton ozone nonattainment area (the 
Philadelphia area). EPA is approving these revisions in accordance with 
the Clean Air Act (CAA).

DATES: This rule is effective on October 22, 2001 without further 
notice, unless EPA receives adverse written comment by October 9, 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: Ray Chalmers at (215) 814-2061, or by 
e-mail at [email protected]. Please

[[Page 46526]]

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 to 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) demonstrates 
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 regulations. On August 10, 2001, EPA signed its 
final rule approving the Commonwealth's NOX SIP call 
regulations as a SIP revision 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 December 8, 1995, March 21, 1996, January 21, 1997, July 24, 
1998, April 20, 1999, March 23, 2001 (two separate submissions), and 
July 5, 2001; PADEP submitted revisions to the Pennsylvania SIP to 
establish and impose RACT for several major sources of VOC and/or 
NOX. This rulemaking pertains to fourteen (14) of those 
sources. The remaining sources are or have been the subject of separate 
rulemakings. These sources are all located in the Philadelphia area. 
The table below identifies the sources and the individual plan 
approvals (PAs) or operating permits (OPs) in which RACT has been 
imposed. A summary of the VOC and NOX RACT determinations 
for each source follows the table.

                      Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
            Source                  County           PA # or OP #          Source type            Pollutant
----------------------------------------------------------------------------------------------------------------
Perkasie Industries..........  Bucks...........  OP-09-0011           Lighting Fixture       VOC
                                                                       Production.
Quaker Chemical Corporation..  Montgomery......  OP-46-0071           Specialty Chemicals    VOC & NOX
                                                                       Producer.

[[Page 46527]]

 
Rohm and Haas--Bucks County    Bucks...........  OP-09-0015           Chemical Producer....  VOC & NOX
 Plant.
Rohm and Haas--Philadelphia    Philadelphia....  PA-51-1531           Chemical Producer....  VOC & NOX
 Plant.
SBF Communications Graphics..  Philadelphia....  PA-2197              Printing Facility....  VOC
Schlosser Steel, Inc.........  Montgomery......  OP-46-0051           Structural Steel       VOC
                                                                       Products.
SEPTA's Berridge/Courtland     Philadelphia....  PA-51-4172           Bus Repair &           VOC
 Maintenance Shop.                                                     Maintenance Facility.
Smith-Edwards-Dunlap Company.  Philadelphia....  PA-2255              Printing Facility....  VOC
Southwest Water Pollution      Philadelphia....  PA 51-9515           Wastewater Treatment   VOC & NOX
 Control Plant/Biosolids                                               Plant.
 Recycling Center.
Stroehman Bakeries, Inc......  Montgomery......  PA-46-0003           Bakery...............  VOC
Sunoco, Inc. (R&M) Refinery..  Philadelphia....  PA-1501/1517         Refinery.............  VOC & NOX
Tasty Baking Company.........  Philadelphia....  PA-2054              Bakery...............  NOX
Transcontinental Gas Pipeline  Chester.........  PA-15-0017           Natural Gas            VOC & NOX
 Corp.--Compressor Station                                             Compressor Station.
 #200.
Worthington Steel Company....  Chester.........  OP-15-0016           Steel Product          VOC & NOX
                                                                       Producer.
----------------------------------------------------------------------------------------------------------------

A. Perkasie Industries Corporation

    Perkasie Industries Corporation (Perkasie), located in Bucks 
County, Pennsylvania, manufactures fluorescent lighting fixtures. 
Perkasie is a major source of VOC. The manufacturing installations and 
processes at this source are subject to category specific SIP-approved 
RACT requirements adopted by the Commonwealth in accordance with the 
applicable CTGs. The clean -up operations require a case-by-case RACT 
determination. The PADEP issued OP-09-0011 to Perkasie on August 14, 
1996 to establish RACT. In OP-09-0011, Pennsylvania imposed work 
practice standards and limited the VOC emissions from the clean-up 
operations to less than 3 pounds per hour, 15 pounds per day, and 2.7 
tons per year. Under OP-09-0011, Perkasie is required to use EPA 
approved test methods to determine the VOC properties of all coatings 
as described in 25 Pa Code 139, and to meet the recordkeeping and 
reporting requirements of 25 Pa Code 129.95.

B. Quaker Chemical Corporation

    Quaker Chemical Corporation (Quaker), located in Montgomery County, 
Pennsylvania, is a batch process specialty chemicals manufacturing 
facility. Quaker manufactures approximately 400 different intermediate 
and final proprietary products through blending and/or reacting of raw 
materials in process vessels. Quaker is a major source of 
NOX and VOC. The majority of the manufacturing installations 
and processes at this source are subject to category specific SIP-
approved VOC RACT requirements adopted by the Commonwealth in 
accordance with the applicable CTGs and to SIP-approved presumptive 
RACT requirements to control NOX. Other small installations 
and processes require a case-by-case RACT determination. Pennsylvania 
issued permit OP-46-0071 to Quaker to impose RACT. The equipment which 
has the potential to emit small amounts of VOCs includes a pilot plant, 
laboratory hoods, Building #4 material storage vessels, fuel oil 
storage tanks, the B and C tank farms, the sparkler filter mixing 
system, and combustion units. OP-46-0071 requires that Quaker keep the 
following information for these sources: (1) The throughput or usage of 
each chemical processed, (2) the VOC contents of the chemicals and 
their Material Safety Data Sheets (MSDS), (3) the quantity of coatings 
applied through the spray booth, the composition of those coatings and 
their MSDS, and (4) any other data or records required to conform to 25 
Pa. Code 129.95(e). The NOX emitting units covered by OP-46-
0071 include Boilers House Boilers No.1 and 2, each rated at 29.4 
MMBtu/hr firing natural gas and NO. 6 fuel oil; several small 
combustion units, rated from 5MMBtu/hr to 0.3 MMBtu/hr, which fire 
natural gas only; the Administration Building Generator, rated at 1.4 
MMBtu/hr firing natural gas; and the Fire Pump with a rated capacity of 
150 hp firing diesel. OP-46-0071 requires that Boiler House Boilers No. 
1 and 2 be maintained as follows: (1) An annual adjustment must be 
performed including inspection, adjustment, cleaning or replacement of 
the fuel burning equipment (the burners and all moving parts) necessary 
for operation in accordance with manufacturer's specifications, (2) an 
inspection must be performed of the flame pattern or characteristics 
and adjustments made necessary to minimize total emissions of 
NOX, (3) an inspection must be performed of the air-to-fuel 
ratio control system and adjustments made to ensure the proper 
calibration and operation as specified by the manufacturer. Quaker must 
keep a permanent log book of the maintenance procedures performed 
including: (1) The date of the procedure, (2) the name of the service 
company and technicians, (3) the final operating rate or load, (4) the 
final NOX and carbon monoxide emission rates, and (5) the 
final excess oxygen. Fuel records must be maintained for fuel used in 
these boilers including: (1) certification from the supplier of the 
type of fuel and its nitrogen content, and (2) identification of the 
sampling method and sampling protocol. The operation of the 
Administration Building Generator and the fire pump must not exceed 
500hrs/year each. The company must operate and maintain all these units 
in accordance with the manufacturer's specifications and good air 
pollution control practices.

[[Page 46528]]

C. Rohm and Haas

    Rohm and Haas, located in Bucks County, Pennsylvania is a diverse 
chemical manufacturing facility with a variety of continuous and batch 
type processes. It is a major source of NOX and VOC. The 
majority of the manufacturing installations and processes at this 
source are subject to category specific SIP-approved VOC RACT 
requirements adopted by the Commonwealth in accordance with the 
applicable CTGs and to SIP-approved presumptive RACT requirements to 
control NOX. Other installations and processes require a 
case-by-case RACT determination. The PADEP issued Rohm and Haas OP-09-
0015 to impose RACT. The company's VOC and NOX emission 
sources are located in the following six areas: Emulsions Area, AtoHaas 
Area, Polymers Area, Plastics Additives Area, Facilities Area, and 
Bristol Research Park. The units or processes in these areas include, 
but are not limited to: polymerization reactors, monomer emulsion 
tanks, additive tanks, mix tanks, storage tanks, wastewater collection 
tanks, blend tanks, drain tanks, transfer piping, whitewater pits, 
pelletizers, kettles, inhibitor mix tanks, a cold methyl methacrylate 
transfer station, distillation vacuum jets, tank truck loading, railcar 
loading, and bulk loading operations. Pennsylvania identified and 
determined RACT for these numerous units and/or processes. Pennsylvania 
specified that RACT for VOC emitting units or processes which already 
vent to existing scrubbers or incinerators is continued use of the 
scrubbers or incinerators. Pennsylvania also required the Company to 
vent additional units or processes to the existing scrubbers or 
incinerators, and specified that RACT for these units or processes also 
consists of use of the scrubbers or incinerators. For the fugitive VOC 
emissions, Pennsylvania specified that RACT consists of use of good 
operating practices and a visual leak detection and repair program. 
Pennsylvania established short term and annual VOC limits on the 
combined equipment and/or processes in each area, and also on the 
numerous individual units or processes. Pennsylvania identified four 
boilers located in the Facilities Area as the most significant sources 
of NOX emissions. Pennsylvania specified that RACT for two 
of the boilers is use of low NOX burners and that the other 
two boilers are to be operated only as emergency standby units. OP-09-
0015 imposes a NOX emission limit of 0.47 lbs of 
NOX/MMBtu on all four boilers. OP-09-0015 imposes extensive 
testing and recordkeeping requirements accordance with the applicable 
SIP-approved regulations as necessary to determine compliance. It 
imposes extensive, specific conditions for the monitoring of the 
operational parameters of the process and air pollution control 
equipment at the facility.

D. Rohm and Haas

    Rohm and Haas also has a plant located in Philadelphia, 
Pennsylvania which manufactures chemical products used for industrial 
and water treatment operations and for pest control. The facility is a 
major source of NOX and VOC. The majority of the 
manufacturing installations and processes at this source are subject to 
category specific SIP-approved VOC RACT requirements adopted by the 
Commonwealth in accordance with the applicable CTGs and to SIP-approved 
presumptive RACT requirements to control NOX. Other 
installations and processes require a case-by-case RACT determination. 
The Philadelphia Air Management Services (AMS) issued Rohm and Haas PA-
51-1531 to establish RACT. The PADEP submitted PA-51-1531 to EPA as a 
SIP revision on behalf of the AMS. The facility has a large variety of 
units or processes that emit VOC. The units or processes which are the 
most significant sources of VOC include the Building #21, #R-12, #26, 
#85, #R-11, #80, and #34 vents, the vacuum distillation vent from the 
cation bead production process, the Semiworks Kathon area vents, the 
consolidated Goal process, and fugitive leaks. There are emission 
controls in place for many of these sources including consolidated Goal 
process scrubbers #U-526, #U-585, #U-588, and #U-594, the #R-11 
Wyssmont scrubber, the Building #80 Amines scrubber, the Building #85 
methanol wash scrubber, the Building #34 afterburner, the MMA Tank Car 
Conservation Vent, and a non-contact chilled water condenser. PA-51-
1531 requires the use of this control equipment as RACT. PA-51-1531 
specifies the following VOC RACT emissions limits:

----------------------------------------------------------------------------------------------------------------
                                                                                             VOC (tons/year)
                           Source                                  VOC (lbs/hour)           (calculated for a
                                                                                        rolling 12 month period)
----------------------------------------------------------------------------------------------------------------
U-526 Scrubber..............................................                       1.0                       1.0
U-585 Scrubber..............................................                       0.5                       0.2
U-588 Scrubber..............................................                       0.5                       1.0
U-594 Scrubber..............................................                      21.5                       6.5
Building R11 Wyssmont Scrubber..............................                       7                         6
Building R11 Vent Group 4 Condenser.........................                       8                         6
Building 85 Methanol Washing Scrubber.......................                      15                         1
Building 21 Multiproducts Area..............................  ........................                       7
Building R12 Multiproducts Area.............................  ........................                      12.5
Semi-works Kathon Area......................................  ........................                       8
Building 26 Tritons Area....................................  ........................                       4.2
----------------------------------------------------------------------------------------------------------------

    The PA also requires the Company to implement a visual leak 
detection and repair (LDAR) program for fugitive emissions from the 
Goal production area and for fugitive emissions from transfer piping in 
the Building #85 separations area. Under the LDAR monitoring of all 
components will be conducted on a quarterly basis. PA-51-1531 requires 
Rohm and Haas to submit a quarterly Fugitive Emissions Monitoring 
Report which includes (1) the number of leaks by type of equipment 
occurring within each process unit during the reporting period, (2) the 
number of leaks that could not be repaired within 15 days, (3) the 
reason for unsuccessful or delayed repair beyond 15 days, (4) the 
percent leak by equipment type within each process unit and for the 
total covered processes, (5) a list of all process units not monitored 
during the quarter because the process was not in operation for the 
whole quarter, (6) the lists of actual components found leaking in each 
process unit, and (7) a list of the changes that remove change, or add 
process equipment (except for minor piping changes) to the fugitive 
emission program. Testing and recordkeeping/

[[Page 46529]]

reporting requirements have been imposed in accordance with SIP-
approved regulations necessary to determine compliance with the RACT 
requirements. The facility's sources of NOX emissions 
subject to case-by-case NOX RACT requirements consist of 
three boilers, each with a heat capacity of 120 MMBtu per hour. 
Although these boilers have been shutdown, the AMS did determine and 
impose RACT for them, in the event that Rohm and Haas seeks emission 
reduction credits from the shutdown. PA 51-1531 specifies that 
NOX RACT for these three boilers consists of installation of 
low NOX burners, burner cap trials, and the elimination of 
waste solvent burning. PA 51-1531 limits the NOX emissions 
from each boiler to 204 tons per twelve month rolling period and limits 
the total NOX emissions from all three boilers to 612 tons 
per rolling twelve month period.

E. SBF Communication Graphics

    SBF Communication Graphics (SBF), located in Philadelphia, 
Pennsylvania is a printing facility. It is a major source of VOC. The 
AMS issued PA-2197 to SBF, and the PADEP submitted it to EPA as a SIP 
revision. SBF is equipped with 8 non-heatset web offset lithographic 
printing presses and with 3 heatset web offset lithographic printing 
presses. These presses produce most of the facility's VOC emissions. 
The AMS determined that material substitution, i.e., the use of inks, 
fountain solutions and cleaning solutions with lower VOC contents, 
constitutes RACT. The PA specifies specific VOC content limitations, by 
weight, for inks, fountain solutions, and cleaning solutions used at 
SBF. The PA specifies that the VOC fraction of the ink (minus water), 
as applied to the substrate, shall not exceed 25% by weight. It 
requires that the VOC content of the fountain solution, as applied, 
shall be maintained at or below 5.0 percent by weight, and it shall 
contain no alcohol. Finally, the PA specifies that cleaning solutions 
shall either: (1) have a VOC content less than or equal to 30 percent 
by weight, or (2) have a VOC composite partial pressure, as used, less 
than or equal to 10 mm Hg at 68 degrees F, or 3) have a total usage 
which does not exceed 55 gallons over any 12-month rolling period. The 
PA imposes extensive and specific recordkeeping and reporting 
requirements necessary to determine compliance with the VOC RACT 
requirements.

F. Schlosser Steel, Inc.

    Schlosser Steel, Inc., located in Montgomery County, Pennsylvania 
supplies structural steel products. The facility includes coating 
operations which make it a major source of VOC. The majority of the 
installations and processes at this source are subject to category 
specific SIP-approved regulations adopted by Pennsylvania in accordance 
with the applicable CTG(s). For other installations and processes, the 
PADEP has imposed case-by-case RACT in OP-46-0051. OP-46-0051 limits 
VOC emissions from parts washing and cleaning operations be less than 3 
pounds per hour, 15 pounds per day, and 2.7 tons per year. It requires 
that the company train its personnel in proper use of equipment which 
generates VOCs, establish a cleaning solvent accounting system, and 
conduct a leak inspection and maintenance plan. The PADEP has imposed 
the testing, recordkeeping and reporting requirements necessary to 
demonstrate compliance with all applicable SIP-approved RACT 
regulations including 25 Pa Code 129.52 and 129.91-95.

G. SEPTA's Berridge/Courtland Maintenance Shop

    The Southeastern Pennsylvania Transportation Authority's (SEPTA's) 
Berridge/Courtland Maintenance Shop, located in Philadelphia, 
Pennsylvania, repairs and maintains buses. The shop is a major source 
of VOC. The major of the VOC emitting installations and processes at 
this source are subject to category specific SIP-approved RACT 
requirements adopted in accordance with the applicable CTG(s). For 
other installations and processes, the Philadelphia AMS issued PA-51-
4172 to establish RACT. The PADEP submitted PA-51-4172 to EPA has a SIP 
revision on behalf of AMS. The AMS established RACT on a case-by-case 
basis for the shop's spray booths, lithographic presses, and the silk 
screen shop. With respect to spray booth operations, PA-51-4172 
specifies that SEPTA must ensure that HVLP type spray guns are utilized 
in all spraying operations and that spray guns are cleaned with a 
device that collects spent solvent for proper disposal and minimizes 
solvent emission during and between cleaning. For the lithographic 
presses, PA-51-4172 specifies that SEPTA shall use a fountain solution 
and water mixture with a VOC content no greater than 5% by weight 
unchilled or 8% by weight chilled to 55 degrees F. PA-51-4172 also 
specifies that any cleaning solution used for blanket and roller 
cleaning on a sheet-fed offset lithographic press shall have: (1) A VOC 
content, as applied, less than or equal to 30 percent by weight, or (2) 
a VOC composite partial vapor pressure, as used, less than or equal to 
10 mm Hg at 68 degrees F. For degreasers not covered by SIP-approved 25 
Pa Code 129.63, PA-51-4172 requires that ``all containers containing 
VOC materials shall be covered when not in use; cleaned parts shall be 
thoroughly drained before removal; a permanent label shall be posted 
for operating requirements; solvent shall be transferred so as to keep 
evaporation below 20%; and, waste solvent shall be stored in covered 
containers. PA-51-4172 imposes the recordkeeping and reporting 
requirements necessary to determine compliance with all SIP-approved 
RACT regulations including 25 Pa Code 129.91-129.94.

H. Smith-Edwards-Dunlap, Company

    The Smith-Edwards-Dunlap, Company, located in Philadelphia, 
Pennsylvania, prints poster boards, letterheads, business cards, etc. 
The facility is a major source of VOCs. The Philadelphia AMS issued PA-
2255 to Smith-Edwards-Dunlap, Company to establish RACT. The PADEP 
submitted PA-2255 to EPA has a SIP revision on behalf of AMS. The units 
at the facility which emit VOCs are 13 lithographic printing presses. 
The PA specifies that VOC RACT for these presses is materials 
substitution to the use of inks, fountain solutions, and cleaning 
solutions with lower VOC contents. The permit requires that the VOC 
fraction of the ink (minus water), as applied to the substrate, shall 
not exceed 25% by weight. The permit also requires that the VOC 
fraction of all fountain solutions shall not exceed 20% by volume. 
Finally, the permit requires that each cleaning solution used in 
quantities of 55 gallons or more over any rolling twelve month period 
have a VOC content, as applied, of less than or equal to 30% by weight, 
or a VOC composite partial vapor pressure, as used, of less than or 
equal to 10 mm Hg at 68 degrees F. PA-2255 imposes the extensive 
recordkeeping and reporting requirements necessary to demonstrate 
compliance with the RACT determinations and 25 Pa Code 129.91 -129.94.

I. Southwest Water Pollution Control Plant/Biosolids Recycling Center

    The Philadelphia Water Department's Southwest Water Pollution 
Control Plant/Biosolids Recycling Center is a publicly owned waste 
water treatment plant and biosolids recycling center. The facility is a 
major source of NOX and VOC. The majority of the 
installations and processes at this source are subject to category 
specific, or presumptive SIP-approved RACT

[[Page 46530]]

requirements. For other VOC emitting installations and processes, the 
Philadelphia AMS issued PA 51-9515 to the facility to impose RACT. The 
facility emits VOCs from both the Biosolids Recycling Center (i.e., 
composting) operation and the wastewater treatment process. PA 51-9515 
requires that the Biosolids Recycling Center compost pile aeration 
blower exhausts be vented to biofilters. PA 51-9515 requires that the 
excess gas produced by the wastewater treatment process's anaerobic 
digestion of sludge be flared through waste gas burners. It also 
specifies that the wastewater treatment process adhere to its approved 
good maintenance and operation program, and that the composting 
operation adhere to good maintenance and operation of the existing 
biofilters and of the compost pile aeration system. PA 51-9515 imposes 
extensive testing requirements for VOC from its wastewater using EPA 
Method 624 and the ``TOXCHEM+'' computer program. PA 51-9515 also 
imposes extensive recordkeeping and reporting requirements as necessary 
to determine compliance with all SIP-approved RACT regulations 
including 25 Pa Code 129.91--129.94.

J. Stroehman Bakeries, Inc.

    Stroehman Bakeries, Inc., located in Montgomery County, 
Pennsylvania produces a variety of breads, rolls, and buns. The bakery 
is a major source of VOC. The bakery generates ethanol, a VOC, because 
of the yeast used to produce the baked goods during the baking process. 
The PADEP issued Stroehman Bakeries PA-46-0003 to establish RACT. PA-
46-0003 specifies that RACT for the bread oven and for the roll and bun 
oven is use of use of a catalytic oxidizer with a minimum inlet 
temperature of 550 degrees F. PA-46-0003 imposes VOC emissions limits 
of 3.1lbs/hr and 13.7 tpy from the bread oven and 1.2lbs/hr and 5.4 tpy 
from the roll and bun oven. PA-46-0003 requires source testing in 
accordance with 25 Pa Code 139 and imposes additional testing 
conditions to demonstrate compliance. PA-46-0003 requires that the 
test(s) results be reported to PADEP and that all records be for a 
period of not less than two years.

K. Sunoco, Inc. (R&M)

    Sunoco, Inc. (R&M) operates a refinery located in Philadelphia, 
Pennsylvania. The refinery is a major NOX and VOC emitting 
facility. The majority of the installations and processes at this 
source are subject to category specific SIP-approved VOC regulations 
adopted by Pennsylvania in accordance with the applicable CTG(s), and 
to SIP-approved presumptive RACT requirements to control 
NOX. For other installations and processes, the AMS issued 
PA-1501/1517 to establish RACT. The PADEP submitted PA-1501/1517 to EPA 
as a SIP revision on behalf of AMS. PA-1501/1517 imposes NOX 
RACT requirements for the # 868 Fluid Catalytic Cracking Unit (FCCU) 
regenerator and for numerous heaters and boilers. PA-1501/1517 
specifies that RACT for the FCCU consists of good combustion practices 
and limits the NOX emissions from the #868 FCCU to 569 tons 
per year on a rolling 365 day basis. PA-1501/1517 also includes case-
by-case RACT determinations for numerous boilers and heaters. The 
permit specifies that NOX RACT for six units: the H-1 heater 
at Unit 433, the B-104 heater at Unit 1232, and Boilers #37, #38, #39, 
and #40 at the #3 Boilerhouse, is the use of ultra-low NOX 
burners. The permit specifies that RACT for the remaining combustion 
sources is combustion tuning. The permit also specifies NOX 
emissions limits for all of these units. For certain units, the permit 
also specifies maximum heat input limits. The NOX RACT 
limitations for the heaters and boilers are shown in the table below:

----------------------------------------------------------------------------------------------------------------
                                     Limit when burning gas   Limit when burning oil    Heat input cap  (MMBTU/
               Unit                     (lbs. NOx/MMBTU          (lbs. NOx/MMBTU                 hour)
----------------------------------------------------------------------------------------------------------------
#3 Boiler House--#37, #38, #39 and                    0.330                    0.330  495 MMBTU/hour for Boilers
 #40 Boilers.                                                                          #37, #38, and #39.
                                                                                      660 MMBTU/hour for Boiler
                                                                                       #40
#22 Boiler House--#1, #2, and #3                      0.20                    NA      NA
 Boilers.
Heater F-1 @ Unit 137.............                    0.230                    0.230  415
Heater F-2 @ Unit 137.............                    0.257                    0.4    155
Heater F-3 @ Unit 137.............                   NA                        0.4    NA
Heater H101 @ Crude Unit 210A.....                    0.089                    0.4    NA
Heater H201 @ Crude Unit 210B.....                    0.173                    0.4    242
Heater 13H1 @ Crude Unit 210C.....                    0.104                    0.4    NA
Heater B-101 @ Unit 231...........                    0.122                   NA      91
Process Heater H-1 @ Unit 433.....                    0.060                   NA      243
Heater 1H-1 @ Unit 859............                    0.123                    0.4    76
Heater 1H-2 @ Unit 859............                    0.123                    0.4    70
Heater 1H3 @ Unit 859.............                    0.134                    0.4    NA
Heater 2H-2 @ Unit 860............                    0.350                    0.4    NA
Heater 2H-3 @ Unit 860............                    0.163                    0.4    NA
Heater 2H-4 @ Unit 860............                    0.270                    0.4    NA
Heater 2H-5 @ Unit 860............                    0.163                    0.4    NA
Heater 2H-7 @ Unit 860............                    0.157                    0.4    NA
Boiler 2H-9 @ Unit 860............                    0.20                     0.20   NA
Heater 3H1N @ Hydrogen Plant 861..                    0.133                   NA      125
Heater 3H1S @ Hydrogen Plant 861..                    0.133                   NA      123
Heater PH-1 @ Unit 864............                    0.167                    0.4    NA
Heater PH-3 @ Unit 864............                    0.284                    0.4    80
Heater PH-4 @ Unit 864............                    0.102                    0.4    57
Heater PH-5 @ Unit 864............                    0.283                    0.4    90
Heater PH-11 @ Unit 864...........                    0.145                    0.4    NA
Heater PH-12 @ Unit 864...........                    0.119                    0.4    NA
Heater 11-H1 @ Unit 865...........                    0.113                    0.4    NA
Heater B-104 @ Unit 1232..........                    0.177                   NA      70
Process Heater H-400 @ Unit 1332..                    0.156                   NA      186
Process Heater H-401 @ Unit 1332..                    0.156                   NA      NA

[[Page 46531]]

 
Heater H-2 @ Unit 1332............                    0.300                   NA      NA
----------------------------------------------------------------------------------------------------------------

    The facility emits fugitive VOC emissions from valves, pumps, 
flanges, compressors in VOC service and from cooling towers. PA-1501/
1517 specifies that Sunoco must utilize an emissions leak detection and 
repair (LDAR) program as RACT to reduce emissions from the valves, 
pumps, flanges and compressors in VOC service, and conduct an 
inspection and maintenance/monitoring program as RACT to reduce 
fugitive VOC emissions from cooling towers. PA-1501/1517 imposes the 
recordkeeping and reporting requirements necessary to determine 
compliance with its VOC and NOX RACT requirements in 
accordance with 25 Pa Code 129.91-129.94.

L. Tasty Baking Company

    The Tasty Baking Company is located in Philadelphia, Pennsylvania. 
The bakery is a major source of NOX emissions. The bakery 
does not generate VOC because it does not use yeast in its baking 
process. The small boilers at this source are subject to specific SIP-
approved presumptive RACT requirements. The Philadelphia AMS issued PA-
2054 to establish RACT an Alison 501-KB5 gas turbine rated at 45.4 
MMBtu/hr. The PADEP submitted PA-2054 to EPA as a SIP revision on 
behalf of AMS. PA-2054 specifies that NOX RACT for this gas 
turbine consists of the use of water injection, and establishes 
NOX emission limits 10 lbs/hr and 44 tpy. PA-2054 imposes 
the testing, recordkeeping and reporting requirements necessary to 
demonstrate compliance with its RACT requirements in accordance with 25 
Pa Code 129.91-129.94.

M. Transcontinental Gas Pipeline Corp.--Compressor Station #200

    Transcontinental Gas Pipeline Corporation operates a natural gas 
compressor station, designated as Station #200, in Chester County, 
Pennsylvania. Station 200 is a major NOX and VOC emitting 
facility. Many of the installations and processes at this source are 
subject to specific SIP approved, or presumptive RACT requirements. For 
other installations and processes, PADEP imposes RACT requirements in 
PA-15-0017. The facility is equipped with 13 natural gas fueled 
reciprocating engines. PADEP determined that RACT for these 13 engines 
consists of the use of low emission combustion (LEC) equipment 
modifications. LEC equipment modifications include installation or 
modification of turbochargers, aftercoolers, inlet air systems, exhaust 
systems, power cylinder heads, fuel gas systems, ignition systems, 
cooling water systems, pistons, cylinder liners and camshafts. In 
addition to these equipment specifications, PA-15-0017 also imposes the 
following NOX and VOC emissions limits:

----------------------------------------------------------------------------------------------------------------
                                                                  NOX emissions limit      VOC emissions limit
                Unit #                          Model                  (lb/hour)                (lb/hour)
----------------------------------------------------------------------------------------------------------------
1 to 6 (Post RACT horsepower 2050)...  BA-8T..................                    18.1                      9.0
7 to 9 and 13 (Post RACT horsepower    TLA-6..................                    18.54                     9.2
 2100).
10 to 11 (Post RACT horsepower 3400).  TCV-10.................                    30.0                     14.9
12 (Post RACT horsepower 5500).......  TCV-16.................                    48.56                    24.1
----------------------------------------------------------------------------------------------------------------

    PA-15-0017 also includes the testing, recordkeeping and reporting 
conditions necessary to demonstrate compliance with its RACT 
requirements.

N. Worthington Steel Company

    Worthington Steel Company's Malvern Plant, located in Chester 
County, Pennsylvania, is a steel processing and painting facility. The 
facility is a major source of NOX and VOC emissions. Many of 
the installations and processes at this source are subject to category-
specific SIP approved, or presumptive RACT requirements. For the coil 
coating line (including clean-up operations) and the 23 Safety Kleen 
cold cleaners, PADEP issued OP-15-0016 to establish RACT. For the coil 
coating operation, OP-15-0016 restricts the VOC content of each coating 
to 2.6 lbs/gallon (minus water) as applied to the substrate. OP-15-0016 
also requires that the clean-up solvent used at the coil coating 
equipment shall not result in VOC emissions in excess of pounds per 
hour, 15 pounds per day, and 2.7 tons per year. OP-15-0016 restricts 
the clean-up solvent used in its cold cleaners shall not result in VOC 
emissions in excess of 3 lbs/hr, 15 lbs/day and 2.7 tpy. OP-15-0016 
requires the recordkeeping and reporting requirements necessary to 
determine compliance with 129.91-129.95.
    There are 65 small NOX emitting units (space heaters, 
small boilers, and process annealing furnaces) that fire natural gas 
(units designated as C1-C41; C47--C51; and C55-C65), No. 2 fuel oil 
(C42-C46), or a combination of natural gas/fuel oil (C52-C54). These 
small units range in size from a rated heat input of less than 0.13 
MMBtu/hr to 10.46 MMBtu/hr. Thirty-nine (39) of the 65 units are rated 
at less than 1MMBtu/hr, 22 are rated at or below 4MMBtu/hr, and 4 are 
rated from 6.27 to 10.46 MMBTU. OP-15-0016 requires that these units be 
operated and maintained done in accordance with manufacturer's 
specifications and good air pollution control practices which is 
consistent with the SIP-approved presumptive RACT requirements set 
forth in 25 Pa. Code Section 129.93(c)(1). Forty-seven (47) of these 65 
small NOX emitting units are limited to 4380 hours of 
operation per year.

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

    EPA is approving these SIP submittals because the Philadelphia 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. The AMS and PADEP have also imposed 
recordkeeping, monitoring, and/or testing requirements 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/or NOX 
RACT for 14 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

[[Page 46532]]

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 22, 2001 without further notice 
unless EPA receives adverse comment by October 9, 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. 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 14 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 November 5, 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 14 
individual sources in Pennsylvania may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements.

    Dated: August 28, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(169) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (169) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and/or NOX RACT for 14 sources located in 
the Philadelphia-Wilmington-Trenton area, submitted by the Pennsylvania 
Department of Environmental Protection on December 8, 1995, March 21, 
1996, January 21, 1997, July 24, 1998, April 20, 1999,

[[Page 46533]]

March 23, 2001 (two separate submissions), and July 5, 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, 
operating permits, or compliance permits on December 8, 1995, March 21, 
1996, January 21, 1997, July 24, 1998, April 20, 1999, March 23, 2001 
(two separate submissions), and July 5, 2001.
    (B) Plan approvals (PA), or Operating permits (OP) issued to the 
following sources:
    (1) Stroehmann Bakeries, Inc., PA-46-0003, effective on May 4, 
1995, except for the expiration date.
    (2) Schlosser Steel, Inc., OP-46-0051, effective February 1, 1996, 
except for the expiration date.
    (3) Perkasie Industries Corporation, OP-09-0011, effective August 
14, 1996, except for the expiration date.
    (4) Quaker Chemical Corporation, OP-46-0071, effective September 
26, 1996, except for the expiration date.
    (5) Worthington Steel Company, OP-15-0016, effective July 23, 1996, 
except for the expiration date.
    (6) Transcontinental Gas Pipeline Corp., PA-15-0017, effective June 
5, 1995, except for the expiration date.
    (7) Rohm and Haas Company, Bucks County Plant, OP-09-0015, 
effective April 20, 1999, except for the expiration date.
    (8) SEPTA--Berridge/Courtland Maintenance Shop, PA-51-4172, 
effective July 27, 1999, except for condition 2.C. and condition 5.
    (9) Southwest Water Pollution Control Plant/Biosolids Recycling 
Center, PA-51-9515, effective July 27, 1999, except for condition 
1.A.(1), condition 1.A.(2), condition 2.A., condition 2.B., and 
condition 7.
    (10) Rohm and Haas Company, Philadelphia Plant, PA-51-1531, 
effective July 27, 1999, except for condition 7.
    (11) Sunoco, Inc. (R&M), PA-1501/1517, for Plant ID: 1501 and 1517, 
effective August 1, 2000, except for conditions 1.A. (4) as it pertains 
to the H-600, H-601, H-602, H-1, and H-3 heaters; 1.A. (7)-(10); 1.A. 
(12) as it pertains to HTR 1H4; 1.A. (13) as it pertains to HTR PH2 and 
HTR PH7; 1.A. (15) as it pertains to HTR 11H2; 1.A. (16); 1.A. (18) as 
it pertains to HTR 2H1, HTR 2H6, and HTR 2H8; 1.A. (19); 1.A. (21); 
1.A.(22); 2.B. as it pertains to Gas Oil HDS Unit 866: HTR 12H1; 2.E.; 
2.L.; and condition 6.
    (12) SBF Communication Graphics, PA-2197, for Plant ID: 2197, 
effective July 21, 2000.
    (13) Smith-Edwards-Dunlap, Company, PA-2255, for Plant ID: 2255, 
effective July 14, 2000.
    (14) Tasty Baking Co., PA-2054, for Plant ID: 2054, effective April 
9, 1995.
    (ii) Additional Materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the 
sources listed in paragraph (c)(169)(I)(B) of this section.
[FR Doc. 01-22360 Filed 9-5-01; 8:45 am]
BILLING CODE 6560-50-P