[Federal Register Volume 66, Number 175 (Monday, September 10, 2001)]
[Rules and Regulations]
[Pages 46953-46960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22614]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4152a; FRL-7050-1]


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). These 
sources are located in the Philadelphia-Wilmington-Trenton ozone 
nonattainment area (the Philadelphia area). EPA is approving these 
revisions to the SIP in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on October 25, 2001, without further 
notice, unless EPA receives adverse written comment by October 10, 
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, the 
EPA Region III address above or by e-mail at [email protected]. 
Please note that while questions may be posed via telephone and e-mail, 
formal comments must be submitted, in writing, as indicated in the 
ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act 
(CAA), the Commonwealth of Pennsylvania (the Commonwealth or 
Pennsylvania) is required to establish and implement RACT for all major 
VOC and NOX sources. The major source size is determined by 
its location, the classification of that area and whether it is located 
in the ozone transport region (OTR). Under section 184 of the CAA, RACT 
as specified in sections 182(b)(2) and 182(f) applies throughout the 
OTR. The entire Commonwealth is located within the OTR. Therefore, RACT 
is applicable statewide in Pennsylvania.
    State implementation plan revisions imposing reasonably available 
control technology (RACT) for three classes of VOC sources are required 
under section 182(b)(2). The categories are: (1) All sources covered by 
a Control Technique Guideline (CTG) document issued between November 
15, 1990 and the date of attainment; (2) All sources covered by a CTG 
issued prior to November 15, 1990; (3) All other major non-CTG rules 
were due by November 15, 1992. The Pennsylvania SIP has approved RACT 
regulations and requirements for all sources and source categories 
covered by the CTGs.
    On February 4, 1994, PADEP submitted a revision to its SIP to 
require major sources of NOX and additional major sources of 
VOC emissions (not covered by a CTG) to implement RACT. The February 4, 
1994 submittal was amended on May 3, 1994 to correct and clarify 
certain presumptive NOX RACT requirements. In the 
Philadelphia area, a major source of VOC is defined as one having the 
potential to emit 25 tons per year (tpy) or more, and a major source of 
NOX is also defined as one having the potential to emit 25 
tpy or more. Pennsylvania's RACT regulations require sources, in the 
Philadelphia area, that have the potential to emit 25 tpy or more of 
VOC and sources which have the potential to emit 25 tpy or more of 
NOX 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

[[Page 46954]]

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. Once EPA has 
approved the case-by-case RACT determinations submitted by PADEP to 
satisfy the conditional approval for subject sources located in Bucks, 
Chester, Delaware, Montgomery and Philadelphia Counties; the limited 
approval of Pennsylvania's generic VOC and NOX RACT 
regulations shall convert to a full approval for the Philadelphia area.
    It must be noted that the Commonwealth has adopted and is 
implementing additional ``post RACT requirements'' to reduce seasonal 
NOX emissions in the form of a NOX cap and trade 
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule 
developed by the States in the OTR. That rule's compliance date is May 
1999. That regulation was approved as a SIP revision on June 6, 2000 
(65 FR 35842). Pennsylvania has also adopted regulations to satisfy 
Phase I of the NOX SIP call and submitted those regulations 
to EPA for SIP approval. Pennsylvania's SIP revision to address the 
requirements of the NOX SIP Call Phase I consists of the 
adoption of Chapter 145--Interstate Pollution Transport Reduction and 
amendments to Chapter 123--Standards for Contaminants. On May 29, 2001 
(66 FR 29064), EPA proposed approval of the Commonwealth's 
NOX SIP call rule SIP submittal. EPA expects to publish the 
final rulemaking in the Federal Register in the near future. Federal 
approval of a case-by-case RACT determination for a major source of 
NOX in no way relieves that source from any applicable 
requirements found in 25 PA Code Chapters 121, 123 and 145.

II. Summary of the SIP Revisions

    On December 7, 1998, February 2, 1999, 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 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. 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/or 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aldan Rubber Company..............  Philadelphia......................  PA-1561..........................  Rubber Coated Fabric  VOC.
                                                                                                            Maker.
Arbill Industries, Inc............  Philadelphia......................  PA-51-3811.......................  Industrial Laundry..  VOC.
Bethlehem Lukens Plate............  Montgomery........................  OP-46-0011.......................  Steel Plate           NOX & VOC.
                                                                                                            Production.
Braceland Brothers, Inc...........  Philadelphia......................  PA-3679..........................  Printing Facility...  VOC.
Graphic Arts, Inc.................  Philadelphia......................  PA-2260..........................  Printing Facility...  VOC.
International Business Systems....  Montgomery........................  OP-46-0049.......................  Printing Facility...  VOC.
McWhorter Technologies............  Philadelphia......................  PA-51-3542.......................  Specialty Resins      VOC.
                                                                                                            Producer.
Montenay Montgomery Ltd...........  Montgomery........................  OP-46-0010A......................  Municipal Waste       NOX.
                                                                                                            Combustor.
Newman and Company................  Philadelphia......................  PA-3489..........................  Paperboard Producer.  NOX.
Northeast Foods...................  Bucks.............................  OP-09-0014.......................  Bakery..............  VOC.
Northeast Water Pollution Control   Philadelphia......................  PA-51-9513.......................  Wastewater Treatment  VOC & NOX.
 Plant (Philadelphia Water                                                                                  Plant.
 Department).
O'Brien (Philadelphia)              Philadelphia......................  PA-1533..........................  Electric Generation   NOX.
 Cogeneration, Inc.--Northeast                                                                              Facility.
 Water Pollution Control Plant.
O'Brien (Philadelphia)              Philadelphia......................  PA-1534..........................  Electric Generation   NOX.
 Cogeneration, Inc.--Southwest                                                                              Facility.
 Water Pollution Control Plant.
Pearl Pressman Liberty............  Philadelphia......................  Plan Approval #7721..............  Printing Facility...  VOC.
--------------------------------------------------------------------------------------------------------------------------------------------------------

A. Aldan Rubber Company

    Aldan Rubber Company (Aldan) has a plant located in Philadelphia, 
Pennsylvania which produces custom rubber coated fabric. Several 
installations at this source are subject to categoric specific SIP-
approved RACT requirements adopted by the Commonwealth in accordance 
with applicable CTGs. The small boiler is subject to the SIP-approved 
presumptive RACT for NOX found at 25 Pa. Code

[[Page 46955]]

129.93 (b)(2). Forty-two mixing churns and a crumber unit require case-
by-case RACT determinations to control VOCs. The Philadelphia Air 
Management Services (AMS) issued PA-1561 to Aldan to establish and 
impose RACT. The PADEP submitted PA-1561 to EPA as a SIP revision on 
behalf of the AMS. PA-1561 establishes RACT for the 42 rubber-solvent 
churns as the use of a carbon adsorber system, which PA-1561 requires 
to be maintained in accordance with manufacturer's specifications. PA-
1561 establishes RACT for the crumber unit as use of a condenser. The 
PA requires the crumber condenser temperature to be maintained at less 
than 80 degrees F. The PA also specifies that the crumber unit's VOC 
emissions shall be limited to 4 pounds per hour and 2.7 tons per year. 
PA-1561 requires a control efficiency test on the carbon adsorber unit 
once every five years, and also requires records to be kept of the 
concentration of organic material in the exhaust of the carbon adsorber 
unit and of the maintenance conducted on the unit. PA-1561 requires a 
daily log to be kept of the temperature of the crumber condenser. In 
addition, PA-1561 requires Aldan to keep all the records and other data 
required to demonstrate compliance with the RACT requirements of 25 Pa. 
Code 129.91-129.94.

B. Arbill Industries, Inc.

    Arbill Industries, Inc. (Arbill) has a plant in Philadelphia, 
Pennsylvania which is an industrial laundry and petroleum based dry-
cleaning facility. Arbill is a major source of VOC. The AMS issued 
Arbill Industries PA-51-3811 to establish RACT. The PADEP submitted PA-
51-3811 to EPA as a SIP revision on behalf of the AMS. The facility 
consists of several VOC emitting sources including 2 heavy-duty 
petroleum solvent dry cleaning washers, 10 textile dryers with built-in 
condensers, 3 vacuum stills for petroleum solvent, and 26 hampers. PA-
51-3811 requires a RACT program consisting of the reduction of 
evaporative losses from washing, drying, and transfer operations. This 
program includes the following: (1) eliminating fugitive emissions from 
the dryer by replacement of the cooling towers to allow the cooling 
water in the dryer condensers to be kept at the constant temperatures 
required for complete recovery; (2) using of petroleum cleaning 
solvents that have higher flash points; ( 3) retrofitting the Hoyt 
dryers with three temperature gauges, installed next to the loading 
door, to measure the temperature of the dryer, of the air exiting the 
condenser, and of the outlet water from the condenser; (4) maintaining 
the proper operating temperature range for each dryer; (5) not 
operating any dryer that is not within the proper operating temperature 
range; (6) placing covers over all hampers used to transfer textiles 
after the wash cycle to reduce fugitive emissions; and (7) placing 
covers over all hampers containing solvent laden textiles awaiting 
processing. PA-51-3811 requires Arbill to keep records of solvent 
usage, of solvent chemical composition, of solvent purchases and 
inventories, of the reconciliation of solvent purchases and inventories 
with actual usage, of the three temperature readings from each Hoyt 
dryer (taken once per load per dryer), and of the operating hours of 
each unit. PA-51-3811 also requires Arbil to keep all records and other 
data required to demonstrate compliance with the RACT requirements of 
25 Pa. Code 129.91-129.94.

C. Bethlehem Lukens Plate

    Bethlehem Lukens Plate (Bethlehem) operates a plant located in 
Montgomery County, Pennsylvania which produces carbon, alloy, and 
stainless steel plates. Bethlehem is a major source of NOX 
and VOC. Many installations and processes at this source are subject to 
categoric specific SIP-approved RACT requirements adopted by the 
Commonwealth in accordance with applicable CTGs and to SIP-approved 
presumptive RACT requirements to control NOX. Other 
installations and processes require case-by-case RACT determinations. 
The PADEP issued Bethlehem OP-46-0011 to establish RACT. OP-46-0011 
establishes the following NOX RACT emission limits:

------------------------------------------------------------------------
                                                           NOX emission
                         Furnace                            limit, tons
                                                             per year*
------------------------------------------------------------------------
Slab Heating Furnace....................................           85.97
Slab Heating Furnace....................................          187.34
Rose Annealing Furnace..................................           36.84
Quench Furnace..........................................           50.55
Temper Furnace..........................................          19.78
------------------------------------------------------------------------
* To be met on a 12-month rolling basis.

    OP-46-0011 also requires the fuel usage of the furnaces to be 
limited as per the following Table and the annual NOX 
emissions to be determined by multiplying the annual usage of natural 
gas by the corresponding emission factor:

----------------------------------------------------------------------------------------------------------------
                                                                   NG fuel usage (thousand     Emission factor
                                                                         cubic feet)        --------------------
                             Source                             ----------------------------
                                                                    Monthly       Annual       LB NOX/1000CF NG
----------------------------------------------------------------------------------------------------------------
Slab Heating Furnace 1.........................................       156,240     1,874,880                0.388
Slab Heating Furnace 2.........................................       151,821     1,821,848                0.198
Rose Annealing Furnace.........................................        46,988       575,856                0.140
Quench Furnace.................................................        74,638       895,657                0.140
Temper Furnace.................................................        23,570       282,839                0.100
----------------------------------------------------------------------------------------------------------------

    In addition, OP-46-0011 also specified that RACT for the furnaces 
includes maintenance and operation in accordance with manufacturer's 
specifications as well as in accordance with good air pollution control 
practices. OP-46-0011 also includes requirements which make four 
emergency generators rated at 1000, 300, 150, and 125 KW subject to the 
presumptive NOX RACT requirements of 25 Pa. Code section 
129.93(c)(5). The permit requires that they shall not operate more than 
500 hours in any consecutive 12 month period. The permit also requires 
that they be maintained and operated in accordance with manufacturers' 
specifications as well as in accordance with good air pollution control 
practices. With respect to VOC emissions, OP-46-0011 requires that the 
VOC emissions from each of the following sources or processes shall 
never exceed 3 pounds per hour, 15 pounds per day, or 2.7 tons per 
year: a 200 HP steam generator, a 300 HP steam generator, a Drever 
furnace, a quench furnace, a temper furnace, slab heating furnaces No. 
1 and No. 2, miscellaneous cutting torches, a rose annealing furnace, 
space heaters, slab preheaters No. 1 through No. 4, APB Preheaters No. 
1 through No. 3, four emergency generators (1000 KW, 300 KW, 150KW, & 
125 KW), one emergency waste water treatment plant (WWTP) diesel pump,

[[Page 46956]]

above ground storage tanks, a propane vaporizer, VOC emissions from 
miscellaneous cleaning fluids used for maintenance, Safety-Kleen or 
similar parts washers, freeze protection, VOC emissions from 
miscellaneous maintenance painting, and VOC emissions from maintenance 
lubricant sprays. The permit also requires that these units or 
operations shall be maintained and operated in accordance with 
manufacturers' specifications as well as in accordance with good air 
pollution control practices. OP-46-0011 requires Lukens to keep records 
of the fuel used per month for each furnace on a 12-month rolling 
basis, the number of hours of operation in any 12 consecutive month 
period for each emergency generator described in Condition 6, and of 
all additional data required by 25 Pa. Code 129.95.

D. Braceland Brothers, Inc.

    Braceland Brothers, Inc. is a printing facility located in 
Philadelphia, Pennsylvania. Braceland is a major source of VOC. The AMS 
issued PA-3679 to establish RACT. The PADEP submitted PA-3679 to EPA as 
a SIP revision on behalf of the AMS. PA-3679 establishes RACT 
requirements for 1 non-heatset web offset lithographic printing press, 
3 heatset web offset lithographic printing presses, and 2 non-heatset 
sheetfed offset lithographic printing presses. PA-3679 specifies that 
RACT consists of the use of inks, fountain solutions, and cleaning 
solutions which meet specified lower VOC content limitations. PA-3679 
requires that the VOC fraction of the ink (minus water), as applied to 
the substrate, shall not exceed 25 percent by weight. PA-3679 also 
requires that the VOC content of the fountain solutions for the web 
presses, as applied, shall be maintained at or below 5.0 percent by 
weight, and that the fountain solutions shall contain no alcohol. PA-
3679 also specifies that the VOC content of the fountain solutions for 
the sheetfed presses, as applied, shall be maintained at or below 5.0 
percent by weight or shall be maintained at or below 8.5 percent by 
weight and refrigerated to 60 degrees F or less. Finally, PA-3679 
specifies that cleaning solutions shall either: (1) Have a VOC content, 
as applied, less than or equal to 30 percent by weight, (2) have a VOC 
composite partial pressure, as used, less than or equal to 10 mm Hg at 
68 degrees F, or (3) be used in amounts which do not exceed 55 gallons 
over any 12-month rolling period. PA-3679 requires that detailed 
records to be kept pertaining to the inks, fountain solutions, and 
cleaning solutions to determine compliance. The PA also specifies that 
a record of VOC emissions per press, using a mass balance equation, 
shall be shall be maintained on a rolling 12 month basis. In addition, 
it requires that material purchases and inventories shall be maintained 
and reconciled with actual usage. PA-3679 also contains a general 
requirement to keep all the records and other data needed to 
demonstrate compliance with the VOC RACT requirements of 25 Pa. Code 
Sec. 129.91-129.94.

E. Graphic Arts, Inc.

    Graphic Arts, Inc. is a lithographic printing facility located in 
Philadelphia, Pennsylvania. The plant is a major source of VOC. The AMS 
issued PA-2260 to establish and impose RACT. The PADEP submitted PA-
2260 to EPA as a SIP revision on behalf of the AMS. PA-2260 establishes 
RACT for five non-heatset sheetfed lithographic printing presses. PA-
2260 requires as the use of: (1) Inks with a VOC fraction of no more 
than 25 percent by weight; (2) fountain solutions with a VOC fraction 
of no more than 20 percent by volume; and (3) cleaning solutions with 
either a VOC content (as applied) less than or equal to 30 percent by 
weight, or a VOC composite partial pressure (as used) less than or 
equal to 10 mm Hg at 68 degrees F, or which are used in quantities 
which do not exceed 55 gallons over any 12-month rolling period. To 
determine compliance with these requirements, PA-2260 requires detailed 
records to be kept pertaining to the inks, fountain solutions, and 
cleaning solutions. The permit also contains a general requirement to 
keep all the records and other data needed to demonstrate compliance 
with the VOC RACT requirements of 25 Pa. Code 129.91-129.94.

F. International Business Systems, Inc.

    International Business Systems, Inc. (International Business 
Systems) is a printing facility located in Montgomery County, 
Pennsylvania. The plant is a major source of VOC. PADEP issued OP-46-
0049 to establish and impose RACT. OP-46-0049 includes RACT 
requirements for 10 non-heatset web offset lithographic printing 
presses, eight tinting units, and miscellaneous units. OP-46-0049 
requires that the VOC emissions from the presses be limited to 18 tons 
per year on a 12-month rolling basis, and limits the VOC emissions from 
clean-up solvents to 16 tons per year on a 12-month rolling basis. The 
permit also requires all inks used to be non-heatset inks containing 
less than 35 percent VOC by weight. Further, OP-46-0049 requires the 
VOC content of the wetting/fountain solutions when using UV cured inks 
to be 8 percent or less as applied. However, the permit provides that 
an ``alternative'' fountain solution which does not exceed 10% VOC by 
weight may be used if the company notifies the PADEP that compliance 
wetting /fountain solutions are not available. The use of the 
alternative fountain solution is allowed only until an appropriate 
lower VOC content fountain solution becomes available. OP-46-0049 
limits emissions from the tinting units to 30 tons per year on a 12 
month rolling basis. In addition, the permit specifies that operation 
and maintenance of all VOC emitting units must be in accordance with 
manufacturer's specifications and good air pollution control practices. 
Finally, OP-46-0049 specifies that all solvent laden containers shall 
be closed at all times except during filling or draining, and that all 
solvent laden towels shall be placed in closed containers immediately 
after use and then disposed of to minimize VOC emissions. The facility 
also has some additional miscellaneous VOC emitting equipment, 
including 1 film and 2 plate processors, 7 collating machines, an 
alcohol storage tank, 4 parts washers, several space heaters, and a 
natural gas fired emergency electric generator. The permit limits VOC 
emissions from these source groups to less than 3 pounds per hour, 15 
pounds per day, or 2.7 tons per year. It also requires operation and 
maintenance in accordance with manufacturer's specifications and good 
air pollution control practices. OP-46-0049 requires detailed records 
to be kept pertaining to the inks, fountain solutions, and cleaning 
solutions. The permit also requires that records be kept in accordance 
with 25 Pa. Code 129.95.

G. McWhorter Technologies, Inc.

    McWhorter Technologies Inc. (McWhorter), located in Philadelphia, 
Pennsylvania, produces specialty resins used by the coatings industry. 
McWhorter is a major source of VOC. The AMS issued PA-51-3542 to 
establish RACT. The PADEP submitted PA-51-3542 to EPA as a SIP revision 
on behalf of the AMS. PA-51-3542 establishes RACT requirements for 
reactor vessels, storage tanks, thinning tanks, a scrubber, boilers, 
space heaters and other combustion equipment. RACT is specified as the: 
(1) Use of temperature controllers on packed columns to prevent excess 
vapor loss in reactors, (2) use of an automatic caustic feed system for 
the scrubber, (3) use of conservation vents on all fixed roof tanks, 
(4) use of a heat exchanger in the

[[Page 46957]]

wastewater treatment system to reduce emissions from storage tanks 
during processing, (5) use of carbon canisters to treat vapor from the 
wastewater tanks, (6) closure of all storage vessel lids except during 
transfer operations, (7) use of mechanical or equivalent seals on all 
pumps, (8) use of caps, blind flanges, plugs, or second valves to seal 
open end lines at all times, except during operations, maintenance, or 
repairs which require process fluid flow through open-ended valves or 
lines, and (9) use of an equipment inspection and maintenance program. 
PA-51-3542 requires the Company to keep all records and other data 
required to demonstrate compliance with RACT requirements of 25 Pa. 
Code 129.91-129.94.

H. Montenay Montgomery Limited Partnership

    Montenay Montgomery Limited Partnership operates a municipal waste 
combustor in Montgomery County, Pennsylvania. The facility is a major 
source of NOX. The PADEP issued OP-46-0010A to establish and 
impose RACT. The plant has two municipal waste combustors, each rated 
to burn 600 tons of waste per day. OP-46-0010A specifies that air 
contaminant emissions from the two municipal waste combustors must be 
controlled through the use of individual Research-Cottrell spray dryer 
absorber using Sorbalit 1 reagent to control mercury and acid gases, 
Research-Cottrell fabric collectors and a selective non-catalytic 
reduction (SNCR) control system. OP-46-0010A requires that 
NOX emissions per combustor (expressed as NO2) shall not 
exceed a 24-hour daily arithmetic average of 205 parts per million by 
volume, corrected to 7 percent oxygen, dry basis and, in accordance 
with 40 CFR 60.33b(d), 109 pounds per hour, and 477.4 tons per year. 
OP-46-0010A also specifies that the facility shall comply with all 
applicable requirements in 40 CFR part 60, subpart Cb (relating to 
Emission Guidelines and Compliance Times for large Municipal Waste 
Combustors that are constructed on or before September 20, 1994). The 
permit requires that compliance with the NOX limits be 
monitored using continuous emissions monitors. OP-46-0010A requires the 
facility to keep records of air pollution control system evaluations 
and records of calibration checks, adjustments, and maintenance on all 
equipment is subject to the its requirements. In addition to the 
incinerators, the facility is equipped with an emergency diesel-fired 
generator. OP-46-0010A specifies that the generator shall not be 
operated in excess of 500 hours in a consecutive 12 month period, which 
makes the emergency generator subject to the presumptive RACT 
requirements specified at 25 Pa. Code Section 129.93(c). OP-46-0010A 
also specifies that the generator shall be operated and maintained in 
accordance with the manufacturer's specifications and good air 
pollution control practices.

I. Newman and Company

    Newman and Company (Newman) is a paperboard production facility 
located in Philadelphia, Pennsylvania. The plant is a major source of 
NOX. Many installations and processes at this facility are 
subject to and to SIP-approved presumptive RACT requirements to control 
NOX. The AMS issued PA-3489 to establish and impose RACT. 
The PADEP submitted PA-3489 to EPA as a SIP revision on behalf of the 
AMS. PA-3489 limits NOX emissions from the Union Ironwork 
boiler (which has a rated firing rate of 118 million Btu per hour and 
which uses either natural gas or #6 oil as a fuel) to 121 tons per year 
on a rolling 12-month basis. It also establishes NOX 
emissions limits for the boiler of 0.37 lbs/MMBtu when firing natural 
gas and of 0.43 lbs/MMBtu when firing #6 oil. In addition, PA-3489 
requires an annual tune-up of the boiler to be done to ensure that it 
is meeting the operating standards as specified by the manufacturer. 
PA-3489 requires a stack test to be done once every five years to 
determine the boiler's NOX emissions. PA-3489 also requires 
the facility to use emissions factors in lbs. NOX/MMBtu from 
the most recent stack test to calculate the rolling 12-month total of 
NOX emissions from the boiler. PA-3489 further requires the 
company to submit quarterly reports which shall include the type and 
amount of fuels burned each day, the heat content of each fuel, the 
total heating value of the fuel consumed each day, and the 12-month 
rolling NOX totals for each individual month in the quarter. 
PA-3489 also requires the company to keep all records and other data 
required to demonstrate compliance with RACT requirements of 25 Pa. 
Code 129.91-129.94.

J. Northeast Foods, Inc.

    Northeast Foods, Inc. (Northeast Foods),located in Bucks County, 
Pennsylvania, produces hamburger rolls and English muffins. The plant 
is a major source of VOC emissions. PADEP issued OP-09-0014 to 
establish and impose RACT. OP-09-0014 establishes RACT requirements for 
three natural gas-fired griddles used to bake English Muffins, a 
natural gas-fired oven used to bake rolls, and two natural gas-fired 
boilers with heat input ratings of 6.3 MMBtu/hr each. OP-09-0014 
establishes VOC RACT as operation in accordance with manufacturer's 
specifications and good air pollution control practices. In addition, 
the permit requires muffin griddle line 3 to remain shutdown and the 
natural gas line to that oven be turned off. OP-09-0014 specifies that 
reactivation of this muffin line will require the company to comply 
with 25 Pa. Code, Chapter 127. The permit requires the company to keep 
records demonstrating compliance in accordance with its requirements 
and 25 Pa. Code 129.95. Among other things, the permit requires the 
Company to record the types and amounts of product produced monthly, 
the initial yeast content and total yeast action time for each product 
produced monthly, the spike yeast content and spiking time for each 
product produced monthly, and the monthly operating hours of each of 
the ovens.

K. Northeast Water Pollution Control Plant (Philadelphia Water 
Department)

    The Northeast Water Pollution Control Plant , which is operated by 
the Philadelphia Water Department, is a publicly owned wastewater 
treatment plant. The plant is a major source of VOC and NOX. 
The NOX emitting installations and processes at this 
facility are subject to SIP-approved presumptive RACT requirements of 
25 Pa. Code 129.93. The AMS issued PA-51-9513 to establish and impose 
RACT. The PADEP submitted PA-51-9513 to EPA as a SIP revision on behalf 
of the AMS. The plant emits VOCs from the wastewater treatment process. 
Excess gas produced by the anaerobic digestion of sludge is flared 
through waste gas burners. PA-51-9513 specifies that VOC RACT for the 
wastewater treatment process is adhering to an established good 
maintenance and operation program. The permit requires the company to 
determine VOC emissions on a daily basis using the results of a 
wastewater influent sample taken on a 24 hour basis and the computer 
program called ``TOXCHEM.'' The permit also requires the Department to 
keep all records and other data required to demonstrate compliance with 
the requirements of 25 Pa. Code 129.91-129.94. Among other things, 
these records are required to include daily influent wastewater flow 
and associated parameters, and the monthly VOC concentration of the 
influent. The permit also requires the Department to submit a report on 
a semi-annual basis which provides, among other things, the

[[Page 46958]]

monthly VOC emissions from the facility.

L. O'Brien (Philadelphia) Cogeneration, Inc.--Northeast Water Pollution 
Control Plant

    O'Brien (Philadelphia) Cogeneration, Inc. (O'Brien), located at the 
City of Philadelphia's Northeast Water Pollution Control Plant, 
generates electricity. The AMS issued PA-1533 to establish and impose 
RACT. The PADEP submitted PA-1533 to EPA as a SIP revision on behalf of 
the AMS. PA-1533 limits the non-methane hydrocarbons from the facility 
to 1.12 grams per brake horsepower, 31 pounds per hour, and 21tons per 
year. PA-1533 does establish and impose NOX RACT 
requirements for the facility's three Caterpillar Gas engines, rated at 
650 kW, 500 kW, and 225 kW, all of which burn digester gas. It also 
imposes RACT to control NOX from the facility's seven 
standby Detroit Diesel engines, each rated at 2340 HP, which burn 
diesel fuel. PA-1533 requires that the facility's NOX 
emission rate shall not exceed 2.00 grams per brake horsepower-hour, 
80.00 pounds per hour, and 40 tons per year. PA-1533 also requires the 
NOX emissions of the Detroit Diesel engines be vented to a 
selective catalytic reduction (SCR) system. In addition, PA-1533 
specifies that the company shall operate each of the Caterpillar Gas 
engines a maximum of 8000 hours per year and that it shall operate each 
of the Detroit Diesel engines a maximum of 250 hours per year. PA-1533 
also requires the company to perform a routine maintenance program on 
each Caterpillar Gas and Detroit Diesel engine every six months. PA-
1533 requires that the operating parameters of the engines and the SCR 
system be maintained to those established as conditions during the time 
they were stack tested (which occurred at the time of installation). 
PA-51-1533 requires the Company to keep all records required to 
demonstrate compliance with the NOX RACT requirements of 25 
Pa. Code 129.91-129.94. These records are required to include operating 
hours, fuel and lube oil consumption, fuel-to-air ratio, kilowatt hours 
produced, flow rate, temperature and pressure drop across the SCR, the 
ammonia flow rate, and records of the routine maintenance program.

M. O'Brien (Philadelphia) Cogeneration, Inc.--Southwest Water Pollution 
Control Plant

    O'Brien (Philadelphia) Cogeneration, Inc. (O'Brien) also operates 
another cogeneration plant at the City of Philadelphia's Southwest 
Water Pollution Control Plant. The AMS issued PA-1534 to establish and 
impose RACT for NOX. The PADEP submitted PA-1534 to EPA as a 
SIP revision on behalf of the AMS. PA-1534 restricts the facility's 
non-methane hydrocarbon emissions to 1.12 grams per brake horsepower, 
31 pounds per hour, and 15 tons per year. PA-1534 NOX RACT 
requirements for two Dorman Engines and ten standby Detroit Diesel 
Engines. The Dorman Engines burn digester gas and are each rated at 593 
HP. The Detroit Diesel engines are each rated at 1550 HP and burn 
diesel fuel. PA-1534 requires that the facility's NOX 
emissions not exceed 2.00 grams per brake horsepower-hour, 80.32 pounds 
per hour, and 30 tons per year. PA-1534 also requires that the 
NOX emissions of the Detroit Diesel engines be controlled by 
a selective catalytic reduction (SCR) system. In addition, PA-1534 
requires that the facility operate each of the Dorman engines a maximum 
of 8000 hours per year and each of the Detroit Diesel engines a maximum 
of 250 hours per year. PA-1534 also requires the Company to perform a 
routine maintenance program on each Dorman and Detroit Diesel engine 
every six months. Finally, PA-51-1534 requires the Company to operate 
the engines and the SCR system using the same operating parameters as 
were established as operating conditions when the engines were stack 
tested (which occurred at the time of installation). PA-1534 requires 
the facility to keep all records required to demonstrate compliance 
with the NOX RACT requirements of 25 Pa. Code Sections 
129.91-129.94. These records are required to include operating hours, 
fuel and lube oil consumption, fuel-to-air ratio, kilowatt hours 
produced, flow rate, temperature and pressure drop across the SCR, the 
ammonia flow rate, and records of the routine maintenance program.

N. Pearl Pressman Liberty

    Pearl Pressman Liberty (Pearl Pressman) operates a printing 
facility in Philadelphia, Pennsylvania. The facility is a major source 
of VOC. The AMS issued PA-7721 to establish and impose RACT. The PADEP 
submitted PA-7721 to EPA as a SIP revision on behalf of the AMS. PA-
7721 establishes VOC RACT for 5 non-heatset sheet-fed offset 
lithographic presses. PA-7721 requires as RACT that this facility use: 
(1) Inks with a VOC fraction of no more than 25 percent by weight; (2) 
fountain solutions with a VOC fraction of no more than 20 percent by 
volume; and (3) cleaning solutions with a VOC content (as applied) less 
than or equal to 30 percent by weight, or a VOC composite partial vapor 
pressure (as used) less than or equal to 10 mm Hg at 68 degrees F, or 
be used in an amount that does not exceed 55 gallons over any 12-month 
rolling period (except at the automatic blanket cleaner associated with 
press #1). PA-7721 specifies that the Company may use cleaning 
solutions at the automatic blanket cleaner associated with press #1 
which do not meet the above VOC content or partial vapor pressure 
requirements if the VOC emissions from the cleaning solutions are not 
greater than 5 tons per rolling 12 month period. To determine 
compliance with these requirements, PA-7721 requires detailed records 
to be kept pertaining to the inks, fountain solutions, and cleaning 
solutions. The permit also contains a general requirement to keep all 
the records and other data needed to demonstrate compliance with the 
VOC RACT requirements of 25 Pa. Code 129.91-129.94.

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

    EPA is approving Pennsylvania's RACT SIP submittals because the AMS 
and PADEP established and imposed these 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 
record-keeping, monitoring, and testing requirements necessary to be 
able 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 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 25, 2001 without further notice 
unless EPA receives adverse comment by October 10, 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.

[[Page 46959]]

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 9, 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/or NOX from 14 
individual sources in the Philadelphia area of Pennsylvania may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 29, 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)(185) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (185) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT for 14 sources located in the 
Philadelphia area, submitted by the Pennsylvania Department of 
Environmental Protection on December 7, 1998, February 2, 1999, April 
20, 1999, 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 and 
operating permits December 7, 1998, February 2, 1999, April 20, 1999, 
March 23, 2001 (two separate submissions), and July 5, 2001.
    (B) Plan approvals (PA), Operating permits (OP) issued to the 
following sources:
    (1) International Business Systems, Inc., OP-46-0049, effective 
October 29, 1998 and as revised December 9, 1999, except for the 
expiration date.

[[Page 46960]]

    (2) Bethlehem Lukens Plate, OP-46-0011, effective December 11, 
1998, except for the expiration date.
    (3) Montenay Montgomery Limited Partnership, OP-46-0010A, effective 
April 20, 1999 and as revised June 20, 2000, except for the expiration 
date.
    (4) Northeast Foods, Inc., OP-09-0014, effective April 9, 1999, 
except for the expiration date.
    (5) Aldan Rubber Company, PA-1561, effective July 21, 2000, except 
for conditions 1.A.(1), 1.A.(2) and 1.A.(4); and conditions 2.A. and 
2.C.
    (6) Braceland Brothers, Inc., PA-3679, effective July 14, 2000.
    (7) Graphic Arts, Incorporated, PA-2260, effective July 14, 2000.
    (8) O'Brien (Philadelphia) Cogeneration, Inc.--Northeast Water 
Pollution Control Plant, PA-1533, effective July 21, 2000.
    (9) O'Brien (Philadelphia) Cogeneration, Inc.-Southwest Water 
Pollution Control Plant, PA-1534, effective July 21, 2000.
    (10) Pearl Pressman Liberty, PA-7721, effective July 24, 2000.
    (11) Arbill Industries, Inc., PA-51-3811, effective July 27, 1999, 
except for condition 5.
    (12) McWhorter Technologies, PA-51-3542, effective July 27, 1999, 
except for condition 2.B. and condition 5.
    (13) Northeast Water Pollution Control Plant, PA-51-9513, effective 
July 27, 1999, except for condition 1.A.(1), conditions 2.A. and 2.B., 
and condition 7.
    (14) Newman and Company, PA-3489, effective June 11, 1997.
    (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 (c)(185)(i)(B).

[FR Doc. 01-22614 Filed 9-7-01; 8:45 am]
BILLING CODE 6560-50-P